Showing : 1441-1450 of 5345 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302-- Accused fully drunk - Plea that he had no intention to cause death - Intoxication is not a defence to a criminal charge - It can be a mitigating circumstances only when accused is not a habitual drinker, otherwise, it has to be considered as an aggravating circumstance - In the instant case..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32-- Death of woman by pouring kerosene and set her on fire - Dying declaration - Involvement of six family members - Every body roped in for every event as such it is not possible to segregate or sever the actions of one from another - Two accused proved plea of alibi - Events show that deceased was..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 302-- Murder - Further investigation - Transfer of investigation to CBI - Permissibility - Charge-sheet has been filed and departmental action taken against erring officials - Held, matter cannot be referred to CBI for further investigation after filing of charge-sheet by State Investigating Agency -..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- `Rash' and `negligent' - Difference between - Rashness means where the actor foresees possible consequences, but foolishly thinks they will not occur as a result of his act - Negligence has been understood to be an omission to do something which a reasonable man guided upon those considerations..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- Negligence - Held, essence of negligence whether arising from an act of commission or omission lies in neglect of care towards a person to whom defendant or accused as the case may be owes a duty of care to prevent damage or injury to property or person of victim - Existence of a duty to care is..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- Criminal negligence - Nature of - Held, prosecution has to establish that negligence with which accused is charged is `gross' in nature - What is `gross' would depend upon fact situation in each case and cannot, therefore, be defined with certitude...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- Criminal negligence - Doctrine of causacausans - Held, for an offence u/s.304-A to be proved it is not only necessary to establish that accused was either rash or grossly negligent but also that such rashness or gross negligence was causacausans that resulted in death of victim - Causacausans..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- Criminal negligence - Uphar Cinema - Proof - Ansal brothers were in full control over affairs of company which owned cinema, as well as cinema itself, at all material times, including date of incident - Held, Ansal brothers were both occupiers of cinema complex as on date of incident in which..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- Criminal negligence - Award of damages against owner of cinema hall - Held, it cannot be made basis to hold occupier guilty of gross negligence u/s 304-A IPC...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A, 79-- Criminal negligence - Protection of S.79 - Held, not available to a person who has not acted with due care and caution - Essence of S.79 is a belief entertained in good faith about legitimacy of what is being done by person concerned - In present case, Ansal brothers/appellants acted in a rash and..........

Showing : 1441-1450 of 5345 Results