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New Rules for Birth Certificates

For example, the medical officer in charge of a hospital where a baby is born must report the birth. Moreover, the Aadhaar number of the parents and the informant need to be provided. The rule also applied to in case of case of births in a jail, a hotel or lodge. Herein, the jailor and the hotel manager need to provide all the relevant information....

Arbitrary seizure of media professionals' digital devices OF Media person SC objected

“I'm finding it very difficult to accept some kind of all-within power that the agencies have...This is very dangerous. You must have better guidelines. If you want us to do it, we'll do it. But my view is that you ought to do it yourself....

When Does An Order Become A Binding Precedent? Supreme Court Explains 19 Aug 2023 1:35 PM

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Judges go by Constitutional morality

“There is a dividing line between what the legislature can and cannot do. If a judgment points out a deficiency in the law, it is open to the legislature to enact a fresh law to cure the deficiency. What the legislature cannot do is to overrule a judgment. But this is not happening for the first time. This has been happening in the tax arena. Validating acts are perfectly permissible, but directly overruling a judgment is completely impermissible,"...

Medical Practitioner bound to provide treatment information to Patient

Privacy of patient’s health must be maintained and should not be disclosed to unauthorised persons Another aspect of privacy is also not less important Case Title: G. Vijaya Kumari of Vijayawada V/S SBI Life Insurance Company, State Commission of Andhra Pradesh, Decided on August 2018 The question here to deal for us is – Can the insurance companies be barred to conduct investigation and search for case history of the patient in the suspected cases of pre -existing disease...

Law on forfeiture of earnest money :Real Estate

“transaction of sale and purchase of the flat is cancelled at initial stage Allottee marley booked the flat and paid some money towards the booking on printed form .thereafter there is no progress in the transaction Parties never reached to execute agreement for sale. In this peculiar matter it cannot be ignored that the object of RERA is to protect interest of consumer ,so whatever amount is paid by home buyer to the promoter should be refunded to the allottee on his withdrawal from the project ”...

Mediation Act 2023: Important features of the New Law

Mediation Bill passed by both houses and now becomes Mediation Act 2023 The Bill seeks to, “to promote and facilitate mediation, especially institutional mediation, for resolution of disputes, commercial or otherwise, enforce mediated settlement agreements, provide for a body for registration of mediators, to encourage community mediation and to make online mediation as acceptable and cost effective process and for matters connected therewith or incidental thereto.” “Mediation is a voluntary, party-centered and structured negotiation process where a neutral third party assists the parties in amicably resolving their dispute by using specialized communication and negotiation techniques.” ‘Mediation is one of the methods of alternate dispute resolution” Section 89 of Code of Civil Procedure Courts Dr Prem Lata Legal Head...

SC considers Medical Council report relevant for Medical Negligence claim

The above-referred findings of the MCI on the conduct of Respondent 1 leave no doubt in our mind that this is certainly a case of medical negligence leading to deficiency in his services... We are of the opinion that the NCDRC has committed an error in reversing the findings of the SCDRC and not adverting to the evidence on record including the report of the MCI. The decision of the NCDRC deserves to be set aside and we hold that the complainants have made out a case of medical negligence against Respondents 1 and 2 and are entitled to seek compensation on the ground of deficiency of service....

Why SC refused to order against Railways for theft in the train?

Duties of "TTE for Sleeper Coaches a) He shall check the tickets of the passengers in the coach, guide them to their berth/seats and prevent unauthorised persons from the coach. He shall in particular ensure that persons holding platform tickets, who came to see off or receive passengers do not enter the coach. b) He shall check the tickets of the passengers in the coach, when the train is on the move and open them up for passengers as and when required. c) He shall ensure that the end doors of vestibule trains are kept locked between 22.00 and 6.00 hrs. to prevent outsiders entering the coach. d) He shall remain vigilant particularly during night time and ensure that intruders, beggars, hawkers and unauthorised persons do not enter the coach"....

Insurance cannot object about treatment to the patient ,its Doctor to decide

“It is the doctors who decide what treatment is required to be given. Once the insured has paid the agreed amount of premium, insurance company is bound to meet the expenses “held in Shamim Khan V New India insurance company, Maharashtra State Consumer Dispute Redressed Commission, 2000. [Facts of the case; - Shamim Khan, the plaintiff who was working as a school teacher in Saudi Arabia suffered unbearable stomach pain when he visited India in July 2000, which led to severe bleeding. Khan was admitted to Bombay hospital where emergency surgery was conducted. Claim for total expenditure of Rs 41,158 was rejected on the plea that there was no emergency to undergo operation. Doctor’s certificate was then produced to prove the emergency in the case....

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