Search Results for "recklessness"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Disposes Appeal by Consent Appointing Arbitrator in MSME Dispute, ...

Search Results for "recklessness"

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Supreme Court

Supreme Court Allows Appeal in Medical Negligence Case — Quashes Criminal Proceedings Due to Lack of Proximate Causal Link Between Doctor's Act and Patient's Death. Section 304A IPC requires direct causation; mere delay in attending to patient after surgery does not constitute rash or negligent act amounting to culpable homicide not amounting to murder.

1 Jan 2026

The appellant, Dr. Supriya Kumari, a senior anaesthetist at Dhanalakshmi Hospital, Kannur, was charged under Section 304A of the Indian Penal Code (IP...

Supreme Court

Supreme Court Allows Appeal of Tehsildar in Land Settlement Case — Unexplained Delay of 14 Years and Absence of Extraneous Influence Render Chargesheet Unsustainable. Quasi-Judicial Officer Cannot Be Disciplined for a Wrong Order Without Allegations of Misconduct or Bribery.

1 Apr 2025

The appeal arises from a judgment of the Division Bench of the High Court of Madhya Pradesh which reversed a Single Judge's order quashing a chargeshe...

High Court

Bombay High Court Quashes Order of Deputy Charity Commissioner in Trust Election Dispute Due to Procedural Irregularity and Judicial Impropriety — Allegations of Hasty Decision-Making on Last Day of Transfer Lead to Setting Aside of Election Direction.

4 Oct 2024

The petitioners, claiming to be members of the Rural Education Society Murud, challenged an order dated 20.2.2024 passed by the Deputy Charity Commiss...

High Court

Bombay High Court Grants Anticipatory Bail to Accused in Fatal Hit-and-Run Case Due to Lack of Prima Facie Evidence of Knowledge Under Section 304 IPC. The court held that the blood alcohol level was within permissible limits under Section 185 MV Act and that custodial interrogation was not required.

26 Jun 2024

The applicant, a female MBA graduate and businesswoman, sought anticipatory bail under Section 438 CrPC in connection with a fatal hit-and-run acciden...

Supreme Court

Reforming Sentencing Practices in Indian Criminal Justice: Towards Fairness and Consistency Navigating Legal Precedents and Recommendations for Systematic Change

17 May 2024

Compiles excerpts from various legal sources and cases concerning sentencing guidelines and procedures in the Indian criminal justice system. It discu...

Supreme Court

Supreme Court Acquits Accused in Abetment of Suicide Case Due to Lack of Mens Rea and Insufficient Evidence. Conviction under Section 306 IPC Set Aside as Prosecution Failed to Prove Active Instigation or Intention to Cause Suicide, with Key Witnesses Unexamined and Kidnapping Allegations Disbelieved.

21 Feb 2024

The appeal arose from a judgment of the High Court of Judicature at Madras, which had confirmed the appellant's conviction under Section 306 of the In...

High Court

Bombay High Court Adjudicates Application by Merchant Vessel Owner to Limit Liability Under Part XA of Merchant Shipping Act Following Collision with Indian Navy Vessel. The Court Examined Whether the Right to Limit Liability is Absolute and Whether the Owner’s Alleged Negligence or Recklessness Could Defeat the Limitation.

17 Feb 2023

The present proceedings arose out of a collision on 30 January 2011 between the merchant vessel M.V.Nordlake, owned by the German-incorporated Plainti...

Supreme Court

Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

6 Jan 2022

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

High Court

Karnataka High Court Reserved Order on Petition to Quash Criminal Case Against ACC Directors for Legal Metrology Act Violations. Non-Impleadment of Company and Lack of Inquiry Under Section 202 Cr.P.C. Raised as Key Grounds.

20 Sep 2021

The criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) was filed by ACC Limited, a cement manufacturer, and its Man...

High Court

Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Criminal Intent. Complaint under Section 338 IPC fails as essential ingredients of grievous hurt by rash or negligent act not established without expert evidence.

20 Aug 2019

The petitioner, a practicing ophthalmologist, challenged the judgment of the Additional Sessions Judge, Pune, which upheld the Magistrate's order issu...

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