Prevention of Food Adulteration Act, 1954, Section 13(2), 17(2) -- Nomination of a person under S.17(2) of the Act - Liability of Directors of Co. - Sample taken of a product packed in the month of Dec. 2004 - It was written on the product 'Best before 12 months from the date of manufacturing' - Complaint lodged in Feb. 2008 - Shelf life of product had already expired when..........
Prevention of Food Adulteration Act, 1954, Section 13(2), 7, 16(1) -- Intimation of report of Public Analyst sent to accused after the date of expiry of sample - Valuable right of accused to get sample analyzed by CFL seriously affected - Consent, connivance or negligence of accused not shown in commission of offence - Interim relief granted...........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Civil and criminal negligence - For an act to amount to criminal negligence the degree of negligence should be much higher i.e. gross or of a very high degree - Negligence which is neither gross nor of a higher degree may provide for a ground for action in civil law but cannot form the basis of prosecution -..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Banker's cheque - Account attached by Income Tax Department - Issuance of Bankers cheque being the result of an oversight or negligence - Offence u/s 138 of the Act is not made out - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bankers cheque issued inspite of account attached by Income Tax Department - No offence is made out - Tort of negligence is not ingredient of an offence u/s 138 of Negotiable Instruments Act, 1881...........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Patient went to a doctor who referred the case to another Hospital as equipment for his treatment was not available with him - Patient died - Medical Board exonerated the doctor - Held, that what may be negligence in civil law may not necessarily be negligence in criminal law - For attraction of S.304-A element..........
Indian Penal Code, 1860, Section 376 -- Rape - Two constables - Not known earlier - Names disclosed by others present after occurrence - Accused seen by prosecutrix for the first time of incident and secondly at time of recording statement during trial - Accused identified in Court - Identification parade not held - Gross negligence committed by IO in not recording..........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482 -- Criminal negligence - Boy aged about 12 years electrocuted and died on the spot due to burning of submersible motor of borewell and grounding of G.I. Pipe in the land belonging to the Trust - Alleged incident occurred as an accidental one and it was not in anticipation of the petitioners..........
Criminal jurisprudence -- Negligence - Concept differs in civil and criminal law - What may be negligence in civil law may not necessarily be negligence in criminal law - For negligence to amount to an offence, the element of mens rea must be shown to exist - For an act to amount to criminal negligence, the degree of negligence should be much higher i.e. gross or of a very..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Accused a boy of 15 years arrested on committing an offence u/ss 392 & 397 IPC - Though he was declared a juvenile by order of Sessions Court but he not sent to observation home and remained behind bar for about three years because of sheer negligence, indifference and inhuman behaviour of..........
