Showing : 111-120 of 326 Results

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...........
KARNATAKA HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A, 279, 337-- Rash and negligent driving - Identity of accused - Not proved beyond reasonable doubt - Benefit always should be given to accused - Accused acquitted...........
KARNATAKA HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 279, 304A, 337-- Death by rash and negligent driving - Identity of driver of offending vehicle - PWs stated that they had no opportunity to see the driver at the time of actual driving by driver of said vehicle - Owner of vehicle not examined - No materials collected by I.O from owner of vehicle to show that..........
ORISSA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A-- Quashing of criminal proceedings - Death by negligence - Doctor, a Government officer, alleged to have caused death of deceased during delivery of child due to his gross negligence - After completion of investigation, Investigating Officer submitted final report as mistake of fact, as no..........
ORISSA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 304A-- Sanction for prosecution - Death by negligence - Doctor, a Government officer, alleged to have caused death of deceased during delivery of child due to his gross negligence - Alleged offence committed while performing official duty - Held, previous sanction of State Government required for..........

Showing : 111-120 of 326 Results