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CALCUTTA HIGH COURT
Dipankar Datta, J
Dr. Kunal Saha – Appellant
Versus
Retired Justice Gorachand Dey – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1) |
| 2. details of legal actions and judgments. (Para 2 , 3 , 4) |
| 3. supreme court's findings on medical negligence. (Para 5) |
| 4. comments made by the court deemed defamatory. (Para 6 , 7) |
| 5. judicial comments protected under immunity. (Para 8 , 9) |
| 6. interpretation of immunity laws for judges. (Para 10 , 14 , 15) |
| 7. nature and limits of judicial immunity. (Para 16 , 17 , 18 , 19 , 20) |
| 8. judges' immunity vs. need for accountability. (Para 21 , 22 , 23) |
| 9. limitations regarding defamation claims. (Para 24 , 25 , 26) |
| 10. final dismissal of the application. (Para 47) |
1. The petitioner is the husband of Anuradha Saha, who breathed her last on 28 May 1988, after having fallen ill while on a social visit to India. The petitioner is a medical practitioner settled in the United States of America, doing research in HIV / AIDS. The deceased wife of the petitioner had developed fever with skin rash on or about 25 April 1988 while in Kolkata on a social visit to this country. For this purpose, Dr. Sukumar Mukherjee, a medical practitioner was consulted. Her condition did not improve, and had in fact deteriorated, and other doctors had also been consu
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