...character. 3. There is a judgment of the Madras Court--Nidamarti Nagabhushanam (7 Mad. H.C.R., 119)--in which Mr. Justice Holloway explains the use of the words 'rashness' and..., set aside the conviction under Section 304A. 6. The facts set out above appear to us to require that the accused should be convicted under Section 304. 7. In...

...prudent and reasonable man would not do. Again as explained in Nidamarti Negaghu-shanam's case 7 Mad. H.C.R. 119, a culpable rashness is acting with the consciousness that the mischievous and illegal...straight one and there was no question of any difficulty about visibility. 7. The prosecution has tried to establish that the Appellant was driving his car at a very high speed. P. W. 2...

...." (In re, Nidamarti Nagabhushanam 7 Mad H.C.R. 119). The accused could be charged alternatively for rashness or negligence. 12. The result is ...record for the conviction of the accused. 7. Shri J.P. Gupta has urged that the manner in which the plea of guilty was recorded in this casa was not sufficient to form the basis of a...

...consciousness. The imputability arises from the negligence of the civic duty of circumspection.” (See In re: Nidamorti Nagabhusanam, 7 Mad. H.C.R 119).14. Similarly in the case of Mahadev...and extent of the words “intention”, “knowledge”, “rashness” and “negligence”.7. Intention is doing of an act with the aim of achieving a particular purpose, or end, or consequence...injury or knowledge that it would probably be caused.7. As noted above, “Rashness” consists in hazarding a dangerous or wanton act with the knowledge that it is so, and that it may cause...

...by reference to community valuations. 13a. The Indian Law is the same; In re Nidamarti Nagabhushanam, 7 Mad H.C.R. 119; Empress of India v. Idu Beg, ILR 3 All, 776...the driver of the bus whom he did not notice swerved the bus to the west and the bus dashed against a tree and a wall. 7. The learned Magistrate found that this darting of the child...

...the negligence of the civic duty of circumspection.” (See In re: Nidamorti Nagabhusanam 7 Mad. H.C.R 119)11. The submission that PW5 has stated the bus being driven at...the State and perused the record.7. It is seen from the perusal of the record that the scooter was seized from the spot in accidental condition. Then, as per the owner of the bus (PW8), it..., the Supreme Court observed thus:“7…. Rashness” consists in hazarding a dangerous or wanton act with the knowledge that it is so, and that it may cause injury. The criminality lies in such...

...duty of circumspection.” (See In re: Nidamorti Nagabhusanam 7 Mad. H.C.R 119).”16. In view of the discussion above, I find that the evidence produced by the prosecution is intensively....7. The above-said authorities have no application to the facts of the present case. It must be borne in mind that mere mentioning of wrong bus number does not absolve the respondent of the...:—“7. As noted above, “Rashness” consists in hazarding a dangerous or wanton act with the knowledge that it is so and that it may cause injury. The criminality lies in such a case in running the risk...

...the consciousness. The imputability arises from the negligence of the civic duty of Circumspection." (See h In re : Nidamorti Nagabhusanam 7 Mad. H.C.R. 119)" ...through the records of the case carefully. P 7. It would be noticed that the specific defen . ce of the petitioner is that at the relevant time he was d... 7 there must be a direct nexus between the death of a perso . n and the rash or negligent act...

...would not do. Again as explained in Nidamarti Negaghushanam's case [7 Mad. H.C.R 119], a culpable rashness is acting with the consciousness that the mischievous and illegal consequences...imputability arises from the neglect of the civic duty of circumspection.” (See Nidamarti Nagabhushanam, In re [7 Mad HCR 119], Mad HCR pp. 119-20.]17. In the case on hand, from the oral an..., Learned Additional Government Pleader appearing for the appellant - State and Sri. S. Balan, Learned Counsel appearing for the respondent-accused.7. Sri. B. Balakrishna, would submit as...

...." (See In re : Nidamorti Nagabhusanam 7 Mad. H.C.R. 119)" 24. Thus, the mere proof of accident in itself is not sufficient...Appellate Courts to follow well established norms while dealing with appeals from acquittal by the trial court. The Court observed as under: "7. It is well established that...those which it has in dealing with an appeal against 7 conviction, in dealing with the former class of appeals, its...

...explained in Nidamarti Negaghushanam's case, [7 Mad. H.C.R 119], a culpable rashness is acting with the consciousness that the mischievous and illegal consequences may follow, but with the...upon him, and that if he had he would have had the consciousness. The imputability arises from the neglect of the civic duty of circumspection.” (See Nidamarti Nagabhushanam, In re, (7 Mad HCR 119...), Mad HCR pp. 119-20)).29. In the case on hand, from the oral and documentary evidence it is clearly established that the accused as driver of the KSRTC bus, while proceeding from East to...

...circumspection.” (See In re: Nidamorti Nagabhusanam 7 Mad. H.C.R 119).63. Similarly in the case of Mahadev Prasad Kaushik (supra) the Supreme Court has dealt with the distinction between these...Vastrapur Police StationAhmedabad.”7. It appears that the injured namely Hiral Thummar succumbed to the injuries on 23rd September 2013 and passed away during the...due to which the boy and girl riding on the motor-cycle got flunged in the air upto 6 - 7 feet and fell on the bonnet of the Land Cruiser vehicle. Thereby, it gets proved that the vehicle of the...

...Nidamarti Nagabhushanam's case. (1872) 7 Mad H.C.R. 119 a culpable rashness is acting with the consciousness that the mischievous and illegal Crl. A. Nos.794,846,830/2007...by memo PW.56/C dated 31-7-1997) a description of the tokens issued for the show; they mention issuance of 18 tokens at 3-30 PM. The seizure memo dated 7-7-1997, Ex. PW-78/C corroborates this.... (7) The Printing Press noticed in 1983 had been removed as far back as in 1988 and did not find mention in the subsequent inspection of 1994 and two inspections in 1996...

...judgment of the High Court is reported as A.L.A Firm v. Commissioner Of Income-Tax, Madras. (1976) 102 ITR 622 (Mad...G.R Ramachari & Co. v. CIT (1961) 41 ITR 142 (Mad). He called for the basis for the valuation and also for the assessee's objections. The..., cannot therefore be of any assistance to the assessee in answering the issues in this case. We, therefore, do not answer the third question by the Tribunal.7. Turning now...

...9-11-2017 2017 SCC OnLine Mad 35499 passed by the...payment from the buyer, due to which the appellants had to pay the respondent a sum of Rs 11.20 lakhs. To that end, Appellant 2 issued a cheque on behalf of Appellant1 bearing No. 897993 dated 7-11-2000 in...undertaking dated 7-11-2000, whereunder, the 2nd appellant had acknowledged the liability towards the respondent. One P.S. Shanmugham (PW 2), who was working as Manager in State Bank of India, Tiruppur...

...will lie. 6. In Sami v. Somasundram I.L.R. 6 Mad. 119, Periandi v. Angappa I.L.R. 7 Mad. 423 and...previous decisions of this Court in Sami v. Somasundaram I.L.R. 6 Mad. 119, Periandi v. Angappa I.L.R. 7 Mad. 423, Unnian v. Rama...decisions of this Court in Sami v. Somasundram I.L.R. 6 Mad. 119, Periandi v. Angappa I.L.R. 7 Mad. 423, Karuthasami v...

...Division Bench of this court in the case of CIT v. Dharmendra Sharma, [2008] 297 ITR 320.7. Despite the aforesaid judgments, the...was passed by the Supreme Court on March 7, 2007, wherein it observed as follows:“Delay condoned.In the present case, we are concerned with the law as it stood prior to.... by a judgment dated August 18, 2008, passed in Tax Case (A) No. 1192 of 2008 [2009] 313 ITR 144 (Mad) discussed the impact of both the dismissal of the special leave petition in the...

...v. Nataraja Thambiran, (1910) 33 Mad 265 : 5 IC 4 : 7 MLT 119 : 19 MLJ 778...Madras High Court, of Kailasam Pillai v. Nataraja Thambiran, (1910) 33 Mad 265 : 5 IC 4 : 7 MLT...predecessors Papaya v. Ramana, (1884) 7 Mad 85. Jamal v. Murgeya, (1886) 10 Bom 34 Madho v. Tekait Ramm, (1883) 9 Cal 411 and it is equally clear that time runs...

.... Bamanujachariar ([1923] I.L.R. 47 Mad. 288), Manmothanoth Ghose v. Lachmi Devi ([1927] I.L.R. 55 Cal. 96), Nirode Kali Boy v. Harendra Nath (I.L.R. [1938] 1 Cal. 280), and 119...mortgage dated 14-12- 1911, executed by A, which comprised. lands belonging to the mortgagor and also a mortgage executed by the respondents in his favour on 19-7-1909. The appellant instituted a suit in...but did not appear. The suit was decreed ex parte, and in execution of the decree, the properties of the respondents, mortgaged to A on 19-7-1909, were brought to sale, and purchased by the decree...

...the decisions of the High Court in Sami v. Somasundaram I.L.R., 6 Mad., 119, Periandi v. Angappa I.L.R., 7 Mad., 423 and...been held by this Court in Sami v. Somasundram I.L.R., 6 Mad., 119, Periandi v. Angappa I.L.R., 7 Mad., 423 and...Karuthasami v. Jaganatha I.L.R., 8 Mad., 478. It is contended for appellant that respondent's right to redeem became extinct when the former decree ceased to be enforceable, and...