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…
INTRODUCTION TO FREEDOM OF SPEECH & EXPRESSION In India, freedom of speech and expression is granted by Article19(1)(a) of the Indian Constitution. It applies only to the citizens of India and not to foreign nationals. Freedom of speech under Article 19(1)(a) includes The rights of communication and the right to propagate or publish one’s opinion.…
Amend Section 138 Negotiable Instruments Act ;Magistrates Should Record Reasons Before Converting Summary Trial To Summons Trial: SC Re Expeditious Trial Of Cases Under Section 138 of N.I Act . Citation:LL 2021 SC 217 The second proviso to Section 143 of the Negotiable Instruments Act empowers the Magistrate to convert the summary trial to summons…
In a case titled as State of Rajasthan v. Ashok Kumar Kashyap, Criminal Appeal No. 407 of 2021 (Arising from SLP (Criminal) No. 3194 of 2021) decided on : 13-04-2021, the Honourable Supreme Court of India has held that at the stage of considering framing of charge, only prima facie evidence is to be seen…
EQUALITY FOR WOMEN IS THE HARSH SOCIAL REALITY IN INDIA In India, the constitutionally guaranteed equality for women is often contradictory to the harsh social reality of the land and its cultural norms. The struggle for women’s equality began in India in the 20th century, during the struggle for Independence. In the fight against the…
Different yardstick laid by Supreme Court to Transfer Commercial Litigation The Honorable Supreme Court of India has very well laid down a proposition of law regarding the Power of the Supreme Court to transfer Suits etc. under Section 25 of the Code of Civil Procedure,1908. The matter came up before Honourable Apex Court in Fumo…
UNIFORM CIVIL CODE – MEANING The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption. The code comes under Article 44 of the Constitution, which lays down that the state shall endeavor to secure a…
The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, which came into force on 27th November 2020, applies to everyone belonging to any religion. It seek to regulate religious conversions and Prohibition of Unlawful Conversion (including through marriages). Provides for the regulation of conversion through prescribed declaration. Before we begin to discuss about this controversial ordinance…
Section 482 CrPC –Inherent Powers of High Court when to be exercised ! Section 482 CrPC reads as under:- “Saving of inherent powers of High Court Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect…
Breath Analysis or Blood Test is not necessary for insurer to reject the claim of insurance on the ground of drunken driving holds Supreme Court. The Honourable Supreme Court of India has laid down a proposition of law on April,12,2021, to the effect that in repudiating insurance claim it is not necessary for…