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1 - 10 of 25 (0.45 seconds)The Indian Penal Code, 1860
Section 34 in The Indian Penal Code, 1860 [Entire Act]
The Consumer Protection Act, 1986
Krishnan And Anr vs State Of Kerala on 2 September, 1996
Incidentally, it may be noted that in
Krishnan and Anr. v. State of Kerala (1996) 10 SCC 508 the Court
has observed that there may be a case where the proved facts would
themselves speak of sharing of common intention and while making
such observation one of the learned judges constituting the Bench has
in his concurring opinion merely stated "res ipsa loquitur'. Nowhere it
has been stated that the rule has applicability in a criminal case and an
inference as to an essential ingredient of an offence can be found
proved by resorting to the said rule. In our opinion, a case under
Section 304A IPC cannot be decided solely by applying the rule of res
ipsa loquitur.
Kurban Hussein Mohamedalli Rangawalla vs The State Of Maharashtra on 15 December, 1964
In Kurban Hussein Mohamedalli Rangawalla v.
State of Maharashtra (1965) 2 SCR 622, while dealing with Section
304A of IPC, the following statement of law by Sir Lawrence Jenkins in
Emperor v. Omkar Rampratap 4 Bom LR 679, was cited with
approval:-
Emperor vs Shivdas Omkar Marwadi on 15 November, 1912
In Kurban Hussein Mohamedalli Rangawalla v.
State of Maharashtra (1965) 2 SCR 622, while dealing with Section
304A of IPC, the following statement of law by Sir Lawrence Jenkins in
Emperor v. Omkar Rampratap 4 Bom LR 679, was cited with
approval:-
S. Mehar Chand Krishan Kumar vs The State Of Haryana on 26 November, 1970
K.N. Wanchoo, J. (as he then was), speaking for the Court,
observed that the abovesaid view of the law has been generally
followed by High Courts in India and was the correct view to take of
the meaning of Section 304A. The same view has been reiterated in
Kishan Chand & Anr. v. The State of Haryana (1970) 3 SCC 904.
Juggankhan vs State Of Madhya Pradesh on 10 August, 1964
In Juggankhan v. The State of Madhya Pradesh (1965) 1
SCR 14, the accused, a registered Homoeopath, administered 24 drops
of stramonium and a leaf of dhatura to the patient suffering from
guinea worm. The accused had not studied the effect of such
substances being administered to a human being. The poisonous
contents of the leaf of dhatura, were not satisfactorily established by
the prosecution. This Court exonerated the accused of the charge
under Section 302 IPC. However, on a finding that stramonium and
dhatura leaves are poisonous and in no system of medicine, except
perhaps Ayurvedic system, the dhatura leaf is given as cure for guinea
worm, the act of the accused who prescribed poisonous material
without studying their probable effect was held to be a rash and
negligent act. It would be seen that the profession of a Homoeopath
which the accused claimed to profess did not permit use of the
substance administered to the patient. The accused had no knowledge
of the effect of such substance being administered and yet he did so.
In this background, the inference of the accused being guilty of rash
and negligent act was drawn against him. In our opinion, the principle
which emerges is that a doctor who administers a medicine known to
or used in a particular branch of medical profession impliedly declares
that he has knowledge of that branch of science and if he does not, in
fact, possess that knowledge, he is prima facie acting with rashness or
negligence.
Laxman Balkrishna Joshi vs Trimbak Bapu Godbole And Anr on 2 May, 1968
Dr. Laxman Balkrishna Joshi's case (supra)
was followed.