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...
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Search Results for "recklessness"

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High Court

High Court of Karnataka Allows Insurer's Appeal in Crop Insurance Dispute — State Government Directed to Reassess Claims and Pay Compensation to Farmers. The Division Bench set aside the Single Judge's order directing compensation and reframing of Term Sheet, holding that such relief was beyond writ jurisdiction.

19 Aug 2024

The case involves an intra-court appeal filed by the Agricultural Insurance Company of India Ltd. (the appellant/insurer) against a judgment of a lear...

High Court

High Court of Karnataka Quashes Proceedings Under Environment Protection Act for Noise Pollution Allegations — Lack of Sanction Under Section 15(1) Renders Prosecution Invalid. The Court held that cognizance of an offence under Section 15(1) of the Environment (Protection) Act, 1986 without prior sanction by the Central Government or authorized officer is illegal and proceedings are liable to be quashed.

30 Sep 2022

The petitioner, Mahendra Solanki, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of proceedings...

High Court

High Court of Karnataka Quashes Revisional Order Restoring Complaint in Medical Negligence Case — Lack of Expert Opinion Under Section 155(2) of Indian Medical Council Act, 1956 Renders Complaint Not Maintainable. The court held that the mandatory requirement of obtaining expert opinion before taking cognizance of medical negligence cannot be dispensed with, and the Revisional Court erred in restoring the complaint without considering this provision.

2 Mar 2021

The petitioners, Manipal Hospital and Dr. Shankar Kumar, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) se...

High Court

Bombay High Court Allows Writ Petition Against Refusal to Issue Process for Medical Negligence Under Section 304A IPC — Held That Magistrate Must Consider Prima Facie Case at Stage of Issuing Process, Not Conduct Mini Trial. The court set aside the orders of the Magistrate and Additional Sessions Judge and directed the Magistrate to proceed with the complaint after giving the complainant an opportunity to lead evidence.

19 Jan 2015

The petitioner, Gautam Sadanshiv, filed a criminal complaint (Criminal Complaint No.645/2009) before the Judicial Magistrate, First Class, Achalpur, a...

High Court

Bombay High Court Allows Criminal Writ Petition Against Refusal to Issue Process for Medical Negligence Under Section 304A IPC. Court Finds Prima Facie Case of Rash or Negligent Act by Doctors Leading to Patient's Death.

19 Jan 2015

The petitioner, Gautam Sadanshiv, filed a criminal complaint alleging medical negligence against respondent doctors (Dr. Laxmi Jawanjal, Dr. Deepak Ga...

High Court

Bombay High Court Dismisses Petition by Municipal Corporation Challenging Reinstatement of Bus Driver in Gross Negligence Case. The Industrial Court's finding that the bus driver was not negligent was based on evidence and not perverse, and thus no interference under Article 227 was warranted.

11 Jul 2014

The petitioner, Municipal Corporation of Greater Bombay (BEST Undertaking), challenged an order of the Industrial Court, Mumbai, dated 16 August 2007,...

High Court

Bombay High Court Allows Discharge Petition in Medical Negligence Case Under Section 304A IPC — Lack of Material to Show Rash or Negligent Act. Court holds that death during anaesthesia without evidence of gross negligence does not constitute culpable homicide not amounting to murder.

17 Feb 2014

The petitioner, Dr. Suvarna Arjun Jaybhaye, a medical practitioner with an MBBS degree and a diploma in Anaesthesia, was the accused in S.C.C. No. 965...

High Court

Bombay High Court Dismisses Union of India's Petition Challenging CAT Order Quashing Charge Memo Due to Delay and Quasi-Judicial Functions. The Court Held That Disciplinary Proceedings Initiated After 8 Years for Acts Done in Discharge of Official Duties as Income Tax Officer Were Unjustified and Caused Prejudice to the Employee.

13 Feb 2013

The Union of India and others filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order of the Central Admini...

High Court

Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — No Prima Facie Case of Rash or Negligent Act Under Section 304A IPC. The court held that mere negligence or error of judgment does not constitute criminal negligence; there must be gross lack of competence or recklessness.

5 Oct 2005

The applicant, Dr. Sujoy Das, a part-time General Surgeon at ESI Hospital in Margao, Goa, filed a criminal miscellaneous application under Section 482...

High Court

Bombay High Court Dismisses Petition Challenging Land Acquisition Under MRTP Act — Upholds Acquisition for Public Purpose Despite Delay. The court held that the acquisition of land for a public purpose under the MRTP Act cannot be challenged after a long delay and that the petitioner failed to establish any violation of statutory provisions.

30 Nov -0001

The petitioner, Udhav Bhanudas Gujar, filed a writ petition challenging the acquisition of his land by the respondents under the Maharashtra Regional ...

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