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Gujarat High Court Dismisses Appeals by District Panchayat in Failed Sterilization Cases, Upholds Compensation for Unwanted Child. Negligence in Tubectomy Operation Leads to Liability for Maintenance of Child Born After Failed Procedure.

The case involves three Second Appeals filed by the Patan District Panchayat and others against a common judgment of the Appellate Court in a suit for...

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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.

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...

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Bombay High Court Dismisses State Appeal Against Acquittal of Doctors in Medical Negligence Case — Gross Negligence Not Established. Criminal liability under Section 304-A IPC requires proof of gross negligence, not mere civil negligence, and the prosecution failed to meet that standard.

The State of Maharashtra appealed against the acquittal of three doctors (respondents) by the Chief Judicial Magistrate, Kolhapur, for the offence und...

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Bombay High Court Allows Appeal of Convict in Murder Case Due to Benefit of Doubt on Insanity Plea. Conviction Under Section 302 IPC Set Aside as Prosecution Failed to Prove Mens Rea Beyond Reasonable Doubt.

The appellant, Ramchandra Shenfadu Patil, was convicted by the Additional Sessions Judge, Amalner in Sessions Case No.26/2009 for the murder of his mo...

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Bombay High Court Quashes FIR Against Doctors in Medical Negligence Case Due to Lack of Criminal Intent. Section 304 IPC Not Attracted as Allegations Do Not Disclose Culpable Homicide; Civil Liability May Exist but Criminal Prosecution Requires Gross Negligence with Mens Rea.

The applicants, Dr. Ashok Saklecha and Dr. Sarika Saklecha, medical practitioners, filed an application under Section 482 of the Code of Criminal Proc...

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

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...

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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.

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...

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Bombay High Court Dismisses Petition Seeking Enquiry and Prosecution for Water Leakage and Contamination. Court holds that no statutory duty or right is violated as the petition lacks specific allegations of negligence and seeks directions beyond judicial review.

The petitioners, residents of Hinganghat, filed a criminal writ petition seeking directions to the Municipal Council to initiate an enquiry into the l...

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Bombay High Court Partly Allows Insurance Company Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Income Proof. Claimant's 100% Permanent Disability Acknowledged but Multiplier and Income Assessment Modified Under Motor Vehicles Act, 1988.

The National Insurance Company Ltd. appealed against the judgment and order dated 7.6.2004 of the Motor Accidents Claims Tribunal, Pune, in Claim Peti...