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Supreme Court Upholds Medical Negligence Finding Against Hospital and Doctors for Failure to Conduct ROP Screening on Preterm Baby Leading to Blindness. Compensation Enhanced for Child's Total Blindness Due to Negligent Omission of Mandatory Retinopathy of Prematurity Check-Up.

The case arises from a consumer complaint alleging medical negligence against Maharaja Agrasen Hospital and its doctors for failing to conduct mandato...

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Bombay High Court Allows Rebate of Education Cess on Exported Goods in Central Excise Matter — Education Cess Held to Be Part of Excise Duty for Rebate Purposes Under Rule 18 of Central Excise Rules, 2002 and Section 37B of Central Excise Act, 1944.

The judgment concerns two writ petitions: one by M/s Ispat Industries Limited challenging an order dated 30 November 2004 passed by the Deputy Commiss...

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High Court Discharges Public Servant in Corruption Case for Lack of Sanction Under Section 19 of Prevention of Corruption Act. Sanction for prosecution is mandatory and absence of valid sanction vitiates proceedings.

The applicant, Bibhas Chandra Singh, a public servant employed as General Manager (Mines) in Western Coalfields Ltd., filed a criminal revision applic...

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High Court of Karnataka Quashes Penalty Order in Stamp Duty Dispute — Agreement of Sale Not Liable to Stamp Duty as Conveyance. Court held that an agreement of sale does not require stamp duty as a conveyance under Article 5(e) of the Karnataka Stamp Act, 1957, and impounding with penalty was improper.

The petitioner, Mr. R. Mahendra Kumar Shah, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 25.11.2015...

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Supreme Court Upholds Tax Authorities in Income Tax Case Regarding Refund of Excess Profits Tax. Repayment of excess profits tax received by a company in England deemed income under Section 11(14) of Indian Finance Act, 1946, irrespective of territorial source.

The appellant, McGregor & Balfour Ltd., a company incorporated in the United Kingdom with its head office there, also carried on business in India. In...

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Bombay High Court Allows Workman's Petition in Industrial Dispute Challenging Termination and Denial of Back Wages. Termination Held Illegal for Non-Compliance with Section 25F of Industrial Disputes Act, 1947; Full Back Wages Granted as Employer Failed to Prove Gainful Employment.

The petitioner, a workman employed by the Union of India through the Controller of Quality Assurance (Vehicles), Ministry of Defence, challenged his t...

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Bombay High Court at Goa Dismisses Petition Challenging Industrial Tribunal Order in Service Termination Dispute. Petitioner failed to prove illegal termination; Tribunal's finding of voluntary resignation upheld under Section 25(F) of Industrial Disputes Act, 1947.

The petitioner, Ms. Ganga S. Mane Raibagkar, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 12/11/20...

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Supreme Court Allows Appeal in Mediclaim Policy Renewal Dispute — Insurer Must Disclose Material Changes in Coverage at Renewal. Renewal of Insurance Policy is Not a Fresh Contract; Insurer Owed Duty to Inform Insured of Restrictive Terms Under Principle of Utmost Good Faith.

The appellants, Jacob Punnen and his wife, held a Mediclaim policy with United India Insurance Co. Ltd. since 1982, renewed annually. In March 2008, t...