Indian Penal Code, 1860, Section 207, 304A, 427 -- Death due to negligence - Quantum of sentence - Accused is not a previous convict not involved in any other case - Occurrence relates to 5 years back - Sentence of petitioner reduced to 1 year for the offence U/S 304A but sentence of fine and Imprisonment U/S 279 and 427 stand affirmed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A, 201, 467, 471 -- Quashing of FIR - Death due to medical negligence - Complainant alleges that deceased died due to medical negligence on the part of petitioner and in order to cover up the negligence, false report had been prepared - Petitioner was not found guilty as per two enquiries..........
Foreign Exchange Regulation Act, 1973, Section 56, 49, 6(4), 6(5) -- Quashing of complaint - Offence of crediting non-convertible Rupee Funds into Non-Resident account - Allegations that offence has been committed due to negligence on part of appellant/officials - Suppression and material omission in not mentioning appellant`s reply to opportunity Notice in complaint -..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Ex parte decree - Setting aside - Notice of summons for judgment was served on defendants and not on their advocate as advocate was not available - Immediately after acquiring knowledge of decree being passed instant notice of motion came to be filed - It cannot be said that defendants have acted in negligence..........
Indian Penal Code, 1860, Section 304A, 297, 302, Criminal Procedure Code, 1973, Section 173 -- Accidental death due to negligence or planned murder - As per DIG report the incident of road accident was projected as murder - It is mandatory duty of State to act in accordance with directions given in DIG report - Constitution of SIT to nullify enquiry report of DIG,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Contributory negligence - Two-wheeler of deceased was dragged up to a stretch of about 20-25 feet on road after collision with offending truck - No direct evidence that shows negligence on part of deceased that led to accident - Contributory negligence apportioned by Courts below as 20% on part of deceased set aside...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency of service - Compensation - Violation of statutory duties of public authorities - 22 persons drowned in lake while riding boat on account of negligence in plying boat - Boat was overloaded and carrying more passengers - No life jackets were provided to victims - Primary liability of contractor stands established..........
Service -- Recruitment of constables - Height wrongly recorded - Negligence by officials marking measurements and candidates also manipulated their heights by wrongly recording more than their actual heights - Appellants terminated after four years of service - Held, even in case of manipulation by candidates concerned officials cannot be absolved of responsibility -..........
Motor Vehicles Act, 1988, Section 166 -- Fatal motor accident - Contributory negligence - Motor cycle of deceased collided with bus while bus was taking right turn without giving right turn indicator - Deceased sustained fatal injuries and succumbed to same while on way to hospital - Driver of bus was negligent by not giving right turn indicator and causing accident -..........
Motor Vehicles Act, 1988, Section 166 -- Fatal motor accident - Compensation - In the absence of evidence on record High court was not justified in holding that there is a contributory negligence on part of deceased contrary to evidence of eye witness - High court committed erred in not correctly awarding compensation - Impugned judgment and order of High court set aside..........
