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...........
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 negligent manner in breach of..........
Indian Penal Code, 1860, Section 304A, 79 -- Criminal negligence - Protection of S.79 - Mistake of fact - Appellants-occupiers of cinema have not been in a position to identify the facts qua which they were under mistake - Nor is it clear as to how any such mistake of fact would have justified their act in law - Held, appellant-occupiers not entitled to benefit of S.79 of..........
Indian Penal Code, 1860, Section 304A -- Gross negligence in grant of fire NOC - Officer concerned had to be satisfied as regards safety of premises - He cannot take shelter behind printed proforma for inspection - Concurrent finding of guilt recorded by Courts below - Held, no reason to interfere...........
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...........
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 accused was actually driving..........
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..........
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..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A -- Death due to negligence - Quashing of FIR - While installing hand pump clip of hand pump touched with live wire which was passing over house of petitioner - Due to this reason `B' got electrocuted and died at spot - Held, petitioner cannot be held liable qua commission of offence..........
Criminal Procedure Code, 1973, Section 468, 473, Indian Penal Code, 1860, Section 304A, 337, 338 -- Offence u/ss 337, 338, 304-A IPC - Charge sheet filed after 16 and half years - Order taking cognizance quashed...........
