Chapter: 5.2.1 Salient Features

Salient Features

Medical practice in the twenty-first century is not the same as it was in the twentieth century. Newer diseases and problems are now encountered and to tackle them, newer drugs and newer surgical techniques have also been formulated. With the advent of technology, both diagnostic and therapeutic, immense responsibility is laid on the shoulders of the medical man to see that the advances made are used only to the benefit of mankind and not otherwise.

Appeal: An appeal is a process for making a formal challenge to judgment passed by Aloe Lower Court. Appeal is always made to a higher judicial authority.

Cause of action: Cause of action is a recognized kind of legal claim that a plaintiff pleads or alleges in a complaint to institute the legal proceeding. For e.g., in a suit for trespass, the cause of action can be illegal entry of a third party. Similarly, failure to pay the money can be a cause of action for money suit.

Accused: A person charged with a criminal offence. For e.g., in a criminal proceeding of first instance, if the case title is State of Maharashtra v/s B. it is to be understood ; that B is Accused.

Bail: Bail is some form of property deposited with the court adjudicating the offence, as a security to release an accused from jail, on the understanding that the suspect will return for trial or forfeit the bail.

Arrest: Fin arrest is the action of the police, to take a person into custody. In India, arrest can be made with or without warrant. In all cognizable cases like murder, rape arrest can be made without warrant. Whereas in non cognizable cases, arrest can be made only with the permission of the Magistrate. .

Cognizance: Of the adjudicating Court finds that the complainant has a prima facie case, the f Court initiates the legal proceeding and this is called as taking cognizance. On I plying cognizance, the Court issues summons / notice to the Accused to appear I before the Court and answer the charges.