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..........
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,..........
Indian Penal Code, 1860, Section 304A -- Negligence - Held, essence of negligence whether arising from an act of commission or omission lies in neglect of care towards a person to whom defendant or accused as the case may be owes a duty of care to prevent damage or injury to property or person of victim - Existence of a duty to care is thus the first and most fundamental..........
Indian Penal Code, 1860, Section 304A -- Criminal negligence - Nature of - Held, prosecution has to establish that negligence with which accused is charged is `gross' in nature - What is `gross' would depend upon fact situation in each case and cannot, therefore, be defined with certitude...........
Indian Penal Code, 1860, Section 304A -- Criminal negligence - Doctrine of causacausans - Held, for an offence u/s.304-A to be proved it is not only necessary to establish that accused was either rash or grossly negligent but also that such rashness or gross negligence was causacausans that resulted in death of victim - Causacausans means immediate cause; last link in..........
Indian Penal Code, 1860, Section 304A -- Criminal negligence - Uphar Cinema - Proof - Ansal brothers were in full control over affairs of company which owned cinema, as well as cinema itself, at all material times, including date of incident - Held, Ansal brothers were both occupiers of cinema complex as on date of incident in which capacity they owed a duty to care for..........
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..........
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..........
