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Search Results for "civil surgeon"

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High Court

Bombay High Court Dismisses PIL and Upholds Award of Emergency Medical Services Tender to Consortium. Court Finds No Irregularities in Tender Process; Holds that PIL Was Not Bona Fide and Should Be Proceeded Suo Motu.

8 Apr 2025

The matter involved a public interest litigation (PIL) and a connected writ petition arising from a tender for the Maharashtra Emergency Medical Servi...

High Court

Bombay High Court Dismisses Writ Petition of Retired Medical Officer Challenging Denial of Pension After Conviction for Heinous Offences. Departmental Enquiry Initiated After Retirement Under Rule 27(2)(b)(i) of Maharashtra Civil Services (Pension) Rules, 1982 Upheld as Valid.

5 Jul 2023

The petitioner, Dr. Santram s/o Mitharam Rathod, was a Medical Officer in the Public Health Department of Maharashtra, appointed on 7 June 1982. He wa...

High Court

Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: Acts and Sections Discussed: Constitution of India (COI) — Article 226 (Writ Jurisdiction) Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court) Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention) Keywords:Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence Nature of the Litigation:Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet. Petitioners’ Relief Sought:Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it. Reason for Filing the Case:Allegations of non-payment of professional dues and financial aid advanced to the hospital. Prior Decisions:Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune. Issues:Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit. Submissions/Arguments:(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues. Decision:FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. Ratio:No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet.

4 Feb 2025

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deem...

Supreme Court

Supreme Court Allows PIL Seeking Scribe Facility for Person with Disability Without Benchmark Disability — Rights of Persons with Disabilities Act, 2016. Benchmark Disability Not a Precondition for Reasonable Accommodation in Examinations Under Sections 2(s), 2(t), 3, 16, 17, 20 of RPwD Act, 2016.

10 Feb 2025

The petitioner, Gulshan Kumar, a person with 25% permanent disability due to Focal Hand Dystonia (Writer's Cramp), filed a Public Interest Litigation ...

Supreme Court

Supreme Court Upholds Termination of Temporary Civil Judge's Services Under M.P. Temporary Service Rules, 1960. Order Found Non-Punitive and Article 311 Not Attracted as It Did Not Cast Any Stigma.

29 Apr 1969

The appeal arose from a writ petition filed by a temporary Civil Judge in the State of Madhya Pradesh challenging the termination of his services. The...

High Court

Bombay High Court Dismisses Election Petition Challenging Acceptance of Nomination of Government Servant Candidate. Returning Officer's Decision to Accept Nomination Upheld as Petitioner Failed to Prove Candidate Was Disqualified Under Section 9 of Representation of the People Act, 1951.

19 Jan 2017

The petitioner, Narayan Dinbaji Jambhule, filed an election petition under Section 81 of the Representation of the People Act, 1951, challenging the d...

Supreme Court

Supreme Court Allows Appeals in BAMS Doctors' Pay Parity Case — Tikku Committee Recommendations Not Applicable to Ayurvedic Practitioners. BAMS degree holders cannot claim parity with MBBS doctors under the Tikku Pay Commission as the Committee's scope was limited to allopathic service doctors.

26 Apr 2023

The civil appeals arose from a common order of the Gujarat High Court Division Bench which confirmed a Single Judge's decision that respondents holdin...

High Court

Bombay High Court Hears Writ Petition by Retired Central Government Employee Against Union of India Regarding Reimbursement of Heart Transplant Expenses. The Court Considers Whether Normal Reimbursement Rules Should Be Relaxed in Life-Saving Situations Where Treatment Not Available in Empanelled Hospitals.

6 Jun 2025

The petitioner, a retired Central Government employee from Pune, was a pensioner residing in Mumbai. He voluntarily retired in March 2008 as Assistant...

Supreme Court

Supreme Court Allows Compassionate Appointment Claim in Insurance Company Case — Employer Cannot Delay Processing of Medical Retirement Application to Defeat Dependent's Claim. The Court held that the employer cannot take advantage of its own delay in processing a medical retirement application submitted before the employee crossed the age threshold of 55 years under the Scheme for Compassionate Appointment in Public Sector General Insurance Companies.

1 Jan 2026

The appeal arose from a judgment of the Bombay High Court (Nagpur Bench) dismissing a writ petition filed by the appellants, who sought compassionate ...

High Court

Bombay High Court Dismisses Petitions Seeking Compassionate Appointment After Medical Retirement — No Legal Right to Appointment Under Industrial Disputes Act. Industrial Court's Finding of No Employer-Employee Relationship Upheld as Not Perverse.

24 Nov 2017

The petitioners, Murlidhar Makdu Sapkale and his son Vijay Murlidhar Sapkale (WP No. 2786/2008), and Dinkar Popat Borale and his son Harshal Dinkar Bo...

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