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Supreme Court

Supreme Court Quashes Criminal Proceedings Against Surgeon in Medical Negligence Case Due to Lack of Prima Facie Evidence and Expert Opinion Favoring Surgery. Proceedings Under Sections 312, 325, 426, 120-B, 406, 465, 468, 471, 501 IPC Quashed as Medical Board Opined Surgery Was Appropriate and Consent Was Obtained, Constituting No Offence.

6 Apr 2026

The appeal arose from a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of criminal proceedings in C.C. No. 13 of...

High Court

High Court of Madras Enhances Compensation for Injured in Motor Accident Appeal — Functional Disability of Surgeon's Fingers Not Reduced to Whole Body. Locomotor Disability of 38% in Hand Directly Affecting Surgical Skills Is Compensable Without Reduction Using Multiplier Method Under Motor Vehicles Act, 1988.

6 Feb 2025

The case arose from a motor accident claim where the appellant, a practicing general surgeon, sustained multiple injuries including fractures and func...

Supreme Court

Supreme Court Quashes Penalty Order Against Retired Government Doctor in Disciplinary Proceedings — Pension Cut Set Aside Due to Lack of Evidence and Mala Fides. Disciplinary Authority's Order Found Perverse and Based on No Evidence, Violating Principles of Natural Justice Under Punjab Civil Services (Punishment & Appeal) Rules, 1970.

17 Jan 2025

The appellant, Dr. Bhupinderpal Singh Gill, was a Senior Medical Officer in Punjab with 34 years of service, due to retire on 31 March 2017. Eleven da...

Supreme Court

Supreme Court Quashes FIR and Complaint Against Doctor in Pre-Conception and Pre-natal Diagnostic Techniques Act Case Due to Illegal Search by Unauthorised Officers. Search Conducted by Civil Surgeon Alone Without Proper Authorisation from Multi-Member Appropriate Authority Renders Entire Proceedings Invalid.

20 Sep 2024

The appellant, a medical practitioner, was accused of conducting illegal sex determination of a foetus using ultrasound at his clinic, Divine Diagnost...

High Court

Bombay High Court Acquits Doctor in Medical Negligence Case Due to Lack of Gross Negligence. Death During Surgery Not Sufficient for Criminal Liability Under Section 304A IPC Without Proof of Recklessness.

9 Feb 2024

The case arises from the death of Prakash Parekh, a young man who underwent a surgical procedure performed by Dr. Anil Pinto on 20/02/1984. The compla...

High Court

Bombay High Court Upholds MPSC's Discretion in Medical Officer Recruitment — Selection Process Not Vitiated by Minor Irregularities. Court holds that the selection process for Medical Officers conducted by MPSC was valid and not arbitrary, as the Commission had the authority to prescribe minimum qualifying marks and the process was not tainted by mala fides.

21 Mar 2023

The judgment pertains to a batch of writ petitions filed by candidates and the Maharashtra Public Service Commission (MPSC) challenging the selection ...

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 Restores Compensation Against Operating Surgeon in Medical Negligence Case. Low Platelet Count Surgery Held Unreasonable Under Consumer Protection Act, 1986.

19 Jul 2019

The appellant, Nand Kishore Prasad, filed a consumer complaint after his 15-year-old son Sanjay Kumar died following surgery at Kurji Holy Family Hosp...

High Court

Bombay High Court Dismisses Writ Petition of Ad Hoc Dental Surgeon Challenging Replacement by Bonded Candidate. MAT's finding that the Original Application became infructuous upon replacement of the ad hoc employee by a bonded candidate was upheld.

13 Aug 2015

The petitioner, Dr. Anil Dhage, a qualified Dental Surgeon, was appointed on an ad hoc basis by the Dean of Medical College, Nagpur on 12.06.1998, fol...

High Court

Bombay High Court Dismisses State's Petition Challenging Reinstatement of Temporary Driver in Unfair Labour Practice Case. Continuous Service of 12 Months Entitles Employee to Permanency Benefits Under Government Resolution, Termination Held Illegal.

6 Apr 2011

The State of Maharashtra, through the District Civil Surgeon, Parbhani, and the Deputy Director of Health Services, Aurangabad, filed a writ petition ...

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