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Showing posts with the label Blog by P.S.Khurana

Intellectual Property and business value: making IP a C-suite priority

Intellectual Property and business value: making IP a C-suite priority Intellectual Property and business value - In today's competitive business landscape, safeguarding intellectual property (IP) is crucial for companies looking to maintain a competitive edge and maximize their business value. However, despite its significance, IP is often overlooked or undervalued in corporate strategy discussions. In this blog post, we'll explore why IP should be a top priority for the C-suite and how prioritizing IP can enhance business value. Intellectual Property and business value: making IP a C-suite priority. Understanding Intellectual Property:  First and foremost, it's essential to understand what constitutes intellectual property. IP encompasses a wide range of intangible assets, including trademarks, patents, copyrights, trade secrets, and more. These assets are valuable because they provide companies with exclusive rights to their creations, innovations, and brand identity. Pr...

Important Documents Required in Tenant Eviction Cases

Important Documents Required in Tenant Eviction Cases Tenant eviction disputes are among the most common legal issues faced by landlords in India. Whether the eviction is sought due to non-payment of rent, breach of tenancy conditions, unauthorized subletting, or the landlord's bona fide requirement of the property, proper documentation plays a crucial role in determining the outcome of the case. Courts rely heavily on documentary evidence to establish the rights and obligations of both parties. Understanding the important documents required in tenant eviction cases can help landlords strengthen their claims and avoid unnecessary delays in legal proceedings. 1. Rent Agreement or Lease Deed The rent agreement is one of the most important documents in any eviction matter. It establishes the relationship between the landlord and the tenant and contains the terms and conditions governing the tenancy. The agreement generally includes: Duration of tenancy Monthly rent amount Security dep...

Essential requirement of medico-legal autopsy

  The essential requirement of medico-legal autopsy. Dr. Parikh in his book “Medical Jurisprudence and Toxicology”, 5 th Edition page 83, has stated that:             The   essential requirements of a medico-legal autopsy are :   (a) it should be performed by a registered medical practitioner preferably one with special training or experience in forensic medicine (forensic pathology), (b) the examination should be meticulous and complete; and one should routinely record all positive findings and important negative ones, e.g. absence of skull fracture in a case of head injury, or absence of defence injuries in case of struggle,  (c) all information must be preserved by defence injuries in case of struggle, (c) all information must be preserved by written records, sketches, relevant photographs, and radiographs when possible, (d) evidentiary material, when recovered, should provide a factual and objective me...

Under What Law Medical Officer is authorized to conduct postmortem

The medical officer  is authorized to conduct postmortem under a specific provision of law and is duly notified Punjab Government Notification No. 332, dated 3rd April, 1905. This Notification provides as under:- In exercise of the powers conferred by Section 174of the Criminal Procedure Code the Lieutenant Governor (Governor) is pleased to appoint the Medical Officer hereinafter named to conduct post-mortem examination under that Section and to rule that, except as provided in clauses 3 and 4, bodies for such examination hall be forwarded to authorized officer employed within the district where the case arises, to whom they can be brought by rail or otherwise in the shortest time. 1.       The authorized officers appointed under this notification are: (1)    all Civil Surgeons; (2)    all Medical Officers holding Collateral Civil Charges; (3)    all staff Surgeons; (4)    all Assistant Surgeons. ...

Gun Shot and Blackening of Skin

       If a firearm is discharged very close to the body or in actual contact, subcutaneous tissues over an area of two or three inches around the wound of entrance are lacerated and the surrounding skin is usually scorched and blackened by smoke and tattooed with inherent grains of gunpowder or smokeless propellant powder. The adjacent hairs are blackened and the clothes covering the part are burnt by the flame.   If the powder is smokeless, there may be a greyish or white deposit on the skin around the wound.   If the area is photographed by infrared lights, smoke also around the wound may be clearly noticed.   Blackening is found if a firearm like a shotgun is discharged from a distance of not more than three feet and a revolver or a pistol is discharged within about two feet. (Modi’s Medical Jurisprudence and Toxicology)  

How many types of Postmortem

       There are mainly two types of postmortem i) Clinical or academic postmortem        This is a postmortem medical professional conducted it with the consent of the relative to know the degree of illness for which the deceased was subjected to treatment for that illness. ii) Medico-Legal Postmortem This is also known as forensic postmortem.           This type of post-mortem is conducted on the call of the legal authority, which is responsible for the investigation of ascertainment of cause of death like sudden, insecure, natural, unnatural,                suspicious, suicidal, etc.          There are mainly two types of postmortem i) Clinical or academic postmortem        This is a postmortem medical professional conducted it with the consent of the relative to know the degree of illness for which the deceased was subje...

Why Post-mortem is conducted

                      The basic idea and aim conducted postmortem of a dead human body  is:- i) to ascertain the cause of death. ii) status of health of the person before and after death. iii) Approximately ascertainment of time of death. iv) to establish the identity of the body. v) cause of death:- a) homicidal b) suicidal c) unnatural  d) natural e) accidental f) disease

What are the laws governing Medical Practice?

 The eight most important laws in India control the upkeep of professional standards in education, acknowledgement of academic credentials, licensing of new medical professionals, and enforcement of disciplinary action against practicing allopathic, Ayurvedic, sidhe, Unani, homeopathic, nursing, and pharmacists. These laws are: a) The Indian Medical Degrees Act, 1916. b) The India Medical Council Act, 1956. c) The Dentists Act 1948. d) The Indian Nursing Council Act, 1947. e) The Indian Medicine Central Council Act, 1970. f) The Homeopathy Central Council Act, 1973. g) The Pharmacy Act,1948. h) The Clinical Establishment (Registration and Regulation) Act, 2010.acknowledgment

Consent of the patient or his relative in medical profession

  This consent of the patient or his relative before the performance of a medical health case is known as “informed consent”. It is well established that the patient has the right to complete information in non-professional terms, relating to diagnosis, treatment, and prognosis.  He should also be informed about the alternative treatment and its possible complications. The foremost duty of the medical professional to disclose all these aspects to the patients, however subject to two exceptions: a) No disclosure is required, if the patient indicates a preference not to be informed, or b) If the physician or the surgeon believes in the exercise of served medical judgment that the patient is so anxious or disturbed that the information would not be processed rationally or that it would probably cause significant psychological harm.   In the New York case of schhendorff Vs. New York Hospital, 211NY, 215, Justice Cardozo held:- “Every human being of adult years an...

Oath as a Witness

            When a witness is called to the witness box, he must take an oath before offering testimony. "The evidence which I shall give to the court shall be the truth, the whole truth, and nothing but the truth," must be repeated by the witness when taking the oath. Saying "I do swear in the name of God/solemnly affirm that what I shall state shall be truth, the whole truth, and nothing but the truth" is the required statement for a witness wishing to testify in solemn affirmation. No failure to take an oath or make an affirmation, no replacement of one person for another, and no irregularities of any kind in the form or manner in which any oath or affirmation is administered , shall render inadmissible any evidence whatever, in or in respect of which such omission, substitution or irregularity took place, or shall affect the obligation of a witness to state the truth? 1.  Section 4 & 5 and the Schedule of the Oaths Act...

How to become a successful lawyer

First point  Continuous Learning: Law is constantly changing, and as a lawyer, it is important to stay up-to-date with the latest developments in your field. Attend seminars, read legal journals, and network with other professionals to stay informed. Second point  Refine Your Communication Skills: Effective communication is essential in the legal profession. Practise your writing, public speaking, and interpersonal skills to become a more effective communicator. Third point  Develop Your Critical Thinking Skills: The ability to analyze and evaluate complex legal issues is a critical skill for lawyers. Focus on developing your critical thinking skills by practising logical reasoning, problem-solving, and decision-making. Fourth point  Build Your Reputation: Your reputation is everything in the legal profession. Focus on building a reputation as a reliable, ethical, and effective lawyer by delivering high-quality work and treating your clients and colleagues with respe...
                 Legal Awareness and Innovation in law: The “LEGALEYE” way. It’s a hard truth that getting proper legal advice in India is a difficult and costly prospect. When receiving legal advice, we are often at a disadvantage, because the legal system in India is complex and often difficult to navigate. Furthermore, many Indians are not aware of their constitutional rights under the law, and often end up making decisions which may not be in their best interest. Another major obstacle to the legal system in India is that the delivery system for legal aid is far too inefficient. It is crucial for the rule of law and the survival of a stable society to provide proper and affordable legal aid for those oppressed. The law firm “LEGALEYE”, is the brainchild of CEO and Founder, Advocate P.S.Khurana, a dynamic professional, with a robust experience of more than 30 years of legal practice. He is practising mainl...

CRPF : Police or Army or Paramilitary ?

  CRPF, as well as BSF, CISF, etc, are called a Central Armed Police Force They are not para-military forces.  The media mostly incorrectly used the term paramilitary  Though each force has its own officer cadre, the senior ranks are all filled by IPS officers on deputation. On the other hand, the Coast Guard which was staffed by naval officers on deputation during its fledgling years is now totally officered by CG officers from the DG and below. The only paramilitary force is Assam Rifles. Its officers are on deputation from the army.

Justice is the first promise of the Constitution

                                           The Campa Cola Society residents lost the legal battle. The worst affected are the residents, whereas the major contributory for the de-back of the residents are the builders and officials of BMC. Though the aggrieved residents have the remedy to claim compensation and damages from the builders under law. But the question is, is this the solution and answer to this issue .  I am in the legal profession for the last more than 27 years. I have seen the litigation both civil and criminal owing at the title disputes. The civil disputes took at some point of time ugly turn in the shape of criminal act. The major part of the litigation revolves around these disputes of title, possession etc., be it before the civil, criminal, common or revenue court in our century. I think, there is a solution to this problem. The State may formulate a p...