P.K Chaudhary and Associates

15/08/2020

Constitution Of India

Article 21 of Constitution & various dimensions added by SC:-

1. AK Gopalan V State of Madras : procedure established by law
2. Right to have fair procedure- Maneka Gandhi V UOI
3. Right to legal Aid- Hussainara v Home Sec , Bihar
4. Right to Public Trial- Vineet Narain V UOI
5. Right to go abroad- Satwant Singh Sawhney v. Assistant Passport Officer, New Delhi, Maneka Gandhi v. Union of India
6. Right to privacy- Kharak Singh v. State of U.P
7. Right against solitary confinement Sunil Batra v. Delhi Administration
8. Right against hand cuffing Prem Shankar v. Delhi Administration
9. Right to Medical Care- Parmananda Katara v. Union of India
10. Right to Health- Consumer Education and Research Centre v. Union of India
11. Right to Social Security and Protection of Family- L.I.C. of India v. Consumer Education and Research Centre
12. Right to Shelter- Chameli Singh v. State of U.P
13. Right To Livelihood- D.T.C. v. D.T.C. Mazdoor Congress
14. Right to Reputation- D.F. Marion v. Minnie Davis
15. Right Against Sexual Harassment at Workplace- Vishakha v. State of Rajasthan
16. Right To Live with Human Dignity- Maneka Gandhi v. Union of India, Francis Coralie v. Union Territory of Delhi
17. Right against Bar Fetters- Sunil Batra v. Delhi Administration-
18. Right to Write a Book- State of Maharashtra v. Prabhakar Pandurang
19. Right against Delayed Ex*****on: Sher Singh v. State of Punjab
20. Right against Public Hanging : Attorney General of India v. Lachma Devi
21. Death by Hanging not Violative of Article 21- Deena v. Union of India
22. Right to Bail.- Babu Singh v. State of Uttar Pradesh
23. Right to Fair Trial- Zahira Habibullah Sheikh v. State of Gujarat
24. Right to Speedy Trial- Hussainara Khatoon v. Home Secretary, State of Bihar.
25. Right to Free Legal Aid & Right to Appeal- M.H. Hoskot v. State of Maharashtra
26. Right against Illegal Detention- Joginder Kumar v. State of Uttar Pradesh
27. Disclosure of Dreadful Diseases- Mr. X v. Hosp

17/07/2020

The main features of The Consumer Protection Act, 2019 are as follows:-*

1. District forum is renamed as District Commission

2. The Opposite Party needs to deposit 50% of the amount ordered by District Commission before filing appeal before State Commission, earlier the ceiling was of maximum of Rs. 25,000/-, which has been removed.

3. The limitation period for filing of appeal to State Commission is increased from 30 days to 45 days, while retaining power to condone the delay.

4. State Commission shall have a minimum of 1 President and 4 Members

5. The original pecuniary jurisdiction of District Commission shall be uptil Rs. 1 Crore, State Commission from 1 Cr – 10 Cr. And NCDRC to be more than Rs. 10 crore

6. Now complainant can also institute the complaint within the territorial jurisdiction of the Commission where the complainant resides or personally works for gain besides what was provided earlier

7. Section 49(2) and 59(2) of the new act gives power to the State Commission and NCDRC respectively to declare any terms of contract, which is unfair to any consumer, to be null and void.

8. A second appeal to NCDRC has been provided U/s 51(3) if there is a substantial question of law involved in the matter

9. Power of revision can still be exercised by NCDRC U/s 58(1)(b) and by State commission under 47(1)(b) of the Act.

10. Power of review has been conferred to District Commission, State Commission and NCDRC U/s 40, 50 and 60 of the Act respectively

11. NCDRC can hear appeals against the order of Central Authority by virtue of Section 58 of the Act

12. Period of limitation in filing of complaint remains 2 years with a provision for condonation of delay power U/s 69 of the Act

13. Section 70 provides for administrative control of State Commission over District Commission and that of NCDRC over State Commission. It inter alia provides for investigation into any allegations against the President and members of a State Commission / District Commission and submitting inquiry report to the State Government concerned along with copy endorsed to the Central Government for necessary action

14. Section 71 confers power of ex*****on as provided Under Order XXI, The Code of Civil Procedure, 1908 with such limitation as provided in the section

15. Mediation is given statutory status by way of introduction of Section 74 in the new Act

16. A product liability action may be brought by a complainant against a product manufacturer or a product service provider or a product seller, as the case may be, for any harm caused to him on account of a defective product.

17. Chapter III of the Act provides for creation of Central Authority to regulate matters relating to violation of rights of consumers, unfair trade practices and false or misleading advertisements which are prejudicial to the interests of public and consumers and to promote, protect and enforce the rights of consumers as a class

18. The Central Authority shall have an Investigation Wing headed by a Director General for the purpose of conducting inquiry or investigation under this Act as may be directed by the Central Authority

19. The Act of 2019 has come into effect w.e.f. 9.8.19 and old Act of 1986 stands repealed, subject to section 1(3) of the New Act.

20. Rules regarding appointment, conditions of service etc. of the Members are to be notified soon.

*The list is not exhaustive and the above is just a bird's eye view only of the new Act. For more / exact details kindly refer to the notification dated 9.8.19 notifying the Act.

17/07/2020

Supreme Court has upheld an order passed by the National Green Tribunal directing the National Highways Authority of India to pay compensation to legal representatives of a woman and her daughter who died in an accident while travelling through a National Highway due to failure to prevent illegal mining on the highway.

20/06/2020

Badshah Vs.Urmila Badshah Godse & Anr.

Is a victim of bigamous marriage entitled to maintenance?

The Supreme Court has answered the question in the affirmative by holding that if a man deceitfully marries a woman hiding the subsistence of earlier marriage, he is obliged to pay maintenance to her under Section 125 of Code of Criminal Procedure (Cr. PC).

Hon’ble Supreme Court was dealing with a case where the marriage between the parties has been proved. However, the husband was already married, and he duped the victim by suppressing the factum of alleged first marriage. On these facts, the Bench opined that he cannot be permitted to deny the benefit of maintenance to the respondent, taking advantage of his own wrong.

24/05/2020

https://judgementsincriminallaw.wordpress.com/2020/03/04/judicial-indiscipline-cannot-be-tolerated-in-awarding-death-sentence-patna-hc/?fbclid=IwAR1Zd-QifPRm-_0b7iU9YkDvS39_LMS4E5Pk2_5zpIBwiGCHgB_2NgA5enM

Reporting by : Amit Kashyap. DEATH REFERENCE No.3 of 2016,The State Of Bihar Versus Onkar Nath Singh The allegation on accused was that he with three other accused killed the deceased Rajendra Kesh…

11/02/2020

Supreme Court has observed that offences pertaining to demand of dowry are not private offences, but offences against the society. The Court further observed that while the offences that the Appellant is charged with are non-compoundable, the inherent power that the High Court has to quash a chargesheet in such offences is well settled through various precedents.

24/11/2019

Two contradictory opinion by Supreme Court and Delhi High Court.... (below are link)...

At one hand SC.. Says private Counsel engage by client cannot cross examination the witnesses of accused...

Whereas Delhi high Court held proxy can do effective work argument etc in case of non available of main counsel....

https://barandbench.com/can-junior-counsel-conduct-cross-examination-delhi-hc-answers/

https://www.livelaw.in/top-stories/private-counsel-engaged-by-victim-to-assist-public-prosecutor--149981

'Victim’s counsel has a limited right of assisting the prosecution, which may extend to suggesting questions to the Court or the prosecution, but not putting them by himself.'

09/11/2019

Ayodhya Dispute Resolve... Some of the highlights are...

04/11/2019

Warrant of appointment of 47th CJI, is hand over by Chief Secretary GOI.

01/11/2019

A law protects senior citizens in India, but not many know of it

"Abuse can be verbal, physical and emotional. It can be neglect, disrespect and abandonment."

28/10/2019

The SC (Number of Judge) Amendment Bill 2019.
Now Number of SC Judge gone up to 33+1=34

STATEMENT OF OBJECTS AND REASONS
1.The pendency of cases in the Supreme Court of India has constantly been on the rise due to comparatively higher rate of institution of cases. As on the 1st day of June, 2019, there were 58669 cases pending in the Supreme Court. The Chief Justice of India has intimated that inadequate strength of judges is one of the prime reasons for backlog of cases in the Supreme Court. It is not possible for the Chief Justice of India to constitute five Judges Bench on a regular basis to hear cases involving substantial question of law as to the interpretation of the Constitution as it would result in constitution of less number of Division Benches which would lead to delay in hearing of other civil and criminal matters.
2. The feeder cadre of Chief Justices and Judges of the High Courts have increased from 906 to 1,079 and presently new High Courts have also been established in the previous
years. This has led to increase in the disposal of cases at the High Court level leading to larger number of appeals to the Supreme Court.
3. It is, therefore, proposed to amend the Supreme Court (Number of Judges) Act, 1956 to increase the number of Judges in the Supreme Court from present thirty to
thirty-three, excluding the Chief Justice of India.

13/10/2019

Lok Adalats (people’s courts) settle dispute through conciliation and compromise. The First Lok Adalat was held in Una city in Junagarh district of Gujarat in 1982.