DRT  Legal  Solutions

(Debts Recovery Tribunal Legal Solutions) is an India based

Law Firm specializing in DRT, Securitisation, Sarfaesi, IBC, 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 - +91-9691103689, Off. & Res. +91-731-4049358

E-mail :- ramkishandrt@gmail.com  Web Site :- www.drtsolutions.com

 DRT Solutions Weekly Mail - 191st to 200th

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Expert in:- DRT, Counterclaim, securitization, debt recovery tribunal, NCLT  matters

 

 

 

DRT Solutions Weekly Mail – 200th Issue dated 9th March ’12

All Weekly mails right from 1st Issue to latest, click links above

(1) This is the Historic Issue of Our Weekly Mail 

This is our 200th Issue. We have completed three and half years since the first weekly mail was published on 17.05.08  On this auspicious occasion of 200th Issue of our weekly mails, we have received numerous well wishes and suggestions from our readers and visitors of our web site. We thank them all and shall try to keep in view and implement the various suggestions sent by them. This issue contains important facts of our weekly mails as a whole. Hence it will be quite useful particularly to the new comers

(2) Popularity & Ranking of Our Weekly Mail 

Our weekly mail is highly popular and is globally ranked very high as may be seen from the following search results:-

(a)    If you search ‘drt weekly mail’ in Google, there are 5,260,000 global results, our weekly mail is ranked No 1.

(b)    If you search ‘weekly mail’ in Google, there are 790,000,000 global results, our weekly mail is ranked No 2.

(c)    If you search ‘drt weekly mail’ in Yahoo, there are 31,000 global results, our weekly mail is ranked No 1.

(d)    If you search ‘weekly mail’ in Yahoo, there are 262,000,000 global results, our weekly mail is ranked No 9.

(e)    If you search ‘drt mail’ in Google, there are 9,070,000 global results, our weekly mail is ranked No 1.

(f)      If you search ‘drt’ in Google, there are 15,900,000 global results, our weekly mail is ranked No 2.

(g)    If you search ‘drt mail’ in Yahoo, there are 1,820,000 global results, our weekly mail is ranked No 1.

(h)    On account of above top ranking of our weekly mail, we have numerous queries every week and thus we are able to render very good serve to our visitors.

(3) Origin and History of Our Weekly Mails 

On 3rd and 4th May ’08 we organized our First DRT Conference at Indore. The agenda for the Conference was evolved based on daily interactions through e-mails with the clients and attendees for nearly 3 months in advance. As soon as the Conference was over, the said mail recipients desired to continue the said e-mails. Since daily mails  were not possible, we decided to convert the same to weekly news letter. We decided to publish such weekly mails on every Friday so that the mail recipients may go through it in their office or at home on week days. The first weekly mail was published on 17.05.08 and since then we have published such mails on every Friday without any break. On certain occasions, these mails were published during travel or from other cities. Our mail recipients have become so used to these weekly mails that it has become their part of life. They eagerly wait for the Fridays. They forward these mails to others and later on we get several requests to send them directly. It is needless to mention that our weekly mails are free of costs and all weekly mails right from the number one are all available on our web site. Many of our clients regularly take prints of these mails and are keeping them in bound books. 

(4) Contents of the Weekly Mails 

In modern life, since everybody has shortage of free time, we keep these mails quite brief and to the point. Our emphasis has been to confine to such practical topics which are most useful for defence of borrowers and guarantors. We avoid such materials which are easily available elsewhere. We use very simple language so that borrowers and guarantors can easily understand the content and hence difficult legal language is avoided. We have done lot of innovations and created new products in legal area, trials and court room technologies to improve quality of bank litigations as well as cost reduction thereof. We have full sympathy with the advocates and judges who are heavily overloaded and hence have no time for research, technological upgradation and new studies. Hence we have been emphasizing the empowerment of the borrowers and guarantors. Further due ot our 23 years experience of bank litigations, we have found that perfect pleadings and perfect contesting on all dates is first essential requirement in bank litigations. Looking to all these aspects, we have designed the contents of the weeky mail. In order to make these weekly mail interesting, we have been giving one item on life style and health. Most of the topics on Health and Lifestyle are based on the regular mails received from Mr. Firoz Poonawalla from Pune and we highly thankful to him for such mails. Since all the weekly mails right from no 1 are available on our web site, one can go through them at any time. We grouped these mails in batches of 10 so that the pages open up fast.     

(5) Our Innovations & Contributions 

We have been dealing in bank litigations since 1989. We have thoroughly studied banking, industrial finance, banking laws, RBI Guidelines, law of torts, law of damages and compensation, law of evidence, civil procedure code, limitation act, constitution of India, administrative law, law of pleadings  and subsequently drt act, securitisation act, principles of natural justice etc. We held numerous discussions with authors of legal books, senior advocates and judges apart from entrepreneurs, industrialists and businessmen as well as bankers. Our articles on relevant topics were published in leading news papers and journals. In 2001, the Financial Express published two of our important articles viz ‘Who is afraid of Debt Recovery Tribunal’ and ‘Debt Recovery Tribunal : there is way out for guarantors’ More than 80 letters to the editors were published in leading news papers. We delivered several talks in Rotary Clubs, Lions Club, Industries Associations, CAs Association etc. We submitted several proposals to the Govt for revival and rehabilitation of sick industries. 

Based on our above knowledge and experience, we created our web site www.drtsolutions.com in 2001. Above mentioned articles and the letters to the editor have been published on our web site. Our web site is unique in many respect. Its content is designed for practical utility for defence of borrowers and guarantor. We believe in spreading the knowledge to society and hence our web site soon became popular and since 2002, its ranking has been among the first 10 for all the search words and phrases by which the borrowers and guarantors search the internet. On account of our top ranking web site, daily we get huge number of mails and phone calls. We give them instant replies. Many of the visitors of our web site call on us for personal discussions. On account of such interactions, our knowledge is always uptodate and current.  

Based on our experience in bank litigations since 1989, we found that the borrowers were not having adequate knowledge about banking, industry, finance and banking laws. Hence the advocates were not apprised of the requisite material facts. Hence we took up drafting of pleadings since 1994 as a free lancer. 

Subsequently we took up the above work on professional basis since 2001. Our pleadings including damages/counter-claim based on law of torts were appreciated by highly experienced legal and banking professionals. Based on the feedback from out clients, we found that the DRTs were mostly manned by junior advocates and hence we concentrated on empowering our clients who inturn helped their advocates. Many of our client were greatly benefited by our guidance and advice.  

We have been pioneer in introducing counter-claim and damages based on law of torts. We are the first in the country to arrive at the calculations of damages under various situations. We have evolved most exhaustive pleadings in DRTs. We have introduced loss and damages in application u/s 17 of the securitisation act. We have introduced the system of caveat in the court of Magistrate before any action is taken u/s 14 of the securitisation act. Our Associate Advocate Mr. B.K. Dubey has obtained many important orders in DRTs including getting stay without and deposit. Our Associate Legal Professional Mr. N.K. Sharma did a commendable legal research in many DRT topics including ‘Directors’ Personal Guarantee – A Void Agreement’ Our Associate Banking Professional Mr. T.R. Radhakrishnan. We have evolved a most efficient system for handling the legal defence pertaining to securitisation act. We evolved the ‘Injunction and Declaratory Suit’ pertaining to illegal declaration of willful defaulters. 

We are highly thankful to Mr. B.C. Jain, Advocate, High Court, Indore, LLB (Gold Medal) and LLM (Gold Medal) with whom we have been interacting past 15 years on the legal intricacies. He always provided most appropriate guidance and advice on complex matters.   

We emphasize on use of modern technology in court rooms. We developed the process of ‘Video Arguments’ for the first time in the country and demonstrated it before the District Judge, Indore in July 2007. We have sent proposals to MP High Court and Supreme Court. 

We are using the latest ‘Tablet PC’ (Asus Transformer TF 101) for our day to day work. 

Our professional team of advocates and bankers work in their SOHO (Small Office Home Office) using the latest technology. We rarely meet physically. All our communications and interactions are through mobile, e-mails and SMSs. Whenever we meet, the meetings are video recorded. 

We have organized and held two ‘All India DRT Conferences’ in May 2008 and January 2011 which were attended by our clients and their advocates. Complete proceedings were video recorded. The DVDs are highly in demand and borrowers and guarantors have been greatly benefited by the said DVDs. 

It is needless to mention that there is no DRT in Indore. Even then we are well known in all DRTs and DRATs. We have clients from all over the country and even few NRI Gurantors from US and Gulf. Sometimes we get e-mails from the advocates and litigants from nearby countries seeking our views on  debt recovery problems. 

We are confident that due to our concentrated and focused work on the ‘Defence of Borrowers and Guarantors’ since 1989 i.e. past 23 years, our clients and their advocates will be immensely benefited. This will result in better decisions in DRTs and accordingly many leading judgments will be achieved. Such judgments will in turn will be helpful to those borrowers and guarantors who can not afford the the long drawn and expensive court battles. We are always open for suggestions so that we can further improve ourselves for more contribution to Management and Technology in Indian Judiciary, which requires urgent reforms and development for effective functioning of our democracy.  

(9) Our Concepts of Health & Life 

Our concepts of health, longevity and life style, in brief,  are as under:- 

(a)    As per Swami Dayanand, the human species can live upto 400 years. We have several video clips of Swami Ramdevji and his Guru Pradumn Maharaj which mention this age of human species.

(b)    The value of human body is more than Rs. 400 crores. We have few video clips of Swami Ramdevji which mention this fact.

(c)    We should be pure in thought, speech and action, then only we can acquire real knowledge. With real knowledge only we can have happiness. With happiness only we can achieve perfection, the goal of life. With achievement of such goal, one can live full life of 400 years.

(d)    We should live life fully every moment. Don’t bother about the past or the future.

Note:- Mr. Ram Kishan will be out of Indore from morning of 9th March to afternoon of 12th March 2012. As usual he will be available on mobile and internet.

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DRT Solutions Weekly Mail – 199th Issue dated 2nd March ’12

All Weekly mails right from 1st Issue to latest, click links   given at the top 


 

(1) ‘Borrowers Rights Forum’ needs Your Support

 

‘Borrowers Rights Forum’ (e-mail ID borrowersrightsforum@gmail.com ) under the guidance and advice of Dr. Suresh ( M-09959288599 ) one of our clients from Vijaywada is fighting an exemplary battle with the Ministry of Finance. All the borrowers and guarantors are requested to support and help this forum so that the administrative control of the DRTs is transferred from Ministry of Finance to Ministry of Law without further delay. It is needless to mention that the bank lobby through the Ministry of Law has been causing tremendous injustice to the litigant borrowers due to obvious reasons. Despite the clear directive of the Supreme Court of India, the Ministry of Finance continues to be a party to such injustice by dilydallying the said transfer. Dr. Suresh has all details of the sorry state of affairs. You may contact him and extend all out suppport for his laudable efforts.

 

(2) Supreme Court dismissed the Appeal of a Govt deptt for Condonation of Delay

 

Mr. Haresh Gandhi, one of our clients from Mumbai has sent an important judgment of the Supreme Court of India decided on 24.02.12 in the matter of ‘Office of the Chief Post Master General vs Living Media India Ltd in which the Supreme Court dismissed the appeal of the said Central Govt Deptt for condonation of delay. The following extract from the said judgment are self explanatory:-


 

“12) It is not in dispute that the person(s) concerned were well aware or conversant with the issues involved including the prescribed period of limitation for taking up the matter by way of filing a special leave petition in this Court. They cannot claim that they have a separate period of limitation when the Department was possessed with competent persons familiar with court proceedings. In the absence of plausible and acceptable explanation, we are posing a question why the delay is to be condoned mechanically merely because the Government or a wing of the Government is a party before us. Though we are conscious of the fact that in a matter of condonation of delay when there was no gross negligence or deliberate inaction or lack of bonafide, a liberal concession has to be adopted to advance substantial justice, we are of the view that in the facts and circumstances, the Department cannot take advantage of various earlier decisions. The claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. The law of limitation undoubtedly binds everybody including the Government.

13) In our view, it is the right time to inform all the government bodies, their agencies and instrumentalities that unless they have reasonable and acceptable explanation for the delay and there was bonafide effort, there is no need to accept the usual explanation that the file was kept pending for several months/years due to considerable degree of procedural red-tape in the process. The government departments are under a special obligation to ensure that they perform their duties with diligence and commitment. Condonation of delay is an exception and should not be used as an anticipated benefit for government departments. The law shelters everyone under the same light and should not be swirled for the benefit of a few. Considering the fact that there was no proper explanation offered by the Department for the delay except mentioning of various dates, according to us, the Department has miserably failed to give any acceptable and cogent reasons sufficient to condone such a huge delay.

Accordingly, the appeals are liable to be dismissed on the ground of delay.”


 

(3) 200th Issue of the DRT Solutions Weekly Mail to be published on 9th March ’12 – Comments and Suggestions required

 

We shall create a history on 9th March 2011 when 200th Issue of the DRT Solutions Weekly Mail will be published. We have started receiving  well wishes, comments and suggestions from the readers. Those who have not yet sent their communication are requested to do so to enable us to improve these mails further.

 

(4) Brain Damaging Habits

 

Mr. Firoz Poonawalla has sent following useful information:-

 

1. No Breakfast 
People who do not take breakfast are going to have a lower blood sugar level. This leads to an insufficient supply of nutrients to the brain causing brain degeneration. 

2. Overeating
 
It causes hardening of the brain arteries, leading to a decrease in mental power. 

3.
 Smoking 
It causes multiple brain shrinkage and may lead to Alzheimer disease. 


4.
 High Sugar consumption 
Too much sugar will interrupt the absorption of proteins and nutrients causing malnutrition and may interfere with brain development. 


5.
 Air Pollution 
The brain is the largest oxygen consumer in our body. Inhaling polluted air decreases the supply of oxygen to the brain, bringing about a decrease in brain efficiency. 


6.
 Sleep Deprivation 
Sleep allows our brain to rest... Long term deprivation from sleep will accelerate the death of brain cells... 


7.
 Head covered while sleeping 
Sleeping with the head covered increases the concentration of carbon dioxide and decrease concentration of oxygen that may lead to brain damaging effects. 


8. Working your brain during illness 

Working hard or studying with sickness may lead to a decrease in effectiveness of the brain as well as damage the brain. 


9.
 Lacking in stimulating thoughts 
Thinking is the best way to train our brain, lacking in brain stimulation thoughts may cause brain shrinkage. 


10.
 Talking Rarely 
Intellectual conversations will promote the efficiency of the brain
 

 

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DRT Solutions Weekly Mail – 198th Issue dated 24th Feb ’12

All Weekly mails right from 1st Issue to latest, click links  given at the top  

(1) Illegal Auction (organized by the Bank Officials) foiled by the Borrower 

One of our clients from Bangalore found that the bank officials were bent upon to dispose off the alleged secured assets hurriedly by deliberately undervaluing the same despite DRT order that first valuation must be carried out correctly in consultations with the borrower. Without paying any heed to the DRT order, the bank went ahead with newspaper publication with auction date as 23.02.12. The borrowers first sent a strong legal notice to the bank officials including the Chairman and Mananging Director of the Bank. The said notice contained all the illegalities and wrong doings committed by the bank. It also mentioned that the loss and damages suffered due to the said wrong doings was much more than the alleged claim of the bank resulting in “No Debt Situation’ for the bank. Since there was no reply to the said legal notice, the borrower was compelled to issue news paper advertisement in Bangalore describing the said wrong doings of the bank and its officials. On accout of all these actions, no buyer came forward and hence the said auction was completely foiled. The complete matter is now being put up before the DRT by way of detailed and exhustive SA.

It is needless to mention that perfect pleadings including the loss and damages suffered due to the wrong doings of the bank and its officials and perfect contest on all the dates will create tremendous pressure on the bank officials who will, henceforth either lose the case or will come forward for setttlement at attractive terms for the borrower. 

(2) Magistrate refuses to issue covering order for physical possession of secured assets 

One of our clients from Nagpur informed that the bank officials illegally took physical possession and sold the secured assets. Subsequently the said erring bank officials approached the Magistrate to issue covering order for physical possession. The said Magistrated refused to issue such order. The borrower should initiate criminal action against the said bank officials as well as file damage suit against them and the bank. 

(3) 200th Issue of the DRT Solutions Weekly Mail to be published on 9th March ’12 – Comments and Suggestions required  

We shall create a history on 9th March 2011 when 200th Issue of the DRT Solutions Weekly Mail will be published. We request the readers to send their well wishes, comments and suggestions.

(4) Favorite Gandhi Quotes  

Mr. Firoz Poonawalla has sent the following important Gandhi quotes:-

 

Favorite Gandhi Quotes #1

Live as if you were to die tomorrow. 

Learn as if you were to live forever.

Favorite Gandhi Quotes #2

Fear is not a disease of the body; fear kills the soul.

Favorite Gandhi Quotes #3

The difference between what we do and what we are capable of doing would

suffice to solve most of the world's problems.

Favorite Gandhi Quotes #4

We must become the change that we want to see.

Favorite Gandhi Quotes #5

The best way to find yourself is to lose yourself in the service of others.

Favorite Gandhi Quotes #6

An eye for eye only ends up making the whole world blind.

Favorite Gandhi Quotes #7

Weeding is as necessary to agriculture as sowing.

Favorite Gandhi Quotes #8

When I despair, I remember that all through history the way of truth and love has

always won. 

There have been tyrants and murderers and, for a time, they seem invincible but,

in the end, they always fall -- think of it, ALWAYS.

Favorite Gandhi Quotes #9

Faith is not something to grasp, it is a state to grow into.

Favorite Gandhi Quotes #10

The only tyrant I accept in this world is the still voice within.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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DRT Solutions Weekly Mail – 197th Issue dated 17th  Feb ’12

All Weekly mails right from 1st Issue to latest, click links  given at the top

 


 

(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 isborrowersrightsforum@gmail.com

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.

 

MINISTRY OF FINANCE IN CONTEMPT

DELIBERATELY IGNORES

HON SUPREME COURT DIRECTIVES

 

·         Separation of Executive and Judiciary as provided for in Constitution and the question of Judicial Independence, appointments, safety of tenure, termination, funding for salaries, benefits and facilities of all Tribunals was clarified by the Constitutional Bench of the Hon Supreme Court of India. 

·         In a landmark judgment ( 2010 INDLAW SC 405), a Constitutional Bench of Hon Supreme Court made the following orders .  Para 56 (xiii)…The Administrative support for all Tribunals should be from the Ministry of Law & Justice. Neither the Tribunals nor its members shall seek or be provided with facilities from the respective sponsoring or parent Ministries or concerned Department.

·         In contempt of said judgment Ministry of Finance even after one and half years still continues its administrative control of Debt Recovery Tribunal (DRT).

·         Ministry of Finance own the Banks and Ministry officials are appointed as Board Directors of Banks and as Board Members they authorize claims of debt to be filed by the Banks in DRT under RDDBFI Act.  At the same time Ministry of Finance officials have administrative control of Judicial Officers of DRT including powers to recruit/suspend the Presiding Officers of DRT.

·         If any Presiding Officer of DRT does not toe the line of the banks, complaints are directly written to the Ministry of Finance by the Banks against the Presiding Officers. No action has been taken against the Bank officials for writing complaints against Presiding Officers and Chairpersons who are deemed to be Judicial Officers. On the contrary in some instances the Ministry of Finance officials have suspended Presiding Officers based on complaints from Banks.  Clearly, fear of suspension by Ministry of Finance prevents the Presiding Officers who are Judicial Officers from conducting fair and free trial even in cases where the banks have acted illegally.

·         Conflict of interest is obvious as Ministry of Finance officials are in control of both litigants (i.e. Banks) and adjudicator i.e. the Judicial Officers of DRT. Because of this unconstitutional cozy relationship between Banks and DRT officials, free and fair trial guaranteed under Constitution is being denied.

·         Are citizens not entitled to a free and fair trial as directed by Hon Supreme Court?

·         What can a borrower do when he does not get free & fair trial because Ministry of Finance deliberately ignores to implement Hon Supreme Court directives?

 

(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:-

From a Chinese Professor . 
Keep a 
syringe or needle in your home to do this...It's amazing and an unconventional way of recovering from stroke, read it through it  can help somebody one day.

This is amazing. 
Please keep this very handy. Excellent tips. Do take a minute to read this.

You'll never know, ones life may depend on you.
My father was 
paralysed and later died from the result of a stroke.  I wish I knew about this first aid before.
When stroke strikes, the capillaries in the brain will gradually burst. (Irene Liu)

When a stroke occurs, stay calm.


No matter where the victim is, 
do not move him/her. Because, if moved, the capillaries will burst.

Help the victim to sit up where he/she is to prevent him/her from falling over again
 and then the blood letting can begin .

If you have in your home an 
injection syringe that would be the best.

Otherwise, a 
sewing needle or a straight pin will do.

1.     Place the needle/pin over fire to sterilize it and then use it to prick the tip of all ......10 fingers.
2.     There are no specific acupuncture points, just prick about an mm from the fingernail.
3.     Prick till blood comes out.
4.     If blood does not start to drip, then squeeze with your fingers.
5.     When all 10 digits is bleeding, wait a few minutes then the victim will regain consciousness.

6.     
If the victim's mouth is crooked , then pull on his ears until they are red.
7.     Then prick each earlobe twice until two drops of blood comes from each earlobe.
  After a few minutes the victim should regain consciousness.
 

Wait till the victim regains his normal state without any abnormal symptoms then take him to the hospital. 
Otherwise, if he was taken in the ambulance in a hurry to the hospital, the  bumpy trip will cause all the capillaries in his brain to burst.

If he could save his life, barely managing to walk, then it is by the grace of his ancestors.
'I learned about letting blood to save life from Chinese traditional doctor, Ha Bu Ting, who lives in Sun Juke.

Furthermore, I had practical experience with it. Therefore, I can say this method is 100% effective.
In 1979, I was teaching in Fung Gaap College in Tai Chung.

One afternoon, I was teaching a class when another teacher came running to my classroom and said in panting,
'Ms Liu, come quick, our supervisor has had a 
stroke!'. I immediately went to the 3rd floor.
When I saw our supervisor, Mr. Chen Fu Tien, his colour was off, his 
speech was slurred , his mouth was crooked - all the symptoms of a stroke.

I immediately asked one of the practicum students to go to the pharmacy outside the school to buy a syringe, which I used to prick Mr. Chen's 10 fingers tips.

When all 
10 fingers were bleeding (each with a pea-sized drop of blood), after a few minutes, Mr. Chen's  face regained its colour and his eyes' spirit returned

But his mouth was still crooked
 . So I pulled on his ears to fill them with blood .
When his ears became red
 ,
pricked his right earlobe twice to let out two drops of blood .
When 
both earlobes had two drops of blood each ,a miracle happened .
Within 3-5 minutes
 the shape of his mouth returned to normal and his speech became clear.

We 
let him rest for a while and have a cup of hot tea , then we helped him go down the stairs, drove him to Wei Wah Hospital . He rested one night and was released the next day to return to school to teach. Everything worked normally. 
There were no ill after effects.

On the other hand, the 
usual stroke victim usually suffers Irreparable bursting of the brain capillaries on the way to the hospital. 
As a result, these victims never recover.' (Irene Liu) 
Therefore, stroke is the second cause of death.
The lucky ones will stay alive but can remain paralysed for life.

It is such a horrible thing to happen in ones life.


If we can all remember this blood letting method
 and start the life saving process immediately, in a short time, the victim will be revived and regain 100% normality.

IF POSSIBLE PLEASE FORWARD THIS AFTER READING . YOU NEVER KNOW IT MAY HELP SAVE A LIFE FROM STROKE
   

 

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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.

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DRT Solutions Weekly Mail – 196th Issue dated 10th Feb ’12

All Weekly mails right from 1st Issue to latest, click links given at the top 


 

(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:-

 

One day Buddha was walking through a village. A very angry and rude young man came up and began insulting him. "You have no right teaching others," he shouted. "You are as stupid as everyone else. You are nothing but a fake."

 

Buddha was not upset by these insults. Instead he asked the

young man "Tell me, if you buy a gift for someone,and that person does not take it, to whom does the gift belong?"

 

The man was surprised to be asked such a strange question and answered, "It would belong to me, because I bought the gift." The Buddha smiled and said, "That is correct. And it is exactly the same with your anger. If you become angry with me and I do not get insulted, then the anger falls back on you. You are then the only one who becomes unhappy, not me. All you have done is hurt yourself."

 

"If you want to stop hurting yourself, you must get rid of your anger and become loving instead. When you hate others, you yourself become unhappy. But when you love others, everyone is happy."

 

 

Now these are the lessons:

If you are right then there is no need to get angry!!!

And if you are wrong then you don't have any right to get angry!!

 

Patience with family is love,

Patience with others is respect,

Patience with self is confidence and

Patience with GOD is faith.

 

Never Think Hard about the PAST, It brings Tears...

Don't Think more about FUTURE, It brings Fears...

Live this Moment with a Smile,

 

Have a Nice Day

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DRT Solutions Weekly Mail – 195th Issue dated 3rd Feb ’12

All Weekly mails right from 1st Issue to latest, click links given at the top

 


 

(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.
Each oxygen cylinder on an average costs Rs 700, so in a day one uses
Oxygen worth Rs 2100 and for a full year it is Rs 7,66,500. If we consider
an average life span of 65 years; the costs of oxygen we use become a
staggering sum of  Rs 50,000,000. All this oxygen is derived free of cost
from the surrounding trees. Very few people look at trees as a resource and
there is rampart tree cutting going on everywhere which should stop.”   

 

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DRT Solutions Weekly Mail – 194th Issue dated 27th Jan ’12

All Weekly mails right from 1st Issue to latest, click links below:-

 


 

(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.

So, what's wrong and where?  When I look at myself or my friends I can see it everywhere.  We are not happy with what we have but all are stressed and not happy for the things we don't have.  You have a Santro, but you want City;  You have a City, but you want Skoda.  Just after buying a new phone, we need another one.  Better laptop, bigger TV, faster car, bigger house, more money.
  I mean, these examples are endless.  The point is, does it actually worth?  Do we ever think if we actually need those things before we want them?

After this, I was forced to think what I need and what I don't.  May be I didn't need this Handy cam or the iPod or that DVD player.  When I see my father back at home.  He has a simple BPL colour TV, he doesn't need 32" Sony LCD wall mount.  He has a cell phone worth Rs 2,500.  Whenever I ask him to change the phone, he always says, "Its a phone, I need this just for calls."

And believe me; he is much happier in life than me with those limited resources and simple gadgets. The very basic reason why he is happy with so little is that he doesn't want things in life to make it luxurious, but he wants only those things which are making his life easier.  It's a very fine line between these two, but after looking my father's life style closely,  I got the point.  He needs a cell phone but not the iPhone.  He needs a TV but not the 32" plasma.   He needs a car but not an expensive one.

Initially I had lot of questions.

I am earning good, still I am not happy,...why ?

I have all luxuries, still I am stressed.... ....... why ?

I had a great weekend, still I am feeling tired...... why?

I met lot of people, I thought over it again and again, I still don't know if I got the answers, but certainly figured out few things.  I realize that one thing which is keeping me stressed is the "stay connected" syndrome.  I realized that, at home also I am logged in on messengers, checking mails, using social networks, and on the top of that, the windows mobile is not letting me disconnected.  On the weekend itself, trying to avoid unwanted calls, and that is keeping my mind always full of stress.  I realized that I am spending far lesser money than what I earn, even then I am always worried about money and more money.  I realized that I am saving enough money I would ever need, whenever needed.  Still I am stressed about job and salary and spends.

May be, many people will call this approach "not progressive attitude", but I want my life back. Ultimately it's a single life, a day gone is a day gone.  I believe if I am not happy tonight, I'll never be happy tomorrow morning.  I finally realized that meeting friends, spending quality time with your loved one's; spending time with yourself is the most important thing.

If on Sunday you are alone and you don't have anybody to talk with, then all that luxuries life, all that money is wasted.  May be cutting down your requirements, re-calculating your future goal in the light of today's happiness is a worthwhile thing to do.  May be selling off your Santro and buying Honda City on EMIs is not a good idea.  I believe putting your happiness ahead of money is the choice we need to make.

 I think, a lot can be said and done but what we need the most is re-evaluation of the value of happiness and time we are giving to our life and people associated with it.

Think about it.
 

 

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DRT Solutions Weekly Mail – 193rd Issue dated 20th Jan ’12

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(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.

 

Our Comments

 

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. 
Last year, she told newspaper El Nacional of her need to send out a message about cancer prevention. And the model explained, "I hate to see photos in which I come out ugly.But you know what? Nobody ever said cancer is pretty or that I should look like Miss Venezuela when I have cancer". 
In a heart-breaking Twitter post over the weekend, Eva's husband posted a photo showing a close-up of his hand holding hers at her last moment, with the caption, "Always together ... I love you wife". 
Her family has confirmed the model passed away at a hospital in Houston on Saturday (December 17, 2011), according to the Huffington Post.   
  
Everything in life is temporary, because everything changes... 
That's why it takes great courage to love, knowing it might end anytime but having the faith it will last forever... 
  
life is like  morning dew drop in end of  grass ,for you and me everybody have to face this noble truth.   

- Try to understand people , not their words - 


 
Live Simply - Love Generously - Care Deeply - Speak Kindly – 

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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.

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DRT Solutions Weekly Mail – 192nd Issue dated 13th Jan ’12

All Weekly mails right from 1st Issue to latest, click links below:-

 

All Weekly mails right from 1st Issue to latest, click links at top of this page
 

(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 ??????
Some reassuring and very useful info !!!!!!!
By Richard Altschuler

Does the expiration date on a bottle of a medication mean anything?

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?

In other words, are drug manufacturers being honest with us when they put an expiration date on their medications, or is the practice of dating just another drug industry scam, to get us to buy new medications when the old ones that purportedly have "expired" are still perfectly good?

These are the pressing questions I investigated after my mother-in-law recently said to me, "It doesn't mean anything," when I pointed out that the Tylenol she was about to take had "expired" 4 years and a few months ago. I was a bit mocking in my pronouncement -- feeling superior that I had noticed the chemical corpse in her cabinet -- but she was equally adamant in her reply, and is generally very sage about medical issues.

So I gave her a glass of water with the purportedly "dead" drug, of which she took 2 capsules for a pain in the upper back. About a half hour later she reported the pain seemed to have eased up a bit. I said, "You could be having a placebo effect," not wanting to simply concede she was right about the drug, and also not actually knowing what I was talking about. I was just happy to hear that her pain had eased, even before we had our evening cocktails and hot tub dip (we were in "Leisure World," near Laguna Beach, California, where the hot tub is bigger than most Manhattan apartments, and "Heaven," as generally portrayed, would be raucous by comparison).

Upon my return to NYC and high-speed connection, I immediately scoured the medical databases and general literature for the answer to my question about drug expiration labelling. And voila, no sooner than I could say "Screwed again by the pharmaceutical industry," I had my answer. Here are the simple facts:

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.

Second, medical authorities uniformly say it is safe to take drugs past their expiration date -- no matter how "expired" the drugs purportedly are. Except for possibly the rarest of exceptions, you won't get hurt and you certainly won't get killed.


Studies show that expired drugs may lose some of their potency over time, from as little as 5% or less to 50% or more (though usually much less than the latter). Even 10 years after the "expiration date," most drugs have a good deal of their original potency. 

One of the largest studies ever conducted that supports the above points about "expired drug" labelling was done by the US military 15 years ago, according to a feature story in the Wall Street Journal (March 29, 2000), reported by Laurie P. Cohen.The military was sitting on a $1 billion stockpile of drugs and facing the daunting process of destroying and replacing its supply every 2 to 3 years, so it began a testing program to see if it could extend the life of its inventory. The testing, conducted by the US Food and Drug Administration (FDA), ultimately covered more than 100 drugs, prescription and over-the-counter.

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."


The FDA cautioned there isn't enough evidence from the program, which is weighted toward drugs used during combat, to conclude most drugs in consumers' medicine cabinets are potent beyond the expiration date. Joel Davis, however, a former FDA expiration-date compliance chief, said that with a handful of exceptions -- notably nitroglycerin, insulin, and some liquid antibiotics -- most drugs are probably as durable as those the agency has tested for the military. "Most drugs degrade very slowly," he said. "In all likelihood, you can take a product you have at home and keep it for many years." Consider aspirin. Bayer AG puts 2-year or 3-year dates on aspirin and says that it should be discarded after that. However, Chris Allen, a vice president at the Bayer unit that makes aspirin, said the dating is "pretty conservative" ; when Bayer has tested 4-year-old aspirin, it remained 100% effective, he said. So why doesn't Bayer set a 4-year expiration date? Because the company often changes packaging, and it undertakes "continuous improvement programs," Mr. Allen said. Each change triggers a need for more expiration-date testing, and testing each time for a 4-year life would be impractical. Bayer has never tested aspirin beyond 4 years, Mr. Allen said. But Jens Carstensen has. Dr.. Carstensen, professor emeritus at the University of Wisconsin's pharmacy school, who wrote what is considered the main text on drug stability, said,

"I did a study of different aspirins, and after 5 years, Bayer was still excellent”.

Aspirin, if made correctly, is very stable.

Okay, I concede. My mother-in-law was right, once again.

And I was wrong, once again, and with a wiseacre attitude to boot. Sorry mom.


Now I think I'll take a swig of the 10-year dead package of Alka Seltzer in my medicine chest to ease the nausea I'm feeling from calculating how many billions of dollars the pharmaceutical industry bilks out of unknowing consumers every year who discard perfectly good drugs and buy new ones because they trust the industry's "expiration date
 labelling


 

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DRT Solutions Weekly Mail – 191st Issue dated 6th Jan ’12

All Weekly mails right from 1st Issue to latest, click links at top of this page

 


 

(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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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.

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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.

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