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MEDICOLEGAL
Whatis Law Right ofDoctors ResponsibilitiesNegligence ConsentsRecords CasesLegislations MedicalEthics FAQ’s
-:Whatis Law ? :-
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Definition of Law:Setof obligations to each other.i.e. rights or duties to each other.
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Obligations may be:Created.Imposed.
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Created obligations are dealt by thebranch of law known as contracts and dealtwith for remedial measures under:Civil Courts exercising jurisdiction overContracts,sale of goods, property, agency,insurance, banking, negotiable instruments etc.MRTP Courts, Company law board etc.Consumer Protection act.
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Imposed obligations are dealt bycriminal law:IPC, CrPC, TADA, COREPOSA etc.Torts.Welfare legislation of state: IDA,Factories act, payment of Bonus etc.Tax collection to run the state:income tax, wealth tax, gift tax,sales tax, excise, customs, FEMAetc.
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Consumer protection Act:Mixture of welfare legislation and civilremedy to give better deal to unorganized customers.To improve quality to goods produced byour country.To improve quality of servicesprovided in ourcountry.
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All along after independence India hadshortages of goods and services so theywere protected by various kinds ofprotective legislation example: Customs,FEMA, IDRA.But now there is no dearth of goods andservices available to its people so wemust improve their quality so thatevery person gets better quality of goodsand services and India can export such quality goods and services to othercountries so as to enter in freeinternational economy, Indian currency isfully convertible like dollar and poundsterling.
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The thenUnion Health minister Mr. Bharadwajstated on the floor of parliament thatdoctors are not under the ambit ofCPA-1986. Mr. Manishanker Aiyer assuredIMA that late Mr. Rajiv Gandhi did not want doctors service to be include in thesaid act. But after the legislation ispassed it is left to judicial discretionof judges who administer the law as towhat is the true interpretation of law.Discussions of individual politician haveno force of law.
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