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1 - 6 of 6 (0.22 seconds)Minor Veeran And Anr. vs T.V. Krishnamoorthy And Anr. on 18 October, 1965
(6) In order to truly adjudge the subject matter in controversy it would be better to refer to these particular cases and to have in the first instance before myself the law as appreciated by the Kerala High Court The case cited by Mr. Malhotra is (Minor Veeran and another v T V. Krishanamoorty and another). That is a remarkable case. The learned author of the judgment, Hon'ble Justice M. Madhivan Nair, took special pains in arriving at his conclusion and looked through the law laid down at various times in the English cases. Before noticing the case law, he noticed in paragraph 5 of that judgment the definition of "negligence" as given by Winfield. That definition deserves to be reproduced here:- "THE breach of legal duty to take care which results in damage undesired by the defendant, to the plaintiff."
Section 304A in The Indian Penal Code, 1860 [Entire Act]
Arumugham Pillai vs Gnanasoundara Pandian And Anr. on 21 September, 1961
(14) It would be appropriate if the case cited by Mr. Malhotra while he was replying to the arguments of his opponent i. e. Air 1963 Madras 162(Arumugham Ptllai v. Gnanasoundara Pandian and anothers") is also noticed in this very sequence. This citation tries to pin point the difference between civil negligence and the one which is punishable as criminal negligence in the course of prosecution for offences under the Indian Penal Code. The definition of negligence contained in Halsbury's Laws of England, 3rd Edition Vol. 2.8, paragraph I noticed in the foregoing case is as under :- "NEGLIGENCE is a specific tort and in any given circumstances is the failure to exercise that care which the circumstances demand. What amounts to negligence depends on the facts of each particular case and the categories of negligence are never closed. It may consist in omitting to do something which ought to be done, or in doing something which ought to be done either in a different manner or nto at all. Where "there is no duty to exercise care, negligence in the popular sense has no legal consequence. there there is a duty to exercise care, reasonable care must be taken to avoid acts or commissions which can be reasonably foreseen to be likely to cause physical injury to persons or property. The degree of care required in the particular case depends on the accompanying circumstances and may vary according to the amount of the risk;o be encountered and to the magnitude of the prospective injury "
Section 279 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
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