Skip to main content

Delhi HC directs cashless service to all hospitals

In the High court of Delhi, W.P.(C) 6237/2019, DELHI OPHTHALMOLOGICAL SOCIETY vs UNION OF INDIA, application was filed by the association of ophthalmologists in Delhi High court who alleged General Insurance Public Sector Association (GIPSA) of acting like a CARTEL and failing to observe transparency in the empanelment process. Till now the GIPSA, group of public sector insurance companies formed in 2011 was only honouring cashless claims with empanelled hospitals.

By the original interim order,  Putting an end to a system where the companies and TPAs insisted that a hospital had to be registered with them, the court in its interim order ruled that insurance companies will give empanelment to all healthcare providers duly registered with respective state authorities for cashless facility. the order, an interim ruling, was passed on May 31. Though the said order was limited to patients seeking eye treatment, the court found fault with the very basis of GIPSA’s guidelines and the external system of “network hospitals” to exclude government-registered hospitals.

The court directed that till the next date of listing/hearing, the benefit to the persons who have taken the insurance policies shall be granted strictly in accordance with the terms and conditions of the insurance policies and no other direction, order or system being followed shall be implemented till the next date and further directed that the benefit of providing cashless service be also extended to such medical health providers whose names may not be registered online with GIPSA but if they are registered with the respective State authorities as per the local law of the State as applicable to a particular State, the cashless service be extended even to these medical health providers/beneficiaries.

Comments

Most viewed this month

Court approached in the early stages of arbitration will prevail in all other subsequent proceedings

In National Highway Authority of India v. Hindustan Steelworks Construction Limited, the Hon'ble Delhi High Court opined that once the parties have approached a certain court for relief under Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings. Language of Section 42 of Act is categorical and brooks no exception. In fact, the language used has the effect of jurisdiction of all courts since it states that once an application has been made in Part I of the Act then ―that Court alone shall have jurisdiction over arbitral proceedings and all subsequent applications arising out of that agreement and arbitral proceedings shall be made in that Court and in no other Court. Court holds that NHAI in present case cannot take advantage of Section 14 of the Limitation Act, 1963 for explaining inordinate delay in filing present petition under Section 34 of this Act in this Court.

No Rebate For Stamp Duty Paid In Another State - Bombay HC

A three judge bench of the Hon'ble Bombay High Court (Bombay HC) in a recent judgment in the matter of Chief Controlling Revenue Authority, Maharashtra State, Pune and Superintendent of Stamp (Headquarters), Mumbai v Reliance Industries Limited, Mumbai and Reliance Petroleum Limited, Gujarat1 has held that orders in case of a scheme of arrangement under Section 391 to 394 of the Companies Act, 1956 (Act) involving different High Courts in multiple states, are separate instruments in themselves. Accordingly, stamp duty would be payable on all the orders (and consequently, all the states) without the benefit of remission, rebate or set-off.

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...