Medical Negligence; Treatment Not Successful, Doctor Cannot Always Be Blamed, NCDRC.

The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Justice R. K. Agrawal as President and Dr. S. M. Kantikar as Member disposed of an appeal that arose out of a consumer complaint filed by an individual(complainant) accusing his doctor (Opposite Party No.1) and the hospital (Opposite Party No. 2) of medical negligence. The complainant first served a legal notice...

Kerala High Court Upholds Grant Of Maintenance To Wife Who Voluntarily Left Husband, Failed To Prove Cruelty Charge Against Him

The Kerala High Court recently observed the wife not being able to lead a peaceful life in matrimonial home, in view of the particular circumstances there, may not always be 'cruelty' but could be a reasonable ground to deny 'joint residence' and same does not grant the husband any discretion to deny payment of maintenance. Justice A. Badharudeen, while dealing with an argument that wife may...

CESTAT Allows Cenvat Credit On Parts For Efficient Functioning Of Machine For Sugar Production

The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has allowed the cenvat credit on parts for the efficient functioning of machines for manufacturing.The bench of Ajay Sharma (Judicial Member) has observed that the appellant is justified in availing the Cenvat credit on various items, namely, S.S. Welding Tube, Steel, Tubes, Alloy Steel Pipe, Prime HR Steel...

MHRM Degree Not Equivalent To MBA, Equivalence Of Qualification To Be Determined By Recruiting Authority: Chhattisgarh High Court

The Chhattisgarh High Court has reiterated that the determination of equivalence of degrees being a matter of academic expertise, does not lie within the domain of a writ court but with the recruiting authority.Relying on the Supreme Court decision in Zahoor Ahmad Rather & Ors v. Sheikh Imtiyaz Ahmad & Ors, Justice Narendra Kumar Vyas said equivalence of a qualification is not a...

Telangana High Court Transfers BRS MLA Poaching Case To Central Bureau of Investigation (CBI)

The Telangana High Court today transferred the probe into a case related to the alleged attempts to poach 4 MLAs of the Bharat Rashtra Samithi (formerly Telangana Rashtra Samithi), to the Central Bureau of Investigation (CBI). The bench of Justice B. Vijaysen Reddy passed this order while dissolving the Special Investigation Team (SIT) which was probing the case till now. This development...

NIA Act | High Court Can Condone Delay In Filing Appeal Even Beyond 90 Days In Appropriate Cases: JKL High Court

Ruling that the word "shall" used in second proviso to sub-Section 5 of Section 21 of the National Investigation Agency (NIA) Act must be read as "may", the J&K&L High Court recently said that High Court shall have the discretion to condone the delay in filing appeal even beyond the period of 90 days in appropriate cases, provided the appellant satisfies the court that he had...

IT Act | Challenge To Notice Under S.226, Without Challenge To Demand Under S.200A, Not Maintainable: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court on Tuesday ruled that a challenge to the notices issued by the Assessing authority under Section 226 (3), without challenging the intimation of demand made by the Assessing authority under Section 200A of the Income Tax Act is not maintainable. The observations were made by Justices Sanjeev Kumar and Moksha Khajuria Kazmi while hearing a...

Delhi High Court Annual Digest 2022: Part II [Citations 301 - 598]

Citations 2022 LiveLaw (Del) 301 To 2022 LiveLaw (Del) 598Nominal IndexRed Bull AG v PepsiCo India Holdings Pvt Ltd & Anr 2022 LiveLaw (Del) 301Commissioner of Income Tax (Exemptions) Delhi versus Hamdard National Foundation (India) 2022 LiveLaw (Del) 302Mahek Maheshwari v. Union of India & Ors. 2022 LiveLaw (Del) 303MANSI GUPTA v. PREM AMAR & ANR 2022 LiveLaw (Del) 304RAJENDER...

Delhi High Court Annual Digest 2022: Part I [Citations 1 - 300]

CITATIONS 2022 LiveLaw (Del) 1 TO 2022 LiveLaw (Del) 300Nominal IndexRAKESH KUMAR v. VIJAYANTA ARYA (DCP) AND ORS 2022 LiveLaw (Del) 1xyz v. GNCTD 2022 LiveLaw (Del) 2FUTURE RETAIL LTD. Vs. AMAZON.COM NV INVESTMENT HOLDINGS LLC & ORS. 2022 LiveLaw (Del) 3VANDANA SINGH v. SATISH KUMAR 2022 LiveLaw (Del) 4CHARU SONEJA v. STATE (NCT OF DELHI) AND ORS 2022 LiveLaw (Del) 5BHIKAM MASIH v. M/S...

Bombay High Court Weekly Round-Up: December 19 To December 25, 2022

Nominal Index [Citations 501-517] 1. Bharatiya Bhavan Co-operative Housing Society Ltd. v. Krishna Harinarayan Bajaj, 2022 LiveLaw (Bom) 501 2. Delfina Gonsalves v. Felix Gonsalves 2022 LiveLaw (Bom) 502 3. C.H. Sharma and Ors v. State of Maharashtra and Ors. 2022 LiveLaw (Bom) 503 4. Principal Commissioner of Income Tax v. M/s. Vardhan...

12 Years After Murder Conviction, Madhya Pradesh High Court Acquits Man Convicted For Wife's Alleged Murder

More than 12 years after the trial court verdict, the High Court of Madhya Pradesh recently acquitted a murder convict on the ground that the prosecution story was not in sync with the site map prepared by the police. The division bench comprising Justices Sujoy Paul and Prakash Chandra Gupta observed that no matter how strong the suspension, it cannot be relied upon as proof. "So...

Delhi High Court Monthly Digest: December 2022 [Citations 1135 - 1215]

Citations 2022 LiveLaw (Del) 1135 TO 2022 LiveLaw (Del) 1215NOMINAL INDEXSOCIAL JURIST, A CIVIL RIGHTS GROUP v. KENDRIYA VIDYALAYA SANGATHAN & ANR. 2022 LiveLaw (Del) 1135JUSTICE FOR ALL v. HONBLE LG OF DELHI AND ORS 2022 LiveLaw (Del) 1136Web Overseas Limited versus Universal Industrial Plants Manufacturing Company Private Limited 2022 LiveLaw (Del) 1137INSOLVENCY AND BANKRUPTCY BOARD...