Supreme Court of India
Indian Medical Association v. V.P. Shantha and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
5 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that such doctors working in the hospi tals/nursing homes/dispensaries/whether Government or private - belong G ing to categories (ii) and (iii) above would be covered by the definition of "service" under the Act and as such are amenable to the provisions of the Act along with the management of the hospital, etc. jointly and severally.
Judgment, page 33
From the headnote
Consumer Protection Act. 1986. Ss. 2(1)(o), (c), (d), (g) and 14-Scope of 'Service' in the light of the definition 'consumer' and other relevant provisions of the Act-Remedy against malpractice or negligence by Medical Practitioners, hospitals and nursing homes in the process of consultation, diagnosis and treatment-Where such medical se1vices are rendered free of charge to everybody availing the se1vices they do not fall under the definition 'se1vice'-'--But where charges are required to be paid by eve1ybody or payable by those who could afford and not by those who could not such medical
Where later benches applied it
- 2019 M. Hariharasudhan v. R. Karmegam and Ors.
- 2016 Jindal Stainless Ltd. & Anr v. State of Haryana & Ors
- 2024 Bar of Indian Lawyers through its President Jasbir Singh Malik v. D. K. Gandhi Ps National Institute of Communicable Diseases and Anr.
- 2013 Dr. Balram Prasad v. Dr. Kunal Saha & Ors.
- 2010 Kusum Sharma & Others v. Batra Hospital & Medical Research Centre & Others
Of those, 2 relied on · 3 referred to
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