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Smt. Savita Garg vs The Director, National Heart ... on 12 October, 2004Author: A Mathur Bench: B.N.Agrawal, A.K.Mathur CASE NO.:Appeal (civil) 4024 of 2003 DATE OF JUDGMENT: 12/10/2004 Law lay down An error of non-joinder of necessary the party cannot result in dismissal of the original Petition for non-joinder of party. !) “The National Commission shall, in the disposal of any complaints or any proceedings before it, have the power of a civil court and can direct the parties to disclose the name and other particulars of treating doctor if not known to the complainant.” !!) “So far as the law with regard to the non-joinder of necessary party under Code of Civil Procedure, Order 1 Rule 9 and Order 1 Rule 10 of the CPC is concerned, no suit shall fail because of mis-joinder or non-joinder of parties.Even if the concerned doctor and the nursing staff who were looking after the deceased have not been impleaded as opposite parties, it cannot result in dismissal of the original petition as a whole.” !!!)Since the burden is on the hospital to prove not guilty, they can discharge the same by producing treating doctor of the patient in defense to substantiate their allegation that there was no negligence !V) The hospitals are institutions, people expect better and efficient service, if the hospital fails to discharge their duties through their doctors being employed on job basis or employed on contract basis, it is the hospital which has to justify and by not impleading a particular doctor will not absolve the hospital of their responsibilities....

The material available on internet is not all the time authentic or tested through established parameters and standard. For example some literature regarding legal or medical theory is put on net by a person expressing his view point which is yet in experiment stage but the author strongly believes his views .Until and unless his views undergo some tests and becomes established norms in the particular field, it is yet a view only. But a person searching internet for everything does not bother to choose original website for the subject and gets copied information through search engines which is not direct information. This literature if provided as an expert opinion in medical case or legal case, it shall not be entertained by the courts but client press for the same before the advocate or doctor while giving his case to the professional....

he above provisions are made for protection of medical practitioners against any harm by any person or persons or mob to them or to their property or even to their right as tenant ensured under the law. This law nowhere talks of or explains or curtails anything in obligations, responsibilities or duty of the doctors to the patient. They are not relaxed or allowed to compromise with their professional services to the patient. Under the circumstances if they are negligent in performing their duty causing damage or harm to the patient, they are not to get any immunity for the same under the new provisions added up to the Epidemic Disease Act of 1897 .They are liable under Consumer Protection Act which is a separate law governing only the services they render to their patients whereas amended Epidemic law provides for punishment to those who commits offence against doctors....

Petition moved by one Vinod Kumar, challenging RERA's circular dated May 13, 2020 extending the period of validity of registration of projects by six months 1. Alleged that the circular was issued to give relief to those projects whose registration was expiring on or before March 15, 2020, by treating the Covid crisis as a 'Force Majeure' 2. Those projects whose registration has expired long back had been extended by six months. 3. Due to this, he submitted, several small-time home buyers were suffering as the builders had stopped work. 4. Power to issue circulars/ notifications of this nature vests in the State Government and not in the adjudicatory bodies. At best, RERA could have entertained an application under Section 84 or 85 of the RERA, 2016. However, no such application was moved in the instant case. 5. The bench of Justice Rajan Gupta and Justice Karamjit Singh was "surprised" that the RERA had provided blanket extension to all projects, including those that had expired long back.4....

!)The National Commission in M/s. Special Machines, Karnal v. Punjab National Bank & Ors., as reported in I (1991) CPJ 78, held that ‘when the subject matter of a complaint was sub-judice before a Civil Court, the Commission could not interfere.’ !!)A similar view has been taken in ‘Lilly Chaoyin v. CMD, Tamilnadu Industrial Investment Corporation & Ors. by the Tamilnadu State Commission, as reported in II (1995) CPJ 209. In view of the above discussions ,it stands clear that no one can opt for two remedies for the same cause and cannot be benefitted twice for the same loss....

Surveyor is appointed by insurance company under the provisions of Insurance Act 1938 and the report of surveyor cannot be brushed away without any cogent reason.Estimate given by a private party like authorized service center cannot stand good against an independent assessor appointed under law. Unless there is some evidence against such report of malafide, incomplete or any other reason...

Force mejore clause not acceptable on both counts-non approval and direction to stop work. Non approval should have been forseen by builder when taking up such project . Direction to stop construction by the state was done because of accidents taking place on the site for safety negligence ,this was due to insufficient safety measures and due to builders default...

Obligations set for e commerce entities under new act – 1. Must display its legal name, address of its headquarters and all branches; website;Contact details 2. The entity must provide information relating to return, refund, exchange, warranty and guarantee, delivery and shipment, grievance redressal mechanism, ticket number for each complaint lodged to track its status and any other similar information; 3. The entity must also provide available modes of payment and their security, procedure to cancel payments, applicable fees and charges, charge back option and contact information of the relevant payment service provider...

d)What cannot be negligence · If followed all medical norms&three steps · Doctor not guarantor · Error of judgement differt from wrong diagnosis · Factors contributing slow treatment e)What is res ipsa loquitur [ A thing speaks of itself]- in case any instrument left in the body ,a wrong part removed , allopathic treatment given by a homeopathic doctor etc...

Doctor negligently operated only the right fallopian tube and had left the left fallopian tube untouched. The patient was informed that the operation was successful and was assured that she would not conceive a child in future. This negligence when results into birth of an unwanted child to a woman, was considered a case of medical negligence....

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