Search Results for "vicarious liability"

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Bombay High Court Quashes Charges Against School Secretary and Coordinator Under POCSO Act for Failure to Report Sexual Offences — Lack of Knowledge of Offence Precludes Liability Under Section 21 POCSO Act and Section 75 JJ Act.

The case involves three criminal applications filed by Kishor Sureshchandra Darda (Secretary of Jawaharlal Darda Education Society) and Tasnim Jafaral...

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Bombay High Court Acquits Appellant in Murder Case Due to Inconsistent Evidence and Lack of Credible Witnesses. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Ramesh Waman Bodke, was convicted by the Additional Sessions Judge, Nashik in Sessions Case No.271/2012 for the murder of his cousin Sa...

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Bombay High Court Upholds Conviction of Cousin Brothers for Murder and Attempt to Murder in Family Land Dispute — Life Imprisonment Maintained for Offences Under Sections 302 and 307 IPC Read with Section 149 IPC.

The appellants, Rajendra Dada Zargad and Pandharinath Dada Zargad, were convicted by the Additional Sessions Judge, Baramati, in Sessions Case No. 105...

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Bombay High Court Acquits Accused in Murder Case Due to Material Contradictions and Doubtful Identification. Conviction under Sections 302, 143, 144, 147, 148, 506 read with 149 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The case pertains to an appeal against the judgment and order dated 20 August 2005 passed by the 1st Ad-Hoc Additional Sessions Judge, Solapur, convic...

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Bombay High Court Quashes FIR Against Directors in VAT Evasion Case — IPC Offences Not Invokable When Special Statute Exists. FIR under IPC and MVAT Act quashed as investigation under MVAT Act must be by VAT authorities, not police, and IPC cannot be invoked for acts covered by special statute.

The petitioners, directors of G.S. Oils Ltd., challenged FIR No. 139/2012 registered at Police Station Wani for offences under Sections 406, 409, 420,...

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Bombay High Court Allows FERA Appeals Against Penalty for Irregular Release of Foreign Exchange by Full Fledged Money Changer. Show Cause Notice Held Vague for Not Specifying Which RBI Directions Were Violated.

The case involves appeals by Trade Wings Ltd., its managing director V.S. Ubhayakar, and director Kirti T. Shah against an order of the Appellate Trib...

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Bombay High Court Remands Forest Vehicle Confiscation Case for Fresh Consideration — Appellate Court Failed to Apply Burden of Proof Under Section 61B of Indian Forest Act. Owner's claim of due diligence not properly scrutinized; matter remanded for fresh decision.

The case involves a criminal writ petition filed by the Authorized Officer/Assistant Conservator of Forest and others against the judgment of the Adho...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Reduces Compensation Due to Contributory Negligence. Deceased voluntarily pushed stationary truck and came under wheels; court apportions 50% contributory negligence and reduces award from Rs.1,00,000 to Rs.50,000.

The case arises from a motor accident claim filed by the widow and minor children of Madhukar Pundlik Mahalley, who died on 3rd December 1989 when he ...

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Bombay High Court Allows Owner's Appeal in Motor Accident Claim — Lorry Not in Use at Time of Accident. Owner Not Vicariously Liable for Cyclist's Death When Vehicle Was Stationary and Driver Not Involved.

The case arises from a motor accident claim filed by the mother of the deceased, Yengappa Nanumanta Reddy, who died after his bicycle dashed against a...