AI Overview...
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Accepted Practice in Medical Treatment - The sources consistently acknowledge that doctors have the discretion to choose any mode of treatment that is within accepted medical standards. For example, the courts have recognized that performing angioplasty with internationally accepted norms and treating patients as per standard practices are legitimate and lawful Bharat Ahuja VS Metro Heart Institute - Consumer, Bharat Ahuja VS Metro Heart Institute - Consumer, SAIL ROURKELA STEEL PLANT VS TRINATH DAS MOHINI - Consumer, V.P. SHARMA & ORS. vs DR. G.S. KOCHAR & ORS. - Consumer National.
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Fair and Ethical Medical Practice - The avoidance of scheduled procedures like CABG, despite medical recommendation, was deemed an unfair trade practice owing to greed and misconduct by the healthcare providers Bharat Ahuja VS Metro Heart Institute - Consumer, Bharat Ahuja VS Metro Heart Institute - Consumer.
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Industry and Trade Practices - Promotional incentives and the description of product specifications, such as nominal thickness, are accepted practices within industry standards, and courts have generally upheld these as legitimate unless fraudulent intent is established DIRECTOR GENERAL (INVESTIGATION AND REGISTRATION) VS DAEWOO MOTORS INDIA LIMITED - Consumer, HINDUSTAN SAFETY GLASS WORKS LTD. VS COLLECTOR OF CENTRAL EXCISE - Allahabad.
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Legal and Judicial Standards - Courts emphasize adherence to accepted standards of care, recognizing that medical professionals operate within real-world constraints, and that deviations must be justified or proven to be fraudulent or malicious SAIL ROURKELA STEEL PLANT VS TRINATH DAS MOHINI - Consumer, V.P. SHARMA & ORS. vs DR. G.S. KOCHAR & ORS. - Consumer National.
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Administrative and Procedural Practices - Issuance of transfer certificates without remarks and the acceptance of bills as performance guarantees are considered standard administrative practices, upheld by courts as lawful and consistent with accepted procedures NITHIN Vs THE REGISTRAR, UNIVERSITY OF KERALA - Kerala, T P PRAKASAN vs State of Kerala - Kerala.
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International Arbitration Practice - The principle of 'kompetenz-kompetenz' and the practice of raising jurisdictional pleas before arbitral tribunals are widely accepted in international arbitration, reflecting standard procedural norms UNION OF INDIA VS CHIEF JUSTICE OF HIGH COURT OF JUDICATURE AT ALLAHABAD - Allahabad.
Analysis and Conclusion:
Overall, the sources affirm that accepted practice—whether in medical treatment, trade, or legal procedures—is characterized by adherence to established standards, norms, and ethical guidelines. Courts tend to uphold these practices unless evidence of misconduct, fraud, or deviation from accepted standards is demonstrated. This underscores the importance of following recognized protocols and procedures in various professional fields to ensure lawful and ethical conduct.
Search Results for "Accepted Practice"
• India - Consumer
J.M.MALIK, S.M.KANTIKAR
The doctor can choose any mode of treatment, which is an accepted practice. ... Thus, it was an unfair trade practice and greedy attitude of OPs. The OP intentionally avoided the scheduled CABG operation, which was recommended by Dr. Naresh Trehan, on 30.1.2002. Dr. ... The angioplasty was performed with internationally accepted norms. Moreover, the patient’s son Mr. Bharat Ahuja, consulted the doctors at Metro Hospital, on 17.1.2002, while his father was admitted at Escorts Hospital, Faridabad.
• India - Consumer
C.M.NAYAR, R.L.SUDHIR
practice in the trade, leading to the disposal of the complaint. ... Finding of the Court: The court found that the promotional avenue with incentives to customers is a universally accepted ... practice, and therefore, the complaint was disposed of with no order as to costs. ... (I&R) states that the promotional avenue with incentives to the customers is now a universally accepted practice in the trade. In this view of the matter we need not pursue this complaint any further. The same, accordingly, st....
• India - Consumer
J.M.MALIK, S.M.KANTIKAR
The doctor can choose any mode of treatment, which is an accepted practice. ... Thus, it was an unfair trade practice and greedy attitude of OPs. The OP intentionally avoided the scheduled CABG operation, which was recommended by Dr. Naresh Trehan, on 30.1.2002. Dr. ... The angioplasty was performed with internationally accepted norms. Moreover, the patient’s son Mr. Bharat Ahuja, consulted the doctors at Metro Hospital, on 17.1.2002, while his father was admitted at Escorts Hospital, Faridabad.
1993 0 Supreme(All) 170 • India - Allahabad
A.P.MISRA, M.C.AGARWAL
The petitioner contended that the description of thickness was based on nominal thickness, which was an accepted practice in the ... The description of thickness by the petitioner was based on nominal thickness, which was an accepted practice in the industry. 3. ... practice in the industry. ... It is only when on admitted facts and on the facts stated in the show cause notice even if accepted if it is not possible to draw any conclusion of fraud, collusion, wilful mis-statement or sup....
• India - Consumer
R.K.PATRA, SUBASH MAHTAB
The court emphasized the standard of care required by a doctor and how the doctors acted in accordance with accepted practice, ultimately ... practice. ... The standard of care required by a doctor was adopted in treating the deceased, and the doctors acted in accordance with accepted ... The standard of care required by a doctor was adopted in treating the deceased and the doctors acted in accordance with accepted practice. 6.
2020 Supreme(Online)(NCDRC) 1070 • India - National Consumer Disputes Redressal Commission
DR. S.M. KANTIKAR, PRESIDING MEMBER, MR. DINESH SINGH, MEMBER
11) ... ... (B) Standard of Care - The court examined the conduct of medical professionals in the context of standard practice ... One may have notions of best or ideal practice which are different from the reality of how medical practice is carried on or how the doctor functions in real life. The factors of pressing need and limited resources cannot be ruled out from consideration. ... He is qualified urologist and treated the patient as per the standard of practice. The DMC and MCI also ....
2019 Supreme(Online)(KER) 66160 • India - High Court of Kerala
A. Muhamed Mustaque, J
practice of issuing a transfer certificate (TC) without remark as a resolution. ... Employment - College Regulations - N/A - The court addressed the dismissal process under internal college regulations, leaning on the accepted ... Petitioner accepted that offer. In the light of above the 2nd respondent shall issue TC to the petitioner without any remarks. The writ petition is disposed of accordingly.
2009 0 Supreme(Del) 748 • India - Delhi
SANJIV KHANNA
practice and the causal connection between the treatment and the vision loss was not established. ... medical practice and the causal connection between the treatment and the vision loss was not established. ... medical practice and the causal connection between the treatment and the vision loss was not established. ... It does not dispute or contradict the first report that the treatment given to the petitioner in form of Intravitreal Injection is an accepted medical practice adopted by reasonably comp....
2023 Supreme(Online)(KER) 4220 • India - High Court of Kerala
SHAJI P.CHALY, J
practice for such adjustments. ... Decidendi: The court held that pending amounts due to the petitioner should be considered as performance guarantees, emphasizing the accepted ... Taking into consideration the fact that amounts are due to the petitioner from the respondents and it is an accepted practice that such bills are accepted against additional performance security, it is only appropriate that the writ petition is disposed of with a direction.
2001 0 Supreme(All) 553 • India - Allahabad
G.P.MATHUR, S.K.JAIN
The judgment emphasized the principle of 'kompetenz-kompetenz' and the widely accepted practice in international arbitration to raise ... Ratio Decidendi: The court emphasized the principle of 'kompetenz-kompetenz' and the widely accepted practice in international ... The provisions of the Model Law and the commentary thereon clearly show that it is widely accepted practice in international arbitration to raise a plea regarding the jurisdiction of the Arbitral tribunal before the Arbi....
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