DRT Legal Solutions
(Debts Recovery Tribunal Legal Solutions) is an India based
Law Firm specializing in DRT, Securitisation, NCLT, Borrowers and Guarantors Solutions in Debts Recovery Tribunals,
Pioneers in Counter-claims and Damage Suits based on Law of Torts and Law of Damages
Phones (India) - Mobile - +91-930-2103689, Off. & Res.- +91-731-4049358 and +91-731-3290201
Home│Contents│Products & Services│Frequently Asked Questions│Useful Article-Borrowers│Useful Article-Guarantors│RBI Guidelines│Notes-Law of Torts│Notes-Damages│MiniArticles-Letters to Editor│Useful Interactions with Clients & Visitors│Securitisation Act-Comments│About Us-DRT Solutions│Useful Tips for DRT Advocates|| 138 NI Act Cheque Dishonour Cognizance Acquittal | NCLT, National Company Law Tribunal, BIFR, SICA | Video Interview - BS Malik, Sr. Supreme Court Advocate│Legal Forum of India│Success & Results of Our Guidance│DRT Orders in favour of Borrowers & Guarantors│NPA, Debt due, Rehabilitation of Sick SME Industries│Our Replies to Queries on Current DRT Matters, Court Decisions etc.│Measure of damages & Calculations under Torts & Contracts│Video Interview - GC Garg, Ex-Senior Bank Official│Solar Healing, Yoga, Projector, Rebirth etc.│Swami Ramdev, Yoga Guru, Cure for All Diseases, Medical Science Revolution│Court Technologies IT Presentation Video Arguments│Archive│DRT Solutions Weekly Mail for Borrowers & Guarantors │ All India DRT Conference 2011 at Indore│Article by Ram Kishan on Management & Technology in Indian Judiciary│SARFAESI Securitisation Securitization Actar SA NPA│DRT Judgments Favourable / Useful to Borrowers │ DRT Solutions - Site Map for Borrowers & Guarantors
DRT Solutions Weekly Mail – 197th Issue dated 17th Feb ’12
All Weekly mails right from 1st Issue to latest, click links
(1) ‘Borrowers Rights Forum’ issues An Important and Laudable Advertisment in ‘The Hindu’ dated 17.02.12
Dr. Suresh, one of our clients from Vijaywads has informed that the ‘Borrowers’ Rights Forum’ has issued the following advertisement to be published in ‘The Hindu’ on 17.02.12. The e-mail ID of the said Forum firstname.lastname@example.org
The continuous efforts made by this Forum should be appreciated by one and all.
All the borrowers are requested to join their hands with this Forum and contact them at the said e-mail ID.
(2) DRT Nagpur passes Orders favouring Borrower in respect of Inspection of Documents and joint hearing of OA having Counter-claim with the SA
Mr. Bharat Gandhi, Advocate, Mumbai who is handling case of one of our clients at DRT Nagpur has sent us following two orders:-
(a)Regarding Inspection, interrogations and production of document in respect of the SA:- The DRT ordered on 20.12.11 that the documents from Sl No 1 to 22 be supplied to the borrower. In respect of certain specifed documents, the same be inspected with the record of the bank. Remaining documents are not allowed as the same are available with the RBI web site.
(b) Adjudicating Counter-claim in the OA and SA together:- Basing an earlier order dated 28.04.08 of DRAT Mumbai which held that if the counter-claim is filed in the OA and SA is also filed then both the applications as well as the SA should be heard together, on 20.12.11, the DRT decided that the dates for hearing in the OA as well as SA including counter-claim are being fixed on the same date.
(3) A Needle can save the Life of a Stroke Patient
Dr. V.P. Bansal MBBS, MD (Allopathy), DHMS (Homeopathy), Indore has sent the following important mail:-
Note:- Mr. Ram Kishan will be out of Indore from 17th Feb A.N. to 21st Feb ’12 morning. However as usual he will be available on mobile and net.
DRT Solutions Weekly Mail – 196th Issue dated 10th Feb ’12
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(1) Wilful Defaulter – Declaration thereof - Our Client scores Victory over Banks
Bank declared one of our clients from Mumbai, a willful defaulter. On examination, it was found that the bank did not follow the prescribed RBI Guidelines. We advised our client to file a delcaratory suit against the bank and its officials. When the bank was to submit the written statement, the bank decided to withdraw the notice declaring the borrower as wilful defaulter and requested the court accordingly. The borrower then withdrew the suit and on 21.01.12, the court ordered that the suit stands disposed off as withdrawn. This is a noteworthy victory for the borrower. The complete proceedings are contained in Short Cause suit no 1823 of 2009 in City Civil Court at Dindoshi (Borivili Div) in the matter of National Flask Industries Ltd vs Saraswat Co-operative Bank and other 3 banks.
(2) Publication of Photo of Defaulting Borrower may amount to Defamation
The banks have decided to publish the photos of the defaulting borrowers in the newspapers to pressurize them for repayment of loans vide news item “Your Pic to Make ‘News’ in Papers” vide Page 6 in the Economic Times dated 04.02.12. One of clients at Indore received such a notice. We asked our client to reply to the bank (and all the concerned officials including the Chairman) that such action amounts to defamation and accordingly our client will initiate civil as well as criminal action against them.
(3) Property in Possession of Bank - Standard of Care
Whenever possession of any secured assets is taken over by the bank, as per law they are assumed to have stepped in the shoes of the borrower. Hence the bank and their officials are duty bound to take care of the said propery as would have been done by the actual owner. If there is any default or losses, the borrower is entitled to initiate civil as well as criminal action against the bank and its concerned offiicials.
(4) Buddha and the Abuse
Mr. Firoz Poonawalla has sent the following beautiful piece:-
Have a Nice Day
DRT Solutions Weekly Mail – 195th Issue dated 3rd Feb ’12
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(1) Advice to DRT Advocates
Several of our clients narrate their sad experience with their bank litigation. Our views are as under:-
(a) Since the borrower was not having the required funds for the project, he had to approach the bank to obtain the said fund as loan. His scheme or the project was technically and financially appraised by the experts of the bank and when it was found technically and financially viable, the said loan was sanctioned. The main security was the financial viability of the project i.e. the loan and its interest would be paid out of the surplus generation which was the main security.
(b) Any business will have ups and downs. In the absence of surplus generation, the duty of the bank should have been to restructure, revive or rehabilitate till surplus generation is achieved.
(c) In the event of both the above situations, no security, collateral or personal guarantee is required. In fact on account of such securities, the banks adopt easy option of encashing the said securities. Had such securities were not taken, the bank will have to pursue the course of restructuring, reviving or rehabilitating till surplus generation is achieved.
(d) The above were the main aim or objective of nationalization of banks in 1969 and hence calling for the collateral, personal gurantee or other securities goes against the spirit, objective and legal foundation of the said bank nationalization. The advocates and the legal community need to grasp this basic foundation for bank and borrower relationship in our country.
(e) On account of above violations and lack of understanding, the borrower becomes an innocentsufferer as he or his advocates are not aware of the said violations. He is like a patient having acute pain. He comes to the advocate just like the patient approaches a doctor to get relief. He should be attended to by the advocaters just like a doctor attends his patients.
(f) He needs listening sympathetically. Efforts be made to obtain immediate relief he needs. He should be told frankly and honestly what can be done and what can not be done.
(g) He should be told and explained the overall litigation process and the costs involved. He must understand clearly whether he can afford the costs and expanses.
(h) The advocates need to do lot of research and study in the relevant aspects of banking, industry, finance, law of torts, law of damages, law of pleadings, law of evidence, principles of natural justice, procedural law etc. Since the DRTs, DRT Act, Securitisation Act are of recent origin, there is continuous legal developments which require constant and continuous studies. There is no substitute or avoidance of all these for a true professional advocate. Any lapse or shortfall in the approach wil result in such judicial orders which will become final and reversal may not be possible. On account of all these factors, such services will not be cheap otherwise, the litigant will suffer and the ultimate objective of the judical process i.e. justice will not be achieved.
(i) We explain all these facts to our clients right from the inception as well as remind him during the process of the litigation. Accordingly we have been preparing thorough pledings including counter-claims based on law of torts and damages. As a result most of our clients could achieve satisfying results. Many of our clients have been instrumental in getting several clients from their circle. On account of all India exposure as well as NRI guarantors, our knowledge base has been and is getting continuously enriched day by day. Many advocates of our clients have accordingly been greatly benefited and their practice zoomed in their DRTs. Let us have a proactive role so that monumental and leading judgments are achieved which will benefit those borrowers who are financially weak for the expensive legal process.
(2) One of our clients declared Indigent Person
One of our clients came to us after bank litigation of 21 years. He lost his factory as well as his house. We prepared damage suit against the bank and the same was filed as an Indigent Person as he was not having resources for payment of court fee of Rs. 1.5 lac. After thorough trial of several months, the court declared him an Indigent Person and now his damage suit will proceed accordingly.
(3) Cost of Oxygen
Mr. Firoz Poonawalla has sent the following useful information:-
“In one day a human being breathes oxygen equivalent to three cylinders.
DRT Solutions Weekly Mail – 194th Issue dated 27th Jan ’12
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(1) Borrowers’ Defence – Counter-claim – Queries by the Judiciary
Recently, one of our client’s case reached upto the Supreme Court in the matter of an SLP filed by the Bank. During the hearing, the Supreme Court Judge asked some questions. Our comments are as under:-
(a) The bank dues were about Rs. 90 crores whereas the damage suit filed by the borrower is for Rs. 1900 crores. The Judge enquired as to how such huge amount of damages could take place and what was the court fee.
Our Comments:- The damages have been arrived at by the application of law of damages and the amount of damages are based on direct loss, business opportunity loss, mental tension, loss of image and reputatiton, aggravated damages and exemplary damages. The calculations are on the basis of project report, performance and balance sheets. The figure of Rs. 1900 crores is the maximum amount permissible by the application of law of damages. The borrower will prove these figures during the trial. The court fee paid was Rs. 3000=00 which is the maximum fee prescribed in Union Territories. Such queries may be made but it carries no weight till the trial is completed.
(b) The Judge further enquired about the Securitisation Notice issued by the bank.
Our Comments:- The bank lost the said notice in the DRT it has appealed to DRAT. On one hand the bank has lost its recovery case and the damage suit filed by the borrower is pending in the civil court. Under such facts and circumstances, the bank is not entitled to initiate any recovery action. This is one of such cases, where our client has stuck to our guidance and advice past 6 years. It is needless to mention that the bank will continue to fight upto the Supreme Court but if one sticks to the law and procedure of law, the erring bank is bound to fail. This is the power of knowledge which calls for perfect pleadings and perfect contesting on every date.
(2) Appeal Case relating to Chief Justice of India – Pending in Court past 37 years
In 19th Jan internet issue of ‘The Hindu’, a news item appeared with the title ’37 years after attempt on A.N. Ray’s life, case still stuck at appeals stage’ This case pertains to A.N. Ray, former Chief Justice of India who was travelling along with his son. In 1975 his car was stopped near the Supreme Court and two live grenades were lobbed into his vehicle. Fortunately the grenades did not explode. This case even after 37 years is still going on at the appeal stage. On 19.01.12 hearing, a bench of Justice Aftab Alam and Ranjana Desai said “We are constrained to say that we are distressed beyond words to find that the case - - remains stuck at the stage of appeal even after about 37 years of the ocurrance.”
Our Comments:- The state of affairs in the Judiciary is highly deplorable. Incidence occurring with the Chief Justice of India near to the Supreme Court in Court of law in Delhi has taken more than 37 years at the appeal stage, what more one can think about other cases for the common man. The litigants die and generations may pass before getting the final verdict. That is why sitting Judge of Andhra High Court has said that it will take more than 320 years to clear the pendency of 3 crore cases in the country. Justice V.R. Krishna Iyer has rightly said that we are 200 years behind the developed countries. On account of all these factors, we have been stating all these years that if perfect pleadings are made including that of the counter-claim and the cases are contested perfectly on all dates, the banks can never win their recovery cases.
(3) Very Thought provoking, Don’t miss reading till end – Value of Happiness related to Time
Mr. Firoz Poonawalla has sent the following interesting piece:-
“Yesterday, I was driving, and the FM radio went off for few seconds. I
thought, I should have an iPod. Then suddenly I realized that I have not
used my iPod in last 6 months. And then, more things, Handy cam in last 2
years, Digital Camera in last 2 months, DVD player in last 1 month and many
more. Now I can say that I bought that Handy cam just out of impulse, I
have used it twice only in last 4 years.
DRT Solutions Weekly Mail – 193rd Issue dated 20th Jan ’12
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Weekly Mails - 1-10 11-20 21-30 31-40 41-50 51-60 61-70 71-80 81-90 91-100 101-110 111-120 121-130 131-140 141-150 151-160 161-170 171-180 181-Latest
(1) Appeal and Review
A reference was made to Full Bench of Allahabad High Court in whether the filing of an appeal subsequent to the filing of an application for review makes the hearing of the review application incompetent. The matter was exhaustively examined right from provisions of CPC of 1859 and citations ranging from 1857 to 1937. It is one of the master piece references and the legal content has stood test of the time till today. The citation is AIR 1948 Allahabad 353, Behari Lal vs M.M. Gobardhan Lal. Important extracts from the said judgment are as under:-
(a) “A review is perfectly distinct from an appeal, the primary intention of granting a review was a reconsideration of the same question by the same Judge, as contradistinguished to an appeal wbioh is a hearing before another tribunal. We do not say that there might not be cases in which a review might take place before another and a different Judge; because death or some other unexpected or unavoidable cause might prevent the Judge who made the decision from reviewing it; but we do say that such exceptions are allowable only ex necsssitate. We do say that, in all practicable cases, the same Judge ought to review.” (quoted from Report from the Judicial Committee of 1857)
(b) The powers of an appellate Court are to be found enumerated in S. 107 read with O. 41, Civil P. C. The grounds which would justify a Court to entertain an application for review have, on the other hand, been laid down in S. 114 read with O. 47, R. l, Civil P. C. Order 47, R. 1 is a reproduction of S. 623 of the Code of 1882 which is substantially the same as S. 376 of the Code of 1859.
(c) The crucial date is the filing of the application for review. If on that date the appellate Court has no appeal pending before it, the review application is under the Code, as it stands, competent. The power to entertain the review remains in existence till such period as the appeal is not heard and disposed of. After the appeal has been heard and a decree passed by the appellate Court, it is not open to the Court before whom the application for review was presented to proceed with its hearing, But where an application for review comes to be heard and decided before the appeal is hoard and finally disposed of, the position is that it is incompetent for the appellate Court to hear the appeal for the new decree is, in that case, held to supersede the decree appealed from.
(d) It is clear that, If a review be applied for in proper time and before an appeal has been preferred the Judge is not prevented from proceeding upon the application for review by the subsequent presentation of appeal and he has full power, and is bound to proceed under the application for review. This was a case under the Code of 1869, but substantially there has boon no change in the sections relating to review in the Codo of 1908.
(e) The fact that an aggrieved party presents an appeal to the superior Court subsequent to the presentation of an application for review to the Court which decided the case is not sufficient, under any provision of the Code, to take away the right of having his review application heard and disposed of, if it comes up for hearing and disposal before his appeal has been heard and disposed of. Where a right has been conferred upon a person and a Court has boon vested with jurisdiction in a certain class of cases, that right and jurisdiction cannot be taken away or cut down except, by express words or necessary implication.
(f) The fact must be remembered that review jurisdiction had its origin in Courts of equity in England which, upon being satisfied that new matter had come to the knowledge of the applicant and his agents at a time when ho could not have made use of it in the action, that it could not by reasonable diligence havebeen discovered sooner and that it was of such a character that, if brought forward in the action, it would probably have altered the judgment, used to allow what was virtually a re-hearing of the case.
In our country there is no perfection in pleadings and trial on every date. Everybody is in a hurry to dispose the matter as early as possible. This is how majority of judgments and orders are defective calling for review. But most of the advocates and judges are not in favour of review and hence the said defects are carried on resulting into defective trials, judgments and hence injustice. Even the review petitions are not handled thoroughly. We have been emphasizing all these aspects past 20 years. Hence there has been some awakening but we have to go far till perfect trials are achieved on all dates. In such context, the review is a very important remedy and study of above judgment will be quite beneficial.
(2) DRT (i.e. Trials court), DRAT, High Court and Supreme Court
In any bank litigation, the facts are to be first judicially established. This is only possible in DRT which is a trial court. Until and unless, this has been done, one should never approach the higher courts. In bank litigations, the facts are contained in the documents i.e. those executed as well as in correspondence apart from financial applications, appraisal reports and sanctions etc. That is why we have insisting for production and inspection of documents. The remaining facts are to be established by cross-examination of bank officials. Hence until and unless all the material documents have been brought in the court records and bank officials have been cross-examined, the case can not proceed further or should never be taken to higher courts. Since numerous material facts are to be established through documents and cross-examination and that is through the unwilling bank burearucracy which will oppose and deny at all stages, the whole trial in DRT itself will take several years. Any amount of pressure or hurry will only spoil the trial resulting into injustice which will not be remedied by the higher courts as the said courts are also in hurry to dispose off the matter. We have been emphasizing all these aspects and in this context, the counter-claim or damage claim becomes the only defence for the borrower. Thus perfect pleadings right from the beginning and perfect trials on every date with the defence of counter-claim or damage claim is the most essential requirement in any bank litigation for the borrower to attain ultimate justice.
(3) Life is ….. Unpridictable!
Mr. Firoz Poonawalla has sent the following sad story:-
Eva Ekvall, the former Miss Venezuela who finished third in the Miss Universe pageant in 2001,has died of breast cancer aged 28.
Aged 17, Ekvall was crowned Miss Venezuela of 2000, and the next year was third runner-up in the Miss Universe Pageant.Her name was also listed as one of the most beautiful & most sexiest women in earth.As a Buddhist,she was the first non-Christian to have won the title of Miss Venezuela.
Ekvall was married to the radio producer John Fabio Bermudez and the couple
had a 2-year-old daughter.In February 2010, just months after giving birth
to her child, Ekvall was diagnosed with advanced breast cancer, and
underwent eight months of treatment that included chemotherapy, radiotherapy
and a double radical mastectomy.
Our Weekly Mails and DVDs are DRT Legal Guide and gold mine of practical information for the borrowers and guarantors - The mail recipient particularly Borrowers and Guarantors will be immensely benefited by our weekly mails and DVDs, all previous issues of weekly mails from 1st one till the last one may be viewed by clicking the links given at the top. Separate web pages have been created to contain these mails in batches of 10 so that pages open up fast. These mails are gold mine of information on current topics giving lot of practical suggestions and comments. Any new recipient to these mails must go through all the weekly mails right from the issue no 1 to the latest. If possible please spread the reference of our web site and the weekly mail among the persons, borrowers and guarantors who are the bank victims. If anyone desires to get these mails regularly, he may write to us for inclusion of his e-mail ID in the regular mailing list. The weekly mail is issued on every Friday morning 9 AM. The particular issue of the weekly mail is first published on the web site and then mailed to borrowers, guarantors and their advocates in the country. This service is free in the best interest of society in general and litigant borrowers and guarantors in particular. We are getting huge no of mails appreciating our weekly mails. We welcome suggestions.
DRT Solutions Weekly Mail – 192nd Issue dated 13th Jan ’12
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(1) Sufferings due to Lack of Knowledge, Alertness and Vigilance on part of Borrowers
Many borrowers approach us with their problems. In many cases, it is revealed that some of them suffer on account of lack of knowledge, alertness and vigilance on their part. Our observations and comments are as under:-
(a) So long as there is wealth generation, interest payment and repayments are in time: the borrowers feel that there are no problems. Many of them make mistakes here. One should create cash reserves for bad time in future. Such reserves should be available in form of liquid cash or the investment of such reserves should be suchs that conversion to cash is possible immediately in time of need.
(b) As soon as there is any sign of downturn, one should become extremely careful, alert and vigilant to save and enhance the said cash reserve.
(c) All dealings with the banks should be in writing or important happenings should be translated into writing.
(d) Never get agitated during the meetings with the bank officials. Never sign any paper without understanding implications of the same. Before signing ensure that a certified copy will be given.
(e) Study the relevant laws under which the bank will intiate recovery actions.
(f) Before appointing an advocate, visit his office, home and discuss his performance with some of his exisiting clients. Attend hearings and watch his court performance.
(g) Discuss your case with him thoroughly and observe his response.
(h) Be watchful on the future course of actions by the bank and prepare safeguards in advance.
(i) It is needless to mention that hangover of British days still continues in govt offices, bankers and court rooms.
(j) Keeping all the above in view, we have been furnishing lot of useful and relevant knowledge in our website, phone discussions and personal meetings. Our weekly mails centre round the practical aspects of all these matters. Our conferences deal with such subjects which are practical useful. Since we have been concentrating mainly on the defence of borrowers and guarantors since 1989 and accordingly we have done lot of research, our approach has brought many reliefs to the borrowers and guaranators facing litigations in DRTs and other courts. It’s a continuous process and with the application and adoption of modern technology, the things will continue to be better and better.
(k) We have found that those who have paid attention to all the above aspects are able to face the challenges and come out of the difficulties. It there are sufferings, they are mainly due to lack of knowledge, alertness and vigilance.
(2) Law of Limitation
The following aspects will be useful in understanding the foundation of Law of Limitation in India:-
(1) INTRODUCTION - It is for general welfare that a period be put on litigation. Moreover, there should be certainty in law and matters cannot be kept in suspense indefinably. It is, therefore, provided that Courts of Law cannot be approached beyond fixed period. Such periods are provided in ‘Limitation Act, 1963’.
(2) BAR OF LIMITATION – Subject to provisions of sections 4 to 24 of the Act (i.e. Limitation Act),every suit instituted, appeal preferred and application made after the ‘prescribed period’ shall be dismissed, although limitation has not been set up as a defence. [section 3(1)]. - - ‘Period of limitation’ means the period of limitation prescribed for any suit, appeal or application by the schedule to the Act and ‘prescribed period’ means the period of limitation computed as per provision s of the Act. [section 2(j)].
(3) LAW OF LIMITATION ONLY BARS REMEDY, BUT DOES NOT EXTINGUISH THE RIGHT - In Bombay Dyeing and Mfg Co. Ltd. v. State of Bombay AIR 1958 SC 328 = 1958 SCR 1122 (SC Constitution Bench), it was held that the law of limitation only bars the remedy of approaching the court of law. However, it does not extinguish the right as such.
(4) LIMITATION IN CRIMINAL MATTERS - As per section 468 of Cr PC, Court cannot take cognizance of offence after expiry of following limitation period - (a) Six months, if the offence is punishable only with fine (b) One year, if the offence is punishable with imprisonment for a term not exceeding one year (c) three years, if the offence is punishable with imprisonment for a term not exceeding three years.
(5) LIMITATION IN CRIMINAL MATTERS – IMPORTANT SUPREME COURT JUDGMENT – In the matter of Shakuntala Devi & Ors vs Chamru Mahto & Anr vide citation AIR 2009 Supreme Court 2075 (photocopy attached), it was held that since no period of limitation is prescribed for an application (MJC) for implementation of the order passed under 138 NI Act, the same ought to have been filed within a period of three years from the date of the order otherwise it would be beyond limitation under the provision of Art. 137 of the Limitation Act.
(6) LIMITATION IN QUASY CRIMINAL MATTERS LIKE 138 OF NI ACT CRIMINAL MATTERS – Basically the objective of 138 NI Act is definite honouring of a cheque, a negotiable instrument representing a financial transaction and commitment. Since the adjudication has been brought under Criminal Court without any specific provision of limitation, application of the Limitation Act and the law laid down by the Supreme Court will lead to Art. 137 of the Schedule of the Limitation Act i.e. 3 years.
(7) HISTORY OF LAW OF LIMITATION IN INDIA – Following extract from the 193rd Report of the Law Commission of India are relevant:-
LAW COMMISSION OF INDIA, 193RD REPORT ON TRANSNATIONAL LITIGATION – CONFLICT OF LAWS – LAW OF LIMITATION JUNE 2005
In the forwarding letter to the Govt, the Chairman of the Commission mentioned –
“It has become necessary to take notice of the fundamental changes in the law of limitation in all common law countries. Traditionally, all the common-law countries have been treating the laws of limitation, even in the context of International Litigation as ‘procedural’ whereas in the civil law systems limitation laws are treated as ‘substantive’. In the countries treating the limitation law as ‘procedural’, the legal remedy gets barred after the expiry of the period of limitation, gets barred while the right still remains notionally. But in the countries which treat the limitation law as ‘substantive’ the substantive right also gets extinguished in addition to the extinguishment of the judicial remedy.”
“Going back into history briefly, we may state that before the year 1862, there was no law of limitation applicable to the whole of India. The English law of Limitation, as contained in 21 James I C and 4 Anne c 16(1) was adopted when the British established the Supreme Court of Judicature at Calcutta. So far as the Provincial Courts were concerned, they were initially governed by certain Regulations like the Bengal Regulation III (1793), which was extended to certain other provinces by Regulation VII (1795), Regulation II (1803) and Regulation II, 1805; the Regulation II of 1802 applied to Madras and Regulation I of 1800 and Regulation V of 1827 applied to Bombay. They were replaced by the Limitation Act I of 1845, then by Act XIII of 1848 and Act XI of 1859. Then in 1871, the Limitation Act IX of 1871 was passed providing for the limitation of suits, appeals and certain applications to Courts and also providing for the acquisition of easements and the extinguishment of rights to land and hereditary offices. The Act IX of 1871 was replaced by Act XV of 1877 which provided for the extinguishment of rights not only to land and hereditary offices but also to any property including moveable property. It also defined ‘easement’ as including ‘profits a prendre’. That Act was replaced by the Act of 1908. The 1908 Act was amended from time to time. The Third Report of the Law Commission of India resulted, as stated earlier, in the present Limitation Act of 1963, repealing the Act of 1908.”
(3) Do Medicines Really Expire?
Mr. Firoz Poonawalla has sent following informative piece:-
A FAMILY OF DOCTORS IN ENGLAND HAVE BEEN HAMMERING THIS POINT THAT MEDICINES DON’T EXPIRE.
AN 80 YEARS OLD WELL KNOWN DOCTOR, IN MUMBAI, WITH VAST EXPERIENCE INSISTS ON SAME POINT.
DO MEDICATIONS REALLY EXPIRE ??????
If a bottle of Tylenol, for example, says something like "Do not use after
June 1998," and it is August 2002, should you take the Tylenol? Should you
discard it? Can you get hurt if you take it? Will it simply have lost its
potency and do you no good?
First, the expiration date, required by law in the United States, beginning
in 1979, specifies only the
date the manufacturer guarantees
the full potency and safety of the drug --
it does not mean how long the drug is actually "good" or safe to use.
The results showed, about 90% of them were safe and effective as far as 15 years past their expiration date.
In light of these results, a former director of the testing program, Francis Flaherty, said he concluded that expiration dates put on by manufacturers typically have no bearing on whether a drug is usable for longer. Mr. Flaherty noted that a drug maker is required to prove only that a drug is still good on whatever expiration date the company chooses to set. The expiration date doesn't mean, or even suggest, that the drug will stop being effective after that, nor that it will become harmful."Manufacturers put expiration dates on for marketing, rather than scientific, reasons," said Mr. Flaherty, a pharmacist at the FDA until his retirement in 1999.
"It's not profitable for them to have products on a shelf for 10 years. They want turnover."
"I did a study of different aspirins, and after 5 years, Bayer was still excellent”.
Aspirin, if made correctly, is very stable.
DRT Solutions Weekly Mail – 191st Issue dated 6th Jan ’12
(1) Notice in Legal Matters
Legal Notice is served under the following facts and circumstances:-
(a) There are several statutes which prescribe serving of notice e.g. Sec 80 of CPC for the Govt and Public Officers; Sec 115 of ‘Multi-State Co-operative Societites Act, 2002 against the multi-State Co-operative Society or any of its officers etc.
(b) When there is no statutory provision, legal notice is not necessary.
(c) By serving legal notice, one can claim the costs of the proceedings otherwise not.
(d) Important facts and circumstances leading to the dispute or claim need to be mentioned in the notice in general terms.
(2) Defamation committed by Excise Deptt in collusion with a Newspaper Group
One of our acquaintances suffered injury of Defamation under the Law of Torts by the officials of the Excise Deptt. It was found that the said wrong doings committed by the said government public servants were in collusion with a Newspaper group. Legal Notice was served on 04.01.12 on the Excise Deptt in Union of India, its concerned public servants as well as the said Newspaper Group claiming damages of Rs. 1400 crores. It is relevant to note that the injury of Defamation under the Law of Torts is highly advanced in developed countries and leading judgments are available past 600 years i.e. since 1600.
In our country civil law relating to damages for defamation has not been developed due to long foreign rule by Moghuls and British. Recently a civil court has awarded decree of Rs. 100 crores against the news channel ‘Times Now’ vide Sunday Times dated 09.10.11. There is only one Indian book exclusively on ‘Law of Defamation and Malicious Prosecution’ published in 2011. However all the books on ‘Law of Torts’ deal with Defamation as a separate chapter.
In criminal law ‘Defamation’ is dealt under Sec 499 of ‘The Indian Penal Code’ of 1860.
(3) Recording of Oral Arguments
Oral Arguments in court proceedings is one of the most important records. Written Arguments is not the exact record as to what transpired in the Court i.e. the real arguments put by the Advocate, exact questions asked by the Judge and the replies submitted etc.
In USA, all the oral arguments are audio and video recorded as well as transcripted. The said records are made available on the web site on the same day and are also available to the public. This practice was started in USA in 1935. In our country we have not started yet though several of our judges have visited the US courts past 60 years spending crores on such tours. The day is not far when this practice has to be commenced in Indian Courts. We are very keen to start the same in DRTs. Such recordings not only improve the quality of advocacy but the judgment also.
(4) Ancient Secret of the Fountain of Youth
Dr. Mahadik, one of our close friends informed that a book on above topic contains five excercises prescribed by Tibtian Monks. Practice of the said excercises brings back youth to the older persons. Dr Mahadik suggested this book to a Medical Representative who informed that he was greatly benefited. One can download this book from internet.
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Popularity of our web site :- The key word for search of our website is 'drt' or any phrase commencing with 'drt' We are on the top in Google Search for 'drt' among 28,60,000 results globally. In most of the search engines like yahoo, msn, google, excite, altavista, mamma, alexa etc., To verify, you may visit www.yahoo.com, www.msn.com, www.rediff.com, www.indiatimes.com, www.altavista.com, www.google.com, www.excite.com, www.hotbot.com, www.123india.com, www.aol.com, etc. Our reference appears in www.economictimes.com, www.amazon.com, www.financialexpress.com, www.lawcrawler.com, www.findlaw.com, www.law.com, www.supremecourtofindia.com, www.supremecourtonline.com,
(2) We have created a separate web site www.usindolegal.com which deals exclusively with our US joint venture enterprise for activities like BPO, legal BPO, DRT etc. This site has started appearing in the search results of Google, Mamma, Alexa and Yahoo.
Application of Law of Torts in claiming Damages from Municipal Corporations for demolition of structures, closure of shops etc:- In many parts of the country, the Municipal Corporations are demolishing structures like shops and houses which existed for number of years. The shops existing for number of years are proposed to be shut down. The affected persons should claim Damages under the Law of Torts, which would be substantial. It is learnt that in Delhi itself about 5 lac shops are to be closed down and about 25 lac persons would be out of jobs. All these persons should file damage suits in the civil court. Since the damages would be substantial, the suits may be filed as Indigent Persons. Since the damages would attract interest, the usual delay by the civil courts will not affect the final outcome. The affected shop owners may discuss the details with us on phone.
Our Articles for Borrowers and Guarantors:- Our articles on DRT matters have been published in the Financial Express. The All India Manufacturers Organisation in its famous web site www.aimoindia.org has reproduced copies of our four articles. These original articles can be searched in the archive of the Financial Express in its web site www.financialexpress.com Two of these articles have been reproduced in other pages of this web site.
Useful link www.WorldVideoBusiness.com :- WorldVideoBusiness-WVB® is a business to business e-marketplace source of international trade leads, and tender opportunities from companies and government organizations around the globe.
About Us in Brief :- (1) We specialize in DRT (Debt Recovery Tribunal) and NCLT (National Company Law Tribunal) matters. As a whole you may approach us for all DRT Problems and Solutions as well as matters connected with ARCIL i.e. Asset Reconstruction Company (India) Limited, We have a Joint Venture with an America based law firm for various activities like BPO, legal BPO and DRT. The details of the said American firm and the joint venture may be seen at the page - Our US Joint Venture with Anand Ahuja Associates or in www.usindolegal.com (2) For your all problems including those in DRT, please phone us or send e-mail. Please give your contact details along with your problems in brief. As a whole you may approach us for all DRT Problems and Solutions. (2) With our Legal Opinion, you need not worry about the Securitisation Act or other DRT matters or NCLT. Please visit the page Products & Services and Frequently Asked Questions (3) On account of our expertise in the Law of Torts and Banking and experience past 15 years, we can help you to submit suitable defence with winning strategy in DRT cases, Securitisation Act, Guarantors' defence etc. (4) We need only copies of all available documents to render our expert 'Legal Opinion' which will be quite useful and valuable to you particularly in DRT i.e. Debt recovery Tribunal. (5) We have also handled assignments for preparation of damage claims against Electricity Boards, Insurance Companies, Municipal Corporations etc. all on the basis of the Law of Torts. (6) The DRT counterclaims is to be prepared well in advance so that it could be raised at proper time in DRT or other forum to safeguard the securities and assets. (7) Several DRT counterclaims drafted by us are being handled by different advocates at DRT Mumbai, DRT Delhi, DRT Jabalpur etc. Thus DRT advocates are available in these cities. Cases in other Debt Recovery Tribunals are under process. (8) This site is updated monthly mostly on every first Monday of the month or for urgent release on any day with latest material. (9) For further details about us, please visit the page About Us-DRT Solutions As a whole you may approach us for all DRT Problems and Solutions. We hail from the place to which Maharishi Mahesh Yogi and Acharya Rajnish belong and hence this site is dedicated to them.
Our this web site is dedicated to Yoga Rishi Baba Ramdev Ji Maharaj:- Our this web site is respectfully dedicated to Yoga Rishi Baba Ramdev Ji Maharaj whose method of Pranayam has cured even incurable diseases and thus has revolutionized modern medical science. For further details please visit our special page by clicking here Baba Ramdev Ji Maharaj, Yoga Guru, Cure for All Diseases, Medical Science Revolution
Site also dedicated to:- (1) Swami Ramdevji, Acharya Balkishan and their Guru Pradumn Maharaj.
We regularly practice TM and SCI of Maharishi Mahesh Yogi. We also regularly practice Hath Yoga including Pranayam based on Baba Ramdev Ji Maharaj. We daily watch his global TV program on Astha Channel from 05:30 AM to 8AM and 8PM to 9PM Indian Standards Time. On Sanskar channel, we daily view the discourse of Pradumn Maharaj from 4 AM to 5:30 AM. Many chronic diseases such as Cancer, Parkinsons' disease, Polio, Asthma, Hypertension, diabetes etc. have been cured by the said method of Pranayam which can be learnt even by watching his program on TV. Since 30th March '06, we have started practicing Sun Gazing as prescribed by HRM.
(3) Shri Satyanarayan Morya alias 'Babaji' for his praiseworthy service to our nation. Please visit his site www.artistbaba.com
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