Month: November 2020

Awaj – The Blog:

‘Awaaz: The Blog’ is an initiative of the Legal Aid Society, Campus Law Centre, University of Delhi. The blog publishes articles with the aim to encourage diverse legal discourse on contemporary social, political, and legal issues, and wishes to create a space where different ideas can come together and converse with each other.

Call for blogs:

The present issue of Awaaz focuses on social issues as well as legal and policy matters. Preference shall be given to recent developments and trends in the socio-legal domain. Owing to the nature of the blog, we shall give preference to the entries which are purely legal analyses.

Submission Guideline:

1. Submissions should be the original work of the author(s)/contributor(s). Any form of plagiarism will result in immediate disqualification for publication on the blog.
2. Authors are advised to keep their articles concise and precise to enhance the effectiveness of their posts, ideally not more than 1,500 words (excluding footnotes).
3. Co-authorship of up to 2 authors is allowed.
4. The content of the article should be in Times New Roman style, font size 12, with 1.5-line spacing, and footnotes in Times New Roman style, size 10, with 1.0-line spacing. All headings must have uniform formatting.
5. Wherever case law, statutory material, or other resources are being referred to, appropriate links must be provided in the footnotes.
6. Footnotes should conform to the ILI Citation Rules available at http://www.ili.ac.in/cstyle.pdf. Submissions with endnotes shall be rejected.
7. In accordance with the double-blind review process, the name of the author(s) or their institutional affiliation must not be mentioned anywhere in the article.
8. The Editorial Board of Awaaz and the Teacher Convener of the Legal Aid Society, Campus Law Centre shall conduct a strict editorial review of submissions received and hold absolute discretion in determining whether to accept a submission or not.
9. Articles/Posts accepted for publication on Awaaz may be cross-posted. Such cross-posting shall not require the prior consent of the author(s).
10. Please ensure that the title of the submission is not more than eight words long.

How to submit?

• The article must be sent in an MS Word document (.doc or .docx) as a mail attachment to awaaz.bloglasclc@gmail.com with the subject “Blog Submission”. PDF/other formats/hard copy submissions will not be accepted.
• The body of the email must mention:

1. Name of the author(s);
2. Contact number;
3. Name of the Institution;
4. The academic year of the course pursuing;
5. Title of the paper and
6. A declaration stating that the article is an original and previously unpublished work of the author(s) (two-three sentences would suffice).

Contact details:

All correspondence and queries may be addressed to awaaz.bloglasclc[at]gmail.com.

Editor-in-Chief: Vasudha Singh (+91-8130426636)

Managing Editor: Puja Raghavan (+91-9899527114)

Visit: http://www.lasclc.in/

For submissions guidelines: http://www.lasclc.in/submission-guidelines/

For articles published by Awaz: http://www.lasclc.in/awaaz/

Lexpeeps honest opinion:

• Law students exploring their interests and trying to give an edge to their writing skills.
• Want to excel in their interpersonal skills like writing, communication.
• 1^st, 2nd law students shall participate as these are the opportunities that give them exposure.
• All the law students trying to bring laurels to them.
• Knowing and not knowing about the subject doesn’t matter if you are willing to work hard and research a lot about your topic.

Note: This is just a suggestion from Lexpeeps side to everyone reading. It has been seen that in this hard time, students are panicking and doing everything and anything just to add on to their CV/Resume, even the things that are not going to add so much value to their CV’s.

Visit us for more such opportunities: http://lexpeeps.in/

About the Conference and organizers:

Centre for Training and Research in Commercial Regulations (CTRCR), MNLU Mumbai is organizing One Day National Seminar on ‘Competition Policy & Cartels’. MNLU Mumbai is a premier National Law University and the Centre for Training and Research in Commercial Regulations is dedicated to training & research in areas of commercial laws & practices.

The objective of the conference is to:

• Provide an interactive forum to engage in the discourse on Substantive and Procedural laws in Cartel.
• Stimulate research and debate on contemporary challenges in a digital market economy with respect to Cartels.
• Develop a better understanding of competition concerns in different types of cartels in different market conditions.
• Create a network among the academicians, researchers, students, and industry (particularly those working in the area of Competition Law) so as to develop an environment for the exchange of ideas between academia and industry.

Sub Themes:

1. Legal & Enforcement Framework
2. Cartels in the digital platform market
3. Hard Core Cartels
4. Soft Cartels
5. International Cartels
6. Dawn Raids & Investigations
7. Calculation of Fines in various jurisdictions
8. Punishments: Civil & Criminal Liability
9. Leniency Programme
10. Extraterritorial Jurisdiction
11. Private Enforcement Actions
12. Cartels in Pandemic Times

Note: The sub-themes mentioned above are only suggestive. The authors are free to include any issues within the main theme.

Participation guidelines:

Who should participate?

This conference is aimed at students, researchers, academicians, executives of companies, and practitioners in the area of Competition Law. The conference will have a balance of lectures and presentations from academicians as well as practitioners.

Co-Authorship:

There can be a maximum of three Co-Authors for a Research Paper. All the authors as well as co-authors will have to separately register themselves by paying the requisite registration fees.

• One co-author or all may present the paper.
• Only those who submit the full paper can attend the conference and present their paper.

Dates to remember:

• Last date of submission of abstracts: 26 November 2020
• Review, Selection and intimation to authors: 28 November 2020
• Last Day for Early Bird Registration for Conference: 30 November 2020
• Last Day of Submission of Full Paper: 9 December 2020
• Conference Date: 12 December 2020

Abstracts shall be submitted in a word document, with a covering letter containing:

• the name,
• designation, and
• affiliation/profile of the author(s),

and should be emailed to kiran[at]mnlumumbai.edu.in and the subject of the mail shall be ‘Abstract Submission’.

Certificate of Merit would be given for Best Presentation in each session.

All Certificates will be couriered to the address of participants.

Subject to the consent of any reputed publisher, few selected papers may be published in book form.

Registration Details:

Under Graduate Students

• Early Bird Registration Rs. 750/-
• Late Registration Rs. 1000/-

Research Scholars/Teachers/Professionals

• Early Bird Registration Rs. 1000/-
• Late Registration Rs. 1500/-

For Participants of Certificate Course on Competition Law: Rs. 500

Payment Details

• Beneficiary Name: Maharastra National Law University, Mumbai
• Bank Name: Punjab National Bank
• Branch: Powai (Mumbai)
• Account Number: 8709000100018239
• IFSC Code: PUNB0870900

On the selection of abstracts, the author/authors have to register by making an online payment. In the case of more than one author, all co-authors have to register separately.

After registration, participants shall write a mail to kiran@mnlumumbai.edu.in with the subject ‘Registration and Payment Details’. The mail shall include the Amount deposited, date of transaction, and transaction ID.

For any query, write a mail to kiran[at]mnlumumbai.edu.in

Visit us for more such opportunities: http://lexpeeps.in/

About the institution:

Bharati Vidyapeeth (Deemed to be) University’s New Law College, established in 1978, is a premier institute of international excellence in the field of legal education. It is one of the constituent units of Bharati Vidyapeeth, Pune. It is recognized by Bar Council of India & University Grants Commission. 

About the journal:

Bharati Law Review (BLR) is a Quarterly double-blind Peer review academic journal, published & print. The Journal is currently looking for submissions for Special Issue on Alternative Dispute Resolution Volume IX (II) (Oct-Dec) 2020. It focuses on issues related to Administrative Law, Civil Procedure Law, Criminal Law, Criminal Procedure Law, Domestic Law, Economic Law, Environmental Law, Intellectual Property Law, Private International Law, Public International Law, Media Law, E-commerce, Banking, Insurance, Information Technology, Computer Science, Cyber Security, and emerging trends in allied subjects.

About the competition:

Bharati Vidyapeeth (Deemed to be University), New Law College, Pune’s: Madhyasthta – The ADR Cell in association with The CADRE & Young MCIA brings its first International Article Writing Competition focusing on the theme: “The Future of the Online Dispute Resolution” to create awareness and bolster research in the field of dispute resolution using the online methodology.

Eligibility:

Students enrolled under the Undergraduate & Post Graduate programs.

Theme:

The participants should submit their articles focusing on one of the following themes. The title/topic of their research article could vary depending on the theme they choose to focus on.

1. Online Arbitration of small value disputes.
2. The use of Blockchain Technology in ODR.
3. Role and Skills of a Digital Arbitrator.
4. Enforcement of settlement agreements arising from International Commercial Mediation.
5. Making ODR prevalent rather than optional.
6. Synchronized Regulations for ODR.
7. Documents only Arbitration.
8. International Commercial Negotiation in Mergers & Acquisitions Disputes.
9. The modern phase of Dispute Resolution coupled with Technology.
10. Development of an International ODR Regime for Cross-Border Disputes.

Awards:

• The top three winners will get a prize of USD 100, USD 75, and USD 50 respectively by The CADRE.
• The winners will get an internship at MCIA & The CADRE.
• Publication: Selected Articles will be published in the special edition of Journal on Alternative Dispute Resolution in collaboration with Bharati Law Review. (ISSN Number: 2278-6996 (Print) | e-ISSN NO.: 2457-0567)
• Participation certificates will be awarded to all the participants.

Guidelines:

Only a single authorship is allowed with respect to the competition. Visit the guidelines here: http://bharatilawreview.com/index.php/home/authorGuidelines

How to submit?

Make your submission by uploading the submission here: https://docs.google.com/forms/d/e/1FAIpQLSeTs8Ph5xro0OUyeUQywYFucRyLbxD5hagam8w3ufFOMqUEyg/viewform.

All the submissions shall be made by mailing the articles to blr@bvpnlcpune.org.

Dates to remember:

Last Date of Submission: 30th November 2020.

Declaration of Results: First Week of December.

Visit us for more such opportunities: http://lexpeeps.in/

DSNLU’s Centre for IPR is organizing the 2nd A.P.J. Abdul Kalam Memorial National IPR Online Quiz Competition 2020.

Date:

20th November 2020.

Eligibility:

Bonafide Student pursuing Integrated Five Years BA. LLB, B.Sc LLB, B.Com LLB, B.tech. LLB, Three years LLB, including LLM and Research Scholar’s in law only.

Registration detail:

Registration fee: Rs. 100/-

• Registrar: DSNLU
• Account Number: 283710100024089
• IFSC CODE: ANDB0002837
• Andhra Bank Waltair Branch
• MICR: 530011020
• Branch Code: 000633

Registration can also be done via this link|: https://docs.google.com/forms/d/e/1FAIpQLSf42GE4Ll7PURMfG7qgXVBLnzSX1Jdp9Q27LyRirK4lZ4EQGA/viewform

Prizes:

1st Prize Rs. 10,000/-

2nd Prize Rs. 7,500/-

Note:

• The quiz shall be conducted Online Mode only.
• Winners and Runners will get Certificates.
• Participation certificates will be given to all the Participants.

Contact information:

For Queries contact ipr@dsnlu.ac.in or any of our members

Manoj Maki Reddy +91 7386626784

M.V.I. Khadri +91 9573715998

Akhil +91 9491267677

Lexpeeps honest opinion:

• Law students exploring their interests and trying to give an edge to their writing skills.
• Want to excel in their interpersonal skills like writing, communication, and interpreting the laws.
• 1^st, 2nd, and 3rd-year law students shall participate as these are the opportunities that give them exposure.
• All the law students trying to bring laurels to them.
• Knowing and not knowing about the subject doesn’t matter if you are willing to work hard and research a lot about your topic.

Note: This is just a suggestion from Lexpeeps side to everyone reading. It has been seen that in this hard time, students are panicking and doing everything and anything just to add on to their CV/Resume, even the things that are not going to add so much value to their CV’s.

Visit us for more such opportunities: http://lexpeeps.in/

This article is written by Khan Mahenoor Barsati, a student of Rizvi Law College.

Equivalent Citation

AIR 1974 SC 244, 1974 CriLJ 324, (1974) 3 SCC 623

Bench

S Dwivedi, Y Chandrachud

Decided on

19 November 1973

Relevant Act and Section

Section 304

Section 302

Brief Facts and Procedural History

On May 4, 1968, Damrulal Went to the cottage of deceased Bucha where he at that point of time was overseeing foundation-digging near his cabin. However, earlier a person whose name was Damrulal instructed the deceased to avoid utilizing bricks relating to him to which Bucha replied that he was using his bricks. 

It led to an argument of heated phrases between them both. Thereafter Damrulal left the area angrily after bestowing a threat to Bucha that he would shortly settle the matter, The chore came to an edge at approximately around 9 a.m and the labourers working there evacuated the spot. 

While the deceased was grabbing his feast in the verandah of his home, Damrulal, Ganesh and the appellant along with their brother Har Charan entered at his residence and in a moment Ganesh prompted his brother Har Charan to grab hold of Bucha and kill him who was dragged out of his dwelling up to an immediate neem tree where he was badly beaten by fists and exhilaration and all three brothers Bucha managed to disentangle himself from their grip and pick up a Khutai lying close, He gave three blows on the head of Har Charan with the Khutai. Har Charan fell on the ground and became unconscious. Thereafter the appellant and his remaining two brothers, Ganesh and Damrulal, snagged hold of Bucha. The appellant grabbed the Khutai from the needle of Bucha and bestowed two or three blows on his head. Bucha fell on the ground and became lifeless. The appellant, Ganesh and Damrulal carried away Har Charan in a carriage and lodged a report with the police. Kanhaiyalal P.W. 6. lodged the F.I.R. about the incident in the Police Station Prithvipur and Bucha died soon afterwards.

Later on, the prosecution assessed four eyewitnesses of the incident I.e Kanhaiyalal (P.W. 6), Mst. Khumania(P.W.1), MstTujia(P.W.2), and Bhagola, (P.W.3 ) Kanhaiyalal dwelled declared contentious by the prosecution. 

The Additional Sessions Judge depended on the evidence of Khumania, Tujia and Bhagola to the importance that the appellant Ganesh and Damrulal along with the deceased Har Charan had gone to the home of Bucha and whacked him by fists and kicks. He also said that Bucha disengaged himself from their grip and picked up a khutai. 

He gave three hits on the head of Har Charan and became unconscious. The appellant wrestled with Bucha and grabbed the khutai from his hand. He then gave two or three blows on the head of Bucha and became unconscious.

 The Sessions Judge formulated that Ganesh and Damrulal did not participate in beating Bucha after Har Charan had fallen on the ground. Accordingly, he held that only the appellant was responsible for causing injuries to Bucha. 

He was of the impression that after Bucha had the khutai there was an adequate apprehension of grievous injury in the mind of the appellant. So when the appellant snatched the khutai from his hand and struck blows on his head, he was behaving in the activity of the right of self-defence and hence, he had no intention to cause terrible hurt to Bucha or to seize his vitality. 

It was also found that Bucha was the aggressor thus, The Sessions Judge contemplated that the appellant could be held guilty under Section 304 Part II I.P.C., but as he protects in the exercise of the right of self-defence, he was not guilty of that offence. The Sessions Judge, therefore, vindicated the appellant as well as his co-accused and three persons lived strived for the murder of one Bucha by the Additional Sessions Judge, Tikamgarh.

Furthermore, the State petitioned against the judgment of the Sessions Judge to the High Court on the ground convicting the appellant under Section 302 I.P.C. and sentencing him to imprisonment for life and convicted Ganesh and Damrulal under Section 323 I.P.C and assessed a sentence of Rs. 50/- each which they have not contested.

Issue Before the Court

Whether the Conviction of Ganesh and Damrulal is lawful?

Judgment of the Case

The high court held that appeal is accordingly dismissed by Turning to the second argument that the appellant and his co-accused had gone to the house of Bucha intending to cause physical harm to him and hence, They went unarmed to Ms house So they did not then have any intention to kill him. 

On the other hand Bucha picked up the khutai and inflicted deadly blows on the head of Har Charan, brother of the appellant Har Charan fell and became unconscious. (He died soon thereafter).

At that moment the appellant hurled the khutai on the head of Bucha. The blow was so serious that there was profuse bleeding inside the brain. 

One of the skull fractures broadened from the right temporal region to the left temporal region and proceeded internally to the basis of the skull. Dr. S. N. Banerji, who did the autopsy on the dead body of Bucha has deposed:

With these injuries death was inevitable.” This medical opinion clearly brings the case of the appellant within the purview of Section 300, third clause. So the High Court is right in convicting him under Section 302 I.P.C. 

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Course Designed by Adv. Akshay Bhambri, Cyber Legal Expert [Practising Advocate at Delhi High Court]

Modules:

1. Introduction to Cyber Dimensions.

2. Cyber Space Law Jurisprudence.

3. Overview of Information & Technology Act, 2000.

4. Cyber Crime & its Offences5. Introduction to E- Commerce

Course fee:

1000/-1600/-( for 2 courses).

2200/- (for 3 courses).

2500/- (IPR + Cyber)

Administration of Course:

1. Duration of the course is 1 month.

2. Material(Softcopy) will be mailed for every 5 days.

3. You have to finish a module within specified time.

4. You will be given 3 days to submit questionnaire at the end once we sent.

5. Confirmation mail will be sent within 24 hrs. once enrolled.

Certificate/Assessment:

1.Open book exam at the end will be conducted in order to know course outcome (MCQ/Descriptive).

2. Hardcopy & Softcopy certificate will be provided.3. Questionnaire will be mailed via mail.

Register here

Payment details:

Paytm : 8800386163@paytm (UPI).

Gpay/Phonepe/Paytm at 7660899180.

For more information: Click Here

For more information: WhatsApp or Call us at +91 88517 42417/9136804644.

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About Law Column:

Law column is a student-run online portal started with an aim of providing a one stop platform for law students, lawyers, legal researchers, and academicians to share and know legal knowledge.

About JLSR:

JLSR is an Online Journal with ISSN: 2582-306X which is quarterly, Peer-Reviewed, published online and JLSR seeks to provide an interactive platform for the publication of Short Articles, Long Articles, Book Reviews, Case Comments, Research Papers, Essays in the field of Law.

Who can participate?

Participation must be from UG & PG students studying in any discipline at any Colleges/any Departments of the Universities.

Format of the test:

The timing of the test will be 30 min. There will be 50 Questions (2 Marks each) and would be of multiple-choice accessible via online mode only.

NOTE :

1. In case of tie in marks , the person who submitted the quiz first will be decided as the winner if he/she falls in the top 3.

2. If the same marks are scored by 3 participants who score the same highest marks in that case all 3 will be declared as Top 3. A quiz cannot be re-conducted if someone is unable to submit in time.

Subjects that the test will cover:

• The Constitution of India.
• Indian Contract Act, 1872.
• Indian Penal Code, 1860.

Registration:

The registration fee is nominal Rs. 60 only.

Registration Form: https://docs.google.com/forms/d/e/1FAIpQLSdhrc6uQqOAm6NbLCjZMutt9fd0539liTQYc9gMGN5blPTwDw/viewform?usp=sf_link

Note: After filling the registration form, WhatsApp your screenshot at 9182252581.

Prizes:

• 1st Prize: 800/-, 2nd Prize: 600 3rd Prize: 400.
• E-Certificate to all the participants: E-Certificate of participation will be issued to those students who participate in the competition.
• E certificate of appreciation for winners (Top 3).
• No Certificate in case the registered candidate is failed to take the test. No refund will be initiated in any case.
• 10 percent off in Lawportal’s online courses for all the participants.
• 10 percent off in courses offered by KATOG for all the participants.
• Discounted publication opportunities.
• Online Internship opportunity for all at Law Column.

Important dates:

Last Date To Register : December 12th, 2020

Date of The Test : December 13th, 2020 (4 :00 PM)     

Date of announcement of results : On December 15th, 2020

Payment details:

Phonepe/paytm: 9966812059
Googlepay: 9182252581

Contact information:

thelawcolumn@gmail.com

jflsrjournal@gmail.com

Official website:

Click Here 

 Click Here

Lexpeeps honest opinion:

• Law students exploring their interests and trying to give an edge to their writing skills.
• Want to excel in their interpersonal skills like writing, communication, and interpreting the laws.
• 1^st, 2nd, and 3rd-year law students shall participate as these are the opportunities that give them exposure.
• All the law students trying to bring laurels to them.
• Knowing and not knowing about the subject doesn’t matter if you are willing to work hard and research a lot about your topic.

Note: This is just a suggestion from Lexpeeps side to everyone reading. It has been seen that in this hard time, students are panicking and doing everything and anything just to add on to their CV/Resume, even the things that are not going to add so much value to their CV’s.

Visit us for more such opportunities: http://lexpeeps.in/

On Monday, G Kishan Reddy, Minister of State (MoS) for Home Affairs in his announcement hinted that the government is contemplating changes in the Indian Penal Code, 1860, and Codes of Criminal Procedure (CrPC) the laws continuing from the British era.

Speaking in the Conference on Women Safety – “Let’s Talk – Strategies & Way Forward to Prevent Crime Against Women” organized by Anandi Empower Foundation, the Union Minister said that the Centre has written to Chief Justices, senior Advocates, police officers, NGOs, and the state governments.

“We all should come forward and work in the direction to ensure that there is no gender injustice. We have taken up many tasks on behalf of the Government of India. Now we shall also change IPC and CrPC which are of the British era. From time to time we have been amending the sections of these two but looking at the present scenario of the country, the government has decided to completely change the IPC and CrPC and for the same, we have written to Chief Justices, senior Advocates, police officers, NGOs, state governments. A committee has also been constituted for this. I appeal to all of you give suggestions regarding what changes should be made in the IPC and CrPC,” he said.

Last year, Union Law Minister Ravi Shankar Prasad said that the Narendra Modi government had already abolished 1,458 old and archaic acts. Prasad said that this is done to ensure minimum legislation and maximum governance, adding that repealing old laws is an ongoing process.

The Repealing and Amending Bill, 2019, was passed on August 2 by the Rajya Sabha via a voice vote. It was passed by the Lok Sabha on July 29th. Moving the bill to the Upper House, Law Minister Ravi Shankar Prasad said that after the BJP-led government came to power, it decided to get rid of obsolete and absolute laws. The committee listed 1824 old laws.

Additional legal Information from Lexpeeps to the viewers:

Many people from non-legal background must be wondering how the Acts came into force before the Constitution of India came are valid and continuing in India?

This is because Article 13(1) of The Constitution allows continuing the laws which came into force before The Constitution of India came into force and Article 372 of The Constitution gives it the validity.

The three judge bench Justices L. Nageswara Rao, Hemant Gupta, and Ajay Rastogi on October 29^th, 2020 conducted the hearing for approval of the transfer petitions (petitions seeking transfer of the case from one court to another). The transfer writ petition was filed before the Supreme court under Article 139 (A) read with the A 142 of the constitution of India by the insolvency and bankruptcy board of India. Some provisions were related to personal guarantors to corporate debtors by the ministry of corporate affairs, Government of India under section 1(3) of the Insolvency and Bankruptcy Code, 2016 dated back to 15^th of October 2019.

Earlier, the same notification was challenged along with the Insolvency and Bankruptcy code,2019 (application to adjudicating authority for insolvency resolution process of personal guarantors to corporate debtors). The entitled sections were claimed to be applying as personal guarantors and hence, proved unconstitutional after which the petition was scheduled to be finally heard on 10^th October 2020.

Apart from this, it was believed by the petitioner that high courts could possibly give diverge opinions and therefore, a request for the transfer of writ petition was put forth.

The transfer of the writ petition would enable an early resolution of the dispute and focusing on the dispute pertaining to the validity of the notification dated 15^th October, 2019 on which the Solicitor General supported the submissions of the Additional Solicitor General.

The transfer of the writ petitions was objected by the counsel- for respondents on the following grounds that hearing for the same has been enlisted on 10^th October 2020 and Delhi High Court should be permitted to complete the hearing. On the following grounds that the court would benefit the opinion on the subject matter of the dispute, the Union Of India should have maintained these as it would have made the early disposal of the hearing.

Concluding the submissions of both the parties, the pending writ petitions could be transferred to the Supreme court of India. The interpretations and provisions of the code which needs judicial determination, taken up by Supreme Court would avoid any confusion and help in settling the law. The registries of High Court are directed to transmit the records of Writ petitions forthwith.

Hence, it was concluded that transfer petitions should be allowed and writ petitions involving the challenge to the aforesaid notification and the provisions which relate to personal guarantors to corporate debtors shall not be entertained.

The high court of Tripura in its recent judgement of Kali Sankar Baidya vs. The State of Tripura under coram of Chief Justice Akil Kureshi directed the government to process the medical reimbursement bills and release the same to the extent as per the Government policy the same are payable, within eight weeks and it cannot be cancelled if prior referral order from medical board was not taken.

The petitioner, having faced 20 kg weight loss and drastic depletion of HB he was shifted to GBP Hospital on 11^th November 2019 and was advised for colonoscopy due to possible charges of colon cancer. Further, he was operated on 9^th December 2014 along with 12 cycles of chemotherapy were carried between 28^th January 2015 to 21^st July 2015 at TATA Memorial hospital Mumbai.

Though the respondents argued that such bill cannot be passed because prior referral order was not obtained, and he had to present himself before the medical board to prove urgent grounds for travelling and getting treatment outside the state but considerable time was lost petitioner reporting early symptoms of possible serious ailment and actual detection of suffering from Cancer. The application seeking medical reimbursement for Rs.3,72,031 was rejected on the grounds mentioned earlier.                                                     

Hustling between his health and waiting for the Medical board to pass referral order, he went on to seeking treatment without wasting much time in waiting for the referral order.

Self-preservation of one’s life is necessary concomitant of the right to life enshrined in Article 21 of the Constitution of India, fundamental in nature, sacred, precious and inviolable and therefore right to self-preservation and importance & validity of the duty has a species in the right of self-defence in criminal law. The wise always undertake the protective measures for the body. Even the persons suffering from cancer and other diseases do not wish to get rid of the body. Hence, Medical reimbursement claims cannot be rejected merely because prior referral order was not obtained before taking treatment outside state, High Court of Tripura ruled out.