Legal Lingo

What is a Caveat ?

Caveat : a warning, caution or admonition, beware What is it ? Talking to someone on a Consumer matter, the issue of a caveat came up. Since this is a very common term frequently encountered, I thought of providing here preliminary information for any interested. Legally, a caveat is a notice to a court to suspend a certain proceeding until the notice giver is a hearing. Essentially, it prevents the Court from passing an order without notice to the caveator (caveat giver). This notice allows the caveator to put forward his/her submissions to the court before judgement is passed. Definition…
Read More....
Legal Lingo

Vigilantibus non dormientibus jura subveniunt

Working on a case pertaining to property and rights thereupon, I was reminded of the maxim " Vigilantibus non dormientibus jura subveniunt". Translated it means " The laws serve the vigilant, not those who sleep." In legal parlance, those who claim a legal right should be vigilant in exercising the same. The reverse also holds true - those who claim they have been wronged should as well be prompt in putting forward their claims. This maxim finds clearest expression in the Limitation Act. Essentially, if an offense is alleged to be committed, legal recourse has to be taken by the…
Read More....
Legal Lingo

Uberrima Fides

Talking to someone on an issue concerning medical negligence, I was reminded again of the doctrine of 'Uberrima Fides'. First explicitly set out almost 300 years ago ! Mostly used in insurance contracts, it is a Latin phrase meaning "utmost good faith" . All parties to an insurance contract must deal in good faith, making a full declaration of all material facts in the insurance proposal. And is one that may come back to bite someone, at a stage  where nothing can be done. As was held recently ( Branch Manager Bajaj Allialnze Life Insurance Company vs Dalbir  Kaur, CA…
Read More....
Legal Lingo

Rah Gujran

Legal Lingo - Rah Gujran - Passer By Rah Gujran - Passer By Good Samaritans( passers-by assisting road accident victims) can take an injured person to hospital, and leave for their day-to-day activities without having to provide any personal details. Writ Petition (C) No. 235 of 2012- Savelife Foundation & Anr. Vs Union of India & Anr In a landmark and far-reaching judgement in March 2016, Supreme Court of India provided “force of law” to the Government of India guidelines protecting bystanders/passers-by who assist road crash victims. Such people are Good Samaritans and may be termed as Rah Gujran in…
Read More....
General

Legal Drafting

Reviewing another contract of a client, I was reminded yet again of the absolute criticality of correct legal drafting. Even a small mistake can make a huge difference. And maybe discovered when it is too late. A draft when agreed and signed upon is a legal document. Any mistakes in it- and some may be too small to be easily detected - can have huge consequences ; For example, 'demure' and 'demur' both will not be flagged by your personal computer. But perhaps only one is right for legal drafting ! Yet I see many contracts with the other :-)…
Read More....
Consumer

Risks- does your Doctor tell ? If not, it still is yours !

Risks-is Your Surgeon gambling with your life ?   Is your Doctor playing Dice with you ? The  Risks are yours ! It is bounden duty of a Doctor to tell his patient pros and cons - including Risks - of treatment suggested by him. Plain common sense, backed by law and several cases. However, sometimes the Doctor/ Surgeon errs grossly on this. Reasons ? Money or sheer incompetence / overconfidence. Who pays ? The Patient. For a lifetime, many While there is a whole plethora of cases similar, they still do not seem to stop. In one of the…
Read More....
Property

Nominee of deceased in a Cooperative Society is entitled for ownership by transfer

Nominee of deceased in a Cooperative Society is entitled for ownership by transfer Chanced upon this rather interesting decision. Could be of help / use to some Nominee of Deceased Member is absolutely entitled for the Ownership by transfer. Co-op. Society can not  challenge the right of Nominee. This is a a settled Law of the land. No legal heirship, Court order or Succession Certificate or Letter of Administration is required HOWEVER, here is a catch !!- read on to know ! Case : Indrani Wahi versus Registrar of Coop Societies & Ors. in Civil Appeal No. 4646 of 2006.…
Read More....