Search Results for "section 304-A"

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Search Results for "section 304-A"

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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 Upholds Bail Order for Juvenile in Fatal Accident Case While Criticizing Enforcement Agencies for Public Pressure Influence. Bail Granted Under Section 12(1) of Juvenile Justice (Care and Protection of Children) Act, 2015 with Conditions Including Study of Traffic Rules and Counseling, Despite Allegations of Rash Driving Under Influence.

25 Jun 2024

The judgment arose from a writ petition concerning a juvenile, referred to as Master X or CCL (child in conflict with law), involved in a fatal accide...

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...

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

High Court of Karnataka Grants Bail to Accused in Culpable Homicide Case Due to Lack of Prima Facie Evidence of Intent. Wall Collapse Incident Leads to Death and Injuries; Court Holds Offences May Fall Under Section 304A IPC, Not Section 304 IPC.

4 Jun 2019

The petitioners, accused Nos.2 and 3, filed separate criminal petitions under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail ...

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

High Court of Bombay at Nagpur Bench Acquits Accused in Rash Driving Case Due to Lack of Evidence of Rashness or Negligence. Conviction under Sections 279 and 304A IPC set aside as prosecution failed to prove that the bus driver was driving rashly or negligently at the time of accident.

20 Dec 2018

The case pertains to a criminal revision application filed by Deepak s/o Motiramji Bhoge, a driver employed with M.S.R.T.C., challenging his convictio...

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

Bombay High Court Dismisses Petition Challenging Forfeiture of Remission for Prisoner Who Escaped from Open Prison. Rule 22(i) of Maharashtra Prisons (Remission System) Rules, 1962 held not violative of Article 14 as it applies uniformly to all prisoners who escape or attempt to escape.

8 Apr 2014

The petitioner, Shalik Maruti Kowe, was convicted for murder under Section 302 of the Indian Penal Code on 23 June 1997 and sentenced to life imprison...

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