Search Results for "Victim Negligence Defence"

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Supreme Court Lays Down Pan-India Guidelines Against Demolition of Properties of Accused Without Due Process. Executive Cannot Use Demolition as Punishment for Crime; Right to Shelter Protected Under Article 21.

This batch of writ petitions under Article 32 of the Constitution of India raised a grievance that residential and commercial properties of persons ac...

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Bombay High Court Allows Appeal in Railway Accident Case — Claimant Entitled to Compensation for Loss of Both Legs. Untoward Incident Under Section 124A of Railways Act, 1989 — Standing Near Door in Crowded Compartment Not Negligence.

The appellant, Ravichand Khurchankar, a 26-year-old student, was travelling by Howrah-Ahmedabad Express from Gondia to Nagpur on 7 July 2002. Due to o...

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Bombay High Court Awards Compensation for Custodial Death in Jail Lockup Shooting by Constable. State Held Vicariously Liable for Acts of Employee Under Article 21 of Constitution of India.

The petitioner, Kewalbai, mother of Sandeep, filed a Criminal Writ Petition seeking compensation of Rs. 10,00,000/- for the custodial death of her son...

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Bombay High Court Allows Parents' Appeal in Railway Accident Compensation Case — Holds That 'Accidental Falling' Includes Falling Due to Dizziness or Fits, Not Only Bumping Against Objects. Tribunal Erred in Narrow Interpretation of 'Accidental Falling' Under Section 124A of Railways Act, 1989.

The appellants, parents of the deceased Arvind Sanas, filed an appeal against the judgment of the Railway Claims Tribunal, Mumbai Bench, which dismiss...