Landmark judgements

 

New India Assurance Co. Ltd. vs R. Srinivasan on 28 February, 2000

New India Assurance Co. Ltd. vs R. Srinivasan on 28 February, 2000 Equivalent citations: AIR 2000 SC 941, 2000 (2) BLJR 1059...

CITICORP. MARUTI FINANCE LTD. VS. S.VIJAYALAXMI

CITICORP. MARUTI FINANCE LTD. VS. S.VIJAYALAXMI...

V. Kishan Rao vs Nikhil Super Speciality Hospital ... on 8 March, 2010

V. Kishan Rao vs Nikhil Super Speciality Hospital ... on 8 March, 2010...

Dr. J.J. Merchant & Ors vs Shrinath Chaturvedi on 12 August, 2002

The object and purpose of enacting the Act is to render simple, inexpensive and speedy remedy to the consumers with complaints against defective goods and deficient services and the benevolent piece of legislation intended to protect a large body of consumers from exploitation would be defeated. Prior to the Act, consumers were required to approach the Civil Court for securing justice for the wrong done to them and it is known fact that decision in suit takes years. Under the Act, consumers are provided with an alternative, efficacious and speedy remedy. As such, the Consumer forum is an alternative forum established under the Act to discharge the functions of a Civil Court. Therefore, delay in disposal of the complaint would not be a ground for rejecting the complaint and directing the complainant to approach the Civil Court....

Indian Medical Association vs V.P. Shantha & Ors on 13 November, 1995

Indian Medical Association vs V.P. Shantha & Ors on 13 November, 1995...

Martin F. D'Souza vs Mohd. Ishfaq on 17 February, 2009

We, therefore, direct that whenever a complaint is received against a doctor or hospital by the Consumer Fora (whether District, State or National) or by the Criminal Court then before issuing notice to the doctor or hospital against whom the complaint was made the Consumer Forum or Criminal Court should first refer the matter to a competent doctor or committee of doctors, specialized in the field relating to which the medical negligence is attributed, and only after that doctor or committee reports that there is a prima facie case of medical negligence should notice be then issued to the concerned doctor/hospital. -Martin F. D'Souza vs Mohd. Ishfaq on 17 February, 2009...

Jacob Mathew vs State Of Punjab & Anr on 5 August, 2005

The jurisprudential concept of negligence differs in civil and criminal law. What may be negligence in civil law may not necessarily be negligence in criminal law. For negligence to amount to an offence, the element of mens rea must be shown to exist. For an act to amount to criminal negligence, the degree of negligence should be much higher i.e. gross or of a very high degree. Negligence which is neither gross nor of a higher degree may provide a ground for action in civil law but cannot form the basis for prosecution.-Jacob Mathew vs State Of Punjab & Anr on 5 August, 2005...

Malay Kumar Ganguly vs Sukumar Mukherjee & Ors. on 7 August, 2009

Failure to act in accordance with the standard, reasonable, competent medical means at the time would not constitute a negligence. However, a medical practitioner must exercise the reasonable degree of care and skill and knowledge which he possesses. Failure to use due skill in diagnosis with the result that wrong treatment is given would be negligence. (v) In a complicated case, the court would be slow in contributing negligence on the part of the doctor, if he is performing his duties to be best of his ability. Bearing in mind the aforementioned principles, the individual liability of the doctors and hospital must be judged. -Malay Kumar Ganguly vs Sukumar Mukherjee & Ors. on 7 August, 2009...

M/S. Spring Meadows Hospital & Anr vs Harjol Ahluwalia Through, K.S. ... on 25 March, 1998

M/S. Spring Meadows Hospital & Anr vs Harjol AhlGross medical mistake will always result in a finding of negligence. Use of wrong drug or wrong gas during the course of anaesthetic will frequently lead to the imposition of liability and in some situations even the principle of Res ipsa loquitur can be applied. Even delegation of responsibility to another may amount to negligence in certain circumstances. A consultant could be negligent where he delegates the responsibility to his junior with the knowledge that the junior was incapable of performing of his duties properly...

Bangalore Development Authority vs Syndicate Bank on 17 May, 2007

Bangalore Development Authority vs Syndicate Bank on 17 May, 2007...

Punj Lloyd Ltd. Vs. Corporate Risks India Pvt. Ltd. [2008] INSC 2135 (11 December 2008) Judgment

The decisive test is not the complicated nature of questions of fact and law arising for decision. The anvil on which entertainability of a complaint by a forum under the Act is to be determined is whether the questions, though complicated they may be, are capable of being determined by summary enquiry i.e by doing away with the need of a detailed and complicated method of recording evidence....

Vishwa Bharati House Building ... vs S. Anantamurthy & Anr. on 28 October, 1999 Equivalent citation

Furthermore, Section 27 of the Act also confers an additional power upon the Forum and the Commission to execute its order. The said provision is akin to Order 39 Rule 2-A of the Code of Civil Procedure or the provisions of the Contempt of Courts Act or Section 51 read with Ordered 21 Rule 37 of the Code of Civil Procedure. Section 25 should be read in conjunction with Section 27. A Parliamentary statute indisputably can create a tribunal and might say that non-compliance of its order would be punishable by way of imprisonment of fine, which can be in addition to any other mode or recover....

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