...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 that the...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)" i24g.Thus...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 and..., 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 as the...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...

...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. CIT (1976) 102 ITR 622 (Mad).2. The appellant-assessee is a...(1961) 41 ITR 142 (Mad). He called for the basis for the valuation and also for the assessee's objections. The assessee sent a reply stating that no profit or loss could be.... We, therefore, do not answer the third question by the Tribunal.7. Turning now to the first question, the relevant facts have already been noticed. The following relevant...

...2017 SCC OnLine Mad 35499 passed by the High Court of Judicature at Madras, whereby the order of acquittal of the Judicial Magistrate, Tiruppur.... To that end, Appellant 2 issued a cheque on behalf of Appellant1 bearing No. 897993 dated 7-11-2000 in favour of the respondent and also executed a deed of undertaking on the same day wherein...appellants from the foreign buyer. However, when recalled on a later date, the respondent produced the deed of undertaking dated 7-11-2000, whereunder, the 2nd appellant had acknowledged the liability...

...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...

...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 the...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-holder...decree in question did not direct a sale of the mortgaged properties but a sale of the mort- gagee's rights under the mortgage deed dated 19-7-1909 and as such the sale of the properties was void. The...

.... 7 Mad. 434; Bank of India v. John Bowman and Ors., A.I.R. 1955 Bom. 305, Beil v. The Municipal Commissioners for the City of Madras, (1902.... (1) [1886] I.L.R. 7 Mad. 434. (2) A.I.R. 1955 Bom. 305. 299 In Kaka Mohamed...the same preference over (1) [1963] 49 I.T.R. 824. (2) [1884] I.L.R. 7 mad. 434. 300...

...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...

...Timmayya v. Lakskmanan, 7 Mad. 215, decided in December 1883. A obtained a decree for possession of land against B and (or costs against B.C.D and others, defendants in the suit. C and...cases cited before them which included Timmayya v. Lakshmana, 7 Mad. 215 and of the arguments on both Bides, the learned Judges held..., Timmayya v. Lakshmana, 7 Mad. 215 and Kulaikada Pillai v. Vishwanatha Pillai, 28 Mad. 229 : (15 M.L.J 215), the...