Search Results for "Section 304A"

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Search Results for "Section 304A"

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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...

High Court

High Court of Karnataka Dismisses Revision Against Conviction for Rash Driving and Causing Death by Negligence — Confirms Concurrent Findings of Guilt Under Sections 279 and 304A IPC.

20 Nov 2024

The revision petitioner, Kishor N, was convicted by the Metropolitan Magistrate Traffic Court IV, Bengaluru, in C.C.No.7848/2018 for offences under Se...

Supreme Court

Supreme Court Upholds Conviction for Murder Under Section 302 IPC — Life Sentence Confirmed for Police Constable Who Shot Colleague Over Phone Dispute. Use of Deadly Weapon and Absence of Sudden Quarrel Preclude Application of Exception 4 to Section 300 IPC.

5 May 2023

The appellant, Arvind Kumar, a police constable, was convicted under Section 302 IPC for the murder of fellow constable Mohd. Rashid. The incident occ...

Supreme Court

Supreme Court Allows Appeal Against Quashing of Final Report in Motor Accident Case — Further Investigation Under Section 173(8) CrPC Cannot Be Quashed Without Hearing the Complainant. The Court held that the complainant has a right to be heard before the quashing of a final report submitted after further investigation ordered on his complaint.

1 Jan 2023

The appellant, Mathew Alexander, was the father of Nixon Abey Matthew, who died in a road accident on 01.01.2015. An FIR was registered against the ap...

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...

Supreme Court

Supreme Court Restores Compensation in Motor Accident Claim — Bus Driver's Negligence Established by Preponderance of Probabilities. Non-examination of Pillion Rider Not Fatal to Claim Under Motor Vehicles Act, 1988.

14 Feb 2019

The case arises from a motor accident on 28 October 2011, when Sitaram, a senior government school teacher, was riding a motorcycle with a pillion rid...

High Court

Bombay High Court Sets Aside Acquittal in Rash Driving Case Due to Dereliction of Duty by Prosecution and Magistrate. The court found that the prosecution failed to examine any eye witnesses and the Magistrate did not ensure their presence, leading to a miscarriage of justice.

18 Sep 2018

The State of Maharashtra filed an appeal against the judgment of the Magistrate acquitting the respondent-accused, Majidkhan Miyakhan Pathan, of offen...

High Court

High Court of Bombay at Nagpur Upholds Discharge of Accused in School Van Accident Case — No Prima Facie Case of Rash or Negligent Driving. Court holds that mere involvement in an accident does not establish rash or negligent driving under Sections 279, 304-A IPC and Motor Vehicles Act.

6 Sep 2018

The present criminal revision was filed by the complainant, Ashok Tarachand Ramteke, challenging the order of the Sessions Judge, Wardha, who discharg...

High Court

Bombay High Court Quashes FIR Against Doctor in SC/ST Act Case — Allegations of Caste-Based Insult Found Baseless as Incident Occurred in Private Hospital Cabin, Not in Public View. Court holds that for an offence under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the insult must be in a place within public view, and mere use of caste name without intent to insult does not attract the Act.

2 Mar 2017

The applicant, Dr. Shivanand Shivraj Biradar, the Medical Superintendent of a Rural Hospital in Murud, Latur, filed a criminal application under Secti...

High Court

High Court of Bombay at Nagpur Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence and Lack of Proof of Income. The Court held that the deceased's contributory negligence must be considered and notional income should be assessed at Rs.3,000 per month under the Motor Vehicles Act, 1988.

16 Dec 2016

The case arises from a motor accident claim petition filed by the legal heirs of Raju Waghmare, who died in a collision between two motorcycles on 6 M...

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