Contract Is Void If Prohibited By Statute Under A Penalty Even If It Does Not Expressly Declare It Void: Supreme Court

  In Asha John Divianathan Vs Vikram Malhotra & Ors., CIVIL APPEAL NO. 9546 OF 2010, a three-member bench of Supreme Court of India comprising of Justices AM Khanwilkar, Indu Malhotra, and Ajay Rastogi while dealing with Section 31 of the   Foreign   Exchange   Regulation   Act,   1973 decided upon as to whether a transaction (specified in…

interest to be paid on delayed payment of salary and pension

Salaries & Pensions are rightful entitlements of Government Employees – Appropriate Interest must be paid for Delayed Payment: Supreme Court

The Supreme Court observed that salaries and pensions are rightful entitlements of Government employees and the Government which has delayed the payment should be directed to pay interest at an appropriate rate. The Supreme Court bench comprising justices D Y Chandrachud and M R Shah added “Salaries are due to the employees of the State…

Accident information reports to process compensation claims should reach tribunals, insurers in 48 hours: SC  

  The Supreme Court has directed police stations to send accident information reports to Motor Accident Claims Tribunals ( MACT) and insurers within 48 hours of the road mishap.   “The jurisdictional police station shall report the accident under Section 158(6) of the Motor Vehicle Act (Section 159 post-2019 amendment) to the tribunal and insurer…

AYUSHMAN BHARAT YOJANA- LEGAL ADVICE GURU

Ayushman Bharat Scheme- Does it Guarantee Health Care?

What is the Ayushman Bharat Scheme?  The Ayushman Bharat Scheme, launched by the Centre in September 2018. The government health insurance scheme covers most medical treatment costs and offers cashless hospitalization services through the Ayushman Bharat Yojana e-card. Touted as one of the world’s largest health insurance schemes, approximately 50 crore beneficiaries are eligible for…

MEDICAL NEGLIGENCE OF A MEDICAL PROFESSIONAL

 ” HOSPITALS LIABLE TO PAY IF CONSULTING DOCTORS INVOLVED IN MEDICAL NEGLIGENCE ” – SC

The Supreme Court recently reiterated that a hospital is also vicariously responsible for the medical negligence committed by the medical professionals employed or retained by it.   It is well established that a hospital is vicariously liable for the acts of negligence committed by the doctors engaged or impaneled to provide medical care.   It…