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Supreme Court Dismisses Surgeon’s Appeal and Upholds Award of Damages for Medical Negligence in Fracture Treatment. Concurrent Findings of Excessive Force and Lack of Anaesthetic in Reduction of Femur Fracture Constitute Gross Negligence Causing Patient’s Death.

The matter arose from a suit for damages filed by the first respondent, the father of a young patient, against the appellant, a surgeon, alleging medi...

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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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Madras High Court Allows Mutt's Plea for Elephant Ownership Renewal and Translocation Subject to Welfare Compliance. Court Directs Joint Inspection of New Elephant Care Facility Before Renewal of Certificates Under Wildlife (Protection) Act, 1972 and Tamil Nadu Captive Elephant Rules, 2011.

The petitioner, Sri Kanchi Kamakoti Peetham, a Hindu religious Mutt, filed a writ petition under Article 226 of the Constitution of India seeking a ma...

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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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Supreme Court Allows Appeal in Motor Accident Claim Case Due to Incorrect Multiplier and Omission of Future Prospects. Compensation Enhanced from Rs.5,96,761 to Rs.7,26,700 with 9% Interest for Deceased Aged 45 Years Under Motor Vehicles Act, 1988.

The present appeal arises from a motor accident claim where the deceased, Smt. Tarawati, aged 45 years, died in a road accident on 07.02.2003 due to r...

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Bombay High Court Allows Adoption Petition in Juvenile Justice Act Case Due to Mechanical Rejection by District Judge. District Judge Failed to Consider Merits and Call for Reports Under Section 41 of Juvenile Justice (Care and Protection of Children) Act, 2000.

The petitioners, Ashok Dinaji Ramteke and his wife Ujjwala, filed a writ petition challenging the order dated 17.4.2014 passed by the learned District...