West Bengal State Electricity Board vs Dilip Kumar Ray-An Analysis
The present case is an important case on service rules and disciplinary proceedings. The court also discussed the nature of ‘malicious prosecution’ in the judgment. Facts of the Case Dilip…
Section 172 CrPC- Importance of Police’s investigation diary in Trial
Section 172 is a section of reliability of police investigation diary in a trial. That section reads as follows: – “172. Diary of proceedings in investigation– (1) Every police officer…
Section 162 CrPC- Protection against the use of statement made before police during investigation
Section 162 Section 162 occurs in chapter XII dealing with the powers of the Police to investigate into offences. That Section, so far as material, reads as under: “162 (1)…
Khatri v. State of Bihar I- Right to be informed of legal aid
The magistrate or the sessions judge before whom the accused appears must be held to be under an obligation to inform the accused that if he is unable to engage…
Rudal Shah v. Union of India- An analysis
The case of ‘Rudal shah v. Union of India’ is a landmark case in constitutional and human rights law. In this case, the court established the principle of ‘compensation for…
Medical Professionals in Criminal Law
This article is part of our Medical Negligence Series. The criminal law has invariably placed the medical professionals on a pedestal different from ordinary mortals. The Indian Penal Code enacted…
Negligence by professionals
A surgeon with shaky hands under fear of legal action cannot perform a successful operation and a quivering physician cannot administer the end-dose of medicine to his patient.
The difference in Civil and Criminal Negligence
This article is part of our Medical Negligence Series. Negligence as a tort Definition of Negligence The jurisprudential concept of negligence defies any precise definition. Eminent jurists and leading judgments…
Jacob Matthew v. state of Punjab- An analysis
This article is part of our Medical Negligence Series. The case of ‘Jacob Matthew v. state of Punjab (2005)’, is a landmark case in the field of medical negligence where…
Moral fault, blame and justice in reference to medical profession and negligence
This article is part of our Medical Negligence Series. Learned authors of “Errors, Medicine and the Law” (pp. 241-248), (recorded at the end of the book in the chapter titled…