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
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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
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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?
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Director of Income Tax II (International Taxation) V/s M/s Samsung Heavy Industries Co. Ltd.
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State of Himachal Pradesh V/s A parent of a student of a Medical College & Ors.
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Judgment: Indian Bank V/s Abs Marine Product Pvt. Ltd.
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Employment Contract
Police Clearance Certificate
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The Bonus Act
Frivolous Complaints under the Sexual Harassment Act
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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
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Validity and Enforceability of Click-wrap Agreements
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Oppression and Mismanagement
Fraudulent and Invalid Contracts
Developments in Reserve Bank of India
Loan Frauds in India
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Medical Negligence and its Compensation
Interim Maintenance under the Domestic Violence Act
Shortcomings of the Consumer Protection Act, 2019
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Cheque Bounce Notice
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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
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Healthcare Security
Rights of Doctors with respect to Medical Negligence
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Transfer of Property Act
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Classification of various Collar Jobs
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Illegal Immigrants
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Intestate Succession
Employment of White Collar Employment of White Collar
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Power of Attorney
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Hostile Witness
Unfair Trade Practice
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Demerger
Legal framework for the Elimination of violence against Women in India
International Day for the Elimination of violence against Women
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Rights of Children in India
Virtual Clinic
New Medical Technologies in India
Land Records & Titles
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Consumer Protection Bill, 2019
Artificial Intelligence in healthcare
The Real Estate (Regulation & Development) Act
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Joint Custody of Child in India
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National Company Law Tribunal
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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
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Things to be kept in mind - Dishonor of Cheque
Prison Reforms in India
Consumer Protection ACT, 1986
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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
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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
This appeal has been filed before the Honorable Supreme Court pursuing to the order passed by the National Consumer Dispute Redressal Commission on the date of 7th October, 2016. The state through the chief secretary in the Ministry of Health and Family Welfare and other appellant (Safdarjung Hospital) filed such appeal against such order passed wherein the then complaint filed such complaint with regards to medical negligence against the two hospitals i.e. Safdarjung Hospital and Sarvodaya Hospital. The consumer dispute redressal forum allowed the revision filed by the Sarvodaya Hospital. The redressal forum passed an order that is to pay the complainant a compensation of INR 2,00,000/- by the Safdarjung hospital. The complainant herein was the husband of woman, who was brought in to the hospital on the day of 9th March, 2004 and was admitted in the medical emergency room of the Sarvodaya Hospital due to reason of she being pregnant, she was admitted in the room at about five am.
The women the spouse of the complainant delivered a baby at 8 am, 3 hours after the admission time. The spouse herein said that the baby that was delivered by his wife was born prematurely and needed care and protection under the hospital’s ICU in the nursery. The Hospital officials recommended the man and his wife to Safdarjung Hospital for such medical care to the infant. The then complainant filed a complaint stating that he has been cheated in this case as the prior confirming the services of the Hospital it was stated by the hospital employees that the hospital is fully equipped by the Nursery ICU and other facilities as required for all-round medical care of the infants. The complainant after the recommendation further moved to the Safdarjung Hospital on the same day between the 12 pm after-noons to 1 pm. The infant of the complainant was not placed in the Nursery ICU but was initially placed in the general ward and then was transferred to the general ICU. The infant of the complainant then died in the last week of April, 2004. So, a complaint was filed with the District Consumer Dispute Redressal Commission pleading fair decision regarding the inefficiency of the services provided by the hospitals.
Issues of the Case
Judgment
The Supreme Court while recording the facts of the above matter and after hearing the counsels at length the court states its observation the judges mentioned that any organizations which provides free of charge service only are to be considered for creating exception out of Act. The Court sees the facts and opined that in such situation where the challenge inadequate before the district forum and no agency of the government including NCDRC and SCDRC can provide any conclusive decisions also neither this court can conclude the matter filed before it. The court agrees that the compensation awarded in the above matter is relatively small and such small matter will not suffice the requirement of Justice. The court mentioned that the amount of Rs. 2,00,000/- is invalid and less as compared to the loss suffered by the respondents. The Additional Solicitor General M.R. Suri’s suggestion was to provide an opportunity by keeping the jurisdiction of the matter open for laying down the foundation of the facts and evidence from the Safdarjung hospital and from the Union of India. The court finds this suggestion to have complete thoughtfulness in deciding further the matter and any decision then taken by the court will have its complete consensus.
The Court further mentions that it regards not as a precedent of any judgment given by this court or of the National Consumer Dispute Redressal Commission to decide the question of the law in matter generally. The court finds it is necessary to confine the judgment of the National Consumer Dispute Redressal Commission to the peculiar factual background as it is been noted in the present case. The court finds it extremely important to figure out whether the act and its provisions are the in parlance to govern the Safdarjung hospital and if it does further factual foundation plays a greater role in deciding the matter.
The Honorable Court decides that no judgment passed by the National Consumer Redressal Commission will be set as a precedent to interpret the general question of law in any matter including the above. The Court is also yet decide that whether under the provision of the Civil Procedure Code, 1908 the National Commission has the revision appellate authority or not. The Honorable Court decided that the court does not find itself in a position to deal with matter only on the question of amount involved it affirms the quantum of the compensation awarded to the complainant and passed the judgment.
The amount of INR 2, 00,000/- should be paid to the complainant within the period of 2 months from the date of this order. The Honorable Court also stated that all the appeals related to this matter stands disposed accordingly.
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