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  What is the “Discovery Rule” and how is it applied in medical negligence cases.             The discovery rule was evolved by the courts in the United States because it was found that the claim lodged by the complainants in cases involving acts of medical negligence were getting defeated by strict adherence to the statutes of information. In Pennsylvania, the discovery rule was adopted in  Ayers v Morgan . In that case, a surgeon had left a sponge in the patient’s body when he performed an operation. It was held that the statute of limitation did not begin to run until years later when the presence of the sponge in the patient’s body was discovered. In West Virginia, the discovery rule was applied in Morgan v Grace Hospital Inc. In that case, a piece of sponge had been left in the wound during a surgical operation but its presence in the body did not come to light until 10 years later. The court rejected the objection ...
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Meaning of term “Promotion” in Service Laws

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  Meaning of term “Promotion” in Service Laws: -             In Judicial pronouncements, the term “Promotion” has been defined as:                        I.         “Promotion as understood under the service law jurisprudence means advancement in rank, grade or both. Promotion is always a step towards advancement to a higher position, grade or honor.” [1]                      II.         “Promotion as understood in ordinary parlance and also as a term frequently used in cases involving service laws means that a person already holding a position would have a promotion if he is appointed to another post which satisfies either of the two conditions namely tha...
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Location: E-53, Camp No.-2, 3rd Floor, 417-B, Rohtak Rd, opposite Metro Pillar No, Block D, JJ Colony No 2, Nangloi, New Delhi, Delhi 110041, India
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On 11.01.2021 Supreme Court held that Developer cannot compel the apartment buyers to be bound by the one-sided contractual terms contained in the Apartment Buyer‘s Agreement as the incorporation of such one-sided and unreasonable clauses in the Apartment Buyer‘s Agreement constitutes an unfair trade practice under Section 2(1)(r) of the Consumer Protection Act, 2019. An “unfair contract” has been defined under the 2019 Act, and powers have been conferred on the State Consumer Fora and the National Commission to declare contractual terms that are unfair, as null and void. Further, the Developer was also directed not deduct the Earnest Money of 20% from the principal amount, or any other amount as mentioned in Clause 21.3 of the Agreement, on account of the various defaults committed by the Developer, including the delay of over 7 months in obtaining the Fire NOC. ( IREO GRACE REALTECH PVT. LTD VS ABHISHEK KHANNA & OTHERS (CIVIL APPEAL NO. 5785 OF 2019) Enable Ginger Cannot connect ...
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Location: Nangloi, Delhi, India
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Summarised principles of Trespasser's right on the ground of settled possession and Injunction in relation thereto; I) A trespasser is not entitled to an injunction against the true owner. ii) A trespasser in settled possession is entitled to defend his possession even against the true owner unless he is evicted by due process of law. iii) Settled possession means, a trespasser's possession must be effective, undisturbed, and to the knowledge of the true owner and for a sufficiently long period to show acquiescence by the true owner. iv) What is sufficient long period depends upon the facts of each case. If you wish to add more to it, Please comment. #Legal #lawandorder #Law #propretylaws #PropertyConsultant #illegalpossession #civiladvocate #legaladvice #legalservices #legaleducation #legalupdates Enable Ginger Cannot connect to Ginger Check your internet connection or reload the browser Disable in this text field Edit Edit in Ginger Edit in Ginger × Enable Ginger ...
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