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Archive: September, 2023

Posts in September, 2023

Delay Due to Writ Petition Shouldn’t GST Appeal before appellate forum

September 26, 2023 1080 Views 0 comment Print

Explore the case of Amba Shakti Udyog Ltd. vs. State of Madhya Pradesh. Delve into the importance of timely appeals under Section 107 of the GST Act and the role of delay condonation.

Goods & Conveyance Detention: Vehicle Parked for Loading- HC directs reconsidereation

September 26, 2023 753 Views 0 comment Print

Analysis of Salim Mohammad vs. Assistant Commissioner of Revenue case. Calcutta High Court remands GST penalty case for reconsideration, citing issues with interpretation. Explore the details.

Orders without application of mind: HC Directs NFAC to pass denovo orders

September 26, 2023 1197 Views 0 comment Print

Analysis of Mohler Machine Works Pvt. Ltd. vs. PCIT case. Madras High Court sets aside order by NFAC and PCIT, citing lack of clear findings and directs reassessment. Explore the details.

LIC Commission – Business or Other Sources & Allowability of expenses?

September 26, 2023 7209 Views 0 comment Print

Analysis of Purushottam Sharma vs. DCIT (ITAT Jodhpur) case. Is income from LIC commission considered business income or other sources? Explore the legal arguments and conclusions.

Negligence not established if procedure or risk was explained to the patient: NCDRC

September 26, 2023 732 Views 0 comment Print

In present facts of the case, it was held that findings of State Commission that the patient and his family members were not informed about the risk nor their consent was obtained, do not suffer from any illegality as procedure/risk was explained to the patient.

Proper Legal Procedure for Loan Recovery & Vehicle Seizure to be followed: NCDRC

September 26, 2023 17193 Views 2 comments Print

In present facts of the case, the Revision Petition (RP) has been filed by the Petitioner against Respondents under section 21 (b) of Consumer Protection Act 1986, against the order dated 14.12.2017 of the State Consumer Disputes Redressal Commission Uttar Pradesh (hereinafter referred to as the ‘State Commission’).

‘Sufficient cause’ is a pre-requisite for condonation of delay: NCDRC

September 26, 2023 3906 Views 0 comment Print

In present facts of the case, the NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI (NCDRC) have refused to condone the delay for 125 days as no ‘sufficient cause’ was shown because there was difference in oral submissions and the contents of the Application submitted.

Negligence cannot be established if the complainant has neither given the instance of negligence nor adduced any evidence of negligence: NCDRC

September 26, 2023 534 Views 0 comment Print

In present facts of the case, the Complaint of the patient was dismissed and it was observed that it is natural that if any patient consults with a doctor, then he would inform about all alternative modes of treatment.

Medical Negligence established if conduct falls below the standards of a reasonably competent practitioner

September 26, 2023 696 Views 0 comment Print

In present facts of the case, the NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION (NCDRC) have allowed the Revision Petition in favour of the Complainant as medical negligence of the doctor was established as the Complainant was able to discharge its initial burden of proof.

Not following Government Guidelines issued by Health Department would constitute Medical Negligence: NCDRC

September 26, 2023 660 Views 0 comment Print

In present facts of the case, the NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION (NCDRC) allowed the Revision Petition on the basis of ‘medical negligence’ as the Government Guidelines issued by Ministry of Health pertaining to Swine Flu was not followed properly which have resulted into death of the patient.

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