Arrest of a Social Media Page Admin, set aside

The police had arrested Jaikanth, an engineer by profession, in the second complaint on the same set of facts as are mentioned in the first complaint registered in May.

The bench said "Allegations in both the FIR's are more or less identical. Actions of the police lead to an inference that a deliberate attempt was made by the police to ensure that petitioner was somehow arrested and detained in custody."

Observing that this is a classic case of blatant violation of Fundamental rights by the police, the Karnataka High Court quashed the First Information Reports registered against admin of a Facebook page TrollMaga.

The court also directed the government to pay a cost of RS 1 lakh to the petitioner S Jayakant, within one month and ordered departmental action against the Magistrate who remanded the accused in violate of Supreme Court guidelines in Arnesh Kumar case.

Source:
https://www.livelaw.in/amp/news-updates/karnataka-hc-quashes-fir-against-facebook-group-admin-148933?__twitter_impression=truee

Lesser number of Lawyers Joining Ligitation Practice, from NLUs

Reason behind establishing National Law Universities (NLUs) was to improve quality of the Bar and the Bench, and produce better Lawyers and Judges.

Since governments are not funding NLUs, they largely act as self-financing institutions, charging a high fee.

A majority of students take up loans, and join corporate firms to pay them back as senior lawyers are not coming forward to make attractive payments to Junior Lawyers who join them. Their own fees are high but they are stingy when it comes to paying Juniors.

Mr. Faizan Mustafa, VC of National Academy of Legal Studies and Research (Nalsar) and president of Consortium of National Law Universities, which conducts the common aptitude test & responsible for improving standards of legal education in India, talks.

Source: Https://timesofindia.indiatimes.com/blogs/the-interviews-blog/most-law-graduates-skipping-litigation-due-to-high-nlu-fees-senior-lawyers-are-stingy-when-it-comes-to-paying-juniors/

Consignment at Owners' Risk - Legal Position

The term "at owner's risk" appears in every goods receipt or consignment note issued by the transporters to whom the goods are entrusted by traders, manufacturers or businessmen for delivery to their dealers or customers. 

Does this term completely exonerate the transport company from its liability if the goods so consigned are not delivered, late delivered or delivered in a damaged condition? 

Transporters say so and invariably advance this plea if any action is taken against them. Courts too have struggled hard to reconcile the situation and even the Supreme Court had to go into this baffling question on several occasions.

1. Rungta Brothers case : 

National Consumer Disputes Redressal Commission ordered at 2003 CTJ 480 (CP) in the matter of Vijay Goods Transport Company v. Rungta Brothers, and held the transporter liable to make good the loss.

2. In the case of Nath Brothers v. Best Roadways Limited, 2000 CTJ 335(SC)(CP), the Supreme Court held the liability of a carrier to whom the goods are entrusted for carriage is that of an insurer and is absolute in terms which means the carrier has to deliver the goods safely, undamaged and without loss at the destination. The court also observed that "the expression, 'owner risk', does not exempt a carrier from his own negligence or the negligence of his servants or agents."

3. Patel Roadways v. Birla Yamaha Ltd. 2000 CTJ 241 (SC) (CP)

4. Transport Corporation of India v. Oriental Insurance Co. Ltd judgment dated October 13, 2011

5. In Associated Road Carriers Ltd. v. Tridoss Laboratories Ltd. (F.A. No. 125 of 1999) the NC on November 2, 2011 observed "the carrier cannot disown the liability by saying he did not cause the loss". 

From the above legal position, it is manifest that while certainly the consignors would be advised to insure the precious goods transported through the transporters, the mere fact that the goods receipt mentions that the goods were dispatched at "owner's risk" should not by itself deter the consignors in claiming compensation from the transporters.

Source: https://www.indiatoday.in/business/india/story/goods-carriers-cant-disown-their-liability-92084-2012-02-06

Microdot Technology to Prevent Theft of Vehicles and Fake Spare Parts

The Ministry of Road Transport & Highways has issued a draft notification GSR 521(E) dated 24th July 2019, amending Central Motor Vehicle Rules, allowing motor vehicles and their parts, components, assemblies, sub-assemblies to be affixed with permanent and nearly invisible microdots that can be read physically with a microscope and identified with ultra violet light source. 

Microdot technology involves spraying the body and parts of the vehicle or any other machine with microscopic dots, which give a unique identification. Use of this technology will help check theft of vehicles and also use of fake spare parts. 

The microdots and adhesive will become permanent fixtures/affixation which cannot be removed without damaging the asset, that is the vehicle itself. The notification says that the microdots, if affixed, will have to comply with AIS 155 requirements. 

The Ministry has sought comments / objections on the draft notification within thirty days, from 24th July 2019.

Source: https://www.business-standard.com/article/pti-stories/to-prevent-thefts-vehicles-to-come-with-microdots-draft-notificatio-119072901289_1.html

Madras HC Rules In Favour Of Pregnant Police Aspirant

Madras HC Rules In Favour Of Pregnant Police Aspirant, Says Participation In Running Test A Sign Of Courage.

The order passed by Justice S. Vimala pronounced a few days before her retirement, began like this:

"To realize the value of - ONE YEAR, ask a student who failed a grade; ONE MONTH, ask a mother who gave birth to a premature baby; ONE WEEK, ask the editor of a weekly newspaper;.....ONE HOUR, ask the lovers who are waiting to meet; ONE MINUTE, ask a person who missed the trophy; ONE SECOND, ask a person who just avoided an accident; and HALF A SECOND, ask the petitioner, who missed the post of Grade II Constable."

Will it be right to decline employment to a pregnant woman on the ground that her physical fitness during pregnancy is not a match as that of her counterparts, who are not similarly placed?

The participation by the petitioner in a running test itself is a sign of courage, as persons similarly placed would be afraid of because of fear of losing the child through abortion.

"The concessions given to pregnant women shall not be construed as a concession towards personal comfort of the women.The child birth should be considered as a contribution to continuity of generations,without which the existence of the world is impossible."

Justice S Vimala said in her order granting relief to R. Devika, who participated in efficiency test for recruitment as a Grade II Police Constable, while she was eight weeks pregnant.

Read more here: (link: https://www.livelaw.in/news-updates/madras-hc-pregnant-police-aspirant-running-test-courage-142309) livelaw.in/news-updates/m…

New Consumer Protection Bill 2019

For the first time in 32 years, the Ministry of Consumer Affairs and Food Distribution introduces a bill in Lok Sabha to replace the Consumer Protection Act, 1986.

Now Online retailers, celebrities can't fool the Consumers.
Source: #BrandEquity

A three-decade-old law is being changed to give more powers to the consumer. The Lok Sabha has passed the Consumer Protection Bill 2018 which will now go to the Rajya Sabha. The new law will replace the archaic Consumer Protection Act 1986.

The new law will revolutionise consumer rights in India by investing consumers and agencies with a lot more power than they currently have.

Below are the highlights from the Bill:

1. The Bill proposes an executive agency, the Central Consumer Protection Authority. The agency can intervene whenever it feels necessary to protect consumers from unfair trade practices. It can also launch class action against a company, besides ordering recall or refund of products. The agency is designed on the lines of highly effective US Federal Trade Commission. 

2. The Bill introduces a new concept of class action, which means the liability of manufacturers and service providers will not be limited to one or a group of consumers but towards all consumers. All affected consumers become beneficiaries in a class action suit. 

3. The manufacturer, producer and even the seller will be liable for any personal injury, death or damage resulting from defects in manufacture, construction, design, formula, preparation, assembly, testing, service, warning, instruction, marketing, packaging, or labelling of any product. 

4. The Bill proposes to remove the current structures for adjudicating consumer disputes at the district, state and national levels. It will only make them more powerful.

5. Consumer mediation cells will be attached to consumer commissions at all levels for resolution of disputes so that the commissions do not get bogged down in too many cases.

6. The Bill takes into account e-commerce too. Currently, a consumer can initiate legal action against a seller only at the place where transaction has taken place. In the new law, a consumers can file a complaint electronically or in the consumer court at his place of residence. This new law will simplify consumer disputes adjudication process for faster disposal of grievances through filing of complaints by a consumer from his place of residence, e-filing and video conferencing for hearing. 

The Bill introduces an additional consent layer requiring online marketplaces to add a tab on their platforms seeking express consent from customers at the time of checkout to be able to access and use their information.
E-commerce firms would have to disclose their business details and seller agreements, apart from also disclosing how they use consumer data. The Bill deems e-commerce platforms as service providers instead of only intermediaries, thus increasing their liability. 

7. The Bill also holds endorsers of products liable in addition to manufacturers. “Any manufacturer or service provider who causes a false or misleading advertisement to be made which is prejudicial to the interest of the consumers shall be punished with imprisonment for a term which may extend to two years and with fine which may extend up to 10 lakh rupees,” the Bill says. Offences may lead to a jail term of 10 years and a fine of up to Rs 50 lakh. For celebrities involved in misleading advertisements, there will be penalties but no jail term. 

8. The Bill also addresses ‘composite supply’ or bundling of services, wherein platforms that offer travel services and bundle services such as hotel stays and airline tickets will also have to take liability for all the services. 

9. To discourage frivolous complaints, the Bill proposes a penalty from Rs 10,000 to Rs 50,000. 

Also see:
1. https://indiacorplaw.in/2018/12/consumer-protection-bill-2018-paradigm-shift.html?utm_source=dlvr.it&utm_medium=twitter

2. Changes In Consumer Protection Bill 2018 That You Should Know https://www.goodreturns.in/classroom/2018/12/changes-consumer-protection-bill-2018-that-you-should-know-805846.html?utm_source=article

3. https://www.inreportcard.in/news-list-detail.aspx?opedid=1547