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Dr. Yogesh Bavishi vs Tanima Bandyapadhyay & 2 Ors. on 29 May, 2026 cites

Jacob Mathew vs State Of Punjab & Anr on 5 August, 2005

23. It was further observed in Jacob Mathew case [Jacob Mathew v. State of Punjab, (2005) 6 SCC 1 : 2005 SCC (Cri) 1369] that the fact that a defendant charged with negligence who acted in accord with the general and approved practice is enough to clear him of the charge. It was held that the standard of care, when assessing the practice as adopted, is judged in the light of knowledge available at the time of the incident and not at the date of trial. It was held that the standard to be applied for judging whether the person charged has been negligent or not would be that of an ordinary competent person exercising ordinary skill in that profession. It is not possible for every professional to possess the highest level of expertise or skills in that branch which he practises.
Supreme Court of India Cites 25 - Cited by 1754 - R C Lahoti - Full Document

Balbir Sing Makol vs Chairman, Sir Ganga Ram Hospital And ... on 15 December, 2000

In light of the law discussed above, we do not subscribe to the ratio of NCDRC in Balbir Singh Makol Case (supra). Five judge bench of NCDRC therein seem to have erred on following counts- (a.) Applied common law maxim actio personalis moritur cum persona, by failing to read the statutory modification which are carried out by various enactments in India;
National Consumer Disputes Redressal Cites 2 - Cited by 10 - Full Document

Melepurath Sankunni Ezhuthassan vs Thekittil Gopalankutty Nair on 29 November, 1985

(b.) Misread the ratio in Melepurath Sankunni Ezhuthassan Case (supra) and failed to limit the same to facts of the case, which was solely arising from personal injury claim; FA/2148 of 2018, FA/75 & 76 of 2019 Page 9 of 31 (c.) Made the first category of exceptions under Section 306 of 1925 Act absolute and extended the bar to claims of pecuniary loss against the estate as well;
Supreme Court of India Cites 4 - Cited by 92 - D P Madon - Full Document
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