Medical Negligence -- Hospitals liability - Death of the daughter of the respondent-complainant during surgery of `cleft lips' - Held that normally it is the doctors upon whom the specific allegation of negligence would be attributed - But the operation notes/progress record are silent about the names of the doctors - It Is admitted position that it was before the surgery..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Swimming pool - Membership fee paid by son of complainant to respondent No.1 Municipal Corporation - Complaint filed alleging deficiency is service as death of the son of the complainant by drowning in swimming pool allegedly due to negligence of OP's - Plea that payment of token amount for registration or..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Swimming pool - OP running service of swimming - Son of the complainant having membership by paying fee - Death by drowning of the son of the complainant in the swimming pool - Plea of the OP that there was clause that `swimmers can swim at their own risk' and son of the complainant categorised himself as swimmer..........
Medical negligence -- Termination of pregnancy of 12 weeks - Afterwards death of complainant's wife by meningitis- Evidence of two medical experts discloses that medical termination of pregnancy was not the cause of meningitis that ultimately resulted in the death - The evidence seems to suggest that the patient was already incubating meningitis at the time when the..........
Consumer Protection Act, 1986, Section 2(1),(g) -- Insurance claim - Repudiation - Plea of OP that death of the deceased was not on account of accident but it was due to illicit love affair which cannot be treated as accident repelled - Judgment of Sessions Court placed on record which indicated that the deceased died due to strangulation or drowning - Held that judgment..........
Criminal Procedure Code, 1973, Section 256 -- Complaint - Death of complainant before issuance of summons - Section 256 is not applicable - Order dismissing application of L.Rs for bringing them on record and order of dismissal of complaint set aside - Case remanded for passing appropriate orders on complaint and application...........
Indian Penal Code, 1860, Section 302 -- Accused fired from his double barrel gun and killed deceased at the spot - Enmity between family members of complainant and accused due to litigation - PWs 1 and 2 eye witnesses to the occurrence - Trial Court accepted their version - Medical evidence at variance with ocular evidence regarding time of death not fatal - Medical..........
Medical negligence -- Death of the wife of complainant, who was healthy lady of 20 yeas of age, after operation for D and C carried by appellant OP - Discharge summary relied upon by the OP shows that circulatory failure and hypertension followed the D and C and it led to the other complications and ultimately cardiac arrest - Operation carried without making preliminary..........
Indian Penal Code, 1860, Section 304A, 314, Criminal Procedure Code, 1973, Section 320 -- Death of a woman due to termination of pregnancy - FIR against doctor - Parties entering into compromise - Complainant filed affidavit that he lodged FIR due to misunderstanding and accused was not responsible for death - Held, offence not compoundable but chances of conviction bleak..........
Indian Penal Code, 1860, Section 304B -- Dowry Death - Delay of 8 days in lodging FIR - Detailed allegations by illiterate complainant - Complaint prepared at court - Father of deceased falsely stating that they were not informed about death before cremation - Held it was well thought of and deliberate document - Witnesses closely related to deceased - Marriage 11 years..........
