Search Results for "Jacob Mathew case"

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Search Results for "Jacob Mathew case"

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High Court

Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — No Prima Facie Case of Rash or Negligent Act Under Section 304A IPC. The court held that mere negligence or error of judgment does not constitute criminal negligence; there must be gross lack of competence or recklessness.

5 Oct 2005

The applicant, Dr. Sujoy Das, a part-time General Surgeon at ESI Hospital in Margao, Goa, filed a criminal miscellaneous application under Section 482...

Supreme Court

Supreme Court Allows Appeal in Medical Negligence Case — Quashes Criminal Proceedings Due to Lack of Proximate Causal Link Between Doctor's Act and Patient's Death. Section 304A IPC requires direct causation; mere delay in attending to patient after surgery does not constitute rash or negligent act amounting to culpable homicide not amounting to murder.

1 Jan 2026

The appellant, Dr. Supriya Kumari, a senior anaesthetist at Dhanalakshmi Hospital, Kannur, was charged under Section 304A of the Indian Penal Code (IP...

High Court

High Court of Karnataka Quashes Revisional Order Restoring Complaint in Medical Negligence Case — Lack of Expert Opinion Under Section 155(2) of Indian Medical Council Act, 1956 Renders Complaint Not Maintainable. The court held that the mandatory requirement of obtaining expert opinion before taking cognizance of medical negligence cannot be dispensed with, and the Revisional Court erred in restoring the complaint without considering this provision.

2 Mar 2021

The petitioners, Manipal Hospital and Dr. Shankar Kumar, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) se...

High Court

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.

20 Aug 2019

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

Supreme Court

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.

16 Dec 2019

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

High Court

Bombay High Court Quashes Criminal Proceedings Against Electricity Department Employee in Death Due to Negligence Case. Lack of Evidence of Rash or Negligent Act by Petitioner Leads to Quashing of FIR and Chargesheet Under Section 304-A IPC.

6 Apr 2017

The petitioner, Krishna Kalangutkar, an Assistant Linesman in the Electricity Department, Bicholim, Goa, filed a criminal writ petition under Section ...

Supreme Court

Supreme Court Dismisses Review Petitions in Rafale Procurement Case, Corrects Factual Error in Judgment. The Court held that the review petitions did not disclose any error apparent on the face of the record and that the scope of judicial review under Article 32 in procurement matters is limited to examining the decision-making process, pricing, and offsets.

14 Nov 2019

The Supreme Court of India delivered a judgment on a review petition and miscellaneous applications arising from its earlier judgment dated 14.12.2018...

Supreme Court

Supreme Court Quashes Medical Negligence Finding Against Doctor and Hospital in Consumer Dispute - Reverses NCDRC Order Due to Lack of Evidence. The Court held that the complainant failed to provide sufficient material or medical evidence to establish negligence under the Consumer Protection Act, 1986, as mere unfavorable outcome or untoward incident does not per se constitute negligence.

7 Sep 2021

The dispute arose from a consumer complaint alleging medical negligence against a doctor and a hospital following the death of a patient after a secon...

High Court

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.

15 Oct 2012

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...

High Court

Bombay High Court Quashes FIR Against Doctor in Medical Negligence Case Due to Lack of Criminal Intent. Section 304 IPC not attracted as negligence was not gross or reckless, and death occurred during medical procedure without mens rea.

4 Jun 2019

The applicant, Dr. Sangeeta Salunke, a registered medical practitioner, filed an application under Section 482 of the Code of Criminal Procedure, 1973...

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