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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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Supreme Court Upholds Compensation Award in Medical Negligence Case Under Consumer Protection Act, 1986. The Court found deficiency in service due to inadequate post-operative monitoring and delayed intervention in treating a patient with aortic aneurysm, leading to death and warranting compensation.

The dispute arose from a complaint filed by the legal heirs of a deceased patient, Dinesh Jaiswal, against Bombay Hospital & Medical Research Centre a...

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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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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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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.

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

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Supreme Court Awards Compensation to Victims of Meerut Fire Tragedy Due to State and Organizer Negligence. State and Organizers Held Jointly and Severally Liable for Deaths and Injuries from Fire at Victoria Park Exhibition Due to Failure to Obtain Permissions and Ensure Fire Safety.

The Supreme Court dealt with a writ petition filed by victims of a fire tragedy that occurred on April 10, 2006, at Victoria Park, Meerut, during the ...

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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 for Medical Negligence in Municipal Hospital - Extravasation Injury Leads to Loss of Fingers. Hospital Staff's Failure to Monitor IV Line Constitutes Negligence, Municipal Corporation Held Vicariously Liable.

The petitioner, Umakant Kisan Mane, was admitted to Rajawadi Municipal Hospital on 1st October 2002 following a convulsion. An intravenous line was st...

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Bombay High Court Upholds Dismissal of Bus Driver in Fatal Accident Case — Concurrent Findings of Misconduct Not Interfered With. Petitioner failed to maintain safe distance causing three deaths; Labour Court and Industrial Court concurrently upheld dismissal as proportionate punishment.

The petitioner, Syed Mumtaz Syed Moosa, was employed as a driver with the Maharashtra State Road Transport Corporation (respondent) since 1984. On 9th...