Search Results for "Rashness and Negligence"

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High Court of Karnataka Acquits Accused in Rash Driving and Death Case Due to Inconsistent Evidence and Lack of Proof of Negligence. Conviction under Sections 279, 304A IPC and Section 187 MV Act Set Aside as Prosecution Failed to Establish Guilt Beyond Reasonable Doubt.

The revision petitioner, Dyaniyal S/o Malku Army, was convicted by the Addl. Civil Judge and JMFC, Humnabad in C.C. No. 309/2019 for offences under Se...

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High Court of Bombay at Goa Holds Motor Accident Claims Tribunal's Negligence Finding Perverse in Road Accident Compensation Appeal. Tribunal's Dismissal of Claim Overlooked Material Oral Evidence and Misinterpreted Accident Sketch, and Higher Duty of Care Applied to Tipper Truck Driver.

Background: The appeal arose from a motor accident claim where the appellant sought compensation for injuries allegedly caused by a tipper truck beari...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Appreciation of Evidence by Tribunal. Claimant Proves Rash and Negligent Driving Through Panchanama and Witness Testimony Under Motor Vehicles Act, 1988.

The appellant, Shri Anant Sahadev Parsekar, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in ...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of ST Bus Driver. Principle of Res Ipsa Loquitur Applied as Bus Overturned on Wide Road Without Any Mechanical Defect.

The case arises from a motor accident claim petition filed by the appellants, who are the legal heirs of the deceased Virendra Joshi. The deceased die...

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Supreme Court Acquits KSRTC Driver in Road Accident Case Due to Lack of Rash or Negligent Driving Evidence. Conviction under Sections 279 and 304A IPC Set Aside as Prosecution Failed to Prove Culpable Rashness or Negligence Beyond Reasonable Doubt.

The appellant, Mohammad Hanif Jainum Khalifa, was a driver employed by the Karnataka State Road Transport Corporation (KSRTC). He was tried and convic...

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High Court of Karnataka Dismisses Revision Petition in Rash Driving Death Case — Conviction Under Section 304A IPC Upheld. Evidence of Eye-Witnesses and Medical Reports Establish Negligence Beyond Reasonable Doubt.

The case arises from a criminal revision petition filed by the accused, Moulasab, challenging his conviction and sentence by the JMFC-I, Hubli in CC N...

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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 Upholds Acquittal in Rash Driving Case Due to Lack of Evidence of Negligence. Death of Child in Truck Accident Not Sufficient to Prove Rashness Under Sections 279, 338, 304A IPC r/w Section 184 Motor Vehicles Act.

The State of Maharashtra appealed against the acquittal of Uttam Akaram Madane by the Judicial Magistrate, First Class, Vita, for offences under Secti...

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Bombay High Court Upholds Conviction for Rash Driving Causing Death in Motor Accident Case. Appeal Dismissed as Evidence of Rashness and Negligence Established Beyond Reasonable Doubt Under Sections 279, 304A IPC and Motor Vehicles Act.

The present appeal was filed under Section 374 of Cr.P.C. by the original accused No.1, Sanjay Bhavrao @ Baburao Sapkal, challenging his conviction in...