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  • Article

    FEMA NDI Amendment Rules Notified: Press Note 2 Of 2026, In Relation To Investments From Countries Sharing Land Borders With India, Now Operational

    Argus Partners presents its office locations and legal disclaimer, outlining the Bar Council of India's restrictions on advocate solicitation and advertising.
    IndiaCorporate/Commercial Law
    Argus Partners
    Argus Partners
  • Article

    Supreme Court Upholds Survival Of Medical Negligence Claims Against A Deceased Doctor's Estate

    In a significant ruling, the Supreme Court in Kumud Lall v. Suresh Chandra Roy held that the death of an alleged negligent doctor does not automatically extinguish a medical negligence claim against him. The Court held that claims relating to medical expenses and other pecuniary losses may survive against the deceased doctor's estate, whereas purely personal claims (against causing pain and suffering and other personal injuries) may not survive.
India
Litigation, Mediation & Arbitration
LexCounsel
LexCounsel
  • Article

    The NCDRC Has Emphasized That Medical Professionals Should Use Reasonable Treatment Methods, Even When Multiple Medical Approaches Are Available

    The National Consumer Disputes Redressal Commission, led by Justice Ram Surat Maurya and Mr. Bharatkumar Pandya, ruled that while various medical treatments are permissible, medical professionals must ensure their methods are reasonable.
    IndiaFood, Drugs, Healthcare, Life Sciences
    The Law Suits
    The Law Suits
  • Article

    Negligence, Not Defect: Karnataka Consumer Commission Trashes Honda Amaze Engine-Seizure Claim

    In a sharp reminder that a mere mishap does not morph into a manufacturing defect, the Karnataka State Consumer Disputes Redressal Commission (Principal Bench, Bengaluru) on 5 January 2025...
    IndiaConsumer Protection
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Healthcare | September And October 2024 - Case Laws

    The Kerala High Court, in the case of Celinamol Mathew vs. State of Kerala1, has opined that nurses in Government service and in private hospitals should also get protection...
    IndiaFood, Drugs, Healthcare, Life Sciences
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Supreme Court Clarifies Insurer Liability In Tractor-Trailer Accidents: Royal Sundaram v. Honnamma

    In a significant decision, the Supreme Court of India in The Royal Sundaram Alliance Insurance Company Limited v. Smt. Honnamma & Ors upheld the High Court's direction...
    IndiaInsurance
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Doping: A Violation Of Sporting Rules Or A Legal Offence?

    When an athlete wins a medal, spectators usually see only his or her hard work and dedication. However, modern sport is no longer confined merely to the playing field.
    GlobalLitigation, Mediation & Arbitration
    Gurinder & Partners
    Gurinder & Partners
  • Article

    Medical Negligence – A Legal Bite

    Medical negligence is the breach of a duty of care by an act of omission or commission by a medical professional of ordinary prudence. Actionable medical negligence is the neglect in exercising a reasonable degree...
    IndiaLitigation, Mediation & Arbitration
    Ethical Legal Consultants
    Ethical Legal Consultants
  • Article

    Supreme Court On Medical Negligence: NCDRC Cannot Create A New Case Beyond Pleadings

    The Supreme Court of India, in Deep Nursing Home and Another v. Manmeet Singh Mattewal and Others (2025 INSC 1094), delivered on 9 September 2025...
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    The Law, Medical Malpractice And A Global Pandemic

    August 30, 2020 marks seven months since the declaration of a global health emergency, Covid-19.
    IndiaFood, Drugs, Healthcare, Life Sciences
    Karanjawala & Company
    Karanjawala & Company
  • Article

    Contours Of Urgent Interim Relief Under Pre-Institution Mediation

    Since its introduction by way of an amendment in 2018, Section 12A of Commercial Courts Act, 2015 (Act) has garnered significant attention, specifically regarding the mandatory requirement for pre-institution mediation.
    IndiaLitigation, Mediation & Arbitration
    Acuity Law
    Acuity Law
  • Article

    Kerala Consumer Commission Holds Eureka Forbes Liable For Service Deficiency Under CPA, 2019

    In Augstine K.A. v. Eureka Forbes Ltd. & Ors. (CC No. 927 of 2023), the District Consumer Disputes Redressal Commission, Ernakulam...
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    "A Physician Cannot Assure The Patient Of Full Recovery In Every Case " – Reaffirmed By The Supreme Court

    The present appeal before the Supreme Court was filed by the Appellant against the final judgment and order dated 01.09.2009
    IndiaLitigation, Mediation & Arbitration
    S&A Law Offices
    S&A Law Offices
  • Article

    Drawing The Line Between Medical Error And Criminal Negligence

    The decision of the Hon'ble Punjab and Haryana High Court in Vijay Kumar Dhawan and others v. Gurpreet Singh...
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Medical Negligence Legal Principles

    The Apex Court has also cited various judgments determining the fundamental aspect required in a medical negligence case.
    IndiaLitigation, Mediation & Arbitration
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Hospital Cannot Claim Protection Under Insurance Obtained By Doctors Against Claims Of Professional Negligence: Supreme Court Of India

    The Hon'ble Supreme Court in a recent judgment in Sheth M L Vaduwala Eye Hospital v. Oriental Insurance Company Limited and Ors. held that a hospital could not claim to be indemnified under an insurance issued ...
    IndiaInsurance
    Phoenix Legal
    Phoenix Legal
  • Article

    The Supreme Court On Patient’s Consent In Medical Cases

    There are relatively few reported cases at the level of the Supreme Court on the question of obtaining a patient’s consent.
    IndiaInsurance
    Tuli & Co
    Tuli & Co
  • Article

    Would Lack Of ‘Mens Rea' Constitute Medical Negligence? Supreme Court Says YES

    To declare any act as a criminal offence, it must consist of two elements - Actus Reus (a guilty act) and Mens Rea (intention or knowledge of wrong-doing).
    IndiaLitigation, Mediation & Arbitration
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Bharatiya Nyaya Sanhita, 2023

    The Indian Penal Code of 1860, the Code of Criminal Procedure of 1973, and the Indian Evidence Act of 1872 formed the bedrock of India's criminal justice system.
    IndiaCriminal Law
    J.P. Associates
    J.P. Associates
  • Article

    Supreme Court Of India On Contributory Negligence And Future Income In Motor Accident Claims: An Analysis Of S. Mohammed Hakkim V. National Insurance Co. Ltd. & Ors.

    The Supreme Court of India's decision in S. Mohammed Hakkim v. National Insurance Co. Ltd. & Ors. marks an important development in motor accident compensation law. The Court enhanced the appellant's compensation...
    IndiaInsurance
    IndiaLaw LLP
    IndiaLaw LLP
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