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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 Dismisses Insurance Claim in Consumer Dispute Over Deterioration of Stock Policy. Claim Rejected as Insured's Admission of Proper Temperature Maintenance Triggered Policy Exceptions Excluding Liability if Temperature Did Not Exceed 4.4°C.

The appeal originated from a judgment of the National Consumer Disputes Redressal Commission dated 14 August 2018 in Consumer Case No 37 of 2010. The ...

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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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Bombay High Court Quashes FIR Against Doctors in Medical Negligence Case — No Prima Facie Case Under Section 304A IPC. Allegations of Rash or Negligent Act Not Made Out as Treatment Was Given in Good Faith and No Gross Negligence Established.

The Bombay High Court at Nagpur Bench heard two criminal applications filed by Dr. Pradeep Sadashiv Wankhede and Dr. Abhishek Vasantrao Sondawale, bot...