Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - In "negligence" wrong doer breaks a positive duty and in "rashness" he breaks a negative duty...........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Collusion between lorry and car - Death of driver and one of passengers of car - Accident occurred due to rash and negligent driving of driver of offending vehicle - Place of occurrence is a curve and accused driving the lorry at a high speed which resulted in death of two persons - No..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Reduction of sentence - Collusion between lorry and car - Death of driver and one of passengers of car - Incident occurred long back in 1998 - Accused is now 60 years old - Considering the age of accused and long lapse of time, accused entitled to get leniency - Accused sentenced to R.I..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Vehicle over-turned - All five persons sitting in the vehicle injured and one died later on - Only one person was examined out of all injured, who improved his statement with regard to certain facts - Police officer who prepared site memo, not examined - Opinion of mechanic is two fold..........
Industrial Disputes Act, Section 33(2)(b) -- Dismissal from service - Application for approval of order - Fatal accident - Collision between bus and car - Report of enquiry officer shows that respondent was driving the bus at very high speed in rash and negligent manner resulting in death of five persons on the spot and four persons in hospital besides injuries to nine..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A, 287, 336 -- Quashing of FIR - Death due to rash and negligent act - Out of Court settlement - Alleged offences are no, compoundable offences and it is not expedient in the ends of justice to quash FIR on the basis of out of Court settlement, as out of Court settlement is not per se..........
Indian Penal Code, 1860, Section 279, 337 -- Rash and negligent driving - Bus hit by truck from behind - Manner in which accident took place and damage which resulted shows that driver of truck was either not driving truck in a fast speed or he had applied brakes and truck rammed into bus in slow momentum as only window panes of bus were broken and two passengers received..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338, 427 -- Rash and negligent driving - Collusion between jeep and bicycle - Death of bicyclist - Eye witness, PW2, scribe of FIR, supported the prosecution case and was not related to deceased - Even he was totally unaware of antecedent of deceased - PW2 present on the spot, caught hold of accused and carried the deceased..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Mere fact that a fatal accident took place would not by itself be enough to make the accused liable u/s 304-A IPC - Rash and negligent act should be direct or proximate cause of death in order to hold a person guilty u/s 304-A IPC...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Fatal accident - Deceased sitting on tractor died due to overturning of tractor rashly and negligently driven by accused - However, there is no direct evidence on record to show the manner in which accident took place as regarding speed, rashness or negligence - All the PWs turned hostile and failed..........
