Medical Negligence – Actionable negligence in context of medical profession involves three constituents (i) duty to exercise due care; (ii) breach of duty and (iii) consequential damage. However, a simple lack of care, an error of judgment or an accident is not sufficient proof of negligence on part of the medical professional so long as the …
Neeraj Sud vs Jaswinder Singh 2024 INSC 825 – Medical Negligence Read More »
Summary: The appellants (Assistant Public Prosecutor and Stamp Reporter) appeared for the West Bengal Judicial Service Examination notified vide advertisement dated 17.02.2007- The selection process was completed in the year 2008, and appointments were made at relevant time. They are seeking appointment as Judicial Officers on the grounds set forth by them – Dismissing appeal, …
Sankar Kumar Das vs Hon’ble High Court, Calcutta 2024 INSC 824 Read More »
Constitution of India – Article 142 – Supreme Court can depart from the procedure as well as the substantive laws, as long as the decision is exercised based on considerations of fundamental, general and specific public policy. It has the discretion to dissolve the marriage on the ground of its irretrievable breakdown, and this discretionary power …
Indian Penal Code 1860 – Section 198-Mens rea is an essential ingredient of the offence. Only because the accused could not establish her caste claim before the Committee, one cannot conclude that the accused corruptly used the caste certificate. Moreover, corruptly using the certificate is not sufficient. The accused must have knowledge that the certificate …
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Transfer of Property Act 1882- Section 126 –The gift validly made can be suspended or revoked under certain contingencies but ordinarily it cannot be revoked, more particularly when no such right is reserved under the gift deed. – Section 126 of the Act is drafted in a peculiar way in the sense that it contains …
Motor Accident Compensation Claim – MACT determined age based on the School Leaving Certificate – High Court, while partly allowing appeal, noted that the Aadhar Card of the deceased records date of birth to be 1st January 1969; thus, the age comes to 47 years. Hence, the multiplier applicable would be 13 – Allowing appeal …
Summary: Dismissing appeal filed against order of Armed Forces Tribunal, SC observed: There is neither any illegality nor arbitrariness in giving grade pay to Artificers III to I which is more than the grade pay of Artificer IV but less than the grade pay of Chief Artificers. The Speaking Order dated 20th April 2009 refers …
Manish Kumar Rai vs Union of India 2024 INSC 815 – Read More »
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Constitution of India – Article 21 -Legal Aid-Free legal assistance for poor and indigent at the cost of the State is a fundamental right of a person under Article 21 even if the person does not seek legal assistance on his own- Right to counsel for a prisoner is a fundamental right traceable to Article …
Suhas Chakma vs Union Of India 2024 INSC 813 – Legal Aid – Read More »