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279 IPC

(Querist) 04 July 2011 This query is : Resolved 
sir i had a matter pertaining to 279, where rashness is not there.a stopped vehicle suddenly slided back and fell off from the road.only simple injuries to the passengers. MVI stated that there were no brake oil in the master cylinder. now i need latest sc decision on the same and some other case citation for this. i hope u all will support your junior fellow.
Thanking you
Meg Nath Sharma
Ajay Bansal (Expert) 05 July 2011
No offence u/s 279 is made out. No need of even anu S.C. judgement.
Guest (Expert) 05 July 2011
Rashness in driving and failure of break due to lack of break oil are two different things.
pawan sharma (Expert) 11 July 2011
Yes, this is not a case of rashness in driving, no offence u/s278 being arise.


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