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MEDICAL NEGLIGENC (PART-3)

Malay Kumar Ganguli&Dr Kunal Saha V Dr Sukumar Mukherjee and others delivered on 7th August 2009 SCC 221 Bench: S.B. Sinha, Deepak Verma ; Supreme Court Of India Criminal Appellate Jurisdiction Criminal Appeal Nos. 1191-1194 Of 2005 A. “A court is not bound by the evidence

MEDICAL NEGLIGENC (PART-2)

Dr J.J. Marchant and others v/s Shrinath Chaturvedi 2002 CTJ 757SC[CP] Supreme Court again set the controversy at rest about the jurisdiction of consumer courts in medical negligence matters Court in this case also relying upon Shantha case, held that delay in disposal of the

MEDICAL NEGLIGENCE PART-1

V.Shantha V/S Indian Medical Association SC 1995 Distinction between ‘contract of service’ and ‘contract for service’ “No doubt that Parliamentary draftsman was aware of this well accepted distinction between "contract of service" and "contract for services" and has deliberately chosen the expression `contract of service'

Landmark judgment on Insurance

1. Case Title: New India Assurance Co. Ltd v/s M/S Mudit Roadways (SC) Civil Appeal No 334/2023 Decided on 24.1.2023 by SC Legal Issue: Repudiation of claim on new grounds “it is a settled position that an insurance company cannot travel beyond the grounds mentioned

Consumer Commissions are additional remedy available to the consumers

(Section 3of act 19867 Section 100 of Act 2019) Questions raised Banking system-Ombudsman system, Debt Recovery Tribunal Case law: Neela Vasanta v/s among industries, FD matter NC 1993 Registrar Co-operative Societies -Arbitration by Registrar Case Law: Kalavati v/s Vaishya Co-operative Society SC Medical Negligence: Medical

Safety of Locker under Bank custody-Know the Rules and law

Supreme Court decided case of Amitabh Dasgupta on 19.2.2021 holding bank negligent for break opening the locker for non-payment of dues for the period of 1993 -1994 and locker was subsequently re allocated to another customer. This fact came to the knowledge of locker holder

Development of Consumer Jurisprudence in India

(Supreme Court sets Law) The judgments which contributed to develop Consumer Jurisprudence 1 Bombay High court struck down Rue 6(1) of Rule 2020 of Consumer Protection Act 2019 Legal issue ;Appointment of Presidents & Members in Consumer Commissions ) Dominance of executives over Judicial Person,

How to draft consumer Complaint

(Lacuna left in complaint drafting leads to failure even in meritorious case) Drafting Consumer Complaint is an art. The fact that consumer do not need to appoint an advocate does not mean complaint can be drafted in any manner without following the basic principles of

HOME BUYER A FINANCIAL CREDITOR

The Supreme Court in the case of Pioneer Urban Land and Infrastructure Limited & Anr v. Union of India & Ors. (Writ Petition (Civil) No. 43 of 2019) has held that the homebuyers from now onwards shall be considered as Financial Creditors under the Insolvency and Bankruptcy
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