Consumer

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…
Read More....
Consumer

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…
Read More....
Consumer

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…
Read More....
General

The Missing Comma

The Missing Comma- and what it can cost you ! Sometime ago I wrote about the importance of precise and correct drafting, including correct usage of words. You can find that article at : Or via LinkedIn at: Found an example of what imprecise drafting can lead to. Here , a missing comma cost a company about US Dollars Five Million !! The case is an example of an 'Oxford Comma'. So , firstly what is an 'Oxford Comma' ? It is a comma that precedes "and" or "or" in a list of three or more words in a sentence. For…
Read More....
Consumer

Long, Long, Looooong 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 (w0)men ! But there is Law,there are Lawyers and then there is the Complainant who hardly has any knowledge of law,except that he has been wronged and a law exists, hopefully to help him. Here is what happens. An example of a personal experience at a Consumer Court , repeated innumerable times in Indian Courts, I am sure. See carefully the attempts made. So that you can be forewarned what can / may happen in Courts. Who is…
Read More....
Consumer

Forgery of Medical Records – what recourse ?

  Medical Negligence - a crime committed behind closed doors, on the uninformed and the unconscious !! By organizations with whole teams of lawyers ready to resort to all tactics to suppress justice opposing complainants generally not aware of even the basics of law, what to talk  of medical jurisprudence !  By those who think they can even commit forgery of medical records and get away - and mostly do ! Because the hapless patient has no recourse ! With others conspiring  to help out their "brothers" !   Yet, in some cases, justice is done. As in this case.…
Read More....
Civil

Recording of Court Proceedings

Not only must Justice be done; it must also be seen to be done .. is oft repeated. And indeed Justice is supposed to be done in public.  Unless decided by the Court to be an " in camera " trial, one can simply visit the Court and watch the proceedings. Even Court Records - submissions by different parties and then the final judgement - is supposed to be Public and accessible to anyone. In Theory. Come the Digital Era then, the logical next step would have been recording of Court proceedings. And indeed the more advanced countries seem to…
Read More....
Property

Eleven Months Lease Deeds also need registration !

L:ease Eleven Months Lease Deeds also need registration It is a common misconception that Lease Deeds for a period less than a year need not be registered, per Indian Law for properties in India. Hence, many Landlords and Tenants  proceed accordingly since in the process savings can be made on Stamp Duty. Besides, the time and hassle of going to the Registrar's Office is avoided. The confusion arises since the provisions of the Transfer of Property Act are NOT understood properly since those relevant have to be read ALONG WITH that of the Registration Act The Courts are increasingly clarifying…
Read More....
Civil

Loan your cash at your risk – S. 138 may not help you !

Cash Loan your cash at your risk ! So you have a large “unaccounted cash ” lying at home. Unaccounted as in not declared in your Income Tax Returns. You loan it to someone and get a Cheque  from him in return. The Cheque bounces. Can you use the provisions of S. 138 of the Negotiable instruments Act to recover the amount ? The Law says NO ! See : Sanjay Mishra vs Kapoor @ Nikki on 24 February, 2009 ( Bombay High Court decision ) Held : ” The provision of section 138 can not be resorted to for…
Read More....
12