Search Results for Tag : Negligence
International Cases
When driving in city, one must anticipate that pedestrians will cross road, if they see a gap in the traffic(02.12.2016)
Present action arises out of a road traffic accident which occurred at the junction of Merrion Row and Merrion Street Upper in the city of Dublin. Whi.....
Tags : Accident, Causation, Contributory negligence
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A domestic “suspension” provision cannot defer the expiry of the Convention’s limitation period beyond that long stop(17.10.2018)
Present appeal raises a question about the interpretation of Article 16 of the Athens Convention relating to the Carriage of Passengers and their Lugg.....
Tags : Negligence, Damages, Grant
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Negligence by the business operator does not have to be proved(16.10.2020)
In facts of present case, Highbury Poultry Farm Produce Ltd. (“HPFPL”) operates a poultry slaughterhouse. The birds have their legs shackled to a movi.....
Tags : Strict liability, Negligence, Mensrea
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Where harm is caused by a domesticated animal, responsibility for that harm rests with the owner of the animal and not the injured party(11.09.2020)
An appeal by Mr. van Meyeren against a finding by the Eastern Cape Division of the High Court, that he was liable to compensate Cloete for injuries su.....
Tags : Negligence, Compensation, Eligibility
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An action in tort accrues when loss is actually suffered(12.08.2022)
Present is the third Defendant's application to strike out the plaintiffs' claim against it on the basis that the action is statute barred. The Plaint.....
Tags : Negligence, Contract, Legal services
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The principal is not liable for the civil wrongs of an independent contractor, except where the principal was personally at fault(22.12.2022)
The central issue in the appeal was whether the appellants were liable for the brain injury sustained by Mr David Robin Shearer, who was admitted as a.....
Tags : Civil, Negligence, Liability
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Judgments
If a person drives vehicle without a licence, he commits an offence that may not lead to finding of negligence as regards accident(15.12.2017)
The present appeal arises from a judgment of the High Court of Karnataka. Appellant who was riding a motorcycle met with an accident with a mini lorry.....
Tags : Contributory negligence, Basis, Compensation
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Proof of rashness and negligence on part of driver of vehicle is sine qua non for maintaining a claim petition(12.04.2018)
In instant case, The Appellant filed a claim petition under Section 166 of the Motor Vehicle Act,1988 on account of multiple grievous injuries sustain.....
Tags : Compensation, Grant, Proof, Negligence
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Onus to prove medical negligence lies largely on the complainant and that this onus can be discharged by leading cogent evidence(19.03.2018)
In facts of present case, the Complainants' (Nos. 1 & 2) son, met with bike accident. Immediately he was admitted in Sterling Hospital (OP) at Rajkot......
Tags : Complaint, Medical negligence, Proof
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In cases of medical negligence, where a special skill or competence is attributed to a doctor, a doctor need not possess highest expert skill, at risk of being found negligent(25.02.2019)
The sad demise of the wife of the Appellant has resulted in the legal proceedings being initiated by the Appellant on a belief that, the cause of her .....
Tags : Medical negligence, Compensation, Entitlement
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Clifford Chance settles professional negligence case out of court(14.12.2015)
Clifford Chance, a leading law firm in the UK and one of the largest law firms in the world, settled a professional negligence case out of court for a.....
Tags : Law firm, negligence, Clifford chance
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Onus of proving medical negligence and resultant deficiency in service is on complainant(08.05.2019)
Present complaint has been filed before this Commission under Section 17 of the Consumer Protection Act 1986 by Smt. Sunita Kumar and another, residen.....
Tags : Compensation, Negligence, Proof
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Expert opinion is not mandatory while adjudicating a complaint of medical negligence(02.05.2019)
Challenge in present Revision Petition under Section 21 (b) of the Consumer Protection Act, 1986 is to the order passed by the State Commission. By th.....
Tags : Medical negligence, Compensation, Entitlement
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Court can intervene only when Complainant succeeds in showing that Fora below has wrongly exercised its jurisdiction(28.02.2020)
Case of the Petitioner is that the Petitioner/Complainant's wife was admitted in the Respondent Hospital on 12th December, 2010 as her great toe and 2.....
Tags : Negligence, Concurrent findings, Jurisdiction
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Where the negligence of the State authorities is clear from the record, appropriate compensation to the family of the victims is to be awarded(24.08.2020)
Present writ petition is filed by the Petitioners who are the legal heirs of Late Sh. Manish (aged 23 years) who lost his life on 31st August, 2014 as.....
Tags : Negligence, State authorities, Compensation
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When there are disputed question of facts involved in a case, High Court should not exercise its jurisdiction under Article 226 of Constitution(02.08.2023)
The Petitioners before present Court have preferred the instant writ petition claiming compensation from the Respondents due to alleged mismanagement .....
Tags : Compensation, Negligence, Alternate remedy
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In a case of composite negligence where liability is joint and several, it is choice of claimants to claim compensation from either of tortfeasor(17.11.2018)
Instant appeals arise out of the same accident. Tribunal fastened the entire liability upon the Insurance Company to pay compensation on the ground th.....
Tags : Negligence, Compensation, Entitlement
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Court sponsored rule-flouting? Overloading and absent helmet not considered for contributory negligence(18.07.2016)
A refusal of the Himachal Pradesh High Court to take seriously overloading of two-wheel vehicles and non-wearing of helmet by riders while assessing c.....
Tags : scooter, overloaded, helmet, contributory negligence
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An ‘error of judgment’ by doctor does not make him guilty of criminal negligence under section 304-a of IPC(06.04.2017)
Appellant herein is a doctor and has challenged order passed by High Court of Judicature of Bombay, whereby Petition filed by Appellant under Section .....
Tags : Negligence, Proceedings, Quashing
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Medical practitioner can only be held liable where his conduct fell below that of the standards of reasonably competent practitioner in his field(20.04.2022)
The demise of husband of Appellant no.1 after his long illness has resulted in initiation of the legal proceedings at the instance of Appellant no.1 a.....
Tags : Complaint, Medical Negligence, post operative care
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News
Supreme Court: Mere Negligence on Part of Advocate Not Misconduct(20.02.2017)
Supreme Court has held that negligence, unless gross on part of an advocate, would not amount to professional misconduct.
Tags : Supreme Court, negligence, Advocate
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CRIMINAL - Compensation can't Go Restrictive When Victim is From Poor Background in Medical Negligence Cases:SC(08.03.2019)
Supreme Court has observed that general damages towards pain and suffering as also loss of amenities of life deserve to be considered uniformly for hu.....
Tags : Supreme Court, Medical Negligence
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CIVIL - Compensation can't Go Restrictive When Victim is From Poor Background in Medical Negligence Cases:SC(08.03.2019)
Supreme Court has observed that general damages towards pain and suffering as also loss of amenities of life deserve to be considered uniformly for hu.....
Tags : Supreme Court, Medical Negligence
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Delhi HC: Acts of negligence by Controller General of Patents, Designs and Trademarks unpardonable(13.10.2022)
Delhi High Court took exception to the manner of functioning of the Controller General of Patents, Designs and Trade Marks, and observed that if ‘ease.....
Tags : Delhi High Court, Controller General, Negligence
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Orissa HC Grants damages to Father Who Lost Son While Playing Cricket in School(19.10.2022)
Orissa High Court while holding the school liable for contributory negligence, has ordered Rs. 10 Lakhs compensation to the father of a boy who died i.....
Tags : Orissa High Court, contributory negligence, injuries
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DCDRC Holds Uber Liable for Driver's Negligence Leading Passenger to Miss Her Flight(27.10.2022)
District Consumer Dispute Redressal Commission (DCDRC), Mumbai has held Uber responsible for the driver’s negligence and directed Uber to pay a lawyer.....
Tags : DCDRC, Uber, Negligence
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SC: Mens Rea as Intent Not Required in Medical Negligence Cases(09.08.2021)
Supreme Court has observed that mens rea as intent is not required in a case of medical negligence. The Court has observed that before summoning the a.....
Tags : Supreme Court, Medical Negligence Cases
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Bom. HC: Motor Accident Victim can Claim Compensation from One of the Joint Tortfeasors(19.09.2023)
Bombay High Court has held that in cases of composite negligence, the law permits a motor accident victim to sue one of the two joint-tortfeasors, and.....
Tags : Bombay High Court, Motor Accident, Compensation, Composite Negligence
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Kerala HC: ‘Res Ipsa Loquitor’ Will Apply in Cases of Medical Negligence(28.12.2020)
Kerala High Court has held that the principle of 'res ipsa loquitor' will apply in a case of medical negligence if a patient suffers a complication wh.....
Tags : Kerala High Court, Medical Negligence Cases
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NCDRC Awards 1 Crore Compensation to Parents for Death of Child During Eye Correction Surgery(31.08.2022)
National Consumer Disputes Redressal Commission, New Delhi has awarded compensation of Rs. 1 Crore to parents of 6 year old child who died due to gros.....
Tags : NCDRC, Compensation, Medical Negligence
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J&K&L HC: Expert Opinion Necessary to Set Criminal Law Into Motion Against Medical Professionals(05.09.2022)
Jammu and Kashmir and Ladakh High Court has held that court should obtain opinion of the medical expert and if from such opinion, a prima facie case o.....
Tags : Jammu and Kashmir and Ladakh High Court, Criminal Negligence, Medical Professional
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SC: Medical Professional Cannot be Held Negligent if Patient Dies During Surgery(08.09.2021)
Supreme Court has observed that a medical professional cannot be held negligent merely because the treatment is not successful or the patient dies dur.....
Tags : Supreme Court, Medical Negligence
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Madras HC: Hospital's Delay to Shift Patient to Another Hospital for Proper Treatment is Negligence(02.08.2022)
Madras High Court while ordering lump sum compensation of Rs. 5 lakhs to young mother has held that here was negligence on the part of respondent hosp.....
Tags : Madras High Court, Hospital, Negligence, Compensation
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Kar. HC: No Presumption of Contributory Negligence Merely Because Driver Didn’t Possess DL(04.10.2023)
Karnataka High Court has modified the order of Motor Accident Claims Tribunal that laid contributory negligence to deceased, saying he did not possess.....
Tags : Karnataka High Court, Contributory Negligence, Driving Licence
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CIVIL - Wrong Diagnosis Doesn't Amount to Medical Negligence: SC(26.02.2019)
Supreme Court has dismissed appeal filed by a man against order of National Consumer Disputes Redressal Commission which dismissed his complaint alleg.....
Tags : Supreme Court, Medical Negligence, Wrong Diagnosis
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Supreme Court: Violation of Law by Itself Cannot Lead to Finding of Contributory Negligence(15.01.2020)
Supreme Court has held that a violation of law by itself, without anything more, cannot lead to a finding of contributory negligence while considering.....
Tags : Supreme Court, Contributory Negligence, Motor Accident Cases
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SC: Medical Negligence Can’t be Claimed if Complications Suffered was Unrelated to Medical Procedure(23.10.2023)
Supreme Court while observing that strong incriminating circumstantial or documentary evidence is required for application of doctrine of Res Ipsa Loc.....
Tags : Supreme Court, Res Ipsa Locutor, Medical Negligence
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Surgeon can't be Held Guilty of Negligence if Patient Passed Away After Reaching Home: P&H HC(08.02.2019)
Punjab and Haryana High Court has quashed a case against a government doctor, opining that he cannot be charged with negligence just because the patie.....
Tags : Punjab and Haryana High Court, Patient Passed Away After Reaching Home, Negligence
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Supreme Court Directs Hospital to Pay Rs 76 Lakh for Negligence that Blinded Newborn(18.12.2019)
Supreme Court has awarded compensation of Rs 76 lakh to the family one-and-a-half decades after negligence on part of doctors of Delhi’s Maharaja Agra.....
Tags : Supreme Court, Negligence
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Bombay High Court: Negligence without Ill Motive is not Misconduct(24.12.2019)
Bombay High Court has observed while quashing a Tribunal order holding a customs officer guilty of misconduct that negligence or lapse in performance .....
Tags : Bombay High Court, Negligence
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Tripura HC Orders Govt to Pay Compensation to Mother of Deceased Lawyer(05.01.2021)
Tripura High Court has ordered the State of Tripura to pay a compensation of Rs. 10,00,000 in a case of death of an advocate namely Bhaskar Debroy aft.....
Tags : Tripura High Court, Death Due to Medical Negligence
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Jharkhand HC: Rashness and Negligence in Driving is Subjective Determination(22.02.2022)
Jharkhand High Court has held that rashness and negligence in driving is a subjective determination depending on different factors like road condition.....
Tags : Jharkhand High Court, Rashness and Negligence
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Kerala HC: Non Wearing of Helmet Can’t be Ground to Fix Contributory Negligence(15.02.2016)
Kerala High Court has held that non-wearing of helmet, though an offence under the relevant provisions of the Motor Vehicles Act, could not be taken a.....
Tags : Kerala High Court, Motor Vehicles Act, contributory negligence
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Madras HC: Loss to State Exchequer Due to Negligence of Public Servant Must be Recovered from Him(26.12.2022)
Madras High Court has held that when a public servant is guilty of negligence and such act results in payment of statutory compensation or relief to v.....
Tags : Madras High Court, State Exchequer, Negligence, Public Servant
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NCDRC: Doctors Not Liable for Negligence as Long as They Follow Acceptable Practices(28.12.2022)
National Consumer Dispute Redressal Commission (NCDRC) has held that as long as doctor follows practice acceptable to the medical profession of that d.....
Tags : National Consumer Dispute Redressal Commission, Doctors, Negligence
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J&K&L HC: Medical Negligence Can Only be Gauged by Experts(28.12.2022)
Jammu & Kashmir & Ladakh High Court has observed that it is a settled legal position that only field experts can certify whether there was any neglige.....
Tags : Jammu & Kashmir & Ladakh High Court, Medical Negligence, Field Expert, Doctor
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Allahabad High Court: No Prosecution Against Doctors for Failing to Deliver on Assurance(01.06.2017)
Allahabad High Court has held that a doctor cannot be prosecuted for criminal negligence merely because he/she failed to deliver on assurances given t.....
Tags : Allahabad High Court, criminal negligence
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Kerala HC: MACT Cannot Attribute Contributory Negligence to Deceased and Deduct Compensation(16.04.2021)
Kerala High Court has held that a Motor Accident Claims Tribunal (MACT) cannot attribute contributory negligence to a deceased or the injured two-whee.....
Tags : Kerala High Court, Contributory Negligence
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Bom. HC: Legal Action to be Taken Against Doctor for Gross Negligence in Conducting Postmortem(28.03.2024)
Bom. HC has directed the Secretary, Health, Government of Maharashtra as well as Commissioner of Police Thane to take cognizance of the postmortem rep.....
Tags : Bombay High Court, Postmortem Report, Gross Negligence
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Mumbai Court Sentences Man to Imprisonment for Negligence After His Dog Attacked Relative(07.02.2023)
Mumbai Court has sentenced a businessman to three months imprisonment for negligence under Section 289 of IPC after his Rottweiler dog attacked a 72-y.....
Tags : Mumbai Court, Negligence, Aggressive Dog
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Mad. HC: Merely Smelling Alcohol in Breath Not Sufficient Ground to Attribute Contributory Negligence(18.04.2024)
Madras High Court has observed that to attract contributory negligence in motor vehicle accident cases, merely smelling alcohol in the breath of a per.....
Tags : Madras High Court, Contributory Negligence, Motor Vehicle Accident, Alcohol
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SC: Medical Professionals Should Not be Dragged into Criminal Proceedings Unless Grave Negligence(17.02.2020)
Supreme Court has observed that the medical professionals should not be dragged into criminal proceedings unless negligence of a High order is shown.
Tags : Supreme Court, Medical Professionals, Grave Negligence
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ITAT Slams Tax Dept. for Negligence in Maintaining Records(19.04.2019)
Income Tax Appellate Tribunal (ITAT), Pune bench has criticised income tax department for its negligence in keeping records while granting Section 12A.....
Tags : ITAT, Negligence, Maintaining Records
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MP HC Dismisses PIL Against Govt Hospital for Medical Negligence with Cost(10.03.2022)
Madhya Pradesh High Court has dismissed two petitions in the nature of Public Interest Litigation, seeking action against a government hospital for it.....
Tags : Madhya Pradesh High Court, Medical Negligence
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Delhi Consumer Commission Imposes Fine of Rs. 25 Lakh for Medical Negligence on Hospital and Doctors(29.09.2016)
Delhi Consumer Commission has directed a private hospital and two orthopaedics to pay Rs. 25 lakh as compensation to a patient who had suffered 40 per.....
Tags : Delhi Consumer Commission, Medical Negligence
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Bombay High Court: Prescription Without Diagnosis Leads To Culpable Negligence(27.07.2018)
Bombay High Court while observing that prescribing medicines to patients without diagnosis amounted to culpable negligence, has turned down the antici.....
Tags : Bombay High Court, Culpable Negligence
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Prescription Without Diagnosis Leads to Culpable Negligence: Bombay High Court(30.07.2018)
Bombay High Court has observed that prescribing medicines to patients without diagnosis amounted to culpable negligence.
Tags : Bombay High Court, Negligence
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Delhi State Commission Consumer Court Grants Rs. 25L to Woman as Compensation for Medical Negligence(06.06.2019)
Delhi State Commission Consumer Court has granted Rs. 25 lakh damage to a woman who became a victim of medical negligence and lost her baby after a ho.....
Tags : Delhi State Consumer Commission, Medical Negligence
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SC: Patient’s Death on Face of it Cannot be Medical Negligence(21.04.2022)
Supreme Court has said that even death of a patient cannot, on the face of it, be said to be medical negligence. The court said that it emerges from t.....
Tags : Supreme Court, medical negligence, medical practitioner
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Sikkim HC: Accused Unable to Engage Counsel Within Requisite Time, Delay of 388 Days Condoned(28.06.2024)
Sik. HC while condoning delay of 388 days in a matter where accused failed to engage a counsel within time, has observed that delays in preferring app.....
Tags : Sikkim High Court, Condonation of Delay, Gross Negligence, Deliberate Inaction
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Madras HC Absolves Doctor Accused of Gross Negligence for Death of Woman Given Nitrous Oxide(14.11.2018)
Madras High Court has set aside the criminal proceedings initiated against a government doctor in a case accusing him of gross negligence for causing .....
Tags : Madras High Court, Negligence
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Bombay HC Seeks Details from State About 11 Deaths That Occurred Due to Negligence of Hospitals(06.10.2020)
Bombay High Court has directed the State government to file an affidavit providing details of deaths that occurred due to alleged mismanagement of dea.....
Tags : Bombay High Court, Negligence of Hospitals
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Mad HC: High Court Can’t Interfere With Opinion of Medical Experts by Acting as an Expert Body(14.06.2023)
Madras High Court while refusing relief to a mother in a medical negligence case has held that High Court can’t interfere with the opinion of the medi.....
Tags : Madras High Court, Medical Negligence, Expert Opinion, Judicial Review
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Bombay HC Takes Suo Motu Cognizance Regarding Death of Leopard Due to Alleged Negligence(17.04.2020)
Bombay High Court has taken suo motu cognizance of a news report published by the Lokmat News Network on 15th April, 2020 pertaining to the alleged ca.....
Tags : Bombay High Court, Death of Leopard due to Negligence
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Bombay High Court: 18-Year Old Who Mowed Down Woman from his Bike, Released(16.07.2024)
Bombay High Court has released an eighteen year old accused for causing death by negligence of a woman, on the ground that his age and the way in whic.....
Tags : Bombay High Court, Eighteen Year Old, Death by Negligence
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Bombay HC Provides BMC Last Opportunity to Decide Compensation Case of Man who Lost Fingers(09.10.2015)
Bombay High Court has provided a final opportunity to BMC to decide whether it will compensate a man, who claimed that he had lost his fingers due to .....
Tags : Bombay High Court,medical negligence ,BMC
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SC: Attempting to Overtake Vehicle Can’t be Said to be an Act of Rashness(09.08.2024)
Supreme Court while deciding an appeal for claim of compensation for accident, under the Motor Vehicles Act, 1988, has observed that merely because a .....
Tags : Supreme Court, MV Act, Overtake, Negligence
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Madras HC to TN: Pay Rs 28 Lakh Compensation for Giving Laughing Gas to Patient Instead of Oxygen(05.09.2016)
Madras HC has directed Tamil Nadu Government to pay Rs 28.37 lakh as compensation to the family of a woman who died in 2012 due to medical negligence .....
Tags : Madras HC, medical negligence
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P&H HC: Conception of Pregnancy Post Tubectomy Not Medical Negligence(21.07.2020)
Punjab and Haryana High Court has held that the doctor performing tubectomy, at the time of child delivery, cannot be attributed medical negligence me.....
Tags : Punjab and Haryana High Court, Pregnancy Post Tubectomy Not Medical Negligence
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Orissa HC Orders Inquiry into Complaints of Medical Negligence at State-Run COVID Facility(12.07.2021)
Orissa High Court has formed a committee to conduct an inquiry into the allegations of medical negligence in the treatment of victims during COVID-19 .....
Tags : Orissa High Court, Medical Negligence at State-Run COVID Facility
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Kerala HC: Contributory Negligence Cannot be Established Solely on Basis of Scene Mahazar(06.06.2022)
Kerala High Court has held that contributory negligence cannot be found against the driver of the other vehicle solely relying on the recitals in the .....
Tags : Kerala High Court, Contributory Negligence
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NCDRC: Wrong Blood Transfusion Amounts to Medical Negligence(07.06.2022)
National Consumer Disputes Redressal Commission (NCDRC) has held that in majority cases the hospital staff fails to note the symptoms of wrong blood e.....
Tags : NCDRC, Medical Negligence, Blood Transfusion
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SC: Cannot Attach Contributory Negligence of Driver Vicariously to Passengers(20.09.2024)
Supreme Court has observed that the contributory negligence on the part of a driver of the vehicle involved in the accident cannot be vicariously atta.....
Tags : Supreme Court, Contributory Negligence, Legal Heirs
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