Consent Forms for Medical Procedures in India
Consent Forms in Medical Procedures in India ‘Consent’ is a very well-known concept found in pretty much every aspect of law. Every transaction to be legal requires consent amongst entities capable of giving so. Else the transaction is, generally, void or voidable at the peril of one party or another. Accordingly, consent finds center place in Contracts Act, Hindu Marriage Act , and several provisions of the Indian Penal Code , to name just some examples. Consent in Medical situations, however, is a more complicated matter. To begin with the two parties are unequally placed. On one side is a…
The Coronavirus Crisis- some legal aspects
Cornavirus Crisis- some legal aspects with focus on Indian Law The novel Coronavirus has been declared a pandemic in India. UPDATE 25th March 2020 The Government of India has, for the first time, invoked the National Disaster Management Act (NDMA) . While health is a State subject in India, this invocation brings all states under Centre's control for all steps pertaining to the battle against has wider ranging powers and provisions than the Epidemic Diseases Management Act 1897 that was so far being invoked. Centre can make national plans , and can take action against anyone obstructing their implementation. The…
Forgery of Medical Records – what recourse ?
Forgery of Medical Records Medical Negligence - is a unique genre of crime. Done (obviously) without intent but negligence, it is usually committed behind closed doors of an Operation Theater on the uninformed and the unconscious with perhaps NO knowledge of Law. The negligent party- doctor or the Hospital has usually the infrastructure and resources to fight a long battle. They can employ a battery of lawyers well versed in various tactics, including how to delay the case as much as possible since the delay only serves to benefit the guilty and further harass/ cause mental anguish to the wronged.…
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…