Common Law

So, what is a Consumer Protection Act !! As the name would suggest, it sought to furnish an (advanced) legal framework, to protect us as Consumers, from being cheated, from defective, inferior, duplicated or hazardous, goods and services. To start with, now a Complaint can be filed electronically; and the hearings, on request, can be conducted through Video Conferencing. Another notable feature that can be elicited is that, by virtue of Section 65, now Notices to the parties, especially to the opposite parties, can be served by electronic means. It follows that Notices can even be served through Email and Whatsapp. These are extraordinary provisions. The Mediation is formally inducted in the adjudicating process, notwithstanding settlement option was otherwise always available to the litigating parties. Another important issue that has been addressed in the new regime is, aptly defining the pecuniary jurisdiction of these Tribunals. Now it has been specifically stated (u/ss 34, 47 ...

If there is one thing which irritates  us  the most, is the tendency of Courts , whilst recording their Orders and decisions, against us, overlooking our most relevant facts and submissions. I am worried to find solution . Le t us first broadly look at the decision making process. Broadly, the decision making is a  process (excluding criminal trials)  wherein, having regard to the Reliefs claimed, the presiding Judge  – (a) examine s  the (legality) of facts alleged, (b) examine s  the (legality) of stand of the adversary, (c) examine s  the materials and the evidences which are placed before him in support of the facts alleged by both the sides; (d) would record his reasoned finding (prima facie or conclusive) as to the existence or the non existence of the facts alleged. The process of recording finding on facts is, testing the facts and evidences  at the touchstone of laws and precedents,  and drawing natural, lo...

Introduction: If you can read this article, because you are a free “man”, and if I am writing this article because I too enjoying my personal liberty. Personal liberty is dear to all, be it leftist or rightist, human being or animal being, Prime minister of a country or the poorest sovereign. It is said that, “you take my life when you take away the means whereby I live”. This is true for a family whose sole bread earner is arrested. The importance of personal liberty to a civilized society cannot be over stated. The Constitution of India, under Article 21, has placed the importance of personal liberty at par with our life, and guarantees that life and personal liberty of a person cannot be taken away, except by strictly following the procedure established under the law. The scare by Police: The Independence of India has come but Police in India continues to inspire fear. One thing that terrorizes the most to a common man is fear of highhandedness of the police who has ...

Introduction of law is a basic incident of a democracy. The system of Laws came so that the stronger might not have their way at their choices, but according to law. In modern times, Peoples' Security and Progress are sought to be secured through codified laws and scheme of Justice is thus introduced to secure that Security and Progress. Section 3(29) of General Clauses Act, 1897 defines Law as any Act, ordinance, regulation, rule, order, bye-law or other instrument which has the force of law. The first attribute of Law is “Rule of law”, which means “Ruled by Law” and not by individual whims and fancies. This is also in fact and precisely one of the mandates of Article 14 of our Constitution, which among other things, guarantees equal protection of laws to all persons. The attributes of law: A law or rule is a common sense which is binding on you to obey. A law is a social necessity prevailing over your own interest. Every law, as far as possible, must have a certain deg...

Index 1.       General Meaning of Bail 2.       What are the circumstances under which Bail is taken 3.       Incidental Applications to Bail Application 4.       How Bail is taken 5.       What papers are required by Surety to stand as a Surety for the accused person 6.       Important grounds to seek Bail, as may be applicable, would always depend upon 7.       Release of Accused on execution of Bail Bond / Personal Release Bond 8.       SC binding guidelines before effecting Arrest 9.       SC binding guidelines after effecting Arrest 10.   Important judgments pertaining to grant of Bail / Anticipatory Bail / limited powers of arrest of Police 11.   Critical observations of Apex Court in the case of Sanjay Chandra versus CB...