SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 304A-- Negligence - Must be culpable or gross and not the negligence merely based upon an error of judgment...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 304A, 279, 337, 338-- Rash and negligent driving - Accused driving truck - Struck with a Peter Rehra - It was midnight - 3 persons died and 4/5 injured - Peter Rehra was unauthorised vehicle and had never been registered with the authority - Rehra was having no head lights or indicators - Complainant & IO not examined..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 279A, 337, 304A-- Rash and negligent driving - Petitioner driving bus on a highway - Complainant was driving a tractor trolley carrying passengers - Complainant coming from side lane - Fatal accident - Causing death of one of the passenger - Held, that complainant was not a trained driver having only a learning..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 304A-- Rash and negligent driving - Heavy vehicles should not be condemned always for rash and negligent driving - Guidelines laid down for IO's regarding investigation in such cases...........
DELHI HIGH COURT
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 304A-- Medical negligence - Patient went to a doctor who referred the case to another Hospital as equipment for his treatment was not available with him - Patient died - Medical Board exonerated the doctor - Held, that what may be negligence in civil law may not necessarily be negligence in criminal law..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 304A-- Rash and negligent driving - Driving a vehicle at a high speed cannot be said to be rash or negligent, unless it is explained as to in what manner it was rash or negligent...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 304A-- Rash and negligent driving - High Speed - Driving a vehicle at a speed of 100 km per hour - Cannot be said to be high speed - Speed could be assessed as high, if it exceeds the limit of 100 km. per hour...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 304A-- Provision applies to cases where there is no intention to cause death and no knowledge that the act done in all probabilities will cause death - It applies only to such acts which are rash and negligent and are directly the cause of death of another person - Rashness and negligence are essential..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 304A-- Rash and negligent - Meaning - A negligent act is an act done without doing something which a reasonable man guided upon those considerations which ordinarily regulate the conduct of human affairs would do or act which a prudent or reasonable man would not do in the circumstances attending it - A..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 304A-- Death by rash and negligent driving - Bus driven enormously at a high speed near a school and death caused of a 10 year boy - Conviction u/s 304 Part II IPC on the ground that when accused was driving bus at enormous speed near a school and acted with knowledge that it was likely to cause death -..........