Consumer Protection Act, 1986, Section 2(1)(g) -- Medical Negligence -Non-admission of patient to hospital - The complainants failed to prove that the patient was not admitted in the hospital despite them being a vacant bed - Held that mere non-admission of a patient as an indoor patient in the hospital when there was no vacant bed available does not tantamount to medical..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Conviction of husband - Deceased married on 16.4.2001 and found dead on night of 8.3.2002 in her bed room, where deceased and appellant were sleeping - Post mortem report showed cause of death as asphyxia due to strangulation - Death is other than natural - There is no point in defence contention that fracture of hyoid..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 32 -- Trade Union leader working for the welfare of labour - Widespread labour movement - Deceased apprehended serious threat to his life from industrialists, especially from Simplex and Kedia Group of Industries - Note to this effect made in diary regrading apprehension of danger from management of..........
Motor Vehicles Act, 1988, Section 168 -- Injured a household lady of 35 years of age - She suffered one incised wound on the right side of the hip and two bruises - She remained admitted in hospital for 1-1/2 months and thereafter she remained confined to bed in her house - She suffered only 2% permanent disability - Held, Tribunal had rightly awarded Rs.30, 000/- as..........
Medical Negligence -- Surgical operation of deceased a high risk case for miral valve which was also replaced earlier and a bypass surgery - Doctors as well as the hospital staff have acted in accordance with the practice accepted as proper by medical-men skilled in that art - Doctors working in O.P. No.1 hospital were possessing degree of competence - Nursing staff have..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Trap - Acquittal by High Court - Defence of accused that PW1 visited his house and left money which was found by his servant DW4 and when he went in search of PW1 to return the money he had already left - Phenolphthalein test conducted on the hands, pyjama and bed cover proved to be..........
Medical service -- Deficiency in service - Complainant charged for A.C. Accommodation but he got bed sore and suffered from the same as his movement had to be restricted and post operative recovery was delayed - It amounts to deficiency and a sum of Rs.30,000/- awarded to the complainant as compensation...........
Insurance claim -- Repudiation - Grounds that deceased was suffering from diabetes and kidney troubles from before 8 years of death and false information was given in proposal form - Proposal form countersigned by the doctor of Insurance company who certified that the replies given are correct - Repudiation of claim on the basis of certificates of a doctor who never..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Mental cruelty - Act of living together or sharing the bed with another man - Amounts to cruelty - Marriage dissolved...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Demand and acceptance of Rs.35,000/- as bribe for registration of documents of property sale - Acquittal of accused - Decoy witness PW 2 resiled and turned hostile - Shadow witness though supported the case but was not corroborated by any other evidence - Money was recovered from beneath pillow from the bed..........
