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Advertisement of items, claiming miraculous or supernatural powers via television is illegal -Bombay High court

Section 3(2) of the Act shows that abetment of such propaganda is also an offence.In this background, the Court held TV channels, which telecast such advertisement also liable under Section 3 of the Black Magic Act · Due to this superstitious approach all categories of persons , rich and poor, educated and uneducated are being exploited by so-called Babas by selling articles in the name of Yantra, Ganda etc T.V Channels have duty to develop scientific temper...

Bank negligent for not transferring premium amount to Insurance company

Oriental Insurance Company Limited had launched a ‘group individual accident policy’ for the account holders of the Bank. The account holder was required to submit a form to the concerned officer of the Bank in order to avail the insurance cover. Bank was authorised to verify the signature of account holder and then submit the form to insurance company and subsequently transfer an amount of Rs 100/-per month by deducting the same from the account holder. An insurance cover of Rs 5 lakhs was offered...

Surveyors report cannot be rejected against estimate given by authorized dealer.

. Appointment of surveyor is provided in the Insurance Act 1938 and hence Surveyor report cannot be challenged unless cogent evidence against such report is available on record...

Notaries/Oath Commissioners not authorized to execute Marriage/Divorce Documents

Court held job of Notary is defined under Notary Act. The Notaries/Oath Commissioners not authorized to execute marriage/divorce documents. M.P. High court calls state for strict guidelines Ref. -Mukesh v State of MP Decided on 31.12.2020...

The officer while carrying out the arrest mandatorily utters the following words Miranda Rights.

Supreme Court Ultimately held that prosecution cannot use statements that stem from the interrogation of the accused unless it has complied with certain procedural safeguards. The procedural safeguards were as follows, 'Prior to any questioning, the person must be advised that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive these rights, provided the waiver is made voluntarily, knowingly, and intelligently.' This is how practice of pronouncing these words follows now before arresting any person...

Medical negligence not limited to treatment only (Medical Negligence theory through landmark judgments by SC)

Smt. Savita Garg vs The Director, National Heart ... on 12 October, 2004Author: A Mathur Bench: B.N.Agrawal, A.K.Mathur CASE NO.:Appeal (civil) 4024 of 2003 DATE OF JUDGMENT: 12/10/2004 Law lay down An error of non-joinder of necessary the party cannot result in dismissal of the original Petition for non-joinder of party. !) “The National Commission shall, in the disposal of any complaints or any proceedings before it, have the power of a civil court and can direct the parties to disclose the name and other particulars of treating doctor if not known to the complainant.” !!) “So far as the law with regard to the non-joinder of necessary party under Code of Civil Procedure, Order 1 Rule 9 and Order 1 Rule 10 of the CPC is concerned, no suit shall fail because of mis-joinder or non-joinder of parties.Even if the concerned doctor and the nursing staff who were looking after the deceased have not been impleaded as opposite parties, it cannot result in dismissal of the original petition as a whole.” !!!)Since the burden is on the hospital to prove not guilty, they can discharge the same by producing treating doctor of the patient in defense to substantiate their allegation that there was no negligence !V) The hospitals are institutions, people expect better and efficient service, if the hospital fails to discharge their duties through their doctors being employed on job basis or employed on contract basis, it is the hospital which has to justify and by not impleading a particular doctor will not absolve the hospital of their responsibilities....

Internet addicted clients - A new challenge to Legal Professionals

The material available on internet is not all the time authentic or tested through established parameters and standard. For example some literature regarding legal or medical theory is put on net by a person expressing his view point which is yet in experiment stage but the author strongly believes his views .Until and unless his views undergo some tests and becomes established norms in the particular field, it is yet a view only. But a person searching internet for everything does not bother to choose original website for the subject and gets copied information through search engines which is not direct information. This literature if provided as an expert opinion in medical case or legal case, it shall not be entertained by the courts but client press for the same before the advocate or doctor while giving his case to the professional....

Epidemic Disease Act of 1897;How far it affects consumer Protection Act

he above provisions are made for protection of medical practitioners against any harm by any person or persons or mob to them or to their property or even to their right as tenant ensured under the law. This law nowhere talks of or explains or curtails anything in obligations, responsibilities or duty of the doctors to the patient. They are not relaxed or allowed to compromise with their professional services to the patient. Under the circumstances if they are negligent in performing their duty causing damage or harm to the patient, they are not to get any immunity for the same under the new provisions added up to the Epidemic Disease Act of 1897 .They are liable under Consumer Protection Act which is a separate law governing only the services they render to their patients whereas amended Epidemic law provides for punishment to those who commits offence against doctors....

Exploiting Consumers in the name of Covid -19

Petition moved by one Vinod Kumar, challenging RERA's circular dated May 13, 2020 extending the period of validity of registration of projects by six months 1. Alleged that the circular was issued to give relief to those projects whose registration was expiring on or before March 15, 2020, by treating the Covid crisis as a 'Force Majeure' 2. Those projects whose registration has expired long back had been extended by six months. 3. Due to this, he submitted, several small-time home buyers were suffering as the builders had stopped work. 4. Power to issue circulars/ notifications of this nature vests in the State Government and not in the adjudicatory bodies. At best, RERA could have entertained an application under Section 84 or 85 of the RERA, 2016. However, no such application was moved in the instant case. 5. The bench of Justice Rajan Gupta and Justice Karamjit Singh was "surprised" that the RERA had provided blanket extension to all projects, including those that had expired long back.4....

Maintainability of consumer complaint when case already pending in civil court on the same issue

!)The National Commission in M/s. Special Machines, Karnal v. Punjab National Bank & Ors., as reported in I (1991) CPJ 78, held that ‘when the subject matter of a complaint was sub-judice before a Civil Court, the Commission could not interfere.’ !!)A similar view has been taken in ‘Lilly Chaoyin v. CMD, Tamilnadu Industrial Investment Corporation & Ors. by the Tamilnadu State Commission, as reported in II (1995) CPJ 209. In view of the above discussions ,it stands clear that no one can opt for two remedies for the same cause and cannot be benefitted twice for the same loss....

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