Res ipsa is only a means of estimating logical probability from the circumstances of the accident. It means that the circumstances are, so to speak, eloquent of the negligence of somebody who brought about the state of things which is complained of”. Regulations defining duties, conduct and conditions of its employees framed by statutory bodies have the force of law. The form and content of contract with a particular employee being prescriptive and statutory, the statutory bodies have no free hand in framing the terms and conditions of service to their employees, but are bound to apply them as laid down in the regulations.
The appellant swerved the vehicle towards the extreme right side of the road. In spite of it, the child was hit and died on the spot. A complaint was lodged by the Patel of the village, Gunde Gowda, at Hariyabbe Police Station. The Station House Officer after registering a case, reached the spot and sent the dead body of the child for post-mortem examination, and recorded the statements of witnesses, including some of the passengers in the bus. R.S Sarkaria, J.— By a short order we had allowed this appeal by special leave directed against a judgment, dated March 22, 1978, of the High Court of Karnataka, and acquitted the appellant.
The judgment acknowledged the #Metoo movement for allowing women to speak up against sexual harassment and captured a bird’s eye view of the body of laws on sexual harassment and violence against women. What makes this judgment revolutionary is that the judge showed much-required empathy for the victims of sexual harassment by acknowledging that the offense of sexual harassment and sexual abuse is almost always committed behind closed doors. Sometimes, the victims themselves do not understand what is happening to them is wrong. The Court pointed out that despite how well respected some persons are in society, they could still show extreme cruelty to the females in their personal lives. The key to Akbar V’s weight loss story is the fact that the celebrity considered undergoing a surgery.
The Court acknowledged that when these instances of sexual harassment and misconduct had taken place, there were no Vishaka Guidelines or PoSH Act to protect the women. Hence, it is only justified that such women voice their grievances at any platform even decades after the incident. There have cfa level 1 hacks been two watershed moments in the history of women’s rights for equality and dignity at the workplace. The first one was when Bhanwari Devi showed immense courage by pursuing legal remedies against her rapists, who had done everything humanly possible to dissuade her from doing her job.
This verdict would have been even more robust had the Learned Judge held back the unnecessary reference to patronising religious scriptures, and in its place indicted the ill-conceived and malicious resort to SLAPP. This judgement in Priya Ramani’s case has given occasion to a much-needed conversation about Anti-SLAPP laws in India. SLAPP and especially retaliatory defamation lawsuits have become a tool to silence and suppress, and to cast a wider chilling effect. Such vicious litigation attacks the basic right to freedom of speech and expression. As a New York Supreme Court Judge notably said regarding SLAPP, “Short of a gun to the head, a greater threat to First Amendment expression can scarcely be imagined”. Some analysts doubt Bugti’s killing would have been sanctioned as a matter of policy.
According to the eyewitnesses, excepting one, the accused blew the horn, also. But the child was caught under the left front wheel of the vehicle and was crushed to death. Ramakrishnappa that if the appellant had taken the bus beyond the point where the child was hit, the bus would have fallen into the deep ditch, along with the passengers. Appellant did not testify, nor did he present any evidence at trial. From our examination of the record, we conclude that the evidence at trial established that if guilty at all, appellant was guilty of the charged offense of attempted murder or the lesser included offense of aggravated assault. No error is shown in the trial court’s refusal to charge on the lesser included offense of simple assault.