AI Overview...
-
Engineers Negligence - Multiple cases highlight that negligence by engineers can lead to legal, contractual, and safety issues. In some instances, negligence was cited as a cause of accidents or damages, prompting notices, disciplinary actions, or court proceedings Wadia Techno-Engineering Services Limited vs National Highways Authority of India - Delhi, T. Moosa VS Sub-Inspector of Police - Kerala, Md. Nasim Ather VS Tenughat Vidyut Nigam Ltd. - Jharkhand, C.KUMAR vs THE CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY(CMD - Madras.
-
Criminal Liability and Court Findings - Courts have distinguished between mere carelessness and criminal negligence under IPC Sections 279 and 304A. Several cases, such as those involving site engineers and construction agencies, resulted in quashing of criminal charges due to insufficient evidence of rashness or direct responsibility DHANABAL P v/s STATE OF KARNATAKA - Karnataka, ANNIE THOMAS Vs STATE OF KERALA - Kerala, Chetan Bhatnagar VS State Of Haryana - Punjab and Haryana.
-
Responsibility and Accountability - Courts emphasize that engineers and authorities have a duty to prevent negligence. They are liable for damages or safety lapses if found negligent, and disciplinary or remedial actions are mandated, including removal of unauthorized constructions and disciplinary proceedings against responsible officials COL DEVINDER SHERAWAT VS DEPUTY COMMISSIONER SDMC - Delhi, Gajanand Sharma VS State - Rajasthan, C.KUMAR vs THE CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY(CMD - Madras.
-
Specific Cases of Negligence - In construction and infrastructure projects, negligence of engineers has led to accidents, financial losses, or safety hazards. Courts have ordered investigations, assessments of responsibility, and disciplinary actions against negligent officials Md. Nasim Ather VS Tenughat Vidyut Nigam Ltd. - Jharkhand, C.KUMAR vs THE CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY(CMD - Madras.
-
Conclusion - While negligence by engineers can result in serious consequences, courts often require clear evidence of rashness or direct responsibility to establish criminal liability. Nonetheless, engineers are expected to perform their duties diligently, and failure to do so can lead to disciplinary, contractual, or civil liabilities. Proper oversight, timely inspections, and accountability are crucial in mitigating negligence risks Wadia Techno-Engineering Services Limited vs National Highways Authority of India - Delhi, T. Moosa VS Sub-Inspector of Police - Kerala, ANNIE THOMAS Vs STATE OF KERALA - Kerala.
References:
- Wadia Techno-Engineering Services Limited vs National Highways Authority of India - Delhi
- DHANABAL P v/s STATE OF KARNATAKA - Karnataka
- ANNIE THOMAS Vs STATE OF KERALA - Kerala
- T. Moosa VS Sub-Inspector of Police - Kerala
- COMMON CAUSE VS UNION OF INDIA - Consumer
- COL DEVINDER SHERAWAT VS DEPUTY COMMISSIONER SDMC - Delhi
- Md. Nasim Ather VS Tenughat Vidyut Nigam Ltd. - Jharkhand
- Gajanand Sharma VS State - Rajasthan
- C.KUMAR vs THE CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY(CMD - Madras
- Chetan Bhatnagar VS State Of Haryana - Punjab and Haryana
Search Results for "Engineers Negligence"
• India - Delhi High Court
NAVIN CHAWLA
The respondent issued notices citing negligence and failure to comply with contractual duties. ... (Paras 39, 42) ... ... Facts of the case: ... The petitioners, appointed as Independent Engineers ... (Paras 23, 31) ... ... (C) Responsibilities of Independent Engineers - Failure to appoint necessary ... The petitioner further informed the respondent that the accident occurred because of negligence of the construction agency and the Independent Engineer appointed at the time of the construction, as ....
2025 Supreme(Online)(KAR) 10603 • India - High Court of Karnataka
MR JUSTICE MOHAMMAD NAWAZ, J
(A) Indian Penal Code, 1860 - Sections 279 and 304(A) - Criminal proceedings challenged - Petitioners, site engineers, alleged negligence ... IPC - Reliance on precedents establishing that mere carelessness does not constitute criminal negligence. ... leading to fatal accident - Court found insufficient evidence of rashness or negligence to sustain charges under Section 304(A) ... Under the facts and circumstances of the case the degree of negligence or omission is the determining factor to call the act....
2017 Supreme(Online)(KER) 38274 • India - High Court of Kerala
B.KEMAL PASHA, J
Negligence - IPC - Section 304A - The court quashed proceedings against accused engineers due to lack of direct responsibility ... under the negligence provisions of the IPC. ... Final Decision: All further proceedings against the accused engineers were quashed. ... The 5th accused is the Assistant Executive Engineer and the 4th accused is the Assistant Engineer of the PWD. 3. ... Annexure A4 clause 202.8 describes the duties of the Assistant Executive Engineer. It ....
2005 0 Supreme(Ker) 763 • India - Kerala
R.BASANT, M.N.KRISHNAN, P.R.RAMAN
The water authority contended that the damage had been caused by the consultant engineers’ negligence and further alleged that as between the water authority and the consultant engineers the issue of negligence had been decided in the first action and was res judicata and that the consultant engineers ... The question was whether the consultant engineers were estopped from denying negligence and whether their defence should be struck out. ... ’ defence denying #HL_STA....
• India - Consumer
R.THAMARAJAKSHI, S.P.BAGLA, S.S.CHADHA, B.S.YADAV, V.BALAKRISHNA ERADI
Association - Affected passengers have legitimate grievance - Strike by Flight Engineers - Association was illegal - No negligence ... Plea is untenable in law - Respondent being Component of Air India has equal responsibility to discharge its duties without any negligence ... . can be said made out against Air India - Flight Engineers Association is responsible for hardship and loss to passengers. ... It is averred in the petition that for a period of about six weeks from February 27,1993, nearly 200 flights normally op....
2016 0 Supreme(Del) 3458 • India - Delhi
G.ROHINI, SANGITA DHINGRA SEHGAL
Issues: Negligence of school administration, responsibility of authorities, and ensuring safety of students in Delhi schools ... directions for periodical inspections and reports by schools, constitution of special task forces, and monthly visits by executive engineers ... ... (iii) Executive Engineers of the Municipal Corporations shall also visit the schools under their area of control on a monthly basis and in case of any defects in relation to their field are found, shall immediately take steps to ensure that the defects are rectifi....
2019 0 Supreme(Jhk) 1885 • India - Jharkhand
S.N.PATHAK
Further, due to the negligence of the concerned Engineers, the State of Jharkhand has also suffered financial loss. ... Hence, vide order date 16.11.2016, all the employees, who were responsible for the said loss, were suspended w.e.f. 6.11.2016, with a direction to submit their clarification within seven days, as to why not a disciplinary action be initiated against them for their willful negligence in performing their ... On 11.12.2015, the petitioner No. 1 was transferred to the post of Shift Incharge Engineer and Exe....
2011 0 Supreme(Raj) 19 • India - Rajasthan
MOHAMMAD RAFIQ
For charge sheet under Rule 16 of course, it may take little longer because the respondents have issued such charge sheet to so many persons which include the petitioner on the charge of supervisory negligence and three Executive Engineers and three Assistant Engineers on other charges. ... whereas the same charge sheet has been issued to three Executive Engineers of different times and three Assistant Engineers, thus in fact this is a joint charge sheet against seven persons, which would fulfill the de....
2025 Supreme(Online)(MAD) 6061 • India - High Court of Madras
R.SUBRAMANIAN, C.KUMARAPPAN, JJ
required action against negligent officials - Court directed assessment of building age and disciplinary action against responsible engineers ... (Paras 2-11) ... ... (B) Negligence of Authorities - Court emphasized the duty of authorities ... Decidendi: The court ruled that unauthorized constructions must be removed, and authorities are obligated to take action against negligence ... Thereafter, Mr.J.Kumaragurubaran,I.A.S, Commissioner, Greater Chennai Corporation has filed an additional status report stating that action has been init....
2001 0 Supreme(P&H) 1423 • India - Punjab and Haryana
K.S.GAREWAL
Negligence - Criminal Liability - Section 304-A IPC - [FACT OF THE CASE] The petitioners, engineers employed by a company, were ... [FINDING OF THE COURT] The court found that the death was by misadventure and there was no criminal intention or negligence on the ... At the time of the occurrence there were four persons present at the site, two engineers and two mechanics. The engineers had probably asked one of the mechanics (Subh Ram) to go down the well and carry out repairs. They must have had idea o....
Filter by Legal Phrase
