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...Indian Medical Association Vs. V.P. Santha & Others, reported in 1995-SCR SUPP5-110, 1995-CTJ-3-969. the service of the medical practitioner/ medical...Consumer Protection Act and moreover when the said case was decided by the Honble Supreme Court, at that point of time medical service did not come within the...
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(xvii) Distinguishing the decision of this Court in Indian Medical Association vs. ...1986 or 2019.
21. Of course, we are conscious of the decision in Indian Medical Association ...Indian Medical Association vs. V.P Shantha (supra) deserves to be revisited and considered by a larger bench. We, therefore refe...
...clue from the judgment of Honbe Supreme Court in the case of Indian Medical Association Vs. V.P. Shantha & Ors., that doctors and...(1995) CPJIMA Vs. V.P. Shantha 1 SC wherein, it was held that the treatment given by a doctor of government hospital, which was a free service therefore, no liability...OP-2 i.e. G.S.V.M. Medical College, Kanpur. He was treated by Dr. R. Nath/Respondent no. 11 (R-1). The R-1 operated him for reactive Osteoarthritis. Thereafter, there was pus discharge, hence...
...to the said Doctors. In the case of Indian Medical Association vs- V.P. Santha (Supra), Honble Apex Court has considered the issue as to whether service rendered by Govt. Hospital is service under the...medical treatment on payment of charges. It has been held in a case reported in Indian Medical Association vs- V.P. Santha (Supra), Honble Apex Court has observed that service rendered free of cha...during the patients treatment, he failed to follow the standard of medical care. The Complainant has further contended that the O.P No.1 Dr. Swapan Sarkar has not given proper advice and treatment and it...
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...Consumer Protection Act vide Indian Medical Association vs. V.P...Indian Medical Association vs. V.P. Shantha (Supra) should not be understood to mean that doctors should be harassed merely because their...Sanjeevan Medical [Crl M C No. Research Centre (Private) Ltd. & Ors. Vs. State Of NCT of Delhi & Anr 2358/2010] vide their order dated...
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It is argued that the matter is set at rest after the historic Judgment of Indian Medical Association VS V.P. Shantha in ...any system of deferred payment and includes any beneficiaries of such service ……………….."
In the Judgment of Indian Medical Association VS...O.Ps. for treatment of his wife.
With due regard to the decision of the Honble Supreme Court passed in Indian Medical Association VS ...
...Indian Medical Association VS V.P. Shantha in 1995 wherein specific guideline had been made. We have gone through the materials on record. Ad...……………….."
In the Judgment of Indian Medical Association VS V.P. Shantha in 1995, the Hon'ble Supreme Court has been pleased...Court passed in Indian Medical Association VS V.P. Shantha in 1995, we hold that the complainant is not a consumer as he did not hire the...
...decided in the case of Indian Medical Association Vs. V.P. Shantha & Ors.[1996 6 SCC 651],wherein it was held that...Supreme Court in the case of Laxman Thamappa Kotgiri Vs. G.M. Central Railway & Ors. [(2007) 4 Supreme Court Cases 596]. Learned...: imilarly, where, as a part of the conditions of service, the employer bears the expenses of medical treatment of an employee and his family members dependent on him, the service rendered to such an...
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...between them. Therefore, in view of the ruling laid down by the Hon'ble Supreme Court in Indian Medical Association Vs. V.P. Santha & Ors.,
3....) …….. Appellant. Versus
1- Union of India, Ministry of Health, Welfare & General Health Services, New Delhi through its Secretary. 2- Incharge Medical...Secretary, Ministry of Health, Welfare & General Health Services, New Delhi, Medical Officer Incharge, R.K. Nagar Dispensary, CGHS, Kanpur and Additional Director, CGHS Services, Kanpur although the...
...Medical Association Vs V.P. Shantha (1995) 6 SCC 651, the Hon'ble Supreme Court has decided that the skill of a...of medical professionals. We put reliance upon, the case of Dr. Laxman Balkrishna Vs Dr. Trimbak, AIR 1969 SC 128, Hon'ble Supreme Court has held the above view. In the case of Indian...expert skill. It is sufficient if he exercising that particular art. In "Spring Meadows Hospital Vs Harjot Abluwalia" Air...
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.... Learned State Commission placed reliance on judgment of Honble Apex Court in Law Finder Doc Id # 71349 = 1996 (1) Consumer Law Today 1 (SC) Indian Medical Association Vs. V.P. Shantha...& Anr. Sub Divisional Hospital, Vill&PO-Lalbagh Murshidabad
West Bengal
2. Dr. Basab Saha, Obstetrician & Gynacologist, Medical...decision of the National Consumer Disputes Redressal Commission reported in Major Singh vs State of Punjab & Ors. on 5thNovember, 2014. Ld. Advocate for the OPs drew our...
...of the propositions, learned Counsel has placed reliance on a decision of Honble Supreme Court in .Indian Medical Association Vs. V.P. Shantha... After addressing us for some time, Mr. R.K. Gupta, learned Counsel appearing for the All India Institute of Medical Sciences, the Appellant herein, prays for adjournment to place on...record the relevant medical records of the case. Having regard to the fact that this Appeal is pending for over 7 years and the Complaint, giving rise to the present Appeal, was filed as...
.... Operation . We can not say for that purpose the Complainant is a consumer as per C.P. Act, 1986. There is a land mark decision of the Supreme Court decided in Indian Medical Association Vs. ...reported in (1995) 6 SCC 651 in which the Hon'ble Apex Court held that Service rendered free of charge by a medical practitioner attached to a hospital / Nursing home or a medical...
...passed by the Fora below do not suffer from any jurisdictional error, particularly in light of the observations by the Hon'ble Supreme Court in Indian Medical Association vs. V.P. Shanta...Kotgiri vs. G.M. Central Railway - (2007) 4 SCC 596 and a decision of this Commission in Pravat Kumar Mukherjee & Anr vs. Ruby General Hospital - II...
...(1995) 6 SCC 651 Indian Medical Association Vs. V.P. Shantha & Ors. In this j...reliance on the judgment passed in the case of Dr. Sulekha Vs. S. Jayan & Ors. decided on 24.08.15 wherein Honble NCDRC has referred to a judgment of Honble Apex Court in...
...in AIR 1996 Supreme Court 550 in a case between Indian Medical Association Vs. V.P. Shantha and others have laid down...: POINT NO. 1 :
4. The pertinent question creeps in whether the instant complaint comes within the purview of medical negligence. Honble Apex Court in the land mark decision reported...