Supreme Court of India

Dr. P.B. Desai v. State of Maharashtra & Anr.

Neutral citation
Reported as [2013] 11 S.C.R. 863
Bench A.K. Patnaik and A.K. Sikri JJ.
Decided 13 September 2013

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.

1 Supreme Court bench has cited this judgment.

From the headnote

Penal Code, 1860 - s. 338 rlw. s. 109 - Prosecution under - -Of medical practitioner (surgeon). - Conviction by courts below - Held: The omission on the part of the accused to take care of the patient, in the facts of the case, can come within the realm of professional misconduct and civil liability (actionable wrong in tort) but not criminal liability - The omission on the part of the accused was not the cause for patient's death - Hence he cannot be held liable u/s. 338 as the ingredients of s. 338 have not been satisfied - Tort - Actionable wrong - Professional Misconduct - Medical

Where later benches applied it

Of those, 1 referred to

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