28Nov 2018 by admin

Legal Provisions of Section 110 of Code of Civil Procedure 1908, (C.P.C.), India

Government
[Prior to the amendment of Art. 133 of the Constitution and S. 109 of the Code of Civil Procedure and deletion of S. 110 of the Code, the appellate jurisdiction of the Supreme Court in civil matters was as follows:(1) There was an unrestricted right to appeal to the Supreme Court where the value of the subject-matter of the dispute was not less than Rs. 20,000 or where the order of the High Court involved directly or indirectly some claim or question respecting property of that amount or value(a) If the judgment or the final order of the High Court was passed in exercise of its original jurisdiction (ordinary or extraordinary). ADVERTISEMENTS: (b) If in exercise of its appellate jurisdiction the High Court reversed the judgment or order of the…
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28Nov 2018 by admin

Legal Provisions of Section 107 of Code of Civil Procedure 1908, (C.P.C.), India – Powers of Appellate Court

Law
(1) Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power(a) To determine a case finally;(b) To remand a case; ADVERTISEMENTS: (c) To frame issues and refer them for trial;(d) To take additional evidence or to require such evidence to be taken.(2) Subject as aforesaid, the Appellate Court shall have the same powers and shall perform as nearly as may be the same duties as are conferred and imposed by this Code on courts of original jurisdiction in respect of suits instituted therein.The provisions of S. 107 as elucidated by Order XLI, Rule 27, are clearly not intended to allow a litigant who has been unsuccessful in the lower court to patch up the weak parts of his case and fill up omissions in…
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28Nov 2018 by admin

Legal Provisions of Section 115 of Code of Civil Procedure 1908, (C.P.C.), India – Revision

Traditions
(1) The High Court may call for the record of any case which has been decided by any court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate court appears(a) To have exercised a jurisdiction not vested in it by law, or(b) To have failed to exercise a jurisdiction so vested, or ADVERTISEMENTS: (c) To have acted in the exercise of its jurisdiction illegality or with material irregularity.The High Court may make such order in the case as it thinks fit:[Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of…
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28Nov 2018 by admin

9 Important Characteristics of Bureaucracy

Career
The word ‘Bureaucracy’ was coined by Mr. Vincent de Gournay (1712-59), an eminent French economist.But, a systematic treatment of the term was done by Gaetano Mosca, ‘The Ruling class.’ He regarded Bureaucracy as fundamental to all great empires and classified political systems either as feudal or bureaucratic. Later on Karl Marx, Roberto Michels and Max Weber widened use of the term ‘Bureaucracy.’ Characteristics of Bureaucracy: 1. Impersonality: The official staff members are personally free, observing only the impersonal duties of their offices. Image Source: leapcs.ca 2. Hierarchy: ADVERTISEMENTS: There is a clear hierarchy of offices. The functions of the offices are clearly specified. 3. Permanence: The officials are appointed on the basis of a contract. 4. Expertise: The officials are selected on the basis of contract qualifications, ideally substantiated by…
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28Nov 2018 by admin

Essay on Ethical and Legal Aspects of Hospital Administration in India

Management
The increasing number of medicolegal cases has made it necessary for hospitals and medical administrators to become aware of the medicolegal aspects to minimise civil and criminal litigation and ensure quality of medical care.In India, lawyers as yet have very little training and exposure in the complex issues involved in medical care.Therefore, health care personnel must understand the basic medicolegal issues involved in personal injury, negligence, malpractice, medical frauds, professional incompetency, and ethical issues in human experimentation, defensive medicine, organ tran­splants, reproduction medicine, sex determination and genetic counselling. Image Source : scorenashville.org ADVERTISEMENTS: Then only they can do the right things, and protect themselves from frivolous litigations.Government hospitals in the past were considered to represent the sovereign power, and under the dictum “sovereign can do no wrong” were considered immune…
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28Nov 2018 by admin

10 Important Measures of Legislative Control in India

Budget
Some of the important measures of legislative control are as follows: 1. Control of Administrative Policy: Legislation is the most important function of legislature. By laying down rules through legislative enactments, the legislatures limit as well as influence the authority and policies of the government. Image Source: thebluediamondgallery.com 2. Control of Appropriations: ADVERTISEMENTS: The executive is at the mercy of legislature for all aspects of revenue and expenditure. No revenue can be levied nor can any expenditure incurred without the sanction of the legislature. Moreover, the budgetary discussion provides opportunity to the representatives of the people to criticize the government on aspects that are unwarranted.It is the most effective means of legislative control over executive. 3. Audit and Report: In India, the report of CAG (Comptroller and Auditor General) of…
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28Nov 2018 by admin

8 Medical/Professional Acts That is Applicable to Hospitals in India

Management
Important Medical/Professional Acts that is Applicable to Hospitals are given below: 1. Indian Medical Council Act, 1933: Indian Medical Council Act, 1933 lays down the code of ethics for medical practitioners and regulates medical education.State Medical Councils established under the act have the same function in their respective states except that recognition of teaching hospitals is centrally governed by the IMC act. Image Source : download-free-wallpaper.com 2. Indian Nursing Council Act, 1947: ADVERTISEMENTS: Indian Nursing Council act, 1947 act lays down the educational standards and requirements for registration of nurses. 3. The Pharmacy Act, 1948: The Pharmacy Act, 1948 deals with the establishment of pharmacies and drug stores and with the profession of pharmacist’s.A hospital has to acquire a drug licence if it sells drugs across the counter, where only…
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28Nov 2018 by admin

Legal Provisions of Section 91 of Code of Civil Procedure 1908, (C.P.C.), India – Suits Relating to Public Matters

Law
(1) In the case of a public nuisance or other wrongful act affecting or likely to affect the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted,—(a) By the Advocate-General, or(b) With the leave of the court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act. ADVERTISEMENTS: (2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions.Section 91 (1) of the Code prior to its amendment by the Amendment Act, 1976, authorised the Advocate-General or two or more persons having obtained his…
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28Nov 2018 by admin

Legal Provisions of Order XXXVII of Code of Civil Procedure, 1908 (C.P.C.), India – Summary Procedure

Essays
Courts and classes of suits to which the Order is to apply:The rules regarding summary procedure shall apply to the following courts, namely: (a) High Courts, city civil courts and courts of small causes; and (b) other courts. In respect of the courts referred to in cl. (b), however, the High Court may, by notification in the Official Gazette, restrict the operation of this Order only to such categories of suits as it deems proper and may also, from time to time, by subsequent notification in the Official Gazette, further restrict, enlarge or vary the categories of suits to be brought under the operation of Order XXXVII as it deems proper. (Order XXXVII, Rule 1).Word ‘trial’ in S. 10 is not used in its widest suit. The concept is not…
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28Nov 2018 by admin

Legal Provisions of Section 82 of Code of Civil Procedure 1908, (C.P.C.), India – Execution of Decree

Government
(1) Where in a suit by or against the Government or by or against a public officer in respect of any act purporting to be done by him in his official capacity, a decree is passed against the Union of India or a State, or, as the case may, be, the public officer, such decree shall not be executed except in accordance with the provisions of sub-s. (2).(2) Execution shall not be issued on any such decree unless it remains unsatisfied for the period of three months computed from the date of such decree.(3) The provisions of sub-sections (1) and (2) shall apply in relation to an order or award as they apply in relation to a decree if the order or award ADVERTISEMENTS: (a) Is passed or made against…
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