PGDMLS SEM 1 ASSIGNMENT 2

 

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Post Graduate Diploma in Medico Legal Systems (PGDMLS)

2nd Set of Assignments

Total marks 40

Name of the student:

PRN no.:

 

Course 1:Introduction to Medico Legal Systems

 

Q1. Write note on any two                                                                          (10 marks)

 

a. Bar Council of India

 

Answer:  The Bar Council of India is a statutory body created by Parliament to regulate and represent the Indian bar. Bar Council of India  perform the regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the bar. We also sets standards for legal education and grants recognition to Universities whose degree in law will serve as qualification for enrolment as an advocate.

 

In addition, Bar Council of India   perform certain representative functions by protecting the rights, privileges and interests of advocates and through the creation of funds for providing financial assistance to organise

 

 

 

 

c. Central Council of Indian Medicine

Answer:  The Indian Medicine Central Council (Amendment) Bill, 2005 was introduced in the Lok Sabha on March 23, 2005 by the Minister of Health and Family Welfare, Dr. Anbumani Ramadoss.   The Indian Medicine Central Council Act, 1970 (Principal Act) created a central council to regulate ayurveda, siddha, and unani medicine, set minimum standards for education, and maintain a register of all practitioners in these fields.

The Principal Act allows council members to serve a five year term or until a new successor is elected.  Members are also eligible for re-election or re-nomination to the council.  The Bill revises this and provides for a fixed term of five

 

 

 

Course 2: General Principles of Law

 

Q1. Define Tort? What do you mean by 'Injuria Sine Damnum'  & 'Damnum Sine Injuria'. (10 marks)

 Answer: The law of torts is a collection of all the circumstances in which court gives a remedy by way of damages, for legally unjustified harm or injury done by one to another person. There are three elements which need to be proved before constituting a tort:-

1.       There must be an act or omission on the part of the defendant.

2.       That act or omission should be in violation of a legal right vested in the plaintiff.

3.       The wrongful act or omission thus done by the defendant is of such a nature to give rise to a legal remedy.

Both the maxims are divided into three parts as follows:-

·         Damnum/Damno means substantial harm, loss or damage with respect to the money, health, etc.

·         Injuria means an infringement of a right given by the law to the plaintiff.

·         Sine means without.

·          

 

 

 

 

Course 3: Laws relating to Incorporation of Medical Institutions

 

Q1. What is registration of Public Trust? How it is done?.                        (10 marks)

 

Answer:  The non profit organizations in India can register either as:

1.       Trusts or

2.       Societies or

3.       Private Limited Company under section 8 of the Companies Act.

 

 

 

 

Course 4: Consumer Laws and Medical Profession, Taxation

Q1. Write notes on the following                                                                (10 marks)

 

a. Assessment Year

 

Answer:  Assessment Year is the year in which one file income tax returns of the year prior to it (i.e. Financial Year). It is the year in which the income that one has earned in the financial year that is just ended is evaluated.

 

E.g.

 

 

 

b. Income

Answer:   Income is the revenue a business earns from selling its goods and services or the money an individual receives in compensation for his or her labor, services, or investments. Businesses report this figure on the income statement whereas individuals report theirs on the form 1040.

 

One meaning of income refers to revenue or sales. Revenue is the money that a company receives from selling goods or services throughout the course of business. Revenue is an equity account that has a credit balance. Throughout the year sales are recorded in the revenue accounts and posted to trial balance. The revenue is then reported on the first line of the income statement. This is often called gross income, total sales, or top line

 

 

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