Showing : 251-260 of 366 Results

SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 304A-- Rashness and negligence - Culpable rashness or negligence depends directly on the question as to what is the amount of care and circumspection which a prudent and reasonable man would consider to be sufficient considering all the circumstances of the case - Criminal rashness means hazarding a..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 304A-- Negligence - Liability under criminal law - Degree of negligence is to be higher than that under civil law - While under civil law it is enough to prove that doctor did not exercise reasonable care while under criminal law it must also be proved that this negligence was gross amounting to..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Consumer Protection Act, 1986, Section 2(1)(g) , 13, Penal Code, 1860, Section 304A-- Medical negligence - Complaint regarding - Criminal complaint - Procedure - 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..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482-- Medical negligence - Two views by medical experts - One view that there was negligence and another view that there was no negligence - Which opinion would ultimately prevail is essentially a question to be determined by trial Court after evidence is led by both the parties at the trial - Appeal..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 482, Penal Code, 1860, Section 304A-- Quashing proceedings - Medical negligence - Death of child - Two sets of opinions; one in favour of the complainant and another in favour of the appellants - Which opinion would prevail is essentially a question to be determined by the learned Trial Judge upon considering the evidence adduced by..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 279, 304A, Criminal Procedure Code, 1973, Section 320-- Non compoundable offence - Compromise - Conviction u/ss 279 & 304-A IPC - Compromise during pendency of appeal in Supreme Court - Parties allowed to compromise - Conviction maintained - Fine enhanced from Rs.2, 000/- to Rs.20, 000/- to be paid to parents of deceased - Sentence reduced to period..........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482-- Death due to rash and negligent act - Complaint - Quashing thereof - Final report was accepted and protest petition was rejected by Magistrate - Sessions Court directed further investigation - Legality of - Held, parties have compromised and complainant categorically submitted that she does not..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 304A-- Medical negligence - A professional is liable for negligence on one of the two findings viz. either he was not possessed of the requisite skill which he professed to have possessed, or, he did not exercise with reasonable competence in the given case, the skill which he did possess - It is not..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 304A-- Medical negligence - A practitioner must bring to his task a reasonable degree of skill and knowledge, and must exercise a reasonable degree of care - Deviation from normal practice is not necessarily evidence of negligence - Mere accident is also not evidence of negligence - Also an error of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 304A-- Medical negligence - Complaint to be entertained only after prima facie evidence is produced in Court in the form of credible opinion given by another competent doctor to support the charge of rashness or negligence on the part of the accused doctor...........

Showing : 251-260 of 366 Results