Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 279, 304A -- Quashing of FIR - Rash & negligent driving - Compromise - Deceased was aged about seventy years and suddenly came in front of car of petitioner and there was no rashness or negligence on his part - Respondent Nos.2 & 3 are the only surviving legal heirs of deceased and confirm the..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Expression "rash or negligent act" as occurring in S.304-A IPC has to be read as qualified by the word "grossly" - In the instant case negligence on the part of appellant not "gross', hence acquitted...........
Medical negligence -- If patient suffered because of negligent act/omission of the doctor, the same gives right to the patient to sue the doctor for damages - This is a civil liability of the doctor under law of tort or contract - The negligent act of doctor may also give rise to criminal liability as well...........
Indian Penal Code, 1860, Section 338 -- Ingredients of offence u/s 338 are : (a) Causing grievous hurt to a person; (b) Grievous hurt should be the result of an act; (c) Such act ought to have been rash and negligent; (d) The intensity of commission of such an act ought to endanger human life or the personal safety of others...........
East Punjab Urban Rent Restriction Act, 1949, Section 15(1)(b) -- Ejectment proceedings - Appeal - Condonation of delay - Delay of 7 days in filing appeal - Copy of prescription slip produced by landlord-petitioner whereby he was advised bed-rest due to his ailment - Held, it could not be said that landlord-petitioner was negligent or careless in pursuing litigation -..........
Limitation Act, 1963, Section 5 -- `Sufficient cause' - Meaning of - Held, `sufficient cause' means that party should not have acted in a negligent manner or there was a want of bona fide on its part in view of the facts and circumstances of a case or it cannot be alleged that party has "not acted diligently" or "remained inactive"...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Exercise of power by Court - Held, where a case is presented in Court beyond limitation applicant has to explain as to what was `sufficient cause' which means an adequate and enough reason which prevented him to approach Court within limitation - If a party is found to be negligent or for want of bona fide on his..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Identification of accused - Identification parade not held - No evidence that driver was known to witnesses - Identification of driver by witnesses for first time in Court is of no value - No evidence as to who was driving vehicle - Failure of prosecution to establish identity of driver - Accused..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Law as to - Court should be liberal in allowing amendment unless serious injustice or irreparable loss is likely to be caused to the other side or that the prayer for amendment is not a bona fide one - A party cannot be refused just relief merely because of some mistake, negligence, inadvertence or..........
Indian Penal Code, 1860, Section 304A -- Death of school children by drowning - Negligence - Accused teacher checked water level/depth and after fixing point asked children not to proceed beyond that point - Another teacher did not state single word about negligence on part of accused - Nothing stated by witnesses about recklessness/criminal rashness of accused in..........
