While performing an operation for removing an ovarian cyst, the doctor informed the patient’s husband that it was also necessary to remove the uterus. Otherwise, it might to lead to complications. The patient’s husband felt that the former’s consent was necessary. However, the operation was performed. Later, as the patient continued to suffer, there was one more surgery during which a foreign substance was found in her body. The patient and her husband filed a suit for damages on the ground of performing a surgery without the consent of the patient and the consequential suffering caused due to negligence. Although damages were awarded on the second issue, the Madras High Court held inter alia that when a doctor feels emergency steps need to be taken he ought to take them. In fact, failure to take steps would amount to wrongful omission (Arun Balakrishnan Iyer vs Soni Hospital).

In connection with a complaint under section 138 of the Negotiable Instruments Act, for dishonour of a cheque, the accused filed a petition for discharge on the plea that the cheque number varied in the notice of dishonour, demand for payment and complaint. The petition was dismissed by the magistrate. The accused filed a revision petition. The High Court of Andhra Pradesh held inter alia that a drawer of a cheque is expected to know the balance standing to the credit of the account, and he should know which out of the several cheques issued by him was dishonoured. The purpose of Section 138 inter alia is to give time to the drawer to comply with the demand. He can then easily find out which cheque was dishonoured. Therefore, mentioning the number of the dishonoured cheque is totally irrelevant, and also the variation of the cheque number is also not relevant (K.S. Balasundaram vs Karnati Poorna Chandra Rao).

The Trade Mark Registry has gone hi-tech. The Trade Marks Act 1999, which has come into force from September 15, 2003, permits the registrar of trade marks to keep the records ‘wholly’ or ‘partly’ in computer floppies, diskettes or any other electronic form subject to such safeguards as may be prescribed. The trade marks register contains entries of all registered trade marks along with particulars.

SOLON