Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Offending vehicle was at such a high speed that vehicle of deceased was dragged for about 15 feet and was not just an incidental collusion - Conduct of petitioner was rash and negligent one - Petitioner had failed to give a reasonable explanation when incriminating material was brought to his notice..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Reduction of sentence - Petitioner is 48 years old doing a small business and has old aged ailing parents - He is sole bread earning member of his family and has three sons and a wife who are all dependent on him - Petitioner has no criminal antecedent - However, considering the fact that rash and..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Stunts on public road - Death of Biker - Petitioner and his accomplice were driving a tractor on a public road at a dangerously high speed, and it is clear that they were doing motor sports - There is no reason to believe they would be unaware of consequences of motor sport with a modified vehicle..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Claimants have established their case that it was the truck which was involved in the accident with car wherein deceased was travelling - Specific plea of collusion as set up by insurance company not established - Death of deceased thus, caused by driving of truck by respondent no.2 in a rash and negligent..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Modification of sentence - Incident is of the year 2013 - Eleven years have elapsed since incident occurred - Appellant is on bail throughout - He has deposited Rs.1 lakh to be payable to mother of deceased who is the sole legal heir - Conviction upheld - However, sentence of 3 months S.I. and also..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for cross-examination - Defendant granted several opportunities but he did not cross-examine PW1 - Though defendant was negligent in not defending suit, yet an opportunity has to be granted to defendant by placing him on terms - Application allowed subject to payment of costs of Rs.10,000 payable to plaintiff...........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - One person died in the accident and two persons sustained grievous injuries - Petitioner drove the offending vehicle violating one way traffic rules and dashed on the auto rickshaw in which deceased was travelling - Vehicle driven by petitioner was in high speed and it came in a reckless..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Reduction of sentence - Petitioner is having his aged mother and unmarried daughter aged 24 years as dependents - No criminal antecedents is reported against petitioner - Substantive sentence reduced to some extent - Direction issued...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Condonation of delay of 4-1/2 years - Mere fact that lawyer was careless or negligent that by itself cannot be a ground to condone long and inordinate delay, as litigant owes a duty to be vigilant of his own rights and is expected to be equally vigilant about the judicial proceedings..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Mere fact that lawyer was careless or negligent, that by itself cannot be a ground to condone long and inordinate delay, as litigant owes a duty to be vigilant of his own rights and is expected to be equally vigilant about the judicial proceedings pending in the Court initiated at his instance...........
