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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

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The Hon’ble Supreme Court in Makwana Mangaldas Tulsidas vs. The State of Gujarat & Anr. S.L.P. (Criminal) No. 5464 of 2016 have issued notices to the Union of India, Registrar Generals of all the High Courts, the Police Department, the Reserve Bank of India, the Indian Bankers Association etc in order to enable the development of a new proforma of cheques which shall include the purpose of payment along with other necessary information in order to facilitate issues with respect to cases relating to cheque bounce under the Negotiable Instruments Act of 1881 (NI Act).

A “Relinquishment Deed” is a legally valid and legally enforceable document whereby one person can relinquish and/or surrender his/her claims and rights over an movable or the immovable property, in favour of another person.
The “Relinquishment Deed” can only be executed by the person who is the lawful owner of the movable or the immovable property. The person who executes the Relinquishment Deed is known as the “Executant” and/or the “Releasor” and the person to whom the ownership rights are surrendered and/or transferred is known as the “Releasee” respectively.

The fundamental reason for a trademark is to help individuals perceive the source of particular goods and services. The source enables individuals to decide the quality. Quality is the thing that customers typically base their buy choices on. This is the reason a trademark is critical in the economy. A trademark reflects the source and quality of the goods or services.

This is why it is essential to guarantee that the trademark isn’t being infringed upon. A trademark speaks to the brand estimation of the trademark proprietor. Infringement of trademark causes losses in finances and reputati

An application for registration of trademarks is submitted at the Head office or a branch office of the Trade Marks Registry within whose territorial limits the principal place of the business of the applicant is located. The digitization and formality checking of the application is done at the respective offices.

The Application is then examined predominantly with respect to whether the relevant mark is capable of distinguishing applicant’s goods or services, regardless of whether it is prohibited for registration under any law for the time being in force, whether the registration of the

Passing off is a type of tort, and its substantive part is established upon the common law principle. The general principle of passing-off states that no man can have any right to represent his goods as the goods of another person. As expressed over, the Trade Marks Act, 1999 does not define “Passing Off”. Section 134 (1) (c) refers to jurisdiction or power of the District courts to try the suit and even issue injunction in the matter relating to Passing off suits. The plaintiff has to establish his case and satisfy the court concerned the irreparable damages caused to them.

The word “negligence” and particularly the term “medical negligence” has been widely heard of, however, the etymology of these words cannot be plainly implied but rather on the contrary have to be studied from the point of view of both law as well as medicine. The term “negligence” means failure to exercise the degree of care expected of a person of ordinary prudence in like circumstances in protecting others from a foreseeable and unreasonable risk of harm in a particular situation. Talking about negligence as per civil law it has often been defined as the breach of legal duty by an act of c

Under the Indian legal framework medical negligence is categorized under three different aspects, i.e.

Criminal Negligence
Civil Negligence
Negligence under the Consumer laws
All these laws are applied according to the act conducted by the Medical Practitioner which includes Doctors, Nurses, Clinics, Hospitals including the Para Medical staff for which punishment and compensation is awarded by the Court as per these laws. The Section 304-A of the Indian Penal Code 1860 deals with criminal negligence, which states that “whoever causes the death of a person by a rash or negligent act not

The most important aspect before filing a trademark is that one has to do the trademark search. The trademark search is an online web based tool whereby any person can insert the details of his/her trademark and can obtain the details of the same and/or similar trademarks which have either been applied for or registered. The portal shares the entire details about the different marks which are either applied for and/or are registered which includes their status with respect to filing and the contact details of the Applicant.

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