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Case Analysis: Medical Negligence-Spring Meadows Hospital and Anr v. Harjol Ahluwalia and Anr. (1998) 4 SCC 39.

The case analysis which is being done hereinbelow is done while considering the viewpoint of the Courts in towards the cases relating to “Medical Negligence”. The case analysis carries the facts of the case, the issues raised by the Patients and their family members vis a vis the Doctors, arguments advances by both the sides and the judgment passed by the Court. Facts -A minor was admitted in a Hospital where the patient upon examination of a Senior Consultant Paediatrician, and on advice of other doctors. Upon diagnosis it was found that the patient was suffering from typhoid fever and appropriate...

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Case Analysis: Medical Negligence-Jacob Mathew v. State of Punjab & Anr. (2005) 6 SCC 1

The case analysis which is being done hereinbelow is done while considering the viewpoint of the Courts in towards the cases relating to “Medical Negligence”. The case analysis carries the facts of the case, the issues raised by the Patients and their family members vis a vis the Doctors, arguments advances by both the sides and the judgment passed by the Court. Facts –The son filed a First Information Report (FIR) at a Police Station in Ludhiana because his father was admitted in a hospital at Ludhiana on 15.02.1995 and died on 22.02.1995 at the same place. The patient had difficulty...

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Coronavirus Outbreak & Liability of State to bring home struck Nationals

The 2019 Novel Wuhan Coronavirus (Covid-19) which originated from the Wuhan district of China has now spread globally and infected nearly 96,500 people and has claimed the lives of over 3,300 people globally. The global pandemic, as reported by the World Health Organisation (WHO) has no diagnosis till date and though the survival rate is quite high, yet stringent measures need to be taken both at the micro-level and the macro-level to fight the virus. Owing its similarity to the SARS and the potential threat caused by it, the countries across the world evacuated its citizens stranded in Wuhan and...

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Outbreak of Coronavirus: Concerns over Black Marketing, Hoarding and Exorbitant Pricing of Essential Medical Supplies and its Legal implications in India

The 2019 Novel Wuhan Coronavirus (Covid-19) which originated from the Wuhan district of China has infected nearly 96,500 people and has claimed the lives of over 3,300 people globally. The global pandemic, as reported by the World Health Organization (WHO) has no diagnosis until today and though the survival rate is quite high, yet stringent measures need to be taken at both the micro-level and the macro-level to fight the virus. In India alone, the virus has infected 30 people, though no deaths have been reported yet. Having said that there is no diagnosis till date, precautionary measures become really...

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Franchise Agreements: Clauses, Enforceability & Legal Sanctity in India

A franchise agreement is a contractual relationship, just like another contract. Similar to any other contract, a franchise agreement has two parties, namely, the franchisor and the franchisee. The franchisor leads his Intellectual Property Rights and the business system to the franchisee, who pays a royalty and a fee for conducting the business with the brand name of the franchisor. Once the franchisee commences the business, the franchisor aids the franchisee in conducting the business. Franchise agreements serve two purposes - a) Promotes a product. b) Promote a business system/format. It is interesting...

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Legal Enforcement of International Commercial Agreements in India

Post the establishment of the World Trade Organisation (WTO), cross border transactions have become much easier globally. Enforcement of contracts and adjudication of disputes is crucial if markets are to function effectively. This requires the parties to have a clear understanding of the nature of the contract, legal measures which can be taken to protect themselves, and compliance with all global requirementsThe expression “International Commercial Agreements” has not been expressly defined anywhere per se. However, a reference to Article 1(1) of the United Nations Convention on Contracts for the International Sale of Goods indicates that the term “international” is used...

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Current Indian Legal Position on Data Protection & Privacy with respect to Websites & Mobile Applications

Unlike the European Union, India does not have specific legislation governing data privacy. Even when the Information Technology (IT) Act, 2000 was enacted, it lacked provisions concerning data privacy. However, the 2008 amendment to the Information Technology (IT) Act inserted Section 43A, which deals with the liability of body corporates having failed to protect sensitive personal data collected from individuals. The compensation prescribed under the provision could extend up to five crore rupees. The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 under Section 43A of the Information Technology Act, includes a list...

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Practical Implications of the latest Consumer Protection Act, 2019 upon different Businesses, Corporates & Industries

In the era of digital economy and growing multitude of business transactions, consumer satisfaction and consumer protection are perhaps the two most important concerns for any business or service entity. Gone are the days, when the principle of “caveat emptor” or “buyer beware” used to exist in the society. Now, the consumers are at a pivotal position and their interests are at the forefront in times of changing facets of technology and commerce. In India, the new Consumer Protection Act, 2019 (the 2019 Act/new Act) seeks to replace the three decade old Consumer Protection Act, 1986 with its primary focus...

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Case Study: Significance of Executing a Non-Disclosure Agreement (NDA) with Employees

The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”. Our Querist is a Tech Start-up, which is into the field of Artificial...

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Case Study: Executing an International Commercial Agreement between a Foreign Company & an Indian Company for Outsourcing of Services in India

The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislation vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”. Our Querist is a Media Company, which is into the field of rendering...

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