Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 409, 419, 420, 506 -- Quashing of complaint - Offence u/ss 406, 409, 419, 420, 506 IPC - Compromise arrived between parties and both parties agreed to part away each other - No date fixed for filing divorce petition in compromise - Time taken by Court while recording evidence and deciding..........
Indian Penal Code, 1860, Section 287 -- Negligence - Death due to electrocution - Deceased an unskilled labour deployed for cleaning purposes received injuries by electric current - Accused being I, charge of shift was required to oversee deployment of skilled labour apart from fact that safety measures were not in place to avoid any accident - Onus is on accused as being..........
Indian Penal Code, 1860, Section 287 -- Negligence - Death due to electrocution - Reduction of sentence - Accused facing rigours of prosecution since 1994 and is of almost 70 years of age at present - Considering long pendency of case, accused deserves some leniency with respect to sentence imposed upon him - Sentence of accused modified to period already undergone by him...........
Service -- Misconduct - Police service - First misconduct in 15 years of service - Charge of gross negligence/slackness/indiscipline which amounted to tarnishing the image of police departmental - Dismissal from service - Appellant remained out of service for long period after his suspension order - Ends of justice would be met by setting aside the order of dismissal and..........
Criminal Procedure Code, 1973, Section 173(5)(8) -- Production of CDs - CD's not filed alongwith charge sheet/supplementary charge sheet - For omission/mistake/inadvertence/negligence for not placing on record CDs at the relevant time, prosecution cannot be prevented to seek permission of Court to file these CDs on record subsequent to the filing of charge..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Death of patient - Error in judgment of doctor - Does not come within rash and negligent act contemplated u/s 304-A IPC - No offence made out against doctor - Proceedings qua doctor quashed...........
Mines Act, 1952, Section 72A, 72C(1)(a), 72C(1)(b) - - Reduction of sentence - Mining accident - Death of miners - It is an old incident which occurred more than 20 years ago - Other three persons who were directly controlling the mine stands convicted - Only role attributed to appellant was that he acted in violation of SSR - Fault on his part was more in nature of..........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Lawyer - False legal opinion to Bank - For such a wrong lawyer cannot be prosecuted as it does not amount to any criminal culpability - Lawyer at the most may be liable for gross negligence or professional misconduct, if it is established by evidence...........
Negligence -- Death of buffalo due to electrocution - Compensation - As per material on record it proved that animal died unnatural death due to apparent breach of obligation on part of respondents - On account of death of buffalo, petitioner suffered loss for which he is required to be compensated - Petitioner compensated with Rs.50,000/- alongwith interest @ 6% p.a...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Expression `sufficient cause' should receive liberal construction so as to advance substantial justice when no negligence or inaction or want of bona fide is imputable to party...........
