...counsel for the parties and the intervenors have centred around two issues: (i) is there a difference in civil and criminal law on the concept of negligence?; and (ii) whether a different standard is...professional can expect. Judged by this standard, a professional may be held liable for negligence on one of two findings: either he was not possessed of the requisite skill which he professed to have...medical negligence. In tort, it is enough for the defendant to show that the standard of care and the skill attained was that of the ordinary competent medical practitioner exercising an ordinary degree...

...reasonable competence. This is what the entire person approaching the professional can expect. Judged by this standard, a professional may be held liable for negligence on one of two findings: either...in Ganga Ram Hospital, Delhi for removal of stones which had slipped in CBD. It was alleged that all these ailments were incurred due to the negligence of the appellant, who did not perform the surgery...properly and rather performed the surgery carelessly leaving behind for Respondent 1 only mental agony, pain, harassment and money loss and hence she filed a complaint to claim the reasonable amount...

...treatment. A breach of any of those duties may lead to an action for negligence by the patient. The State Forum also relied on a decision of this Court in...doctor is not negligent merely because his conclusion differs from that of other professional men. It was also made clear that the true test for establishing negligence in diagnosis or treatment on the...(2005) 6 SCC 1, made a clear distinction between degree of negligence in criminal law and civil law where normally liability for damages is fastened. His...

...parties, appellant had to fend for himself. The contention is that the appellant did not apply in time for permission to seek help of another government servant of the Department or a co-worker to defend..., the Presenting Officer applied for and obtained an order separating the enquiry and thereafter proceeded to examine co-delinquent Duni Chand as a witness against the present appellant. Thereafter, the...state that he confessed that 17 trees felled by him stood in the government forest land and he was bound to pay the compensation for the same and it is an admitted position that he in fact paid Rs...

...bidi or cigar is rejected as sub-standard or chhat or otherwise on any ground other than the ground of wilful negligence of the worker, the worker shall be paid wages for the bidis or cigars so...from the workers including a home worker and that where any bidi or cigar is rejected as sub-standard or chhat or otherwise on any ground other than the ground of wilful negligence of the worker, the...shall ordinarily reject as sub-standard or chhat or otherwise more than five per cent. of the bidis or cigars, or both, received from a worker including a home worker. (2) Where any...

...Maharashtra Rules further provides that where any beedi or cigar is rejected as sub-standard or chhat or otherwise on any ground other than the ground of wilful negligence of the worker, the worker shall be...the Kerala Rules have nothing corresponding to Maharashtra Rule 37(2) requiring payment at half the rates for beedis rejected as sub-standard, if the same was not due to the wilful negligence of the...petitioners that the Maharashtra Rule which requires payment at one half of the rate for the rejected beedis on any ground other than the ground of wilful negligence of the worker is an unreasonable...

...)52. In Pranay Sethi (supra), the Constitution Bench evaluated all the judicial precedents on the issue of future prospects including Sarla Verma (supra), and devised a fixed standard for...deceased dated 21.08.1984 revealed that he was engaged as a labourer initially for a period of one year on a salary of 750 Qatari Riyal p.m., and continued to live in Qatar where he was employed, till he....6. The Claimant No. 1 i.e. wife of the deceased was also seriously injured. Her right leg and jaw were fractured. The Claimant No. 1 remained in hospital for over a month. A rod was...

...allowing the original complaint had directed the New India Assurance Company Limited (for short “the Insurance Company”) to indemnify the Claimant on non-standard basis to the extent of 75% of the sum...further prayed for an amount of Rs. 20,000/- on account of mental agony, delay and harassment.i) The Insurance Company, in its reply, objected to the maintainability of the...)xxx xxx xxx12. In our view, applying the aforesaid principles, Condition 1 of the standard form for commercial vehicles package policy...

...were themselves cautious of the dangers of development of ROP. The doctors attempted to cover up their gross negligence of not having examined the infant for the onset of ROP, which is a standard...standard for judging the alleged negligence. So also, the standard of care, while assessing the practice as adopted, is judged in the light of knowledge available at the time of the incident, and not at...human life, companionship, torture and harassment, etc.5.21. The Delhi Medical Council vide order dated 14-12-2007 issued a warning to Appellant 1 Hospital for the delay in...

...exercising his skill with reasonable competence. This is all what the person approaching the professional can expect. Judged by this standard, a professional may be held liable for negligence on one of...prevented the particular happening cannot be the standard for judging the alleged negligence. [Paras 48(2), 48(4), 19 and 24]” (Jacob Mathew case...doctors and Bombay Hospital for their medical negligence or lack of proper medical treatment to deceased Priya Malhotra. The appellant could not lead the evidence of any expert doctor in support of her...

...mental agony, harassment, physical torture, pains, sufferings and monetary loss for the negligence of the authorities; (ii) direction for removal of, and improvement in, the deficiencies; and (iii...claim made by the appellant before the Consumer Forum raises a dispute in regard to damages for negligence of doctors in the ESI hospital/dispensary and would tantamount to claiming benefit and the...Rules for which the claim can be made in the Employees' Insurance Court. The appellant's claim is for damages for the negligence on the part of the ESI hospital/dispensary and the doctors working therein...

...and Co. as Surveyors to assess the loss. On 03.10.2018, the insured raised a claim for a sum of Rs. 6,57,55,155/-. Of the total claim, Rs. 5,54,17,891/- was against Policy No. 17080011170100000734; Rs...the adjoining area, during welding. Surveyor's Report (M/s Bhansali & Co.) dated 15.04.2019 (Annexure A-12) was relied upon to further suggest that the fire occurred due to negligence on the part...Saurashtra Chemicals Ltd. v. National Insurance Co. Ltd. (2019) 19 SCC 70, it was declared that new grounds for repudiation cannot be introduced during the hearing if th...

...due to constant harassment of Ravinder Kaur by the accused persons for having brought less dowry in her marriage as well as due to constant taunts and also torture, the deceased committed suicide by..., PW 5, Ved Parkash, President of the Mohalla Sudhar Committee, PW 6, Smt. Raj Kumari, social worker and PW 7, Surjeet Kaur clearly proved that the respondents maltreated Ravinder Kaur for bringing...visits she used to tell them that there was demand for dowry and also taunting of her by the members of the family of her in-laws and also insinuation that she was carrying an illegitimate child...

...skill and a hard worker. He was a person of robust health and sober habits. His income from the business and other activities was about Rs 40,000 per annum. He was assessed for an income of about Rs...for the right amount.”15. The Grand Trunk Rly. Co. of Canada v. Jennings (1888) 13 AC 800 held that at the common law...claimant which was due to the negligence of the respondents has to be offset by a just equivalent, where the claimants are put back in a position where they would have been but for such death. On this, he...

...on 28-1-1994. Initially he worked at Patiala but was transferred to Kinnaur. The respondent-institution is a co-educational institution. The appellant's service was terminated in terms of his letter...same. When the petition had come up for admission and the counsel insisted upon an enquiry to be conducted against the alleged misconduct, by order dated 13-3-1996, we directed the management to issue...a girl student in Jawahar Navodaya Vidyalaya, Kinnaur. On consideration of the report and the record we have heard the counsel on both sides.5. It is contended for the...

...compensation and if such compensation could be for harassment and agony to a consumer. Both these aspects specially the latter are of vital significance in the present day context. Still more important issue...without negligence, although it does occasion damage to anyone; but an action does lie for doing what the Legislature has authorised, if it be done negligently...even directed to pay compensation for harassment and agony to the respondent. The Lucknow Development Authority with a view to ease the acute housing problem in the city of Lucknow undertook development...

...required standard, and the Society failed to improve, in spite of two days' written notice about the bad state of work and demand for improvement, IAAI could impose fines and deduct the amount of fines from...(“IAAI”, for short), the appellant herein, was established under the International Airports Authority Act, 1971. It established a cargo complex at Madras in the year 1978. Under an agreement dated 30-1...consignments.4. Under the said agreement, Airfreight was to receive payment from the owners of the cargo for the work done, had to engage the services of required number of...

...three: ‘duty’, ‘breach’ and ‘resulting damage’.(2) Negligence in the context of the medical profession necessarily calls for a treatment with a difference...profession of that day, he cannot be held liable for negligence merely because a better alternative course or method of treatment was also available or simply because a more skilled doctor would not have...which the ordinary experience of men has found to be sufficient; a failure to use special or extraordinary precautions which might have prevented the particular happening cannot be the standard for...

...appellant company resorted to a tools-down strike in sympathy with a dismissed -co-worker. Repeated attempts to persuade them to resume work having failed the General Manager suspended them until...), Standard Vacuum Oil Co. v. Gunaseelan, M. G. ([1954] II L.L.J. 656), relied on. Under that section the only thing that the Appellate Tribunal had to consider was whether a prima...from an enquiry held by the management itself and asked for investigation by an impartial tribunal. The management, however, held the enquiry as intimated at 8 a.m. on June 6, 1952. The workmen non-co...