Criminal

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…
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Consumer

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.…
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Consumer

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…
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Legal Lingo

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…
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Consumer

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…
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General

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 !
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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…
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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…
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