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 )
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…
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.…