This tag is associated with 7 posts

M. Padmanabhacharlu – Great Father

Passing Night  Relieved the life from Great Journey of 85 years  My Father’s soul rest in Great Peace with out bedridden Great Personality stands for his words and Deeds – Great Father  My father left behind him adorable Works & adoptable Life Style Work till last breathe ; Never be burden for yourself ; Save your health & … Continue reading

UNFAIR TRADE PRACTICE – QUACK DOCTOR = According to the appellant, she came across an advertisement published in a newspaper ‘Jan Satta’ dated 8.8.1993 offering treatment of the patients having fits with Ayurvedi medicine by Dr. R.K. Gupta­ respondent No.1. The advertisement impressed the appellant as the respondent No.1 claimed total cure of fits. The appellant wrote a detailed letter to respondent No.1 about her son’s fits during high fever. In response, respondent No.1 sent a letter dated 23rd November, 1993 assuring that he had specialised treatment for the problem of Prashant by Ayurvedic medicines. despite medicines being given regularly the condition of Prashant started deteriorating day by day and the fits which were occasional and occurred only during the high fever, started occurring even without fever. = he is a quack and guilty of medical negligence, criminal negligence and breach of duty as he was playing with the lives of innocent people without understanding the disease. He was prescribing Allopathic medicines, for which he was not competent to prescribe. It was, inter alia, prayed that direction be issued to respondents to pay a sum of Rs.20 lakhs as compensation; to refund the charges paid by the appellant to the respondents and to reimburse the expenses incurred by the appellant on travelling to Rishikesh and a sum of Rs.10 lakhs for undergoing termination of pregnancy. = The National Commission has already held that respondent No.1 was guilty of unfair trade practice and adopted unfair method and deceptive practice by making false statement orally as well as in writing. In view of the aforesaid finding, we hold that both Prashant and the appellant suffered physical and mental injury due to the misleading advertisement, unfair trade practice and negligence of the respondents. The appellant and Prashant thus are entitled for an enhanced compensation for the injury suffered by them. Further, we find no reason given by the National Commission for deducting 50% of the compensation amount and to deposit the same with the Consumer Legal Aid Account of the Commission. 16. We, accordingly, set aside that part of the order passed by the National Commission and enhance the amount of compensation at Rs.15 lakhs for payment in favour of the appellant with a direction to the respondents to pay the amount to the appellant within three months. The appeal is allowed but there shall be no separate order as to costs.

Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8660 OF 2009 BHANWAR KANWAR …. APPELLANT VERSUS R.K. GUPTA & ANR.  ….RESPONDENTS J UD G M E N T SUDHANSU JYOTI MUKHOPADHAYA, J. This   appeal   has   been   preferred   by   the complainant­appellant against the order and judgment dated   29th  January,   2009   passed   by   the   National Consumer   Disputes   Redressal   Commission,   New   Delhi (hereinafter   referred … Continue reading

Medical negligence- when the complainant went for abdominal treatment, the doctor while injecting saline through intravenous transfusion, she damaged the vain of the complainant which resulted into septic, and finally removal of her fore arm and as such damage awarded due to the fault of doctor. both forms confirmed and their lord ships dismissed this revision of the doctor=2. Both the fora below have come to the conclusion that her condition was due to the damage to the vain and resultant septicemia caused by negligence in the process of intravenous transfusion of saline and blood administered to the Complainant during her treatment by the revision petitioner. The complaint petition gives details of not only the medical consequences of the alleged negligence, but also resultant financial cost to the Complainant. For this, a total compensation of Rs.3.46 lakhs, was sought against which Rs.2.75 lakhs has been awarded. “Here in the present case, we also find that the chain of incident and circumstances under which the complication took place to the patient started under the care of appellant-doctor, on the basis of which there is only one inference of negligence of the appellant is drawn. Therefore, the respondent do not require to provide any further opinion of expert on the subject. The Complainant has succeeded to make out a case of negligence whereas the appellant failed to prove her innocence.”

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION                                                NEW DELHI                                                 REVISION PETITION NO. 4094 OF 2011 (Against the order dated 18.8.2011 in First Appeal No.921/2006 of the State Commission, Bihar) Dr. Amita Srivastava W/o Dr. B.K.Srivastava Mohalla: Dahiyawan District Saran at Chapra, Bihar                                                                                                             ……….Petitioner Versus   Smt. Poonam Devi W/o Dev Nath Prasad Village Rampur, District Saran at Chapra, Bihar                                                                                                             ………Respondent   BEFORE HON’BLE MR. JUSTICE V.B. GUPTA,                               PRESIDING MEMBER HON’BLE MR. … Continue reading

FAMILY LAW – JURISDICTION FAMILY LAW – MEDICAL PROCEDURES – Condition of transsexualism – Treatment of condition of transsexualism – Parental responsibility of parents to authorise treatment of transsexualism – Special medical procedure

Re:Bernadette [2010] FamCA 94 (19 January 2010) Last Updated: 1 March 2010 FAMILY COURT OF AUSTRALIA   RE: BERNADETTE (SPECIAL MEDICAL PROCEDURE) [ 2010] FamCA 94   FAMILY LAW – JURISDICTION FAMILY LAW – MEDICAL PROCEDURES – Condition of transsexualism – Treatment of condition of transsexualism – Parental responsibility of parents to authorise treatment of transsexualism … Continue reading

An Ayurveda doctor treated the patient in allopathic stream and caused the death of patient at the hands of compound er who administered salain bottle when the patient received Heart Attact.directed to pay compensation of Rs.7 lakhs.

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI    REVISION PETITION NO.  887  OF  2012 WITH I.A./1/2012(For stay)  (Against the order dated 24-11-2011 in Appeal No. A/11/454 of the State Commission, Maharashtra) Dr. R.R. Singh AVV (BOM) Regn. No. 12089 Varadan Clinic Near Pal School, Hanuman Nagar Akruli Road, Kandivali, East Mumbai – 4001010 Mumbai, Maharashtra                                              …….. Petitioner (s)                          Vs.   Pratibha P. Gamre Jeemala Chawl Hanuman Nagar Opp. … Continue reading

Dowry death – set ablaze The demand of dowry raised by the accused persons later for television and cooler could not be satisfied by the family of the deceased for financial limitations upon the death of father of the deceased. As a result, the deceased was treated with cruelty and physical assault. In fact, it ultimately led to her brutal murder at the hands of the husband and his family members. Not only this, the conduct of the accused prior to and immediately after the occurrence clearly shows that they were not innocent. Otherwise, there was no occasion for them to abscond after the body of the deceased was handed over to her relations. These circumstances, along with the circumstances stated by the Trial Court, are inconsistent with their innocence and consistent only with hypothesis that they had killed the deceased by setting her on fire. No explanation, much less a satisfactory explanation, has been rendered by the accused persons in their statements under Section 313 Cr.P.C. On the contrary, the trend of cross-examination of the prosecution witnesses and explanations given by the defence for accused Mukesh having suffered injuries on his body are patently false and not worthy of credence.

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.851 OF 2010 Rajesh Bhatnagar … Appellant Versus State of Uttarakhand … Respondent WITH CRIMINAL APPEAL NO.850 OF 2010 Mukesh Bhatnagar … Appellant Versus State of Uttarakhand … Respondent J U D G M E N T Swatanter Kumar, J. 1. Learned Second … Continue reading

No murder = The absence of any injury on any vital part and particularly the absence of external injury on the skull clearly show that the accused had not intended to cause the death of the deceased nor caused any bodily injury as was likely to cause death. It is noteworthy that the Trial court had placed heavy reliance upon the presence of blood clots below the scalp and inside the middle portion of the skull of the deceased to come to the conclusion that the death may have been caused by the injuries on the head which is a vital part of the body. The Trial Court obviously failed to note that there was no external injury reported by the doctor on any part of the head. If the respondents really intended to commit the murder of the deceased and if they were armed with weapons like Lathis and Dhariyas of which the latter is a sharp-edged weapon, it is difficult to appreciate why they would not have attacked any vital part of his body. The absence of any injury on any vital part and particularly the absence of external injury on the skull clearly show that the accused had not intended to cause the death of the deceased nor caused any bodily injury as was likely to cause death. 8. It is also difficult to attribute any knowledge to the respondents that the injuries inflicted by them were likely to cause death, the same being simple in nature. Even the doctor who conducted the post-mortem did not certify the injuries to be sufficient to cause death in the ordinary course. Such being the state of evidence, the High Court was, in our view, justified in allowing the appeal of the respondents in part and acquitting them of the charge of the murder while maintaining their conviction for the remaining offences with which they were charged. Even on the question of sentence, we do not see any compelling reason to interfere. The incident in question is more than 12 years old. The respondents have already suffered incarceration for four years which should suffice having regard to the totality of the circumstances in which the incident in question appears to have taken place. 9. In the result, this appeal fails and is hereby dismissed

  REPORTABLE     IN THE SUPREME COURT OF INDIA   CRIMINAL APPELLATE JURISDICTION   CRIMINAL APPEAL NO.316 OF 2005 State of Rajasthan …Appellant Versus Mohan Lal & Ors. …Respondents     J U D G M E N T T.S. THAKUR, J. 1. This appeal by special leave assails the correctness of the judgmentand … Continue reading

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