Common Law

Pleadings, the backbone of a Litigation The pleadings in the ordinary sense may mean the Statement of Claim, filed by the Party approaching the Court of law, for the redressal of breach of their rights. In the legal sense, the Pleadings is defined in the CPC, 1908, as Plaint and the Written Statement, meaning thereby, the statement of Claim filed by the Party approaching the Court of law, and the reply thereto filed by the defending Parties. Nature of Reliefs claimed, lies at the heart of any litigation. These “Reliefs claimed” also decides the jurisdiction of the Court / Tribunal, as whether it is competent for them to grant such Reliefs. Further, every Relief which is being claimed presupposes the existence of certain facts, which are required to be pleaded and proved. These may be called material facts of the case. Narration of material “Facts of the Case” forms the  “backbone”  of any litigation, which really decides the “fate” and “length” of the concerned l...

Are Members of Housing Society “Consumers” !! 1.     The 1993 Amendment in Consumer Protection Act: In 1993 the “Housing Construction” Services were brought under the purview of Consumer Protection Act 1986. The Consumer Courts, in this backdrop, extended their jurisdiction to common services provided by Housing societies to their members. There is a basic fallacy in Consumer Courts assuming jurisdiction to Complaints filed by Members against their Housing Societies, alleging deficiency in services. 2.     The object of Consumer Protection Act: A fair and comprehensive reading of the relevant provision of Consumer Protection Act, 1986, more particularly the Preamble of the Act, the definitions of Consumer, Manufacturers, Restrictive Trade practices, Unfair trade practices, as defined under the said Act, it would reveal that Consumer Courts were conceived for the better protection of interests of common man, from Enterprises who are engaged in t...