Legally Yours -Today & Always

01/01/2018

19/10/2017

🎉🎊💫🎁May the mirth and merriment of the magical festival of lights give you endless moments of joy and love. Happy Diwali🎉🎊💫🎁

30/09/2017

Good wins over Evil if we keep Emotions and Feelings under control.

“HAPPY DUSSEHRA”

23/04/2017

Doctors to prescribe generic drugs only or face action, says The Medical Council of India (MCI)-

The country's apex medical regulator has warned the doctors of action if they fail to adhere to its guideline on prescribing the drugs only in generic names and writing prescriptions legibly.

The Medical Council of India (MCI) has also asked the medical practitioners to ensure that there is rational prescription and use of drugs, failing which "strict disciplinary action" will be taken if they fail to adhere to its orders.

The MCI reiterated its 2016 directive, few days after Prime Minister Narendra Modi stressed on putting in place a legal framework to ensure that the doctors prescribe low cost generic medicines to the patients.

It has asked the medical community to follow its 2016 notification in which the MCI had amended the clause 1.5 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 mandating the doctors to prescribe medicines by generic names in place of brand names.

11/03/2017

Maternity Benefit (Amendment) Bill, 2016 Passed.

SALIENT FEATURES OF THE BILL :-

(i) Maternity leave available to the working women to be increased from 12 weeks to 26 weeks for the first two children.
(ii) Maternity leave for children beyond the first two will continue to be 12 weeks.
(iii) Maternity leave of 12 weeks to be available to mothers adopting a child below the age of three months as well as to the “commissioning mothers”. The commissioning mother has been defined as biological mother who uses her egg to create an embryo planted in any other woman.
(iv) Every establishment with more than 50 employees to provide for crèche facilities for working mothers and such mothers will be permitted to make four visits during working hours to look after and feed the child in the crèche.
(v) The employer may permit a woman to work from home if it is possible to do so.
(vi) Every establishment will be required to make these benefits available to the women from the time of her appointment.

Maternity Benefit (Amendment) Bill, 2016 :-
https://drive.google.com/file/d/0BzXilfcxe7yuQVk0MGgxT290dVU/view

02/01/2017

Now, pay Service Charge in Restaurants at your discretion:

Following several compaints, the govt. has asked hotels/restaurants to prominently display that the service charge in the bill is voluntary.

You, as a consumer, have the discretion to not pay ‘service charges’ added to your bill by any hotel/restaurant, according to the government.

In a statement issued on Monday, the consumer affairs department asked the state governments to advise the hotels/restaurants to prominently display that “the service charges are discretionary / voluntary and a consumer dissatisfied with the services can have it waived off.”

This follows several complaints from consumers that hotels and restaurants are seeking ‘service charge’ in the range of 5-20 per cent, in lieu of tips, which a consumer is forced to pay irrespective of the kind of service provided to him, the department said.

It said the Consumer Protection Act, 1986 provides that a trade practice which, for the purpose of promoting the sale, use or the supply of any goods or for the provision of any service, adopts any unfair method or deceptive practice, is to be treated as an unfair trade practice. Referring to the Act, the department added that a consumer can make a complaint to the appropriate consumer forum established under the Act against such unfair trade practices.

In this context, the department called for clarification from the Hotel Association of India, which replied that the service charge is completely discretionary and should a customer be dissatisfied with the dining experience, he/she can have it waived off. Therefore, it is deemed to be accepted (by the customer) voluntarily, it said.

The department has asked the States to sensitise the companies, hotels and restaurants in their respective territories regarding the provisions (on unfair trade practices) of the Consumer Protection Act, 1986. It also asked the states to advise the hotels/restaurants to disseminate information through display at the appropriate place in the hotels/restaurants.

28/12/2016

*22 Significant Judgments delivered by Supreme Court*
1. NJAC held unconstitutional (Supreme Court Advocates on Record Association vs. Union of India)
2. Yakub Memon midnight hearing [Yakub Abdul Razak Memon vs. State of Maharashtra]
3. Section 66A IT Act struck down [Shreya Singhal vs. Union of India]
4. No compromise in R**e cases [State of MP vs. Madanlal]
5. U***d mother can become sole guardian of a child [ABC vs. State (NCT of Delhi)]
6.Uphaar Verdict [Sushil Ansal vs. State through CBI]
7. Award Compensation to the victim of crime [Manohar Singh vs. State of Rajasthan]
8. Section 364A IPC awarding death penalty not unconstitutional [Vikram Singh vs. Union of India]
9. States cannot unilaterally grant remission [Union of India vs. Sriharan]
10. Minimum Edu Qualification rule for Panchayat elections upheld [Rajbala vs. State of Haryana]
11. Women can be manager of a Joint Family [Shreya Vidyarthi vs. Ashok Vidyarthi]
12. Complete Departmental inquiries within six months [Prem Nath Bali vs. Registrar, High Court of Delhi]
13. RBI also under RTI [Reserve Bank of India vs. Jayantilal Mistry]
14. Acid Attack Victims in disability list [Parivartan Kendra vs. Union of India]
15. Writ petitions maintainable against ‘deemed Universities’. [Dr. Janet Jeyapaul vs. SRM University]
16. No politician photos in Govt Ads [Common cause vs. Union of India]
17. Age determination of r**e victim clarified [State of M.P. vs Anoop Singh]
18. Amendment in complaint can be done [S.R.Sukumar vs. S.Sunaad Raghuram]
19. Obscene language cannot be allowed against ‘Historically respected personalities’. [Devidas vs. State of Maharashtra]
20. Appointment of Archakas to be made in accordance with Agamas [Adi Saiva Sivachariyargal Nala Sanga vs. Government of Tamil Nadu]
21. Father of deceased victim has right to appeal [Satya Pal Singh v. State of M.P]
22. Jat reservation unconstitutional [Ram Singh vs. Union of India]