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Showing posts with the label ARTICLES

Pre-printed consent form in hospital

  SHORT NOTE ON LEGAL OPINION ON PRINTED CONSENT FORM IN HOSPITALS: The National Commission in Vinod Khanna V. RG Stone Urology & Laparoscopy Hospital pronounced that taking consent through printed consent form by the hospital amounts to unfair trade practice and hospital to discontinue to same forthwith. Commission imposed the cost of Rs 10 lakh on the Hospital for taking consent thorough printed consent form.  No guidelines shall be issued that how can hospital manage to get consent from the patient without using pre-printed consent form. It is not desirable to use manuscript form and explain each & every detail to a patient. The information shall be disclosed to a certain extent keeping in mind the mental and physical condition of the patient. Hospital inform the risk in order to take consent from the patient for the treatment not to scare patient so that he is unable to take decision. The judgement pronounced by the National Commission cause Chaos in Medical fraternity in t

False promise on marriage

                                 SHORT NOTE ON LEGAL OPINION       Topic- Orissa High Court Ruling: sex on false promise of marriage is not rape . Background: Orissa High Court in the case of G. Achyut Kumar V. State of Orissa granted bail as per the grounds and opined that sex on false promise of marriage is not rape.  As per the section 375 of Indian Penal Code (IPC), 1860 defines rape as “sexual intercourse with a women against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she is intoxicated or duped or is of unsound mental health and in any case if she is under 18 years of age”.  As per Orissa High Court “sex on false promise of marriage” is not stated in the section 375 read with section 7 of IPC.  The accused will be charged for the offence of “Fraud” but not for “Rape” relying upon the landmark case of Queen V. Clarence (1888) Legal Issue:  Whether a rape case can be filed against a man for having sex with a women not disclosing his ma

Memorial of moot court on Respondent side

  (1) Indo is one of booming generations having youths on social media age 15 – 25. Face gram has changed business industry. Oxygen company one of skin brand emerging has direct users with website Oxygena.com. Ms. Maidson pursing marketing student antaila got selected as brand ambassador on Oxygen. As per the contract she failed to perform the duty because she was expected to post minimum two pictures in a month. (2) On 10 march she posted first picture. She got 120 likes. National lockdown im plemented for 21 days on 24 march 2020. Ms. Maidson conveying her difficulty was not able to fulfill the contract. Company extended the time understanding the reasonability of Ms. Maidson. Coronaviruses pandemic worsening to bring situations government implemented strict rules and regulations in which dividing zone into three. (3) In the area were declared as red zone were strict zone where there was no movement of goods and services. Months passed she did not able to perform as per the contract.

NATIONAL COMMISSION FOR WOMEN

  NATIONAL COMMISSION FOR WOMEN It took the Government almost 18 years to effectively establish the National Commission for Women. During this period, there were many discussions between the government and the women’s organisations where core disagreements, in relation to the provisions affecting the autonomy of the proposed body and its nature, role and functions, etc., emerged. While the government was not keen to excessively empower the proposed Commission, the women’s organization representatives felt that any compromise on the autonomy of the body would be detrimental and indeed counter-productive to the aims and purposes of such a proposed body. The Commission consists of a chairperson, five Members and a Member-Secretary, to be nominated by the Central Government. The Chairperson must be a person ‘committed to the cause of women’ whereas the Members must be ‘amongst persons of ability, integrity and standing who have had experience in law or legislation, trade unionism, manageme

JUDICIARY AND RIGHT TO DIE

 JUDICIARY AND RIGHT TO DIE The question whether the right to die is included in Article 21 of the Constitution came for consideration the first before the Bombay high court in State of Maharastra v. MarutySripatiDubal. The Bombay high court held that the right to life guaranteed by Article 21 includes a right to die, and consequently, the court struck down Section 309 IPC which provides punishment for an attempt to commit suicide by a person as unconstitutional. The judges felt that the desire to die is not unnatural but merely abnormal and uncommon. They listed several circumstances in which people may wish to end their lives, including disease, the cruel or unbearable condition of life, a sense of shame or disenchantment with life. They held that everyone should have the freedom to dispose of his life as and when he desires. In this case, a Bombay police constable who was mentally deranged was refused permission to setup a shop and earn a living. Out of frustration, he tried to set

Case summary: Minerva mills ltd v. union of India

 Case summary: Minerve mills ltd v. union of India [AIR 1980 SC 368] By swatee Shukla In kesavanad Bharti v. State of Kerala, the supreme court overruled the Golak Nath case, and it was unanimously held that the twenty-fourth amendment, which inserted clause (4) in article 13 and clause (3) in article 368 was valid. All the judges agreed that under the amended article 368 all provisions of the constitution including those enshrining fundamental rights could be amended. However, the majority of 7:6 was of the view that the provisions affecting the basic structure or framework of the constitution could not be amended. The supreme court by a judicial innovation structured a “ basic Structure Docrie” and gave to itself the power to review whether such an amendment would be ultra vires as it violates the very structure of the constitution. (in Ashok Kumar Thakur v. Union Of India, the supreme court said that when the fundamental rights are altered by a constitutional amendment, if it is in

Case summary: Minerva mills ltd v. union of India

  Case summary: Minerve mills ltd v. union of India [AIR 1980 SC 368]  By swatee Shukla  In kesavanad Bharti v. State of Kerala, the supreme court overruled the Golak Nath case, and it was unanimously held that the twenty-fourth amendment, which inserted clause (4) in article 13 and clause (3) in article 368 was valid. All the judges agreed that under the amended article 368 all provisions of the constitution including those enshrining fundamental rights could be amended. However, the majority of 7:6 was of the view that the provisions affecting the basic structure or framework of the constitution could not be amended. The supreme court by a judicial innovation structured a “ basic Structure Docrie” and gave to itself the power to review whether such an amendment would be ultra vires as it violates the very structure of the constitution. (in Ashok Kumar Thakur v. Union Of India, the supreme court said that when the fundamental rights are altered by a constitutional amendment, if it is

Sample tenant evocation notice

  SRIHARI  SASTHA OFFICE 12-VIHAR ROAD NEAR PALA TRAINING SCHOOL  LAWYER 12345678910 Ref. no. 1345                                                                Dated:12/3/2020 REGISTERD A.D To, 1.Ragaraj Ayer (Landlord) 2.Ram (Son of tenant)   SUBJECT: LEGAL NOTICE UNDER SECTION 14B OF UNDER DELHI RENT ACT CONTROL, 1958 Dear Sirs, Under the instructions and on behalf of our client Ram son of Sushmita Devi , resident of angel mercury, I do hereby serve upon you with the following notice under section 14B of DELHI RENT ACT CONTROL, 1958  That my client who is  Ram son of  Ms Sushmita Devi (tenant) is willing to evictee due to the misbehaviour from landlord. The tenant was been illegally evicted by landlord before the original date. Because the date  on the notice was 20/3/2020. But day which  the  evicted was happen on 1/3/2020. From tenant  landlord regain the money and extra additional money that were not mentioned in the agreement. That since we would like to request that the landlo

Legality of pollution control board

 Legality of pollution control boardThe pursuit of legal proceedings in court by the State Pollution Control Board on confirmation of high contaminants in the laboratory analysis of a single' water sample Section 21 of the Water Act empowers the State Board or an officer to take and analyse water samples from any stream, well, sewage or trade effluent passing from any place into a stream/well. Subsection (2) subjects the admissibility of the analysis if water sample to certain conditions; person taking the sample- Has to notify the person in charge of the lace from where such sample was taken Divide the sample into 2 parts in the presence of the occupier or his agent Place each of the two narts in a contained mark and seal it. The containers should he signed by both parties. send one container to either a laboratory established by Central board in case the place from where the sample was taken is located a UT) or send it to a laboratory recognised by the State Board. 5.3 d Upon the

Legal notice

                                                                 Legal Notice Format ADVOCATE NAME                                                                               OFFICE ADDRESS DESIGNATION                                                                                      _____________ CONTACT NO.    _________________________________________________________________________ Ref. No.________                                                                                          Dated: ________  REGISTERED A.D. To, 1- _______________ 2- _______________ SUBJECT:  LEGAL NOTICE UNDER SECTION ____OF _____ ACT, _____. Dear Sirs,  Under instruction and on behalf of our client _______ son of _______, resident of _______, I do hereby serve upon you with the following notice under section ___ of the _______ Act 1- That my client ______________. 2- That since ______________. 3- That on ______________. 4- That my client filed a Demand Notice ______________. I therefore through this

Wildlife protection act

  The Wildlife Protection Act 1972 derives its genesis from the Stockholm Convention and was enacted for the purpose of ecological security and wildlife protection. Simultaneously, it has extended due recognition to the rights of tribal people which is evident in the following provisions. Section 17A prohibits picking, uprooting specified plants for selling but the proviso carves out an exception for scheduled tribes giving them full right to pick and own such plant for bona fide personal use" 5.36C provides for certain areas to be declared Community Reserves it a particular community has volunteered to conserve the wildlife and habitat or that area: this allows for communities to practice es while retaining their cultural ties to their land Section 380 of the Wildlife Protection Act. 1972 empowers the tiger conservation authority to undertake certain tasks such as laying down standards for protection, coor donate and monitor tiger reserves, facilitate tiger reserve management amo