negligence Archives

Duty of police to produce imprisoned accused before Court; accused cannot be blamed for negligence by police: Supreme Court

Supreme Court noted that the bail application was rejected as the accused did not appear before the Trial Court.

Workman’s absence from work due to ill health, though unauthorized but not willful or by negligence; Telangana High Court sets aside order of removal

“The respondents were directed to count the service of the workman from the date of removal till his death with all attendant benefits payable to the petitioner but without back wages.”

Case Briefs High Courts

Principle of res ipsa loquitur in stricto sensu shall not apply to cases falling under Section 304-A of Penal Code, 1860: Uttaranchal High Court

“The res ipsa loquitur is applicable in a civil action under the tort and the same cannot be pressed into service in a criminal case to prove negligence.”

Case Briefs High Courts

Bombay High Court upholds acquittal of a driver being accused of negligent driving and death of a bicycle driver for lack of evidence

Strange state of affairs; Neither investigating authority prepared rough map nor Trial Court took pain in recording correct directions for want of evidence

Case Briefs High Courts

Bursting of the tyre is not an ‘Act of God’; Bombay High Court refuses to exonerate the insurance company from paying compensation

Bombay High Court observed that the dictionary meaning of “act of god” is “an instance of uncontrollable natural forces in operation” I.e., a severe, unanticipated natural event for which no human is responsible.

Case Briefs High Courts

“Total negligence and lapse on part of the jail authorities in providing medical treatment”; Bombay High Court awards compensation to family for death in custody

Bombay High Court directed the State of Maharashtra to pay compensation of Rs 10 lakhs to the petitioners and left the State at liberty to recover the same from officers at fault.

Case Briefs High Courts

Signboard of Bank of Baroda falling on the head of a passerby resulting in his death is negligence by the bank; Delhi High Court directs compensation to the deceased

A signboard coming off the façade of the building was a foreseeable event given the fact that Delhi experiences high-velocity winds, in May, each year.

Case Briefs High Courts

[Levana Suites Fire Case] Knowledge of an accused that his act would likely cause death is necessary to attract S. 304, IPC; Allahabad High Court grants bail in absence thereof

Allahabad High Court: In an application filed under Section 439, Criminal Procedure Code seeking bail in FIR No. 317 of 2022, registered

Case Briefs High Courts

A 5-year-old girl lost both her arms by coming in contact with electrical overhead lines; Manipur High Court orders MSPDCL to pay compensation of Rs. 10,00,000 for being negligent in maintaining safety standards

Manipur High Court: While deciding a case, wherein a five-year old girl came in contact with an electrical overhead line

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC | Why Uber India was held liable for the cab driver whose negligence caused the complainant to miss her flight to Chennai?

Additional District Consumer Disputes Redressal Commission, Thane: In a significant decision delivered in August over a complaint alleging deficiency of

Case Briefs High Courts

Bombay HC |A bonafide train passenger being forced to walk on the railway tracks due to absence of overbridge cannot be said as ‘negligent’

A person who comes from a village looking for a job, boards a passenger train holding a valid journey ticket, alights from the train and is trying to exit the Railway Station in the absence of overbridge being forced to walk along the tracks and gets hit by another train and dies, cannot be said to be intentionally careless or negligent.

Case Briefs High Courts

Delhi High Court| Negligence of counsel not a reasonable ground within Order XI Rule 1(5) CPC; Facts of the case must disclose ‘urgency’ to avail benefit under Or. XI R. 1(4) CPC

Delhi High Court: In a case filed by the petitioner challenging dismissal order in relation to an application filed seeking

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Hospitals are vicariously liable for the acts of negligence committed by their doctors”; NCDRC grants compensation of Rs 1 crore to the parents who lost their only child in a corrective surgery for squint eye

Human life is most precious; therefore, it is extremely difficult to decide on the quantum of compensation in medical negligence cases, it is highly subjective in nature.

Case Briefs High Courts

Unfortunate death of 7-year-old girl by collapse of newly constructed kitchen wall in school; Orissa High Court directs compensation to the family of the deceased

Orissa High Court: In a case where a father (‘petitioner') is seeking compensation on the death of his seven-year-old daughter,

Case Briefs High Courts

Findings of Trial Court based on surmise and conjecture, opposed to any reason, rationality, principles of evidence and natural justice; Calcutta High Court acquits in matter of 304 IPC

Calcutta High Court: Sugato Majumdar, J. allowed a criminal appeal which was assailed against the judgment and order of Additional Sessions Judge

Case Briefs High Courts

‘Allowed to die as an orphan without any efforts taken for identifying his name, address, wife and children’; Madras High Court directs compensation to the family

Madras High Court– G Chandrasekharan, J. ordered further investigation into the case where a man died under suspicious circumstances and alleged negligence

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Negligence per se may be declared when …”: NCDRC explains in medical negligence case while awarding Rs 25 lakh compensation plus interest

National Consumer Disputes Redressal Commission, New Delhi (NCDRC): While addressing a medical negligence case, the Coram of Dr S.M. Kantikar (Presiding Member)