Search Results for "reasonable skill"

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Supreme Court Upholds Compensation Award in Medical Negligence Case Under Consumer Protection Act, 1986. The Court found deficiency in service due to inadequate post-operative monitoring and delayed intervention in treating a patient with aortic aneurysm, leading to death and warranting compensation.

The dispute arose from a complaint filed by the legal heirs of a deceased patient, Dinesh Jaiswal, against Bombay Hospital & Medical Research Centre a...

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Gujarat High Court Dismisses Appeals by District Panchayat in Failed Sterilization Cases, Upholds Compensation for Unwanted Child. Negligence in Tubectomy Operation Leads to Liability for Maintenance of Child Born After Failed Procedure.

The case involves three Second Appeals filed by the Patan District Panchayat and others against a common judgment of the Appellate Court in a suit for...

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High Court Dismisses Petition by Apprentices Seeking Absorption as Regular Officers Under Apprentices Act, 1961. No Automatic Right to Absorption Exists Under Section 22(1) of the Act, and Employer Retains Discretion in Recruitment, with Writ Jurisdiction Limited to Policy Enforcement.

The petitioners, who were appointed as Graduate Apprentice Trainees by Hindustan Petroleum Corporation Ltd. (HPCL) in 2016-2017, filed a writ petition...

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Bombay High Court Quashes Summons in Defamation Case Against Newspaper Publisher and Editor for Reporting FIR — Reporting of Police Press Release Constitutes Fair Comment and Substantial Truth Under Exception 1 to Section 499 IPC.

The petitioners, Manish Karapurkar (Publisher) and K. R. Sreenivas (Editor) of The Times of India, Goa Edition, filed a Criminal Writ Petition under S...

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Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Criminal Intent. Complaint under Section 338 IPC fails as essential ingredients of grievous hurt by rash or negligent act not established without expert evidence.

The petitioner, a practicing ophthalmologist, challenged the judgment of the Additional Sessions Judge, Pune, which upheld the Magistrate's order issu...

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Bombay High Court Quashes FIR Against Doctors in Medical Negligence Case — No Prima Facie Case Under Section 304A IPC. Allegations of Rash or Negligent Act Not Made Out as Treatment Was Given in Good Faith and No Gross Negligence Established.

The Bombay High Court at Nagpur Bench heard two criminal applications filed by Dr. Pradeep Sadashiv Wankhede and Dr. Abhishek Vasantrao Sondawale, bot...

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Supreme Court Dismisses Petition Challenging GST on Lotteries — Holds Lottery as Actionable Claim and Movable Property Under CGST Act. Levy of GST on Face Value of Lottery Tickets Without Abating Prize Money Upheld as Constitutional.

The petitioner, Skill Lotto Solutions Pvt. Ltd., an authorized agent for sale and distribution of lotteries organized by the State of Punjab, filed a ...