Search Results for "Victim Negligence Defence"

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High Court of Karnataka Acquits Accused in Murder Case Due to Benefit of Doubt on Juvenile Status and Inconsistent Evidence. Claim of juvenility at time of offence not properly considered; conviction under Sections 302, 307 read with 34 IPC set aside.

The appellant, Channappa, was convicted by the Sessions Judge, Yadgir, in S.C. No. 40/2012 for offences punishable under Sections 307, 302 read with 3...

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Bombay High Court Dismisses Appeal and Confirms Life Conviction for Murder Based on Dying Declaration and Circumstantial Evidence. Dying Declaration Found Voluntary and Credible, and Circumstantial Evidence Established Guilt Beyond Reasonable Doubt Under Section 302 IPC.

The appellant, Shivpujan Harishankar Yadav, was convicted by the trial court for the murder of his wife under Section 302 of the Indian Penal Code, 18...

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High Court of Karnataka Allows Claimant's Appeal for Enhanced Compensation and Owner's Appeal Against Liability in Motor Accident Case — Negligence of Driver Proved, Owner Liable for Compensation.

The case involves two appeals arising from a common judgment and award dated 27.12.2010 passed by the Motor Accidents Claims Tribunal & Fast Track Cou...

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Bombay High Court Acquits Accused in Attempt to Murder Case Due to Inconsistent Evidence and Failure to Prove Identity. Conviction under Section 307 IPC Set Aside as Prosecution Failed to Establish Beyond Reasonable Doubt that Appellant Was the Assailant.

The appellant, Namdeo s/o Chandrabhan Charole, was convicted under Section 307 of the Indian Penal Code, 1860 for attempting to murder Kailash Zamre b...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Failure to Prove Guilt Beyond Reasonable Doubt. Conviction under Section 302 IPC Set Aside as Prosecution Witnesses Turned Hostile and Circumstantial Evidence Was Insufficient.

The appellant, Bandu Ramu Phadvale, was convicted by the Extra Joint Adhoc Additional Sessions Judge, Thane, for the murder of his cousin Vijay Chinta...

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Bombay High Court Upholds Insurer's Liability in Workmen's Compensation Case — Accident in Course of Employment as Loader. Employer-Employee Relationship Established; Insurer's Breach of Policy Defence Rejected Under Workmen's Compensation Act, 1923.

The case involves an appeal by The Oriental Insurance Co. Ltd. against the judgment and order dated 22.02.2011 passed by the Commissioner under the Wo...

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Bombay High Court Allows Appeal in Air Crash Compensation Case — Enhances Damages for Bungalow Destruction. Compensation for property damage must be based on cost of reconstruction and actual loss, not market value, under tort law principles.

The appellants, Thota Sayyed and his wife Shamshad Sayyed, owned a newly constructed residential bungalow in Goa. An air crash occurred, causing the c...

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High Court of Karnataka Dismisses Insurance Appeals in Motor Accident and Workmen Compensation Cases — Upholds Awards for Injured Driver and Deceased Worker's Dependents. Insurer's Liability Affirmed Despite Alleged Policy Violations and Lack of Driving License.

The High Court of Karnataka at Dharwad disposed of a batch of miscellaneous first appeals filed by insurance companies against awards of compensation ...

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High Court of Karnataka Dismisses Insurance Appeals in Motor Accident and Workmen Compensation Cases — Upholds Awards for Injured Driver and Deceased Worker's Dependents. Insurer's Liability Affirmed Despite Alleged Policy Violations and Lack of Driving License.

This judgment involves multiple Miscellaneous First Appeals filed by insurance companies against awards of compensation under the Workmen's Compensati...