Legal Update as on 29.12.2022

legal-updates
  1. NCDRC – DOCTORS ARE NOT LIABLE FOR NEGLIGENCE AS LONG AS THEY ADHERE TO ETHICAL STANDARDS. – According to the National Consumer Dispute Redressal Commission (NCDRC), a doctor cannot be held accountable for negligence just because something went wrong accidentally or due to poor judgment as long as he adheres to medical practice accepted at the time.
    SMT. MAMTA AGARWAL & ORS. V. BOMBAY HOSPITAL MEDICAL RESEARCH CENTRE & ORS. (CONSUMER CASE NO. 361 OF 2001)
  1. CHILD SEXUAL ABUSE CASE STATUS REPORTS SHOULD BE FILED WITH THE HC’S JJC, GAUHATI HC IS TO STATE. The Gauhati High Court ordered the State and the Assam State Commission for the Protection of Child Rights to report any such incident to the Juvenile Justice Committee (JJC) of the Gauhati High Court every six months as part of its directives for a thorough investigation in cases involving child sexual abuse.
    XXXX V. IN RE-THE STATE OF ASSAM & ORS.
  1. J&K&L HC – EXPERTS SHOULD BE USED TO DETERMINE MEDICAL NEGLIGENCE – According to the Jammu and Kashmir and Ladakh High Court, it is a well-established legal principle that only field specialists can certify whether the doctor was negligent or not.
    POOJA SHARMA & ORS VS STATE OF J&K & ORS.
  1. SEC – NOTIFY ULB POLLS WITHOUT OBC QUOTA FROM ALLAHABAD HC TO SEC – The Allahabad High Court has ordered the State Election Commission (SEC) to immediately notify the Urban Local Body (ULB) Polls sans OBC reservation and shall include the reservation for women while noting that the State Government does not comply with the Triple Test Formality.
    VAIBHAV PANDEY VS. STATE OF U.P. THRU. PRIN. SECY. DEPTT.
  1. J&K&L HC REJECTS THE APPEAL FOR REIMBURSEMENT UNDER THE PM SPECIAL SCHOLARSHIP SCHEME – The Jammu & Kashmir and Ladakh High Court has denied a Jaipur-based university’s request for reimbursement for the costs it incurred after accepting Jammu & Kashmir residents under the Prime Minister’s Special Scholarship Scheme for J&K Students for tuition, hostel fees, and book costs.
    SURESH GYAN VIHAR UNIVERSITY VS UNION OF INDIA & ORS.

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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