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High Court of Bombay at Aurangabad Upholds Conviction of Truck Driver in Rash Driving Death Case. Causal Link Between Negligent Driving and Death Established Under Section 304-A IPC.

The applicant, Mahendra Madhukar Jagdale, was the driver of a truck bearing registration No. MH-20-A-6964. On 16 June 2003 at about 3:00 p.m., the com...

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High Court Upholds Conviction of Truck Driver for Causing Death by Negligence — Evidence of Eye-Witness and Spot Panchanama Sufficient. Rear Wheel of Truck Passed Over Deceased's Head, Proving Rash Driving Under Sections 279 and 304-A IPC.

The applicant-accused, Mahendra Madhukar Jagdale, a truck driver, was convicted by the Judicial Magistrate First Class, Pathardi, in S.C.C. No. 225 of...

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Bombay High Court Dismisses Revision Against Conviction for Rash Driving Under IPC Sections 279 and 337 — Conviction Based on Consistent Eyewitness Testimony and Medical Evidence Upheld

The applicant, Hamza Mohd. Ibrahim Ansari, was the original accused in C.C.No.769/P/1987 before the Additional Chief Metropolitan Magistrate, 18th Cou...

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Bombay High Court Dismisses Writ Petitions Challenging Election Commission's Order to Use College Premises for Polling Stations. Educational institutions cannot refuse to provide premises for election purposes under Article 243K and Section 26 of the Representation of the People Act, 1951.

The judgment involves two writ petitions filed before the Bombay High Court, Nagpur Bench. The first petition was filed by Shri Gadge Maharaj Mahavidy...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Deceased a Bonafide Passenger Despite Absence of Ticket. Presumption of Bonafide Passenger Status Under Section 124A of Railways Act, 1989 Applies When Body Found Near Railway Tracks and No Evidence of Trespassing.

The appeal was filed by the legal heirs of the deceased, Vijay Gondake, challenging the order of the Railway Claims Tribunal, Mumbai, dated 31st Janua...

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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased Driver. Claimants' Cross-Objection for Enhanced Compensation Dismissed as Deceased's Own Negligence Contributed to Accident.

The case arises from a motor accident claim where the deceased, Samsuddin Ansari, died in a truck accident. The claimants, being the wife, minor child...

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High Court of Karnataka Acquits Accused in Prison Offence Case Due to Lack of Sanction — Conviction Under Section 58 of Karnataka Prisons (Amendment) Act, 2022 Quashed as Prosecution Initiated Without Mandatory Previous Sanction Under Section 59 of the Act.

The petitioner, Shakuntala W/o Bhogappa Nayak Desai, was convicted by the V Additional Civil Judge and JMFC, Vijayapur in C.C. No. 9213/2022 for an of...

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Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Negligence of Maruti Van Driver Upheld. Compensation Awarded to Legal Heirs of Deceased Rider and Injured Pillion Riders Under Section 166 of Motor Vehicles Act, 1988.

The case involves three appeals filed by The New India Assurance Co. Ltd. against judgments and awards of the Claims Tribunal, Raigad, in three motor ...