Search Results for "Reasonable care"

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High Court of Bombay at Aurangabad Upholds Conviction of Truck Driver in Rash Driving Death Case. Causal Link Between Negligent Driving and Death Established Under Section 304-A IPC.

The applicant, Mahendra Madhukar Jagdale, was the driver of a truck bearing registration No. MH-20-A-6964. On 16 June 2003 at about 3:00 p.m., the com...

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Bombay High Court Allows Interim Custody of Seized Goats to Animal Welfare Trust in Section 429 IPC Case. Registered Trust Granted Custody of 45 Goats Under Section 451 CrPC and Prevention of Cruelty to Animals Rules, 2017 for Welfare Pending Trial.

The applicant, Bhartiya Govansh Rakshan Sanvardhhan Parishad, a registered trust engaged in animal welfare and prevention of illegal slaughter, filed ...

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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.

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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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Breach of Policy Conditions Not Proved by Insurance Company. Claimants entitled to compensation as insurer failed to establish that vehicle was used for commercial purpose in violation of policy terms.

The case arises from a motor accident claim petition filed by Rambhau Gawai and his two sons (appellants) under Section 166 of the Motor Vehicle Act, ...

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Bombay High Court Dismisses Mother's Custody Petition for Minor Daughters Rescued from Brothel Under PITA. Custody of rescued minor victims under Immoral Traffic (Prevention) Act, 1956 vests with Child Welfare Committee for rehabilitation, not with biological mother, to prevent re-exploitation.

The petitioner, Smt. Babita, mother of two minor daughters aged 15 and 16, filed a Criminal Writ Petition challenging orders of the Judicial Magistrat...

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High Court Upholds Conviction of Truck Driver for Causing Death by Negligence — Evidence of Eye-Witness and Spot Panchanama Sufficient. Rear Wheel of Truck Passed Over Deceased's Head, Proving Rash Driving Under Sections 279 and 304-A IPC.

The applicant-accused, Mahendra Madhukar Jagdale, a truck driver, was convicted by the Judicial Magistrate First Class, Pathardi, in S.C.C. No. 225 of...

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High Court of Karnataka Hears Criminal Petition to Quash Charges in Dog Accident Case. Accused Argues Offences Under IPC and Motor Vehicles Act Not Attracted Due to Lack of Mens Rea and Accident on Public Road.

The petitioner, the driver of a Fortuner SUV, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the...