...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...

...that one Gosai (1) (1872) 7 Mad. H.C.R. 25. (2) (1877) 2 I.L.R. Bom. 67. Ramji induced the parents of the defendant Prabhu Hari to...we shall refer to as Chandrappa, and the third a purchaser of the interest of some of the reversioners, viz., defendants 4, 5 and 7. According to the plaint the three plaintiffs were thus entitled to a...or the defendants 4, 5, 6 and 7 were his reversioners. The main defence however was that even if the properties did belong to Chandrappa, the defendant's father Nagayya became entitled to these as...

...Chinnasawmi Iyengar v. Gopalchary ('71-74) 7 Mad. H.C.R. 392. 1 Those cases are authority for the proposition that if limitation has once run Out, no subsequent legislation can have the...Tej Bahadur v. Radha Kishan Gopi Kishan 23 A.I.R. 1936 Al. 858. The point before us is, however, of an entirely different character. 7. The lear...

...." (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...

...after the decision in Re Noujan (1874) 7 Mad. H.C.R. 375, where it was held that "Section 454 (now 235) taken with its illustrations forbids two punishments for an offence so compounded...that this easel falls within the rule laid down in Subrahmania Ayyar v. King-Emperor (1901) I.L.R. 25 Mad. 61. The case...he commits two different offences within the meaning of Section 239 and he can be separately punished for those offences. 7. The most that can be said in a case of this kind, when the...

...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...

...decisions in Anan [1872] 7 Mad. H.C.R. App. 1, and Re Manohar G. Tambegar [1879] 4 Bom. 26, may perhaps point to the opposite conclusion. The policy of the legislature is obvious. The substance of the matter...All. 11. This is corroborated by the provisions of Order 7 of the Code of Civil Procedure, 1908. Rule 1 requires that the plaint shall, in addition to other particulars...insufficiently stamped, if the plaintiff has failed to supply the requisite stamp paper within a time to be fixed by the Court. 7. The Assistant Government Pleader urges that if the expression...

... Mad.H.C.R. 296 and Guduri Jagannadham Vs. Rupaka Ramanna case reported in 7 Mad. H.C.R. 348 held...the defendants two documents were marked viz., Ex.D.1 and Ex.D.2 and another document Ex.X.1 was marked in evidence. 7. The learned trial judge on the basis of evidence...been entered into. Further more it is not in dispute that the finger print as well as the signatures found on Ex.A12 are that of the defendants. Therefore, the 7...

...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...

...are of the nature of jura singularia' which, even in their own sphere, are not to be extended by mere inference Comyn's Dig., Parlt. (R.7) -Somu Gurukkal v. Rangammal 7 Mad. H.C.R. at...impartible zamindari it has lately been held at Madras - The Sivagiri Zamindar v. Tiruvengada I.L.R. 7 Mad. 339-that a compromise embodied in...fraud, he must have it no less in a suit in which he is defendant. In the case of the zamindar of Sivgiri v. Armachala I.L.R. 7 Mad. at p. 335 the High Court of Madras says: "His(the zamindar's) argument...

...." (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...

...M. and W., 553; Vencataramanier v. ???, 7 Mad. H.C.R, 298. The parties here are Hindus, Hindu law no demand is necessary—Colebrooke's Diges chap. 5, section 166, pl. 2; nor can the amount of.... Fattesing Nathubhai, 10 Bom. H.C.R, 487, it was held that a debt barred under Act XIV of 1859 can be sued for after the repeal of that Act, and is governed by the provisions...case of Gunga Gobind Mundul v. The Collector of 24-Pergunnahs, 11 Moore, 845; 7 W.R, 12 P.C]Evans:— That case merely decides that, if a lessee neglects to bring a...

...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...account of that, the driver could not control the vehicle, as such, it was the negligence on the part of the driver of the car, which was responsible for the accident.7. Upon service of...

...explained in Nidamarti Negaghushanam's case, [7 Mad. H.C.R 1191, a culpable rashness is acting with the consciousness that the mischievous and illegal consequences may follow, but with...incumbent 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...investigation was taken-up. During investigation, the statements of the injured witnesses were recorded, the dead bodies were subjected to post-mortem examination, the ill-fated vehicle was examined by P.W 7-S...

...an adopted son succeeding at all. See remarks of Pundit, J., in Morun Moee Debeah's case, W.R Sp. No. p. 124; and Chinnarama Kristna Ayyar v. Minachi Ammal, 7 Mad. H.C.R, 245...is not touched by any one of them. The cases of Morun Moee v. Beejoy Kisto, W.R, Special No. 121, and Ram Chinnara Kristna Ayyar v. Minatchi Ammal, 7 Mad. H.C.R, 245...other side to show that the doctrine of the Privy Council may be extended to succession ex parte maternâ.The case referred to in 7 Mad. H.C Reports shows that an adopted son cannot...