Supreme Court of India
Malay Kumar Ganguly v. Dr. Sukumar Mukherjee and Others
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8 Supreme Court benches have cited this judgment.
From the headnote
CONSUMER PROTECTION ACT, 1986/PENAL CODE, 1860: Sections 12, 131304- - Medical negligence - Criminal negligence - Patient treated by various doctors/Hospitals - Death - Allegation of negligence - Negligence must be of a gross or a very high degree to amount to criminal negligence c - To prosecute a medical professional for negligence under 0 criminal law it must be shown that the accused did .something or failed to do something which in the given facts and circumstances no medical professional in his ordinary senses and prudence would have done or failed to do - The complexities involved in
Authorities it was built on
- 1995 R.D. Hattangadi v. Mis. Pest Control (india) Pvt. Ltd. and Ors.
- 2003 R.v.f Venkatachala Gounder v. Arulmigu Viswesaraswami and V.P. Temple and Anr.
- 2002 Dr. J.J. Merchant and Ors. v. Shrinath Chaturvedi
- 1998 M/s. Spring Meadows Hospital Ano Anr. v. Harjol Ahulwalia through K.S. Ahulwalia and Anr.
- 2008 Oriental Insurance Company Ltd. v. Jashuben and Ors.
- 2009 Nahar Industrial Enterprises Ltd. v. Hong Kong & Shanghai Banking Corporation
- 2008 B. Nagabhushanam v. State of Karnataka
Where later benches applied it
- 2023 Mrs. Kalyani Rajan v. Indraprastha Apollo Hospital & Ors.
- 2020 M/s. Imperia Structures Ltd. v. Anil Patni and Another
- 2017 Sanjay Khanderao Wadane v. State of Maharashtra
- 2013 Dr. Balram Prasad v. Dr. Kunal Saha & Ors.
- 2026 Itc Limited v. Aashna Roy
- 2019 Maharaja Agrasen Hospital & Ors. v. Master Rishabh Sharma & Ors.
- 2016 Asoke Kumar Chaudhuri and Others v. Kunal Saha and Another
- 2015 V Krishnakumar v. State of Tamil Nadu & Ors.
Of those, 4 relied on · 4 referred to
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