How Government Servants can contest Elections ?

How Government Servants can contest in elections and without risking their services or employment is certainly a hot question many may be having in them and searching for possible solutions or answers. Well I found something interesting somewhere about this topic and with on going panchayat elections it certainly is important and relevant enough to be provided for information of our info seekers.

You might ask why not writing  well My first motto is to give information to my readers nevermind who writes them or from where it is procured but many will get their answers reading the topic so am just placing a link here to the content ... click here to read about it.

I hope you all will enjoy the reading.

Cheque Bounce matters and Consumer laws

Many small business owners many a times face this kind of situations for reasons. Sometimes things becomes ugly and dragged and shaped to a court case when two parties differentiate for reasons. In the matters of cheque bounce the aggrieved party can file a civil suit to recover the money owed by the other party. It can be also handled by consumer foras and it is done many a times to save time because civil litigation takes too much time and consumer laws have wide application and time savers too.

Laws related to cheque bouncing are dealt by Negotiable Instruments Act 1881, Contract Act 1872, Specific Relief Act and Civil procedure code as well. Last amendments to negotiable instruments act is done in 2015 which gave major relief to the aggrieved party as now the aggrieved party can file a case where the cheque was got bounced and not where it was issued.

Necessary things to know about cheque bounce matters..

1. the aggrieved party has to issue  or serve a notice to the cheque issuing party to repay the due and should give 15 days time for the repayment and the notice should be given within 30 days of the cheque bounce.

2. If no reply is received than the aggrieved party can file civil suit to recover the dues.

If suit occurs the aggrieved certainly needs to take the help of a lawyer who will guide him in the matter.
Punishment in the case of cheque bounce is both fine twice the cheque amount and jail term of two years or both.

Whether Advocates are liable under consumer protection Act ?

This is often talked and joked by people connected with the legal arena but the question is surely important as advocates are also professionals like many others rendering services for payments and whether their services comes under purview of consumer protection act 1986? The tussle is already started long back when some one filed case which was got decided and further appealed and now stayed by the apex court.
We may get a good piece of verdict on this but have to wait until it comes out.

The State Commission, Delhi, held that services rendered by a Lawyer would not come within the ambit of s. 2(1)(o) of the Consumer Protection Act, 1986, as the client executes the power of attorney authorizing the Counsel to do certain acts on his behalf and there is no term of contract as to the liability of the lawyer in case he fails to do any such act. The State Commission held that it is a unilateral contract executed by the client giving authority to the lawyer to appear and represent the matter on his behalf without any specific assurance or undertaking.
This verdict was reversed by the National Consumer Disputes Redressal Commission on the ground that lawyers are rendering a service. They are charging fees. It is not a contract of personal service and that there was no reason to hold that they are not covered by the provisions of the Consumer Protection Act, 1986. It was held that though a Lawyer may not be responsible for the favourable outcome of a case as the result/out come does not depend upon only on lawyers’ work, but, if there was deficiency in rendering services promised, for which consideration in the form of fee is received by him, then the lawyers can be proceeded against under the Consumer Protection Act.
The said judgement of the NCDRC has now been stayed by the Supreme Court

The main case for reference is  D.K. Gandhi vs M. Mathias and decided by NCDRC in August 2007 and pending as now...


I am soon starting a Judgements page where i will be putting important judgements collected  for reading and reference.

Domestic Violence Act a few case laws....to know

We all know this Domestic Violence Act has been passed to secure women in general but it is not limited to women only it is for the vulnerable persons having a domestic relationship living in a family and all of them are covered. So even mothers can take shelters of courts for violence against son and daughters.
LIVE In relationship is out of the purview of the act and a women staying with their partner under a livein relationship can not take shelter of the domestic violence act as per the recent supreme court decision Indra sarma V. kv Sarma 2013(8) supreme court 122 ( click here to read the judgement) But the act recognises living relationships too.
Thus, if a woman is living with a man who abuses her, she can take recourse to the provisions of this law even though she is not married to him.

According to section 2(g), any relationship between two persons who live, or have at any point of time lived together in the shared household, is considered a ‘domestic relationship’.

This includes relations of consanguinity, marriage, or through relationships in the nature of marriage, adoption, or joint family – thus, ‘domestic relationships’ are not restricted to the marital context alone.

‘Domestic relationships’ also cover sisters, widows, mothers, daughters, women in relationships of cohabitation, single women etc. Any widow or unmarried sister or daughter who is harassed within the home can also resort to the new law.

The law also protects women in fraudulent or bigamous marriages, or in marriages deemed invalid in law.

Further maintaining wife and children is the obligation of the husband and depriving a women from money to support herself is also recognised as domestic violence but a women can not claim maintainance from the inlaws though she is entitled to claim this from her husband only.

Now who are covered under the domestic violence act..

Women and children. Section 2(a) of the Act will help any woman who is or has been in a domestic relationship with the ‘respondent’ in the case.

It empowers women to file a case against a person with whom she is having a ‘domestic relationship’ in a ‘shared household’, and who has subjected her to ‘domestic violence’.

Children are also covered the act; they too can file a case against a parent or parents who are tormenting or torturing them, physically, mentally, or economically. Any person can file a complaint on behalf of a child.

 click here to read the domestic violence act 2005

Successfully Completed my 5year Term of Member Women in District Consumer Forum,Bargarh Odisha

On 5th May I completed my 5 year term as Member Women in District Consumer Forum Bargarh, Odisha and ended a  period full of highs and lows, created history changing the role,scope, model,actions and perspective available for women members of consumer forums so a ripple been created and member women now atleast starting to behave as a member not acting as a rubber stamp to approve decisions made somewhere else or now at least some people will show courage to show their choices if impressed upon the work done by me.
I feel contented that I got the opportunity to work in a different environment and certainly initiated some changes though not total to the scenerio.I did a little bit to promote consumer awareness presenting what there exactly is in the consumer protection act 1986 to protect consumer rights for indian citizens and people doing business in India.
I have gathered more than 100 orders to my account presented by me and passed by the forum which is an alltime record I think as I entered the scene when member women are just pushed as rubber stamps some forceably and many just as their wish not to be involved in judicial processes and being happy collecting the pay given for sanctioning the orders just signing them without questions.

Participated in promotional programs initiated by the government to promote the consumer laws in the state in remote areas. Interacted with learned advocates in this period and the outcome is devastating as I see many many flaws that has to be removed if consumer rights are to be guaranteed and the top most is time consumption in disposing and handling matters at consumer forums.
I was in charge  President of the forum for 10 months and looked into all the works involved adding to my original responsibility adding my experiences further.
I am happy to see that collectively our team could have created such environment that people participated in the proceedings without help of Advocates and got disposals accordingly.
what next?

I will renew my advocates license if no employment is offered to me which I can decide to take and would start writing a book on my experiences to enlighten others if possible with fresh memories.

Role of Member Women in Consumer Forums/state commission/national commission under consumer protection act 1986

When I entered the scene vide joining as a member women to a district consumer forum the situation was totally dismaying and it was like there is no role of the member women in the consumer forums. Member women are recruited because there is such a provision in the cp act and going on like this for years and the member women have became just a rubber stamp like role limited only to putting their signature the orders prepared and presented before them with which the essence and thought of keeping one women member in this consumer forums totally failed. I found there is also a thought in the women who join these forums is that because they are not from legal backdrop they do not need to delve into the matters which are mostly legal here they are misguided by their own thought and impression given to them from outside so they do not even give a thought to their position and roles, and this is going on for years.

The thought behind putting a women in the forum even without having a legal qualification is to capture feminine sensitivity while delivering justice because we all know the balancing capacities of women all over the world who run their individual families with all patience and efforts balancing life and these qualities are thought to get some role in delivering justice too.

Many women who join are only concerned with the money involved and do not care for all other activities till they are given the dues in time and do not hesitate to sign the orders blindly without a single thought.This is really a decisive factor of women not involving in the procedures because qualified women are not preferring neither those who have a social bend of mind are often recruited to these posts.Many do just sign with a fear of confrontation and avoiding harrasment from other members and office staff if they are not agreeing to the orders that is written and raise questions so if this is cared a little many women members will give their fearless opinion about various complaints and orders.

Now I think this needs to be changed and women should do justice to the role they are playing which is very very important looking into the vary purpose of including them in judicial process.Because a women member need not have to analyze the situation from legal point of view but only  will judge hearing the call from inside of her soul and decide whether everything is ok or any changes are needed or something wrong has happened while delivering justice.And she must opine what her thoughts are if they are not heard and the other two are of one opinion still she should give her own opinion in the order without fear so if any appeal is preferred the upper forum will be able to know the situation better.

Many a times women members think that even if she gives her honest opinion it is of no value as the other two members opinion will be sufficient to make an order a valid one so why take further problems and it is better to put in a signature agreeing to what is said is easy. This is avoidance of one's own role. People who are joining jobs that are social motivated must have the guts to deliver without thinking about or calculating the profit or income.

Conclusion: If you are joining as a member women first think a little about your role because you are capable to bring changes in judicial system itself and bringing smiles in many faces. If you are not from legal back drop read a little about the consumer laws and laws that are related to just have that much knowledge to understand the proceedings that goes on before you. Do not always calculate the profit and loss you are doing a great service to the humanity it does not matter if anyone appreciates or not or it is recognized or not.

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Amendment proposal to Consumer Protection Act, 1986

Quite happy news that after 2002 a proposal for amendment of the consumer protection act 1986 is mooted recently, although there seems some things are still not attended for example :-in case when president and only one member doing the hearing and while passing order differ with each other on different points and then the order has to be referred to the third member for his opinion it is kept same though a lot of difficulty is seen working with this section of the law which prescribes that the differing order is to be referred to the third member for opinion and hearing and here inclusion of hearing gives rise to hearing being taken separately once again and noticing all the parties and so on which complicates the procedure ad also delays the matter further.There also lacking any provision in case this third member do not agree with the other two member...so finer points are till needed to be rectified and I think this has happened because feed back from those who work at the grassroot level are not heard , or taken care off but most of the technical difficulties are attended.

Get a detailed reading of the proposed amendment act clicking the link below.

http://consumeraffairs.nic.in/consumer/writereaddata/AmendmentCPU.pdf

you can email/write your feelings or feedbacks to

 Dscpu-ca@nic.in

or

Shri Premraj Kuar

Deputy Secretary (CPU)

Department of Consumer Affairs

Room No. 251, Krishi Bhawan

New Delhi, 110001

Provident Fund Complaints whether can be entertained in consumer forums under CP Act1986 India

Eemployees are covered two kind of provident fund when they are on jobs..that is general provident fund and employee provident fund and from this two all those problems that are related to employee provident funds can be entertained in consumer forums in india as per laws.

So Employee is a Consumer under the Consumer Protection Act

The Regional Provident Fund Commissioner is providing ‘service’ and the subscriber to the Employees Provident Fund scheme can be termed as a ‘consumer’ under the Consumer Protection Act. Also, delay in discharging the money or improper allocation of it can be called a ‘deficiency in service’. This was held in the case of Regional Provident Fund Commissioner v Shiv Kumar Joshi. Inspite of this, the Employee Provident Fund Act has provisions for Dispute Redressal.

Although the Employee provident fund organization has got its own grievance redressal mechanism which speaks that all kinds of complaints related to EPF are to be put first here before going to consumer forums but they are covered under the CP act 1986.
unlawful delay in payment of advance is also a deficiency of service as per consumer laws.There are cases where NCDRC compensated complainants suitable for the defaults.So if you are an employee covered under EPF and your grievance is not redressed by the organization consumer forums can rescue and compensate the tension and losses you suffered.
 

New SMS service will be launched Orissa High Court soon...

This new SMS service will be launched soon by orissa high court where in lawyers who have filed cases before the high court will be notified about the case status to their registered mobile phones.This is a great move to increase the support services through technology.Once used problems if any will be handled to work out the service smoothly.But the thought behind this is really great which I need should be applied in other courts too.Besides clients or parties who are directly connected with the cases should get this services because many a time because the parties do not get info about their case in time lose the chances of appeal which can be helped by forwarding the same messages to the parties too.
How to give registration.. it will be accepted in the ground floor of the new orissa high court building throughout the day from 10 am to 5pm working days.Advocates have to fill a short form and submit the same in the office.the form is available in the high court website.

Orissa High Court New Rules notification

ORISSA HIGH COURT, CUTTACK

NOTIFICATION

No.

966

/

dt

d.

24.10.2013

X

-

3/2013

Pursuant to the resolution passed in the Full Court held on 01.10.2013 and 21.10.2013

Hon’ble the Chief Justice has been pleased to substitute the existing

provisions contained in

Rule

-

1, 3(1), 5, 6, 7 and 8 of Chapter

-

XV of the Orissa High Court Rules, Vol

-

I 1948 (4

th

Edition,

1983).

1.

Rule

-

1(a) and (b) Page

-

31

Substitute the following for the existing provisions contained in Rule

-

1(a) and (b),

Chapter

-

XV, p

age 31 of the Orissa High Court

R

ules, Vol

-

I, 1948 (4

th

Edition, 1983) as

amended vide Correction Slip No.74.

“

1(a)

An application for direction or writ of mandamus, prohibition, quo

warranto, certiorari or any other direction or order under Article 226 of

the Constitution or an application under Article 227 of the Constitution

will be addressed to the Chief Justice and His Companion Justices of this

Court and will be placed before such Division Bench or Single Judge as the

Chief Justice may direct by a gen

eral or special order.

(b)

Unless directed otherwise, the following categories of cases will be placed

before a Division Bench:

(i)

Writ Petitions relating to Public Interest Litigation.

(ii)

Writ Petitions challenging the vires of any Act or any Statuto

ry

Order, Rule or Regulation.

(iii)

Writ Petition against orders of SAT, CAT and relating to service of

employees/officers of Judiciary.

(iv)

Writ

Petitions relating to admission into and recognition/ affiliation

of technical and professional educationa

l courses.

(v)

Writ Petitions in the nature of Habeas Corpus including all Writ

Petitions pertaining to illegal detention.

(vi)

Writ Petitions relating to Income Tax, Wealth Tax, Gift Tax,

Central Excise, Customs Duty, Entry Tax, Value Added Tax, State

Ex

cise, Service Tax and Sales Tax.

(vii) Writ Petitions relating to Tenders.

(viii) Writ Petitions regarding D.R.T. and Bank

Securitization, RDBI

Act,

OSFC and BIFR.

(ix) Writ Petitions under Orissa Estate Abolition Act, 1951.

(x)

Wr

it Petitions relating to Lease and the Orissa Government Land

Settlement Act, 1962.

(xi) Writ Petitions under the Special Courts Act.

(xii)

Writ Petitions relating to immovable properties of Hindu Religious

Endowments.

(xiii)

Writ Petitions ag

ainst the orders p

assed by the Orissa Electricity

Regulatory Commission.

(xiv)

Writ Petitions relating to Mines and Minerals.

(xv)

Writ Petitions under the Land Acquisition Act.

Provided that when a Division Bench is not available

and in all cases

when a Single Judge functions as the Vacation Judge, a Single Judge may

entertain an application under Articles 226 or 227 of the Constitution and pass

an interim order but no final order shall be passed by such Single Judge.

All

other matters will be listed before a Single Judge”.

2.

Rule

-

3(1), Page

-

32

Substitute the following for the existing Rule

-

3 (1) of Chapter

-

XV, Part

-

II at

Page

-

32 of the Orissa High Court Rules, Vol

-

I, 1948 (4

th

Edition, 1983).

The applications shall

be accompanied by a statement setting out the name and

description of the applicant and of the party against whom relief is sought and the

particulars of the proceeding/ proceedings which is/are sought to be challenged or

quashed, and the grounds on which

it is sought. The same shall also contain the

provisions of law under which it is filed, the reliefs sought and the orders or actions

impugned in the first few paragraphs. All such particulars as indicated in Appendix

-

I

shall be duly and correctly furnishe

d by the petitioner.

In the application, the petitioner, after supplying the aforesaid information, shall

also incorporate in a separate paragraph whether alternate remedy, if any, available

under any statute has been availed or not.

3. Rule

-

5, Page

-

32

S

ubstitute the following for the existing Rule

-

5 of Chapter

-

XV, Part

-

II at page

-

32

of the Orissa High Court Rules, Vol

-

I, 1948 (4

th

Edition, 1983).

“Every application shall be registered as Writ Petition (Civil) “W.P.(C)”

except the application for Habeas

Corpus registered as “WPCRL”. Applications

under Article 227 of the Constitution arising out of a Suit or a First Appeal shall

be registered as Civil Miscellaneous Petition “C.M.P.” and arising from any

criminal proceeding shall be registered as Criminal M

iscellaneous Petition

“Crl.M.P”.

4.

Rule

-

6, Page

-

32

Substitute the following for the existing Rule

-

6 of Chapter

-

XV, Part

-

II at page

-

32

of the Orissa High Court Rules, Vol

-

I, 1948 (4

th

Edition, 1983).

“The record of W.P.(C) or WPCRL and C.M.P. / Crl.M.P.

except a case in

which a memorandum has been filed for being listed on the day following the

date of presentation shall be sent for stamp report on the day following the date

of its registration. The Stamp Reporter shall return the record with his report

on

the next date of receipt thereof”.

5.

Rule

-

7, Page

-

32

Substitute the following for the existing Rule

-

7 of Chapter

-

XV, Part

-

II at page

-

32

of the Orissa High Court Rules, Vol

-

I, 1948 (4

th

Edition, 1983).

“In W.P.(C) or WPCRL and C.M.P./ Crl.M.P., defect

s if any, pointed out by

the Stamp Reporter shall be removed within five days from the date of

publication of the defects in the Supplementary Cause List supplied to the High

Court Bar Association, failing which the case shall be placed before the Deputy

R

egistrar (Judicial) within three days thereafter for orders”.

Provided that the Registrar may refer any matter to the Court for orders.

6.

Rule

-

8,Page

-

32

Substitute the following for the existing Rule

-

8 of Chapter

-

XV, Part

-

II at page

-

32

of the Orissa High C

ourt Rules, Vol

-

I, 1948 (4

th

Edition, 1983).

“When the defects are not removed or when the orders of the Deputy

Registrar are not complied with, in any case within the time allowed by him, the

W.P.(C) or WPCRL and C.M.P. / Crl.M.P. shall be placed before t

he Bench within

three days for dismissal.

”

N.B.

The above amendments shall come into force w.e.f

01.01.2014

.

Encl. Coding Sheets I to XI & Guidelines (

30

Pages)

By order of the Court

Sd/

-

(

G. MOHAPATRA

)

Registrar (Judicial)

APPENDIX

-

I

CHAPTER

-

XV, Rule 3 (1)

IN THE HIGH COURT OF ORISSA: CUTTACK

Writ

Petition

No. ............

........

/ 20......

...........

Code No.

_______________

In the matter of

An application under Article 226 / Article 227 of the Constitution of

India, 1950.

AND

In the matter of

An application under (state the relevant law / provision under which the order

impugned has been passed and interference is warranted).

AND

In the matter of

A.B. (add description such as age, father / husband’s name,

residential address

including

Fax number with S.T.D. Code / Phone No. / Mobile No. and e

-

mail

address, if any or the official address with such details)

......... PETITIONER (S)

VERSUS

C .D. (add description such as age,

father / husband’s name, residential or official

address on which the service of notices is to be effected on the Opposite Party /

Parties. The details of each Opposite Party are to be given in a chronological order

wi

th Fax number with S.T.D. Code / Phone No. / Mobile No. and e

-

mail address, if

any.)

............. OPPOSITE PARTY / PARTIES

DETAILS OF THE APPLICATION

1.

Particulars of the cause/order against which the Petition is made:

(

1) Date of Order /

Notification

/ Circular / Policy / Decision etc: .............................

(2) Passed in (Case or File Number) :............................................................................

(3) Passed by (Name and designation of the C

ourt, Authority, Tribunal etc.):

.............................................................................................................................

..........