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Bombay High Court Upholds Conviction of Oncologist for Rash Act Causing Grievous Hurt in Cancer Surgery. Doctor's failure to examine patient before abandoning operation and causing prolonged hospitalization amounts to rash act under Section 338 read with Section 109 IPC.

The case involves a criminal revision application filed by Dr. P.B. Desai, the original accused no.1, challenging his conviction under Section 338 rea...

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Bombay High Court Quashes FIR Under Section 354 IPC for Lack of Criminal Intent in Workplace Incident. Touching of hands by Headmaster to discuss pending bills does not constitute assault or criminal force with intent to outrage modesty under Section 354 IPC.

The applicant, Dilip Uttam Lomate, was the Headmaster of an Ashram School. The respondent No.2, Vaishali Patil, was an Assistant Teacher. She alleged ...

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Bombay High Court Quashes FIR Against Doctor in Medical Negligence Case Due to Lack of Criminal Intent. Section 304 IPC not attracted as negligence was not gross or reckless, and death occurred during medical procedure without mens rea.

The applicant, Dr. Sangeeta Salunke, a registered medical practitioner, filed an application under Section 482 of the Code of Criminal Procedure, 1973...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Compensation Award Upheld. Joint liability of insurer and owners for injuries caused by rash and negligent driving of tractor and trolly under Section 166 of Motor Vehicles Act, 1988.

The appellant, The Oriental Insurance Company Limited, challenged the judgment and award dated 22.8.2012 passed by the Motor Accident Claims Tribunal,...

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High Court of Karnataka Reduces Compensation in Motor Accident Claim Case Due to Contributory Negligence and Error in Income Calculation. Claimant's contributory negligence assessed at 30% and notional income reduced from Rs.12,000 to Rs.9,000 per month for a pillion rider with no proof of income.

The case arises from a motor accident claim petition filed by the legal representatives of Supreeth S., a 24-year-old bachelor who died in a road acci...

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Gujarat High Court Allows Appeal in Motor Accident Claim for Death of Homemaker — Compensation Enhanced from Rs.1,60,500 to Rs.6,64,000 with 7.5% Interest. Notional Income of Rs.3,000 per month with 40% Future Prospects and Multiplier of 18 Applied Under Motor Vehicles Act, 1988.

The present appeal arises from a judgment and award dated 13.06.2011 passed by the Motor Accident Claims Tribunal (Aux.), Narmada at Rajpipla in M.A.C...

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Gujarat High Court Allows Appeal in Motor Accident Claim for Death of Homemaker. Notional Income of Rs.3,000 per month with Future Prospects and Multiplier of 18 applied under Motor Vehicles Act, 1988.

The appeal was filed by the claimants, legal heirs of the deceased Zubedaben Usmangani Mansuri, who died in a motor accident on 30.07.2010. The deceas...