By: Ashok Kini 15 Feb 2019 6:30 AM GMT “In a specific case where unreasonableness in professional conduct has been proven with regard to the circumstances of that case, a professional cannot escape liability for medical evidence merely by relying on a body of professional opinion.” Our law must take into account advances in medical science and ensure that a patient-centric approach is adopted, observed Justice Chandrachud in a judgment delivered last month. The Apex Court bench, also comprising of Justice Hemant Gupta, was considering an appeal against an order of National Consumer Disputes Redressal Commission that had set aside an order of the Madhya Pradesh State Consumer Disputes Redressal Commission holding Doctor and Director of a Hospital guilty of medical negligence.Madhu Manglik, who was diagnosed with dengue fever, was admitted in a Hospital in Bhopal. After she died, her husband filed a complaint before the SCDRC seeking compensation in the … [Read more...] about Law Must Adopt Patient Centric Approach :SC Awards 15L Compensation To The Husband Of Medical Negligence Victim [Read Judgment]
Sc latest judgments
By: ashok kini 2019-01-08 08:32:15.0 In what can be unhesitatingly termed as a 'Per Incuriam' judgment, the Supreme Court on Monday held that a teacher, irrespective of the type of educational institute he/she is working, is not an 'employee' under Section 2(e) of the Payment of Gratuity Act and, therefore, has no right to invoke the Act for claiming gratuity from his/her employer. Per Incuriam judgment is the one which is decided without reference to a statutory provision or earlier judgment which would have been relevant. This is a classic case of a per incuriam judgment which did not notice an explicit statutory amendment. Ahmedabad Private Primary Teachers' Assn Judgment As noticed by the bench, it is true that in Ahmedabad Private Primary Teachers' Association case, the Supreme Court ruled that teachers are not entitled to gratuity under the payment of Gratuity Act, 1972 as they do not fall within description of definition of "employee" under Section 2(e) of the … [Read more...] about Why Latest SC Judgment Denying Gratuity To Teachers Is ‘Per Incuriam’ ?
Share Tweet Plus One Pin It Email Print By: Apoorva Mandhani December 7, 2018 11:14 am Change Font Size The Supreme Court, on Thursday, directed the state government to take over privately owned Shridev Suman Subharti Medical College in Uttarakhand within 24 hours, after its students complained of lack of infrastructure and teaching faculty therein. The order was passed by a bench comprising Justice RF Nariman and Justice MR Shah on a petition filed by the students who were admitted to the first year MBBS Course in the college. They had alleged that despite one year has passed, the college has not got its act together and that they should, therefore, be transferred to any other college in the State. During the hearing, the court was informed by Deputy Advocate General for the State of Uttarakhand, Mr. JK Sethi, that the State Government would be willing to take over the college, along with its infrastructure, assets and students. He informed the court that this way, … [Read more...] about SC Directs Uttarakhand Govt To Take Over Pvt Medical College After Students Complain Of Shortcomings [Read Order]
Share Tweet Plus One Pin It Email Print By: Apoorva Mandhani November 30, 2018 8:07 pm Change Font Size The Supreme Court, on Thursday, asserted that it was the “constitutional duty and responsibility” of the Government of NCT of Delhi to ensure that 167 additional court rooms are available when the newly appointed judges would be ready to start working by June/July, 2020. A bench comprising Chief Justice of India Ranjan Gogoi, Justice Sanjay Kishan Kaul and Justice KM Joseph ordered that this should be done, if required, by taking suitable premises on rent or lease. During the hearing, the court perused an affidavit filed by the Registrar General of Delhi High Court, who had stated that the advertisement for filling up 50 posts of Civil Judge Junior Division dated November 14, 2018 had been modified to increase the number of posts to 147. The Registrar General had further submitted that he expects the process of appointment to be completed within a period … [Read more...] about Rent, Lease Or Construct: SC Orders Delhi Govt To Ensure 167 Functional Additional Courtrooms By June/July 2020
Share Tweet Plus One Pin It Email Print By: Live Law News Network November 14, 2018 4:15 pm Change Font Size After an eventful hearing which crossed three and half hours, the three judges bench of Supreme Court comprising Chief Justice Ranjan Gogoi, Justices S K Kaul and K M Joseph has reserved judgment on the petitions questioning the Rafale deal and seeking court-monitored CBI probe into it. The Court elaborately quizzed the Attorney General about the procurement process, offset conditions, inter governmental agreement etc of the deal. In the post lunch session, the Attorney General admitted in the Court that the there was no sovereign guarantee from the French government for the deal. However, the AG added that France has issued a ‘letter of comfort’ for the deal with Dassault Aviation for the procurement of 36 Rafale aircraft. Justice K M Joseph asked the Attorney General as to how the Prime Minister could announce the new deal in April 2015, when the … [Read more...] about “No Sovereign Guarantee From France For Rafale Deal”, AG Tells SC; Court Reserves Verdict