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Intellectual Property: Registration and Effects
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:34:46
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:34:46
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:20:33
by: Adv. Kishan Dutt Kalaskar 2023-02-28 18:47:16
by: Adv. Kishan Dutt Kalaskar 2023-02-28 18:10:41
by: Adv. Kishan Dutt Kalaskar 2023-02-03 22:32:13
by: Admin 2023-02-01 16:45:35
Intellectual Property: Registration and Effects
Clearance to get a Passport and Visa during the pendency of Criminal Cases
Summary of the Payment and Settlement System Act, 2007
Procedure to track court cases online
Key Features of Union Budget 2023
Top 10 reasons to hire a Civil Lawyer
5 Benefits Of Hiring A Business Lawyer When Starting Your Company
Top 5 Reasons Why You Should Consult A Banking Lawyer
10 Things to Consider Before Hiring an Accident Lawyer
Payment Recovery Process
Analyzing legal and security issues in cyber contracts (E - contracts)
Discharging and Quashing in Criminal Cases
Legal compliances for online shopping sites in India
How to select a Lawyer
Supreme Court Judgments 2022
Maternity Benefit Act 1961, at a Glance
Modes of Recording Accepted by Court
Essential elements of a sale under the Transfer of Property Act
Compensation in Motor Vehicle Accident Cases
Is it important to respond to a summon?
Analysis of Section 18 of Limitation Act, 1963
Fresh period of Limitation
The breakdown of the doctrine of Res-Judicat
Impact Of Supreme Court Ruling
Analysis of Employees Provident Fund and Miscellaneous Provisions Act
How is 'BLACK MAGIC' governed in India
Different Identities of an NDA
Breaking down the requirements of becoming a Public Prosecutor in India.
Mohan Breweries & Distilleries V/s Commercial Tax officer, Madras
Kavita Kanwar Vs. Mrs Pamela Mehta & Ors
Entry into Judiciary: Minimum required Qualifications
Law of Retrenchment
Grounds for refusal of a Trademark Application
Early disposal of pending cases by the High Court
Parminder Kaur V/s State of Punjab
Central Bank of India V/s M/S Maruti Acetylene Co. Ltd.
Goan Real Estate and Construction Ltd. And Anr. V/s Union of India
Raj Kumar V/s Ajay Kumar
Synopsis of the Special Marriage Act in India
Lok Adalat has no jurisdiction to decide a matter on Merits
Significance of a Police Clearance Certificate in a pending Accident Case
Understanding the Digital Rupee
Eligibility of Teachers for Gratuity under the Payment of Gratuity Act, 1972
Dr. M. Kocher V/s Ispita Seal
Smt. Seema Kumar V/s Ashwin Kumar
Leo Francis Xaviour V/s The Principal, Karunya Institute
Nazir Mohamed V/s J. Kamala and Ors.
Addissery Raghavan V/s Cheruvalath Krishnadasan
Himalaya House Co. Ltd. Bombay V/s Chief Controlling Revenue
K. Sivaram V/s P. Satishkmar
Basir Ahmed Sisodia V/s The Income Tax Officer
Burden of Proof
Interest for delayed Payment under Payment of Gratuity Act, 1972 - Need for Change?
How to file a complaint in regards to violation of Cyber Laws
Delayed Justice from Consumer Courts
Can a registered Will be challenged in the Indian Court?
Trademark Infringement - Triple identity test in Trademark
Blockchain Technology in India – II
Manish V/s Nidhi Kakkar
Withdrawal of Mutual Divorce Proceedings
Blockchain Technology in India - I
Unnatural Offences
Surendra Kumar Bhilawe V/s The New India Assurance Company
Seat Vs Venue of Arbitration
D. Velusamy V/s D. Patchaimmal
Standard from of Contract - Legal or Illegal?
Life Insurance Corporation of India V/s Mukesh Poonamchand Shah
MSME Debt Recovery Provisions
Neelam Gupta Vs Mahipal Sharan Gupta
Analysis of Section 11A of Industrial Dispute Act, 1947.
Time Limits & Procedure to approach HC in Civil Cases
The necessity of Gender-Neutral laws in India
Sou. Sandhya Manoj Wankhade V/s Manoj Bhimrao Wankhade
Plea of Adjustment
Filing of Complaints against biased Judges
G. Raj Mallaih and Anr. V/s State of Andhra Pradesh
Zee Entertainment Enterprise Ltd. V/s Suresh Production
Chief Administrator of Huda &Anr. v/s Shakuntala Devi
Permanent Child Custody
Dilution of the statutory protection available to MSMEs
Validity of an Unregistered Sale Agreement
Ambalal Sarabhai Enterprise v/s Ks Infraspace LLP
False and misleading advertisements in India
National Legal Service Authority v/s Union of India and Others
Recovery Procedure in Cheque Bounce Cases
Roxann Sharma V/s Arun Sharma
Ganesh Santa Ram Sirur V/s State Bank of India &Anr.
Recovery Procedure of Consumer Court Cases
Bank Guarantee
M/s M.M.T.C Ltd. & Anr v/s M/s Medchl Chemical & Pharma P
Shailendra Swarup V/s Enforcement Directorate, The Deputy
SunitaTokas v/s New India Insurance Ltd.
Can couples get separated without a divorce?
Scope of Arbitration in India
Appointment of Arbitrators
NRIs right to purchase Property in India
Decriminalization of Dishonour of Cheques: a measure contradictory to its purpose
Paternity leave in India
Regulation of Cryptocurrency in India
How can litigants list their cases online?
Validity of Narco-Analysis in India
Remedies against frivolous cases registered against students by the Police
Procedures involved in a Criminal Trial
Procedured Involved in a Family Court Case
Death Certificate of a missing Person
Accountability of Police
Highlight of important Dishonour of Cheque case laws in 2020
Guidelines to be followed by Registered Medical Practitioners to dispense medicines
Land Mark Judgements on Family Law for the Year 2020
Remedies against harassment by Recovery Agents
Abetment to Suicide
Overview of the Vehicle Scrappage Policy
Rights of husbands in dowry and cruelty-based complaints
Admissibility of E-evidence; Are WhatsApp chats and E-mails admissible in Court?
Triloki Nath Singh V/s Anirudh Singh
Milmet Oftho & Ors. V/s Allergan Inc.
Director of Income Tax II (International Taxation) V/s M/s Samsung Heavy Industries Co. Ltd.
M/s ExL Careers V/s Frankfinn Aviation Services Pvt. Ltd.
The Maharashtra State Cooperative Bank Ltd V/s Babulal Lade & Ors.
Constitutionality of Bandhs
State of Himachal Pradesh V/s A parent of a student of a Medical College & Ors.
Rathnamma & Ors. V/s Sujathamma & Ors.
Ravinder Kaur Grewal V/s Manjit Kaur
Ficus Pax Pvt. Ltd. V/s Union of Indian & Ors.
Commissioner of Income Tax V/s Chandra Sekhar
Analysis of Section 41-A of CRPC, 1973
Judgment: Indian Bank V/s Abs Marine Product Pvt. Ltd.
Kailas & Ors. V/s State of Maharashtra
Sukhedu Das Vs Rita Mukherjee
Witness to a Will
National Insurance Co. Ltd V/s Hindustan Safety Glass Works
Mahalakshmi V/s Bala Venkatram (d) through LR & Anr.
Kajal V/s Jagdish Chand
Shyamal Kumar V/s Sushil Kumar Agarwal
NRI's Power of Attorney
Megha Khandelwal V/s Rajat Khandelwal and Ors.
Is Registration Compulsory under Trademark and Copyright?
Md. Eqbal & Anrs. V/s State of Jharkhand
Types of Will
Employment Contract
Police Clearance Certificate
Validity of Crypto-Currency in India
A. Jayachandra V/s Aneelkaur
Points to be considered before filing an Income Tax Return
Union of India V/s N. K. Shrivasta
Startup under the Government Programme
The procedure for filing a complaint against a Lawyer
Types of Stamp Paper
Satvinder Singh V/s State of Bihar
Sexual Violence laws under the Indian Penal Code
Shreya Singhal V/s Union of India
Division of Assets
Shaleen Kabra V/s Shiwani Kabra
Types of Property
Vasant Kumar V/s Vijaykumari
Personal Injury - Damages
Adultery under the Indian Law
United Commercial Bank & Anr. V/s Deepak Debbarma & others
Intentional Wrongs
Vinay Kumar Mittal & Others V/s Deewan Housing Financial Corporation Limited
How to get a Marriage Certificate?
Mohammed Siddique Vs National Insurance Company Ltd
Pagdi System
The Bonus Act
Frivolous Complaints under the Sexual Harassment Act
Important Income Tax Return Forms and its Due Dates
Garden Leave
How can a Private Complaint be filed?
Key changes to Indian Tax Regulations
Employees Provident Fund
Status of Triple Talaq
Contract Farming & the new ordinances that affect the Farmers
Documents required for filing a Divorce
Section 138, 141 and 142 of the Negotiable Instrument Act 1881
Validity and Enforceability of Click-wrap Agreements
Child Custody under Christian and Parsi Law
Hindu Succession Act
Oppression and Mismanagement
Fraudulent and Invalid Contracts
Developments in Reserve Bank of India
Loan Frauds in India
Penalties associated with Driving
Laws governing a Knife
Medical Negligence and its Compensation
Interim Maintenance under the Domestic Violence Act
Shortcomings of the Consumer Protection Act, 2019
Tougher rules for the E-Commerce Industry
Difficulties faced by men in Family Courts
The consumer is the King in 2020
Illegal Termination of an Employee during Covid-19.
Child Labour Laws in times of Covid-19
Real Estate scenario Post Covid-19
Post Covid-19 Digital Shift of Legal practise
Mutual Consent Divorce through Video Conferencing
59 Chinese Apps banned in India
Litigants and the Lockdown - A Court Perspective
Anticipatory Bail for cases under section 498A of IPC
Brand Protection in times of Covid-19
Title Verification of Immovable Property
The Judiciary during the Pandemic
Termination of an Employee during Covid-19
Drafting of a Will
Criminal Medical Negligence in times of Covid-19
How does Covid-19 affect employers and employees?
Rent deference during the Pandemic
Post Covid-19 digital shift of legal practise
Police Interrogation
Prenuptial Agreements
Void and Voidable Contracts
The Negotiable Instrument Act 1881
Cheque Bounce Notice
Types of Dishonour of Cheques
Intestate Succession
The Stand of Essential Commodities
Trademark Cease and Desist Notice
IT Department Notice
Eviction of a Tenant
Consumer Complaint Legal Notice
Medical Adherence to Environmental Laws
Basic Elements of Transfer of Property Act, 1882
Debt Recovery Notice
Cheque Bounce Notice
Hygiene maintenance in Hospitals and Clinics
Consequences of using a Fake Degree/Certificate
Healthcare Security
Rights of Doctors with respect to Medical Negligence
Importance of Consent
Faulty Machine Aids Medical Negligence
The Special Marriage Act, 1954
Top 2019 judgements by Supreme Court
National Medical Commission Act 2019
Money Laundering
Hindu Undivided Family (HUF)
Child Labour
Endorsement under Negotiable Instrument Act
Quashing of an FIR
Annulment of Marriage
Probate
FAQ's on Trademark
EMI - Equated Monthly Installments
Legal mistakes made by the Start-Up
What is a Stamp Paper?
Sexual Abuse in Shelter Homes
Debt Recovery provisions under the SARFAESI Act
Effective ways to stop Ragging
Transfer of Property Act
Personal Injury Lawyers
Marriage Registration under the Special Marriage Act
Rights of Tenant
Classification of various Collar Jobs
Documents to be submitted for ITR Filing
Illegal Immigrants
Role of lawyers in Corporate Finance
Intestate Succession
Employment of White Collar Employment of White Collar
Domestic Violence
Power of Attorney
Dissolution of Marriage - Christian
Noting And Protest
Hostile Witness
Unfair Trade Practice
All you need to know: Drafting a Legal Notice
Fraudulent and unauthorized transactions at ATM
Is legal documentation important in medical practice?
Why do doctors need to be updated with medical negligence laws?
Personal Data Protection Bill, 2019
Jurisdiction of Consumer Redressal Forums
Does telephonic consultations amount to culpable negligence?
Consumer dispute Redressal Forum in dealing with Medical Negligence
Validity of Notices.
Response to a Legal Notice
Promotion of Medical Products.
Doctors' Bill: Prohibition of Violence & Damage to Property Bill, 2019.
Why less Indemnity cover is risky for Doctors?
Procedure for filing a Notice in India
Format of Legal Notices in India
Citizenship Amendment Act, 2019
Demerger
Legal framework for the Elimination of violence against Women in India
International Day for the Elimination of violence against Women
Family Courts in India
Inheritance Law in India
Rights of Children in India
Virtual Clinic
New Medical Technologies in India
Land Records & Titles
Regulations for firecrackers during Diwali
Legal and Regulatory Regime: Medical Technology
Intellectual Property in Medicine
Consumer Protection Bill, 2019
Artificial Intelligence in healthcare
The Real Estate (Regulation & Development) Act
Warrant and its Types
Joint Custody of Child in India
Limited Liability Partnership (LLP)
Penal Provision on Rash and Negligent Driving
National Company Law Tribunal
Rules to be followed by the Ganpati Mandals
Need to amend CrPC and IPC to increase the conviction rate.
Motor Vehicle Amendment Act, 2019
The Growth of technology Patents in India
Citizenship under the Indian Constitution
Basic Structure of the Indian Constitution
A comparative study of the Indian, UK and the US Constitution
Can the Indian Constitution be Amended?
Overview of the Indian Constitution
All you need to know: Drafting a Legal Notice
Surrogacy (Regulation) Bill, 2019
Overview of The Indian Penal Code
Offences and Prosecution under the Income Tax Act, 1961
The abolishment of Article 370 of the Constitution: One Nation One Flag
Intervention of SC in the Unnao Rape Case
Case of abandoned NRI brides, Supreme Court issues notice to the State
Financial Risk Management
Know more about Equal Remuneration Act, 1976
Procedure to File Complain against Domestic Violence
The IndiGo Promotors Feud
Rajya Sabha passes the Triple Talaq Bill
Gift Deed
More about Contested Divorce
Things to be kept in mind - Dishonor of Cheque
Prison Reforms in India
Consumer Protection ACT, 1986
More about Joint Venture
Delay of Condonation
Points to be Noted for Child Custody to Father
Basic information of Companies
Plastic Money and their Advantage & Disadvantages
Motor Accident Claim Tribunal
Guidelines to protect doctors from frivolous and unjust prosecution
Unjust Compensation - A Doctors Perspective
Misdiagnosis: A Medical Negligence?
Exemption of doctors operating in Emergency Rooms
General Types of Medico-Legal Cases (MLC)
Duty of patient to avoid aiding Medical Negligence
Rights of the Patient
Steps to be taken to avoid Medical Negligence
Liability of Medical Negligence under Consumer Protection Act
Laws that affect Medical Professionals in India
Defense against Medical Negligence Cases
Duties of Doctors
Common types of Medical Negligence
Medical Consent for treatment in India
Regulation for E - Pharmacy in India
Types of Consent for Medical Treatment
Guidelines for Autopsy/ Postmortem in India
Guidelines for the prescription of medicines
Procedure to start a Pharmacy Store in India
India Vs Pakistan: Kulbhushan Jadhav's Case
Contempt of Court
Juvenile Justice Act, 2000
Bankruptcy & Insolvency in India
The Maternity Benefit Act, 1961
Guardian and Ward Act In India
Medical Negligence in India
Procedure to be followed in Civil Recovery Proceedings
Rights of Consumers
Mandatory Registration of Documents and procedure
Rafale Deal And All About The Controversy
By: admin
Date:16 March 2020
Medical Negligence
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Likes:0Environmental law is the collection of regulations, ordinances, common law and agreements that govern how individuals interact with their environment. The main objective of environmental law is to protect the environment and generate rules for how an individual can use natural resources. The environmental law not only protects the environment but also determines who can use the natural resources. Law also regulates forest protection, pollution, the use of natural resources, mineral harvesting and fish populations and animals.
Environmental issues in India
In India, there are many environmental issues such as Air pollution, water pollution, pollution of the natural environment and garbage are all challenges for India. The condition was worse between 1947 through 1995. India has a long way to go to arrive at an environmental standard same to those enjoyed in countries with evolved economics. The growing pollution remains a primary challenge for India. Several have cited economic development as the reason concerning the environment problems. The medical fraternity is one of the most significant contributors to this challenge.
Hospitals are responsible for the environmental issues arising due to the waste they generate and due to the number of resources they use. The healthcare sector has just begun to understand the impact that environmental problems such as climate change will have on the healthcare industry.
“A green and healthy hospital” is one that encourages public health by continuously minimizing its environmental impact and indirectly evicting its assistance to the burden of disease. A green and healthy hospital overseas the link between human health and the environment and determines the understanding through its strategies, operations and governance. It joins local needs with environmental action and practices primary prevention by engaging in efforts to foster health equity, community ecological health and a green economy.
Environment Impact Assessment
Environment Impact Assessment (EIA)are procedures which make sure that all environmental issues are taken into account during the preparation process itself. In 1994, it was made obligatory under the Environmental Protection Act of 1986. The Ministry of Environment and Forests (MoEF) uses EIA as a leading tool for reducing the adverse impact of rapid industrialization on the environment and for reversing those trends which may lead to climate change in the long run. EIA is an essential tool in assuring that plans and projects will not provide an adverse impact on the environment. The EIA procedure thus could not merely prevent expenditures owing to environmental aspects but also prevent possible public views and protests against a plant.
When in hospitals, the wastes like used bottles or pieces of cotton is discharged, the EIA tool makes sure that the waste dumped is not harming the environment. The assessment is done in such a way that it checks all the ways through which a particular hospital is dumping or discharging its waste to regulate the environmental conditions near the hospital. Further EIA also helps when a hospital demands to construct a special place for dumping such material, as it overviews the impacts and all the pro’s and con’s related to it.
Sustainable Development
Sustainable development means an event that meets the needs of the present without compromising the ability of future generations to meet their own needs. The sustainable development includes Solar energy, Wind energy etc. Sustainable development has three pillars such as Economic growth, Environment protection and Social development.
India is one of the extremely bio-diverse countries of the world. Its main aim is to bring together development and environment into a single set of targets. The concept of sustainable development can be interpreted in many different manners, but at its core is an approach to development that looks to balance dissimilar and often completing, requires against a consciousness of the social, economic and environmental limitations we face as a society.
Care systems and the hospitals slowly are looking for ways to reduce overall costs and improve efficiency while also improving the patient’s overall experience. Aggressively pursuing goals and making an active commitment to sustainability provides various strategic benefits that can help the hospitals and care systems thrive. They can accomplish sustainable initiatives reap benefits in multiple areas. Efforts of hospitals and care systems contribute to a healthier environment, can help the local communities, and improve the organization’s public perception. One of the ways through which sustainability can improve population health is by contributing to healthier communities, minimizing the use of community resources such as water and energy and also by reducing pollution.
Environmental Laws Regulations
The requirements for the protection and conservation of the environment and sustainable use of natural resources are reflected in the constitutional framework of India. Legislation has passed many acts for environmental protection.
Following are the laws passed by the legislation for environmental protection.
1. The Air (Prevention and Control of Pollution) Act, 1981
The Air (Prevention and Control of Pollution) Act, 1981 is an act to give for prevention, abatement and control of air pollution and the organization of Boards at the Central and state levels with a view performing the aforesaid reasons. To confer the boards, the authorities to execute the provision of the act and assign to the Boards functions connecting to pollution.
One of the major reasons through which air pollution is caused is by the emittance of smoke from the hospitals. This harmful smoke is a result of the pharma industries where the medicines are manufactured for the hospitals. Toxic smoke into the environment leads to air pollution.
2. The Water (Prevention and Control of Pollution) Act, 1974
The water act has been enacted to provide for Prevention and Control of Pollution and also to carry on or reinstate wholesomeness of water in the country. Further, it is provided for the organization of Boards for prevention and control of water pollution to perform the aforesaid purposes. This act forbids the discharge of pollutants into water bodies beyond the provided standard and lays down punishments for non-compliance.
Apart from the chemical industries, even the hospitals are responsible for water pollution. The waste which is generated by the hospitals is sometimes dumped inappropriately in nearby lakes and rivers, giving rise to water pollution, which is a major shortcoming for the environment. Water pollution further harms aquatic life. Hence, this vicious circle never ends, and therefore, hospitals must be responsible enough to dump the waste appropriately.
3. The Environment Protection Act, 1986
The Environment Act provides for the improvement and protection of the environment. This act establishes the framework for studying, planning, and implementing long-term needs of environment safety and laying down a system of speedy and sufficient reply to situations menacing the environment.
Talking about the health industry, it is essential that hospitals take care of the environment. There are duties and responsibilities of every citizen to take care of the environment. A hospital can ensure environment safety by providing a peaceful environment to its patients and as well as to the general public.
4. Hazardous Waste Management Regulations
Hazardous waste includes any waste which, by cause of any of its reactive, physical, explosive or corrosive, characteristics, chemical, toxic, flammable, cause hazard or is likely to cause a danger to health or environment, whether alone or when in contact with other wastes.
Mostly, the waste discharged by the healthcare sector is hazardous as it contains chemicals and toxic items. This substance, when released into the environment, causes adverse effects on the environment. Therefore, it is necessary and important for the healthcare sector to dump all its waste in adherence to the Hazardous Waste Management Regulations so that in future, no such cases arise.
5. The National Green Tribunal Act, 2010
The National Green Tribunal act has been enacted with the purposes to provide for the establishment of an NGT for the effective and expeditious disposal of matters relating to environment protection and other natural resources such as the enforcement of any legal right relating to environment and compensation for injures to persons and property and for cases connected therewith or incidental thereto.
The NGT comes into picture when any legal case arises. This type of situation may occur when a hospital fails to dispose of its waste or commits any activity which harms or hinders the environment. A case against the hospital may be brought by the NGT and not an individual. In such circumstances, the hospital is answerable to the National Green Tribunal, which might impose fines or penalties on the hospital.
Conclusion
Environmental pollution is the main problem in different parts of the world, which needs policymakers to employ several mitigation strategies. Many reasons affect the environment; increasing population, economic development, urbanization and industrialization etc. In India, economic development and population growth are contributing to too many grave environmental calamities.
Sustainable development is about finding better ways of doing things for the present and future. We might require changing the way we work and live now, but this doesn’t mean our standard of life will reduce. With all of these, India is witnessing a high amount of environmental pollution due to the healthcare sector. As per reports, 5 per cent of the country’s GDP is spent on the Healthcare sector. It is the responsibility of the healthcare sector that this spending is used most appropriately. The hospitals can construct areas where the waste can be dumped off easily. A hospital can also utilize its resources and production in such a way that waste is minimized with effective and low-cost production.
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