Thiruvarur Hospital Can Recover ₹5 Lakh Compensation Amount From Doctors, Officials In Medical Negligence Case: Madras High Court

The Madras High Court has held that whenever loss to the State Exchequer is caused due to the negligent acts of public servants, such financial loss should be recovered from them. When the Public Officials have committed an act of negligence, lapses or dereliction of duty, the financial loss caused to the State Exchequer are to be recovered from such Public Servants, who...

Service Tax Refund Admissible On Trenching Pipeline Installed Partly In SEZ And Partly Outside But For Use In Operation Of The SEZ: CESTAT

The Ahmedabad Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that service tax refunds on trenching pipelines installed partly in SEZ and partly outside but for use in the operation of the SEZ are admissible.The two-member bench of Ramesh Nair (Judicial Member) and Raju (Technical Member) has observed that the construction service received in relation...

Confiscated Currency Need To Be Returned With Interest On Release: CESTAT

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has observed that the amount seized in cash by the authorities is to be refunded along with the interest.The bench of Rachna Gupta (Judicial Member) has observed that the appellant is entitled to a refund of interest on the principal amount at the rate of 12% from the date of its seizure.The tribunal has...

Ideal Jawa Owner Of 'Yezdi', Stoppage Of Business Doesn't Affect Rights In Trademarks: Karnataka High Court In Case Against Classic Legends

The Karnataka High Court has declared that Ideal Jawa (India) Ltd is the owner of the mark "Yezdi" (word and device) taken independently or in conjunction with other words and that the trademarks of the Company (in liquidation), remain in custodia legis of the court, as they were owned by the company prior to the time of its winding up. A single judge bench of Justice S R Krishna...

Medical Negligence - NCDRC Directs Krishna Institute Of Medical Science (KIMS) To Pay Enhanced Compensation

The NCDRC bench comprising of Dr. S.M. Kantikar as the presiding member directed the Krishna Institute of Medical Sciences Ltd. and three doctors to pay a compensation of Rs. 25 Lacs for medical negligence. The bench was hearing two appeals. One of those was filed by the Krishna Institute of Medical Sciences Ltd. and three doctors against the order of the state commission which allowed...

Delhi High Court Annual Digest 2022: Part IV [Citations 901 - 1216]

Citations 2022 LiveLaw (Del) 901 TO 2022 LiveLaw (Del) 1216Nominal IndexR.S BHARGAVA v. GOVERNMENT OF NCT OF DELHI AND ORS. 2022 LiveLaw (Del) 901PANKAJ KUMAR v. BAR COUNCIL OF DELHI AND ORS 2022 LiveLaw (Del) 902SARVJEET SINGH v. STATE(NCT OF DELHI) & ANR. 2022 LiveLaw (Del) 903RAJESH GIRI v. SUBHASH MITTAL & ORS. 2022 LiveLaw (Del) 904Curil Tradex Pvt. Ltd. Versus The Commissioner...

Delhi Legislative Assembly Has No Separate Secretarial Cadre, Speaker Can't Make Appointments To Secretariat: High Court

The Delhi High Court has observed that the Delhi Legislative Assembly has no separate secretarial cadre and thus, the Speaker or any authority under it has no competence to make appointments to the house secretariat. Justice Chandra Dhari Singh said that Article 187 of Constitution of India applies to the States for having separate secretarial staff and cannot be made applicable to Delhi which...

NCDRC Directs Kokilaben Dhirubhai Ambani Hospital And It's Doctor To Pay ₹ 40 Lacs Compensation To A Patient

The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Dr. S.M. Kantikar as the presiding member held a doctor (Opposite Part No.2) of Kokilaben Dirubhai Ambani Hospital and Medical Research Centre (Opposite Party No. 1) liable for omission and commission during the treatment of the patient. The hospital was held vicariously liable for deficiency in services....

Bombay High Court Imposes ₹5000 Cost On Law Firm For Disclosing Rape Victim's Name In Petition

The Bombay High Court recently took strong exception to the disclosure of a rape victim's name in the petition and imposed costs of Rs. 5000 on the law firm that drafted the petition. A division bench of Justices Revati Mohite Dere and Prithviraj Chavan observed that advocates often don't refrain from using the victim's name despite Section 228A of IPC mandating non-disclosure of...

Directors Not Negligent; Wrong Invocation Of Section 179 IT Act: Gujarat High Court

The Gujarat High Court has ruled that the Directors of the assessee company cannot be held negligent merely because they failed to deposit before the Assessing Officer 20% of the demand raised, so as to seek stay of demand during the pendency of an appeal before the CIT(A). Thus, the Court held that jurisdiction under Section 179 of the Income Tax Act, 1961, holding the Directors of...

Senior Advocate Designation An Honour And Privilege, Cannot Be Based On Reservation: Madras High Court Rejects Plea Seeking Quota For Women Lawyers

Dismissing a petition seeking reservation for women in designation of Senior Advocate, the Madras High Court last week observed that conferring the status of Senior Advocate on an Advocate is a privilege and not a post. Conferring the status of Senior Advocate on a Advocate qua Section 16 of 'The Advocates Act, 1961 (25 of 1961)' is clearly a privilege and not a post. Therefore,...

Delhi High Court Annual Digest 2022: Part III [Citations 599 - 900]

Citations 2022 LiveLaw (Del) 599 TO 2022 LiveLaw (Del) 900Nominal IndexAshwini Kumar Upadhyay v. Union of India 2022 LiveLaw (Del) 599Ashwini Kumar Upadhyay v. Union of India 2022 LiveLaw (Del) 600SH AWANEESH CHANDRA JHA v. ANIL PRASAD NANDA 2022 LiveLaw (Del) 601JOHNSON JACOB v. STATE 2022 LiveLaw (Del) 602DHRUV TEWARI v. DIRECTORATE OF ENFORCEMENT 2022 LiveLaw (Del) 603Gulati Enterprises...