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Saturday, August 13, 2011

Excessive charging on eatables in cinemas is permissible

AIR 2007 Delhi 137

1 (2010) CPJ 98 (delhi)



Medical Negligence - expert evidence

Parties permitted to file expert evidence in remand 1 (2010) CPJ (NC)

Expert evidence necessary - I (2009) CPJ 32 (SC) "judges are not experts in medical science, rather they are laymen". This judgments looks pro - doctors.

See also 1 (2010) CPJ 620 (Delhi SCDRC)


Arbitration clause doesn't oust jurisdiction of consumer tribunals

I (2010) CPJ 602 (UP SCDRC) at para 4/5.

Medical Negligence - no fees, no 'service'

1 (2010) CPJ 281

See also VP Shantha

Medical negligence - when does the obligation of the hospital cease

Mahendra Devi v. Subrata Patra, 2006 CTJ 401 (CP) (SCDRC)

Obligation of nursing home and its staff ceased as soon as the patient was discharged in good condition.



Inordinate Delay in passing judgment by trial court ground for setting it aside

See AIR 2001 SC 3173
1 (2010) CPJ 611 (CG-SC)


Thursday, August 11, 2011

consumer - definition

LAXMI ENG. WORKS Vs. P.S.G. INDUSTRIAL INSTITUTE reported in the AIR 1995 page 1428 and SCC 1995  (3) page 583.  - http://indiankanoon.org/doc/1433560/ 


does not include 'commercial activities'.