Tweet Himachal Pradesh High Court: The Division Bench of Tarlok Singh Chauhan and Satyen Vaidya, JJ., during the course of hearing, in the present appeal, noticed that the Civil Hospital, Palampur had issued medico legal certificate (‘MLC’), which was demeaning, self-incriminating and self-inculpatory to the child victim. Further, apart from this, the doctors issuing the MLC even conducted the ‘two-finger test’ on the child victim. The Court opined that what was worse was that the child victim had to suffer untold miseries, especially when confronted with the questions of the MLC, which were ..read more

Tweet Delhi High Court: In an unfortunate case, wherein the petitioner, while seeking organ donation and during the pendency of the Hospital’s decision, had passed away, a Single Judge Bench of Prathiba M. Singh, J. opined that strict timeline prescribed under the Transplantation of Human Organs Act, 1994 (“the Act”) were not being adhered to in taking decisions relating to organ transplant. Therefore, the Court directed the appearance of the Hospital on the next date of hearing, failing which costs would be imposed and held that no further adjournments would be granted in the present case. I ..read more

Tweet Delhi High Court: In a petition filed under Article 226 of Constitution of India seeking reimbursement of the medical expenses incurred by the Petitioner for the treatment of his son for brain tumor in accordance with the relevant rules applicable to the Petitioner being employed in the Tis Hazari Courts, Delhi as a Reader in the Court of the Metropolitan Magistrate and covered by the Central Government (Medical Attendance) Rules, 1944 and the orders passed there under from time to time, Chandra Dhari Singh, J., directed the respondent- State to fully reimburse the Petitioner to the ext ..read more

Tweet     Delhi High Court: A Single Judge Bench of Dinesh Kumar Sharma, J. held that interim bail should not be granted only at the stage when the person was breathing last or was in the position that he may not survive. Further, the Court directed the authorities to avoid giving long dates to prisoners for their medical check-up and instead act with promptness to ensure that the prisoners were examined early. Background In the present case, the petitioner filed an application for the grant of bail on the ground of his medical condition. It was stated that the petitioner was 59 yea ..read more

Tweet     Delhi High Court: In a writ petition filed by an Additional District Judge for reimbursement of his treatment charges during Covid-19, the Single Judge Bench of Rekha Palli, J. directed the Government of NCT of Delhi to reimburse the remaining amount of Rs. 16,93,880 towards the cost of Covid-19 treatment incurred by an Additional District Judge during the pandemic. Petitioner was posted as the Additional District Judge and had approached this Court, as respondents had refused to reimburse in full the expenses incurred by him for his medical treatment while he was admitted ..read more

Tweet     Delhi High Court: In a case filed seeking bail for an accused being involved in an alleged bank loan scam by Shakti Bhog Foods Limited (SBFL), Jasmeet Singh, J. granted bail considering the medical condition of the accused as the proviso to Section 45(1) of Prevention of Money Laundering Act, 2002 (PMLA), carves out an exception from the rigors of Section 45 for persons who are sick or infirm. An FIR was registered under Section 120-B read with Sections 420, 467, 468 and 471 of Penal Code, 1860 (‘IPC’) and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 198 ..read more

Tweet     Gujarat High Court: Biren Vaishnav, J. allowed a petition reiterating that a Government employee is entitled to avail the benefits of medical facilities without any fetters, and that their claim for reimbursement should not be denied by the State mechanically. The petitioner prayed that he had undergone Angioplasty, and was entitled to full reimbursement of Rs.,1,76,757/-. Counsel for the petitioner drew the attention of the Court to a representation made by the petitioner on 23-01-2019 to the Regional Information Officer(Respondent 3). The Petitioner had incurred an expen ..read more

Tweet     Kerala High Court: While allowing a couple to have their frozen embryo transferred to another hospital for infertility treatment, V.G. Arun, J., held that the purpose of the Assisted Reproductive Technology (Regulation) Act, 2021 is to prevent sale of human gametes, zygotes, and embryos; and not to prevent a couple from using their own embryo to develop it into a fetus. The Court noted, “Close scrutiny of the provision shows that the intention is to prevent/restrict the sale etc. of human gametes, zygotes, and embryos.” Factual Backdrop The petitioners-couple were married ..read more

Tweet National Consumer Disputes Redressal Commission (NCDRC): Expressing that, the consensus between the dentists and patients is essential to standardize treatment plans and methods, Coram of Justice R.K. Agrawal (President) and Dr S.M. Kantikar (Member) addressed a case of dental negligence and remarked that, “The teeth are only part of the face and it cannot be simply concluded that the whole face will become more beautiful once the teeth become neat.” Not everyone can be born with a perfectly aligned smile. If you just changed your smile and nothing else, you would find a dramatic trans ..read more

Tweet Kerala High Court: Murali Purushothaman, J., held that there is a Constitutional as well a statutory obligation on the part of the State to bear the expenses for treatment of the government servant and his family. Background The petitioner, an Assistant Professor in Catholicate College had took his father, who was totally dependent on him for treatment General Hospital, Pathanamthitta wherein his father was diagnosed with Carcinoma Rectum and was referred to higher center. Accordingly, he was taken to Medical and Surgical Oncology Department of the St. Gregorious Medical Mission Hospital ..read more