Search Results for "Victim Negligence Defence"

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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Bombay High Court Modifies Conviction from Section 376(2)(f) to Section 376(1) IPC in Rape of Minor Case — Sentence Reduced to Period Already Served. Victim's Age Above 12 Years Makes Section 376(2)(f) Inapplicable, Minimum Sentence Provision Not Attracted.

The appellant, Shahanawaj Shamsuddin Bhadgaonkar, was convicted by the Adhoc District Judge-2 and Additional Sessions Judge, Kalyan, in Sessions Case ...

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Municipal Corporation of Greater Mumbai Challenges Human Rights Commission's Order in Road Accident Case -- High Court Quashes Commission's Recommendations as Exceeding Jurisdiction Under Protection of Human Rights Act

The Municipal Corporation of Greater Mumbai filed a writ petition challenging the order of Maharashtra State Human Rights Commission dated 19/1/2018 i...

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Madras High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 6 of POCSO Act Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, P. Prakash, was convicted by the Sessions Judge, Fast Track Mahila Court, Dharmapuri, under Section 6 of the Protection of Children fro...

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High Court of Karnataka Allows Appeal in Motor Accident Claim — Dog on Road Constitutes 'Act of God' Not Negligence. Claimant's Wife Died After Motorcycle Fell Due to Sudden Appearance of Dog; Tribunal Erred in Holding Claimant as Owner of Borrowed Vehicle Under Section 163A of Motor Vehicles Act, 1988.

The appellant, Shri Vithal, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988, seeking compensation for the death of his wife ...

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High Court Acquits Accused in Rash Driving Case Due to Inconsistent Evidence and Absence of Credible Witnesses. Conviction under Sections 279, 337, 304A IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The revision petitioner, Satish Ganapati Gunagi, was convicted by the JMFC, Ankola in C.C. No. 62/2007 for offences under Sections 279 (rash driving),...

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Bombay High Court Awards Compensation to Widow and Children for Death of Patient in Mental Hospital Due to Negligence. State Held Vicariously Liable for Failure to Provide Adequate Staff and Security at Yerwada Mental Hospital.

The petitioners, the widow and two children of a deceased man, filed a writ petition seeking compensation from the State of Maharashtra and its office...