Medical negligence -- Compensation - Surgery - For fracture on left hand - Administration of anesthesia - By non-competent person - The doctor in question did possess the medical skills expected in the field since they had no Diploma or Degree in Anesthesiology - They administered anesthesia in a non-life threatening situation and without taking due precautions and making..........
Medical negligence -- Compensation - Heart surgery - Expert opinion - Opinion of Medical Board - OP - hospital and the attending surgeons had omitted to conduct certain tests which were essential for treatment and for controlling the post - operative bleeding of the patient - This is an act of grave omission amounting to medical negligence on the part of the surgeons who..........
Medical negligence -- Compensation - Heart surgery - Expert opinion - Opinion of Medical Board - OP - hospital and the attending surgeons had omitted to conduct certain tests which were essential for treatment and for controlling the post - operative bleeding of the patient - This is an act of grave omission amounting to medical negligence on the part of the surgeons who..........
Medical negligence -- Compensation - Heart surgery - Expert opinion - Opinion of Medical Board - OP-hospital and the attending surgeons had omitted to conduct certain tests which were essential for treatment and for controlling the post-operative bleeding of the patient - This is an act of grave omission amounting to medical negligence on the part of the surgeons who were..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficiency in Court fee - Plaintiff has not only sought relief of declaration but has also sought relief of mandatory injunction - Plaintiff under garb of suit for declaration and mandatory injunction, was seeking payment of bonds which were payable on demand - Hence, he was liable to pay ad valorem..........
Airlines -- Deficiency in service - The complainant - appellant was not having a confirmed seat on Newark - Milan flight AZ - 607 - Thus, if OP 1 was unable to put the appellant/complainant on flight AZ 607 from Newark to Milan it could not be faulted for any deficiency in service - OP 1 however re - routed the appellant/complainant by flight no. AZ - 645 from Newark to..........
Airlines -- Deficiency in service - The complainant - appellant was not having a confirmed seat on Newark - Milan flight AZ - 607 - Thus, if OP 1 was unable to put the appellant/complainant on flight AZ 607 from Newark to Milan it could not be faulted for any deficiency in service - OP 1 however re - routed the appellant/complainant by flight no. AZ - 645 from Newark to..........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Medical negligence - No deficiency in service alleged against respondent No. 3 who only conducted the MRI as well as some other tests of the deceased and recommended the patient for checkup from a Super Specialty hospital of Neurosurgery as he has failed to diagnose the disease of the..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Contract Act, 1872, Section 151 -- Bonded warehouse - Deficiency in service - Vis major - Defense as to - Compensation - Awaiting clearance from the Customs authorities imported machinery stored in bonded warehouse of the OP - CWC - The consignment in question was kept in open adjacent to a place where heavy rolls..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Commercial purpose - Banking service - Withdrawal of amount from account on the basis of stolen cheques - Deficiency in service - The entire matter in the complaint filed by complainant relates to operation of a bank account maintained by a commercial organization for a commercial purpose - The complaint will..........
