Is a Mosquito Bite an Accident ?
Is a Mosquito Bite an Accident ? Is a mosquito bite an accident ? Under normal course of events one would think so. But a mosquito bite is NOT so, when law gets in the way !! What may seem pretty 'mundane' and self-evident is certainly not so when questions of law, money and setting legal precedents are involved. And , as we will see, even Hon'ble learned Judges may have differing opinions, each with – apparently – quite sound rationale. Which is why sometimes law can be very interesting and even fun :-) Doing research for a mandate I…
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…
Justice delayed – Loong Road to Justice, Indian Ishtyle !
Justice Delayed is Justice Denied ! Justice Delayed is Justice Denied - so said Gladstone, and oft repeated by all the Wise (wo)men ! But there is Law,there are Lawyers and then there is the Complainant who generally has hardly any knowledge of law,except that he has been wronged and a law exists, hopefully to help him. But when people just give up , or even die while the case meanders through, justice delayed is a problem of critical proportions. Here is one example of justice delayed - a personal experience at a Consumer Court , repeated innumerable times in…
Stop – don’t loan your cash ! you may not get it back even with a PDC
Stop - don't loan your cash ! Think before you loan out your cash ! In a case that I am researching for regarding Post Dated Cheques and the security they offer for loans given in cash, I came across an interesting situation not many are aware of. Due changes in Negotiable Instruments Act many years ago, the normal perception is that taking a Post Dated Cheque ( PDC) against a loan advanced is a good security. So much so that even a layman 'knows' that upon a cheque bounce a supposedly faster procedure exists, which has penal provisions as…
A lawyer…
A lawyer never A lawyer never loses ..... एक वकील कभी हारता नहीं …… या तो जीतता है या फिर सीखता है !….A lawyer never loses- either he wins or he learns !
Legal Lingo – imroz man
Legal Lingo - Imroz Man - इमरोज़ मन Knowing Legal Lingo is helpful too, because one never knows when one may need to understand a legal phrase, maxim or word ! इमरोज़ मन : Today ( Often used in First Information reports )
Car Parking : Hotel Liability
Car Parking : Hotel Liability In a recent ruling, the Supreme Court has held that hotels have liability to compensate guests if their car parked by a valet gets stolen even if the free parking tokens provided to guests clearly disown any responsibility of management for theft of vehicles. Synopsis A Guest G used Valet Parking of a hotel H. The parking tag provided to him read : Important condition: This vehicle is being parked at the request of the guest at his own risk and responsibility in or outside the Hotel premises. In the event of any loss, theft…
Medical Negligence-Vicarious Liability of Doctors
Medical Negligence-Vicarious Liability of Doctors Vicarious Liability of Doctors Vicarious liability of doctors is a matter of serious concern to doctors as well as patients. Vicarious is defined as ‘acting or done for other’. During a normal medical procedure involving surgery, there are a number of people involved. There is, of course, the ‘Head’ or the ‘main’ doctor , under whose supervision the patient is undergoing treatment. Besides, there are assistant doctors, anesthetists, even Interns who attend to gain experience, nurses etc. Each of them may be tasked by different responsibilities. In this situation, a defense may be taken by…
Consumer Protection Act 2019-Salient Changes
Consumer Protection Act 2019-Salient Changes Consumer Protection Act 2019- from Caveat Emptor to Caveat Venditor Consumer movement that includes advocacy and protection has had a long history. Notables in the field from 18th century onwards include Herbert Hoover , Upton Sinclair and Ralph Nader. The 35th president of United States in a speech on 15th March 1962 spoke about four basic rights of consumers namely right to safety, right to be informed, right to be heard and right to choose. In ancient India as well welfare and protection of consumers finds mention at many places. Manu Smriti, for instance, stressed…
Legal Lingo- Bkar Sarkar
Legal Lingo - Bkar Sarkar Knowing Legal Lingo is helpful too, because one never knows when one may need to understand a legal phrase, maxim or word ! बकार सरकार : From the Government's Side ( Often used in First Information reports )