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Supreme Court Allows Doctor and Hospital's Appeal in Ptosis Surgery Negligence Case — Deterioration Post-Surgery Not Proof of Medical Negligence. Mere Failure of Treatment Without Evidence of Breach of Duty Does Not Attract Liability Under Consumer Protection Act, 1986.

The case involves two cross-appeals arising from a common order of the National Consumer Disputes Redressal Commission (NCDRC) dated 24.08.2011. The c...

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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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Supreme Court Restores Conviction for Aggravated Penetrative Sexual Assault Under POCSO Act Despite Victim's Consent and Cohabitation. Consent of a Minor Is Irrelevant for Offences Under the POCSO Act and Section 376 IPC, and the High Court Exceeded Its Jurisdiction by Acquitting Based on Such Consent.

The Supreme Court of India dealt with a suo motu writ petition and a criminal appeal arising from a judgment of the Calcutta High Court. The backgroun...

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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...

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Supreme Court Allows Mother to Take Child to Singapore in Custody Dispute — Welfare of Child Paramount. Mother's Relocation for Employment Does Not Justify Restriction on Child's Travel; Family Court Retains Jurisdiction with Undertakings.

The appellant, Mrs. Ritika Sharan, and the respondent, Mr. Sujoy Ghosh, were married on 4 February 2009 and have a son, Sattik, born on 9 May 2013. Du...

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Bombay High Court Awards Compensation for Medical Negligence in Municipal Hospital - Extravasation Injury Leads to Loss of Fingers. Hospital Staff's Failure to Monitor IV Line Constitutes Negligence, Municipal Corporation Held Vicariously Liable.

The petitioner, Umakant Kisan Mane, was admitted to Rajawadi Municipal Hospital on 1st October 2002 following a convulsion. An intravenous line was st...

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Bombay High Court Permits Medical Termination Beyond 20 Weeks Under MTP Act's Section 5. Court Holds That Section 5 Not Restricted to Life-Threatening Cases, Encompasses Grave Injury to Health, and Lays Down Guidelines for Future Cases.

The Bombay High Court heard three writ petitions filed by pregnant women whose pregnancies had exceeded 20 weeks, seeking permission to undergo medica...

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Bombay High Court Allows Widow's Claim for Medical Reimbursement Under Rajiv Gandhi Jeevandayee Arogya Yojana for Ayurvedic Treatment of Deceased Husband. Treatment at Government-Recognized Ayurvedic Hospital Held Covered Under Scheme Despite Initial Denial by Insurance Company.

The petitioner, Kiran Bhaskar Surgade, widow of Dr. B.S. Surgade, filed a writ petition seeking reimbursement of medical expenses incurred for the tre...