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Bombay High Court Quashes Customs Confiscation Order for Used Haemodialysis Machines — Import Not Prohibited Under Hazardous Waste Rules. Used Medical Equipment Not Classifiable as 'Hazardous Waste' or 'Waste' Under Hazardous and Other Wastes (Management, Handling and Trans-Boundary Movement) Rules, 2016.

The petitioner, Hemant Surgical Industries Limited, is engaged in importing, manufacturing, and supplying medical equipment. Since 2008, it has import...

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Bombay High Court Issues Directions for Improvement of Healthcare Facilities in Government Hospitals in Goa in Public Interest Litigation. Court Holds That Right to Health is a Fundamental Right Under Article 21 of the Constitution and State Has a Legal Obligation to Provide Basic Medical Facilities.

This public interest litigation was filed by Prakash B. Sardessai and Vishwesh Sardessai, residents of Goa, seeking improvement of healthcare faciliti...

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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 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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Bombay High Court Dismisses Writ Petition Challenging Termination of Hospital Management Agreement. Municipal Corporation's order terminating agreement for breach of conditions including unauthorized subletting and failure to provide free treatment upheld.

The petitioner, Global Hospital and Research Centre, a charitable trust registered under the Maharashtra Public Trust Act, 1950, entered into an agree...

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Bombay High Court Allows Mentally Challenged Person to Donate Kidney to Brother Under Transplantation of Human Organs and Tissues Act, 1994 — Natural Guardians Can Give Consent for Organ Donation by Mentally Incompetent Donor.

The petitioners, Ganpatrao Pawar and his wife Suman, are parents of two sons: Amol (petitioner no. 3), who is mentally challenged and represented by h...

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High Court of Karnataka Quashes MCI Order Striking Off Doctor's Name from Medical Register for One Year for Alleged Violation of Transplantation of Human Organs Act, 1994 — Failure to Report Organ Retrieval from Deceased Donor Not a Ground for Erasure of Name.

The petitioner, Dr. Ramcharan Thiagarajan, a renowned surgical gastroenterologist and multi-organ transplant surgeon, was working as a consultant at F...