Supreme Court Weekly Roundup (25th Sep- 1st Oct,2023)

Judgment/OrdersMedical Negligence & Res Ipsa Loquitur | Where Negligence Is Evident, Burden Of Proof Shifts To Hospital: Supreme CourtCase Number: C.A. No. 7175/2021In a significant judgment delivered on September 26, the Supreme Court affirmed the applicability of the principle of res ipsa loquitur in the context of medical negligence cases, emphasizing its applicability in cases where negligence is evident and shifts the burden of proof onto the hospital or medical practitioners. Res ipsa loquitur means "the thing speaks for itself”.The Court affirmed this principle while awarding Rs 1.5 crore compensation to an ex-Indian Air Force official who contracted HIV during a blood transfusion at a military hospital.S. 27 Evidence Act | Discovery Can't Be Proved Against Person If He Wasn't Accused Of Any Offence & Wasn't In Custody Of Police At The Time Of Confession: Supreme CourtCase title: Rajesh v State of MPCitation: 2023 LiveLaw (SC) 814The Supreme Court has held that for a confession made to the police to be admissible under Section 27 of the Evidence Act, two essential conditions must be met: the individual must be 'accused of any offense,' and they must be in 'police custody' at the time the confession is made.The Court firmly held that "being in 'the custody of a police officer and being 'accused of an offense' are indispensable pre-requisites to render a confession made to the police admissible to a limited extent, by bringing into play the exception postulated under Section 27 of the Evidence Act."Contractor Claiming Loss Of Profits Due To Delayed Execution Must Prove That Other Works Were Lost Due To Delay: Supreme CourtCase Title: Batliboi Environmental Engineers Limited V Hindustan Petroleum Corporation Limited And AnotherCitation: 2023 LiveLaw (SC) 817The Supreme Court Bench comprising Justice Sanjiv Khanna and Justice M.M. Sundresh, has held that in arbitral proceedings where the execution of a contract is delayed and the Contractor claims loss arising from depletion of income, then the Contractor must prove that there was alternative work available for him/her by placing on record invitation to tender, which were rejected by the Contractor due to incapacity to undertake other work. The drop in turnover also must be proved through books of accounts.Material Disclosed To Income Tax Settlement Commission Needn't Be Something Which Wasn't Discovered By Assessing Officer: Supreme CourtCase Title: KOTAK MAHINDRA BANK LIMITED v. COMMISSIONER OF INCOME TAX BANGALORECitation: 2023 LiveLaw (SC) 822The Supreme Court has ruled that Section 245H of the Income Tax Act, 1961, which empowers the Settlement Commission to grant immunity from prosecution and penalty to the assessee if he has co-operated with the Settlement Commission and has made “full and true disclosure of his income”, cannot be saddled with an artificial requirement that the material “disclosed” by the assessee before the Commission must be something apart from what was “discovered” by the Assessing OfficerNEET | Can't Allow Students To Participate In 2022 Counselling For MBBS Admissions Based On 2019 Results: Supreme CourtCase Title: The Registrar-In-Charge & Ors. V. Medhasree Goswami & Ors, Civil Appeal No.6084 Of 2023Citation: 2023 LiveLaw (SC) 825A Division Bench of the Supreme Court set aside an interim order dated July 14, 2022, passed by the High Court of Calcutta, whereby it permitted/allowed medical students to participate in counselling sessions for the admission process to commence in August 2022 for the admission to the MBBS course in West Bengal University of Health Sciences based upon the results of the NEET 2019.Prioritise Cases Of HIV Positive Persons: Supreme Court Directs All Courts; Issues Directions To Centre & States To Enforce HIV ActCase Number: C.A. No. 7175/2021Citation: 2023 LiveLaw (SC) 826In a pathbreaking judgment delivered on September 26, the Supreme Court issued a series of vital directions to the Central and State Governments to ensure the effective implementation of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (HIV Act).The Court further directed all Courts, Tribunals, and quasi-judicial bodies in the country to prioritize the cases relating to HIV-infected persons for early disposal as per the mandate of Section 34(2) of the HIV Act. The Court also directed that steps should be taken to keep the identity of HIV-infected persons anonymous.'Army & Air Force Liable': Supreme Court Awards Rs 1.5 Crore Compensation To Air Veteran Who Contracted HIV During Blood TransfusionCase Number: C.A. No. 7175/2021Citation: 2023 LiveLaw (SC) 826In a significant judgment that reaffirms the principles of upholding the dignity, rights, and well-being of armed forces personnel, the Supreme Court has ruled in favor of a retired Air Veteran, holding the Indian Air Force (IAF) and the Indian Army jointly and vicariously liable for medical negligence. The appellant, who...

Supreme Court Weekly Roundup (25th Sep- 1st Oct,2023)

Suraj Parmar

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