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

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DRT Solutions Weekly Mail – 320th Issue dated 27th June ’14

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


 

(1) Damages under Law of Torts is Most Appropriate Remedy particularly when Statutory Authorities are Involved in Wrong Doings

 

In developed countries, Law of Torts occupies a prominent place but in our country, this important branch of common law is not practiced. This subject is taught in law colleges past more than 150 years. The first edition of famous Indian Book on this law written by Ratan Lal & Dhiraj Lal was published in 1897. Updated 26th edition of this popular book has appeared in 2013. Thus Indian Legal Community has been using this book past 117 years. Several British and American legal authorities as well as their Press have profusely appreciated this book. The Standard (London) opined that “ – there is no better text-book for legal students of the law of Torts by any English writer” The Harvard Law Review (USA) commented that “The work is more comprehensive than many other text-books on the subject” There are also several other Indian books on Law of Torts. Thus the legal community in our country is well aware of this law

This important branch of law is highly useful particularly when wrong doings of the statutory authorities are involved. This law did not grow in our country because the British never liked any action to be taken against its statutory authorities. After independence, the Indian Bureaucracy and the politicians also did not like that any action to be taken against them. The legal community is also not much interested in spreading the application of this law.

We have using this law in preparing pleadings for counter-claims in banking matters past more than 24  years and most of our clients have been greatly benefitted.

Recently we have found that there are numerous cases of illegal constructions and orders for demolitions of the same are being passed by the courts without paying any compensation to the owners. Further the builders and statutory authorities who are mainly responsible for the said wrong doings get scot free.

When a multistoried business complex was demolished in Indore, we studied all the related laws and came to the following conclusions:-

(a)   The title of the land and its use is examined by the colony cell of the Collector’s office. Only after the approval of the said cell, permission is given for building construction. The above mentioned business complex was demolished because the land belongs to ‘Nazul’ i.e. the Govt. Thus the first illegalitiy was committed by the said colony cell and hence its officials as well as the Collector are the wrong doers and damages must be filed against them.

(b)   A licened Architect prepares the building plan and submits to the Town & Country Planning. They are supposed to check the titles of the land. Hence in this case the Architect and the Town and Country Planning are also the wrong doers and hence they must be impleaded in the said damages.

(c)   The moment any construction starts, the inspecting authorities of the Municipal Corporation of the concerned area are supposed to verify the land, its use, approval for builging plans and if there is any illegality, construction is not allowed to commence. Hence in this case the said inspection authorities and the Municipal Corporation are also the wrong doers and hence they must be impleaded in the said damages.

(d)   As soon as the building is completed, completion certificate is issued by concerned colony cell and the Town and Country Planning. If any illegality is committed, these authorities are the wrong doers and hence they must be impleaded in the said damages.

(e)   When all the prescribed certificates are issued, then only the water and electricity connections are provided by the Municipal Corporation. After this only occupation certificate is issued.  If any illegality is committed in issuing the occupation certificate, these authorities of the Municipal Corporation are the wrong doers and hence they must be impleaded in the said damages.

(f)    In all the above matters, the builder is required to obtain the said certificate and keep the copies on the spot. The buyers of the property should inspect the said certificates and obtain the copies. They may also obtain the copies from the said authorities.

(g)   The society of the flat owners is entitled to inspect and to obtain the copies of the said certificates from the builder and or from the said statutory authorities.

(h)   If any possession is taken without the said certificates, it is the builder and the said statutory authorities who are primarily responsible and accountable to ensure that the said certificates are legally issued and provided to the flat owners.

(i)    The above mentioned damages should include all types of damages, i.e. direct loss and damages, damages causing mental tension, torture, image and reputation etc. The damages must include aggravated and exemplary damages. When all types of permissible category of damages, the quantum becomes quite huge compared with the cost of the flats. The damages also have the element of interest at the prevailing market rate.

(j)    Once a civil suit is filed for the said damages and all the heads of the said statutory authorities, concerned officials and the builder are impleaded, there will be sufficient pressure created on them. If there is any delay in the judicial process, the damages will continue to increase due to interest element. If there is any order for demolition, the same can not be implemented till the said damages are decided and paid.

(k)   There is no limitation for filing the said suit for damages as the characteristics of the said damages pertains to ‘continuing breaches and torts’ We have even filed a case after 21 years.

(l)    If such cases for the damages would have been filed in the matter of Campa Cola or Noida Colonies, the flat owners would have not been in such a pitiable conditions as at present. The real wrong doers i.e. the builders and the statutory authorities would have been exposed and legally entangled with the flat owners commanding superior position. Rushing to High Courts without filing damages in the trial courts is a grave legal mistake and creates a painful situation to the flat owners due to no action against the real wrong doers.

(m) We have been pioneer in introducing above concepts in the arena of banking since 1989 and such approach has greatly benefited our clients.

 

(2) Advocate General favours Multi-pronged Approach to Lift Judiciary’s Image

 

The following news item is self explanatory:-

AG favours multi-pronged approach to lift judiciary's image

IANS  |  New Delhi  

June 19, 2014 Last Updated at 22:34 IST

http://www.business-standard.com/article/news-ians/ag-favours-multi-pronged-approach-to-lift-judiciary-s-image-114061901382_1.html

Attorney General Mukul Rohtagi Thursday said that lifting up the Indian judiciary's sagging image burdened with a backlog of 3.3 million cases required a multi-pronged approach and no single approach alone including reducing the number of holidays was going to solve the problem.

"Image of the judiciary is sagging and you have to shake every part of the judicial functioning," Rohatgi said adding that redundant laws and redundant procedures in criminal laws had to be shed.

Speaking to newsmen after assuming the charge of his office Rohatgi said that number of holidays should be scaled down but was not certain to what extent. At one point he suggested that summer break could be scaled down from existing seven weeks to two weeks.

He said that Supreme Court should be restored the status for which it was set up and that not every case should travel to apex court. He said that Supreme Court was not equipped to hear every decision of the high court or tribunals.

Officials should shed the mindset of leaving all contentious issues to the courts and not taking decisions themselves, Rohatgi said. "... these attitudes have to be changed."

The Attorney General called for a rethink that orders of the tribunals including that of National Green Tribunal or the Armed Forces Tribunal can be challenged directly before the Supreme Court. "You may have a statute but you can't take away the right under Article 226 (Power of high Courts to issue certain writs)," he said.

He favoured a multi-pronged strategy to reduce the number of cases coming to courts rooted in government - the biggest litigant.

Rohatgi also called for transparency in the working in of the Supreme Court including in the appointment of judges.

"What applies to government (transparent functioning) applies to judiciary also. Sunlight is the best disinfectant," he underlined, adding "transparency was the anti-thesis of arbitrariness".

He also favoured senior lawyers being consulted before the appointment of judges including elevation to the apex court.

Advocating more transparency in judges' appointment, Rohatgi said that all the stake holders including judiciary, government, lawyers and litigants should also be involved in the process.

"If a law is required to be changed then it can be changed," he when asked if there should be an amendment to overcome the existing collegium system of appointment of judges.

Ultimately these are experiments, he said, pointing out that for 40 years, it was the government that was appointing the judges and another 20 years that collegium system is in operation. "Now you need to have another experiment," he said espousing the National Judicial Commission for the appointment of judges.

Urging a time limit on the arguments by the counsel before the court, Rohatgi said that in no other country, arguments goes on for days, weeks and even months. He said that every counsel on the conclusion of arguments should give a four-five page written submission.

He said that the idea of the Negotiable Instrument Act was to scare the people so that they pay in bounced cheque cases, noting that conviction in these cases does not result in the recovery of money and parallel proceeding has got to be initiated for recovery.

"Why not give power to same judge to pass money decree also," Rohatgi observed.

(3) Cheers to Dhania

 

Mr U.C. Desai, Ahemdabad has sent the following useful information:-

Cheers to Dhaniya 

CLEAN YOUR KIDNEYS IN Rs. 1.00 OR EVEN LESS. Years are passing by and our kidneys are filtering the blood by removing salt and any unwanted bacteria entering our body. With time salt accumulates in our kidney and it needs to undergo cleaning treatment. How are we going to do this?

Here is an easy, cheap and simple way to do it. Take a bunch of coriander (DHANIYA Leaves) and wash it clean. Cut it in small pieces and put it in a pot. Pour clean water and boil it for ten minutes and let it cool down. Next filter it and pour it in a clean bottle and keep it in refrigerator to cool. Drink one glass everyday and you will notice all salt and other accumulated impurities coming out of your kidney while urination. You will be able to notice the difference yourself! DHANIYA/CORIANDER is known as a best cleaning treatment for kidneys and the best part is it is natural! Please share this information with others and keep your kidneys clean.

Even if you take one glass of juice of Dhaniya before sleep at night , you will get sound sleep. ( a good remedy for insomnia). 

Further such boiled and cooled water if you drink one glass a day it reduces  scope of heart attack ( by making blood thin). It also contains vitamin A , So good to improve eyesight.

From : u.c.desai  09374556625 Ahmedabad 

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DRT Solutions Weekly Mail – 319th Issue dated 20th June ’14

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


 

(1) Important Feedback to the Advocates

 

I personally had a bitter experience from an advocate described below:-

(a)   My younger brother (who is abroad) for his personal work desired services of an advocate at City “A” of India.

(b)   I found that an advocate staying near to that city attended DRT Conference in 2008.

(c)   On 18.05.14, I sent a mail to the said advocate. On next day i.e. 19th May, he replied back stating that he would be glad to handle the assignment. On the same day I informed him that on account of his express consent, I shall discuss the matter with my brother and also confirmed him that we shall bear all his expenses and professional charges.

(d)   On 27th May, we mailed him all the documents and desired his mobile no for discussions and for ascertaining the advance to be remitted.

(e)   On 30th May, he informed that he was away on fortnight vacation and will be back on 8th June and also confirmed that he will complete the assignment soonest then.

(f)    On 8th June I sent a mail to him reminding him to inform his mobile no so that myself and my brother may discuss the matter.

(g)   Since there was no reply I sent another reminder mail on 14th June.

(h)   The said advocate kept silent and hence I sent another reminder mail on 17th June in detail. In the meantime, my brother got his mobile no on JustDial. On ringing him on the said no, we got a message – Pl check the number you have dialed.

(i)    It was too much for us to follow a known person who was simply keeping quiet since 30th May. In one of the mail even I explained him as to how much we care about the mail queries even from unknown persons. Mostly we reply on the same day. Our telephone numbers are given on our web site as well as the same are given with every mail reply. We attend all phone calls within 3 rings. For us it was extremely sad experience and that too from a known person. Since till date we had not received any reply from him except two mail responses on 19th and 30th May and then he kept quiet despite our 3 reminders.

(j)    A final detailed reminder was sent to him on 19th June. Side by side we started efforts on the net to locate another advocate.

(k)   This incidence is being narrated here as a feedback to the advocates. We as human beings are supposed to have a minimum standard of conduct for the communication for the fellow human beings. The standards for the client are much higher. The reputation of the profession as well as that of the person is spoilt the moment he neglects his duty to respond quickly to the communication through mails or phone calls.  


 

(2) DRTs Bogged Down by Inadequate Infrastructure & Red Tape

 

The following news item is self explanatory:-

 

Debt Recovery Tribunals bogged down by inadequate infrastructure and red tape

By Raghav Ohri, ET Bureau | 10 Jun, 2014, 04.00AM IST

http://economictimes.indiatimes.com/news/economy/infrastructure/debt-recovery-tribunals-bogged-down-by-inadequate-infrastructure-and-red-tape/articleshow/36316928.cms

NEW DELHI: Never mind the El Nino, at least one government official is nervous about what might happen if the monsoon is anywhere near normal. The rain could flood his office, turning files involving thousands of crores of rupees of litigation into a soggy mess. 

The Delhi Debt Recovery Tribunal (DRT) is located in a building where the roof leaks when it rains. This state of affairs reflects a picture of neglect that seems to have undermined what was a well-intentioned plan. 

Conceived two decades ago, the idea behind the DRTs was to speed up the recovery of loans by banks, a process that otherwise tended to wind its tortuous way through the courts with excruciating slowness. 

Given the current state of government-owned banks, all of them burdened by rising bad loans, the DRTs should have been seen as their saviour, ensuring they got their money back quickly. But the tribunals too have been bogged down by inadequate infrastructure and red tape, with cases taking years, even decades, to be resolved. 

Gross non-performing assets (NPAs) of state-run banks rose to Rs 2.03 lakh crore at the end of September last year from Rs 1.55 lakh crore on 31 March, 2013. There are 33 DRTs across India and three Debt Recovery Appellate Tribunals (DRATs) in Delhi, Mumbai and Chennai. They function under the ambit of the finance ministry. The appellate authority has to be headed by a retired high court judge. 

In Allahabad, the DRT operates from the bedroom of a rented house. The Jaipur DRT is located in space meant for a shop, while the one in Chandigarh functions from a building belonging to Maruti Suzuki. 

Most of the DRTs are themselves fighting cases with building owners who want the premises vacated. The Delhi DRAT meanwhile is based at the government-owned Hotel Samrat in Chanakyapuri, a holdover from Soviet-style accommodations reminiscent of the 1970s and 80s. 

DRTs are also woefully understaffed, lacking judgment writers, clerks and support staff. At a recent meeting with bank officers, the Punjab DRT chief asked them to loan him personnel so cases could be decided and judgments delivered. That's because the tribunal is unable to pay full-time employees salaries for months at a time as money doesn't come from the Centre. 

Because of this, DRTs are compelled to hire staff on contract, at times offering only one-fourth of salaries elsewhere. 

The Punjab DRT chief and other officials don't even get money to pay for stamps, court notices etc, having to foot these bills out of their own pocket in the hope of being reimbursed at some point. "We have been paying for the telephone bills, court notices, stamps so that at least the tribunal's orders are delivered and recovery of debts is made," said Harcharan Singh, presiding officer of the Punjab DRT in Chandigarh. 

Sometimes tribunal officials pool in cash to raise Rs 500 for stamps to complete court formalities. "The tribunal does not even have half of the staff sanctioned to us," Singh said. "As against three stenos, I only have one. Remaining staff has either been outsourced or taken from banks." Singh's personal secretary is also a bank employee. 
Against a sanctioned staff strength of 40, the Punjab DRT has 19 employees, including those on contract at very low salaries. "One cannot expect quality work from an employee who is being paid one fourth of what he can fetch in the market. 

So poor quality of employees also is an additional burden which consumes time and energy of tribunals," said advocate IP Singh, president of the DRT Bar Association. 

One of Delhi's three DRTs has been directed by a court to vacate its office. Interestingly, the three Delhi tribunals all function from buildings that belong to the Rashtriya Swayamsevak Sangh (RSS). 

Even the appellate authority in Delhi got a court eviction order from Hotel Samrat but the Delhi High Court stayed the order. In Chandigarh, Maruti Suzuki has moved court against the DRT office housed in its building. 

Ironically, DRTs are among the top revenue-generating tribunals, given the charges they levy litigants. The fee for filing a normal claim is Rs 1 lakh. 

Banks usually first issue a notice on bad debt and then a show cause notice. The next step is to approach the DRT. In 2002, under the Securitisation Act, the Central government empowered banks to directly recover bad debts from defaulters. In this eventuality, the defaulter can approach the DRT. So, defaulters too can move the DRT, but only under the Securitisation Act. 

The newly appointed chief of DRAT Delhi and Allahabad DRT, Justice (retd) Ranjit Singh, has taken up the matter of neglect with the finance ministry, asking it to fix things quickly. 

Singh, a retired judge of the Punjab and Haryana High Court, told ET he has asked the ministry to provide for staff and adequate infrastructure. He has recommended that "DRTs should be made financially independent" and that salaries of employees should not be included in the expenditure fund of the tribunals. 

He also warned that unless something was done quickly to redeem the situation, the unthinkable could happen at the Delhi DRT cited above and files could be irretrievably lost, given that the rainy season may be just weeks away.

(3) Sixty Uses of Common Salt

 

Mr. U.C. Desai from Ahemdabad has sent the following useful information:-

SIXTY USES OF COMMON SALT

Although you may not realize it, simple table salt has a great number of uses other than simply seasoning your food. The following list will give you sixty uses of salt, many of which you probably didn't realize: 
1. Soak stained hankies in salt water before washing. 
2. Sprinkle salt on your shelves to keep ants away. 
3. Soak fish in salt water before decaling; the scales will come off easier. 
4. Put a few grains of rice in your salt shaker for easier pouring. 
5. Add salt to green salads to prevent wilting.. 
6. Test the freshness of eggs in a cup of salt water; fresh eggs sink; bad ones float. 
7. Add a little salt to your boiling water when cooking eggs; a cracked egg will stay in its shell this way. 
8. A tiny pinch of salt with egg whites makes them beat up fluffier. 
9. Soak wrinkled apples in a mildly salted water solution to perk them up. 
10. Rub salt on your pancake griddle and your flapjacks won't stick. 
11. Soak toothbrushes in salt water before you first use them; they will last longer.
12. Use salt to clean your discolored coffee pot. 
13. Mix salt with turpentine to whiten you bathtub and toilet bowl. 
14. Soak your nuts in salt brine overnight and they will crack out of their shells whole. Just tap the end of the shell with a hammer to break it open easily. 
15. Boil clothespins in salt water before using them and they will last longer. 
16. Clean brass, copper and pewter with paste made of salt and vinegar, thickened with flour 
17. Add a little salt to the water your cut flowers will stand in for a longer life. 
18. Pour a mound of salt on an ink spot on your carpet; let the salt soak up the stain. 
19. Clean your iron by rubbing some salt on the damp cloth on the ironing surface. 
20. Adding a little salt to the water when cooking foods in a double boiler will make the food cook faster. 
21. Use a mixture of salt and lemon juice to clean piano keys. 
22. To fill plaster holes in your walls, use equal parts of salt and starch, with just enough water to make a stiff putty. 
23. Rinse a sore eye with a little salt water. 
24. Mildly salted water makes an effective mouthwash. Use it hot for a sore throat gargle. 
25. Dry salt sprinkled on your toothbrush makes a good tooth polisher. 
26. Use salt for killing weeds in your lawn. 
27. Eliminate excess suds with a sprinkle of salt. 
28. A dash of salt in warm milk makes a more relaxing beverage. 
29. Before using new glasses, soak them in warm salty water for awhile. 
30. A dash of salt enhances the taste of tea. ? 
31. Salt improves the taste of cooking apples. 
32. Soak your clothes line in salt water to prevent your clothes from freezing to the line; likewise, use salt in your final rinse to prevent the clothes from freezing. 
33. Rub any wicker furniture you may have with salt water to prevent yellowing. 
34. Freshen sponges by soaking them in salt water. 
35. Add raw potatoes to stews and soups that are too salty. 
36. Soak enamel pans in salt water overnight and boil salt water in them next day to remove burned-on stains. 
37. Clean your greens in salt water for easier removal of dirt. 
38. Gelatin sets more quickly when a dash of salt is added. 
39. Fruits put in mildly salted water after peeling will not discolor. 
40. Fabric colors hold fast in salty water wash.. 
41. Milk stays fresh longer when a little salt is added. 
42. Use equal parts of salt and soda for brushing your teeth. 
43. Sprinkle salt in your oven before scrubbing clean. 
44. Soaked discolored glass in a salt and vinegar solution to remove stains.. 
45. Clean greasy pans with a paper towel and salt. 
46. Salty water boils faster when cooking eggs. 
47. Add a pinch of salt to whipping cream to make it whip more quickly. 
48. Sprinkle salt in milk-scorched pans to remove odor. 
49. A dash of salt improves the taste of coffee.. 
50. Boil mismatched hose in salty water and they will come out matched. 
51. Salt and soda will sweeten the odor of your refrigerator. 
52. Cover wine-stained fabric with salt; rinse in cool water later. 
53. Remove offensive odors from stove with salt and cinnamon. 
54. A pinch of salt improves the flavor of cocoa. 
55. To remove grease stains in clothing, mix one part salt to four parts alcohol. 
56. Salt and lemon juice? Removes mildew. 
57. Sprinkle salt between sidewalk bricks where you don't want grass growing. 
58. Polish your old kerosene lamp with salt for a better look. 
59. Remove odors from sink drainpipes with a strong, hot solution of salt water. 
60. If a pie bubbles over in your oven, put a handful of salt on top of the spilled juice. The mess won't smell and will bake into a dry, light crust which will wipe off easily when the oven has cooled.
 From u.c.desai (M) 09374556625 Ahmedabad

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DRT Solutions Weekly Mail – 318th Issue dated 13th June ’14

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


 

(1) Campa Cola Demolition – The Only Complete Solution for Such Cases

 

The Present Approach

 

The relevant material facts and circumstances in such cases are as under:-

(a)   There are numerous acts and laws governing land, design and approval of the colony, its layout , buildings and flats, sale and transfer of the ownership etc.

(b)   On one hand the individual flat buyer is not conversant with the intricacies of the said legal provisions, the builder or the colonizer is well versed with the same.

(c)   In most of the cases, the various approving and inspecting authorities are in league with the builders. Hence various documents are also prepared in a dubious manner.

(d)   The legal provisions hold the owner responsible for the legal violations if any and he is supposed to verify and satisfy himself before buying the property.

(e)   In such backdrop, lot of illegalities and violations are committed. If the same are detected at a later date and the illegal portion of the building is ordered to be demolished, the usual and approach is to file a writ in the High Court and the legal battle continues from High Court ot the Supreme Court. The process takes few years and finally the Apex Court also orders demolition as recently happpend in case of Campa Cola.

(f)    The builders and various authorities who were in hand-in-glove go scot free and the innocent flat owner is thrown on the street.

Flaw in the Present Approach 

The High Court and the Supreme Court are respectively Court of Law and Court of Justice. They concentrate mainly on legal violations and not the factual violations. The later go undetected and the real culprits are not brought to books. The phenomena is well known to everybody but the Judges express their inability as they decide the cases as are presented to them.

Our Proposal 

The various material facts and circumstances which must come before the Judical Process are as under:-

(a)   At every stage of creation, development and transfer of the  property, there are prescribed authorities for inspection and approval. These are contained in various documents.

(b)   All the docuemts right from the inception need to be examined thoroughly. The same need to be compared with the happenings on the spot. This exercise will reveal many variations, alterations and modifications some of which will be found against the legal provisions.

(c)   The said documents, the concerned authorities, their duties and reponsibilites as well as the impact of violations must be listed.

(d)   Under such facts and circumstances particularly when statutory authoritiesa are involved, the tool of the law of torts is most appropriate.

(e)   In view of above, a suit for loss and damages due to the said violations be filed in civil court. The damages for the individual flat owner will be quite huge compared witht the value of the flat and will have the element of interest and other increases with passage of time.

(f)    Since the authorities as well as the builder will be individually, jointly and severally will be responsible and accountable for the said loss and damges, if there is any order for demolition, the flat owner will be required to be fully compensated before he is asked to leave or the demolition will have to be stayed. Alternatively if the judiciary is in a hurry for demolition, they should be in equal hurry to decide the damages quickly.

(g)   Due to such cases, the said authorites will alo be very careful in future and such violations will come down drastically.

(h)   Past 15 years we have tried the above concepts in the arena of banking. The damages and counter-claim created so much pressure on banks that many cases were settled from 5% to 25% of bank dues. Such cases are reported on our web site.

(i)    It is high time that use of law of torts and consequent damages be resorted to in all such areas where the statutory authrities are involved. In Mumbai itself, 48% of the buiIdings are yet to be issued occupation certificate. The flat owners in these buildings can start this exercise, obtain all the documents directly or with the use of RTI Act, examine them and in case of illegalities, file damage suits which will protect them in future. It is needless to mention that in developed countries, it is the fear of damages due to torts which have made the authorities  more responsible and accountable and as a result the corruption also has come down. 

(2) Chief Justice, Supreme Court wants to Cancel Long Vacations but the Lawyers are not Very Keen.

 

The following news item is self explanatory:-

Chief Justice wants to cancel long vacations for Indian courts, but lawyers aren't very keen

http://scroll.in/article/664862/Chief-Justice-wants-to-cancel-long-vacations-for-Indian-courts,-but-lawyers-aren't-very-keen

Getting courts to work all year could address the massive backlog of pending cases, but lawyers are concerned about how it could affect their own vacations.

The Supreme Court and several high courts across India are currently on a long summer vacation. This annual break from hearing cases has been a practice since well before Independence, but India’s newly-appointed Chief Justice RM Lodha recentlyproposed that this vacation system should be scrapped and courts remain open all year.


The move, he believes, would be a great step forward in clearing the massive, growing pile of pending cases across Indian courts. The Supreme Court itself has a 
more than 63,800 pending cases and the national backlog is possibly close to three crore cases. Against this backdrop, it seems like a luxury for the higher courts to be closed for an average of two months a year, during summer, Diwali and winter.


Lodha has recommended that instead of all the judges going on vacation all at one time, individual judges should take their leave at different times through the year, so that the courts are constantly open and there are always benches present to hear cases.


On Wednesday, after Lodha sought feedback from all stakeholders on the issue, the national Bar Council of India held an official meeting with the heads of all state-level Bar Councils to assess how the proposal could be implemented. "None of us are opposed to the idea of courts being open for longer, but we need to deliberate on the details of how it could be implemented," said advocate Biri Singh Sinsinwar, the chairman of the Bar Council of India, which represents Indian advocates and lawyers.


The Council is now preparing to constitute an 11-member committee to discuss implementation with the chief justice. "Our main concern is how a new system would affect advocates," said Sinsinwar. "When would they get to go on leave?"


The preoccupation with accommodating lawyers' vacations is a surprising aspect of a rather old debate over court holidays and its role in creating an enormous backlog of cases in India. In 2008, the Parliamentary Standing Committee on Law and Justice tabled a report that 
described the system of vacations as a “colonial legacy” that is irrelevant today, recommending that they be done away with. In 2009, the Law Commission of India also recommended that the number of working days for judges should be increased to tackle the backlog of cases.


At present, the Supreme Court hears cases for 193 days a year, high courts are open for 210 days and trial courts work for 245 days. In 
England, which instituted the system in colonial India, high court judges work for just 185 to 190 days a year while district judges are expected to work for at least 215 days.


Singapore, much like India, officially grants Supreme Court vacations for three weeks in summer and one month in winter. Internationally, one of the few exceptions are several state and federal courts is the United States of America, where the concept of long court holidays was cast aside in favour of keeping courts open on all weekdays.


“Every day that a court is closed, the backlog of cases will always increase, so Justice Lodha’s suggestion is perfectly logical,” said retired high court judge RS Sodhi. “If leaves are regulated, the judicial process will not stop, and we will be able to deal with cases continuously.”

While Indian judges are open to the idea of flexible breaks some prominent lawyers have their own vacations in mind while expressing their opposition.


“When a lawyer takes up a case, he needs to be prepared to be called for a hearing at anytime,” said PH Parekh, president of the Supreme Court Bar Association. “If official vacation slots are scrapped, judges will still get their holidays, but lawyers will get no rest, because they could get called to court any time.” According to Parekh, it would be much more fruitful to reduce the number of vacation days for courts and to increase the number of working hours every day.


Delhi-based lawyer Nikhil Mehra, however, dismisses these concerns. "No one is stopping private lawyers from going on a holiday whenever they want to," said Mehra, who believes that chief justice's proposal should be implemented, at least on an experimental basis. "Once it is implemented, people are likely to adapt to the change and will align their holidays with lighter periods in the court schedule."


However, Mehra emphasises the fact that court vacations have their own utility. Vacation benches, for instance, hear a number of urgent cases during holidays, and judges also use the time to research and write judgements. "When the courts reopen, they usually deliver a spate of judgements that judges had been working on," said Mehra.

In addition to that, some lawyers are not convinced that scrapping vacations will be able to address the enormous number of pending cases in Indian courts. In fact, in 2010, Andhra Pradesh HC judge VV Rao had calculated that the Indian judiciary would need 
320 years to clear the three-crore case backlog.


“The main problems are that we are short of judges, that judges often go on sudden leave and that litigants waste a lot of the courts’ time by prolonging their petitions,” said Mumbai-based lawyer Vandana Shah. “All of these issues have to be addressed simultaneously if we seriously want to address pending cases and stop people from using the slowness of our judicial system as a punishment in itself.”

 

(3) Tamil Nadu Lawyers Reject CJI’s 365-day Work Schedule 

The following news item is self explanatory:- 

Tamil Nadu lawyers reject CJI's 365-day work schedule for courts

TNN | Jun 12, 2014, 04.25 AM IST


http://timesofindia.indiatimes.com/city/chennai/Tamil-Nadu-lawyers-reject-CJIs-365-day-work-schedule-for-courts/articleshow/36407984.cms

CHENNAI: The Madras High Court Advocates Association (MHAA), which is the top body of advocates in this part of the country, has rejected Chief Justice of India R M Lodha's 365-day work schedule for courts and demanded formation of a southern bench of the Supreme Court, preferably in Chennai.


A resolution to this effect was adopted at an extraordinary general body meeting of the association on Wednesday, MHAA president R C Paul Kanagaraj told reporters here.


It said representations would be submitted to all judges and stake-holders explaining the difficulties of lawyers in agreeing for the 365-day formula. Acknowledging that delay in disposal of cases had emerged as the biggest challenge of the judiciary, Kanagaraj said in order to reduce backlog and ensure speedy disposal of cases, judges of calibre should be appointed immediately. "Appointment of eminent judges with knowledge, skill, efficiency, kindness and unbiased and incorruptible attitude is requested," he said.


The Bar forum resolved to demand formation of a bench of the Supreme Court in a south Indian state, preferably TN.


Intellectual Property Attorneys Association is also opposed to non-stop work schedule for courts, said its president P Sanjai Gandhi. A detailed representation against the proposal would be submitted to the Centre and the SC, he said.


Last month, CJI Lodha had spoken about the need to ensure that the judiciary worked for all 365 days. As a follow-up, he wrote to all chief justices of high courts asking them to ascertain the views of judges. He had also asked the Bar Council of India to convene a meeting of Bar leaders and find out their opinions. Making it clear that judges would be having their usual vacations and holidays, CJI Lodha said judges could avail themselves of the facility as and when required. Last week, judges of the Madras high court had consented for the arrangement.


Bar leaders who participated in the deliberations in Delhi on June 4, however, rejected the proposal saying the CJI had considered the issues concerning judges and not advocates.

 

 

(4) DRTs in Sorry State of Affairs

 

The following news item is self explanatory:- 

Debt Recovery Tribunals in dire straits


By Raghav Ohri, ET Bureau | 9 Jun, 2014, 12.37PM IST

http://economictimes.indiatimes.com/news/economy/finance/debt-recovery-tribunals-in-dire-straits/articleshow/36288678.cms

CHANDIGARH: Never mind the El Nino, at least one government official is nervous about what might happen if the monsoon is anywhere near normal. The rain could flood his office, turning files involving thousands of crores of rupees of litigation into a soggy mess. The Delhi Debt Recovery Tribunal (DRT) is located in a building where the roof leaks when it rains. 

This state of affairs reflects a picture of neglect that seems to have undermined what was a well intentioned plan. conceived two decades ago, the idea behind the DRTs was to speedup the recovery of loans by banks, a process that otherwise tended to wind its tortuous way through the courts with excruciating slowness. 

Given the current state of government-owned banks, all of them burdened by rising bad loans, the DRTs should have been seen as their saviour, ensuring they got their money back quickly. But the tribunals too have been bogged down by inadequate infrastructure and red tape, with cases taking years, even decades, to be resolved. Gross non-performing assets (NPAs) of state-run banks rose to 2.03 lakh crore at the end of September last year from 1.55 lakh crore on 31 March, 2013. 

There are 33 DRTs across India and three Debt Recovery Appellate Tribunals (DRATs) in Delhi, Mumbai and Chennai. They function under the ambit of the finance ministry. The appellate authority has to be headed by a retired high court judge. 

In Allahabad, the DRT operates from the bedroom of a rented house. The Jaipur DRT is located in space meant for a shop, while the one in Chandigarh functions from a building belonging to Maruti Suzuki. Most of the DRTs are themselves fighting cases with building owners who want the premises vacated. 

The Delhi DRT meanwhile is based at the government-owned Hotel Samrat in Chanakyapuri, a holdover from Soviet-style accommodations reminiscent of the 1970s and 80s. DRTs are also woefully understaffed, lacking judgment writers, clerks and support staff. 

At a recent meeting with bank officers, the Punjab DRT chief asked them to loan him personnel so cases could be decided and judgments delivered. That's because the tribunal is unable to pay fulltime employees salaries for months at a time as money doesn't come from the Centre. Because of this, DRTs are compelled to hire staff on contract, at times offering only one-fourth of salaries elsewhere. 

The Punjab DRT chief and other officials don't even get money to pay for stamps, court notices etc, having to foot these bills out of their own pocket in the hope of being reimbursed at some point. "We have been paying for the telephone bills, court notices, stamps so that at least the tribunal's orders are delivered and recovery of debts is made ,"said Harcharan Singh, presiding officer of the Punjab DRT in Chandigarh. 

Sometimes tribunal officials pool in cash to raise funds for 500 for stamps to complete the court formalities. "The tribunal does not even have half of the staff sanctioned to us," Singh said. "As against three stenos, I only have one. Remaining staff has either been outsourced or taken from banks." 

Singh's personal secretary is also a bank employee. Against a sanctioned staff strength of 40, the Punjab DRT has 19 employees, including those on contract at very low salaries. "One cannot expect quality work from an employee who is being paid one-fourth of what he can fetch in the market. So poor quality of employees also is an additional burden which consumes time and energy of tribunals," said advocate IP Singh, president of the DRT Bar Association. 

One of Delhi's three DRTs has been directed by a court to vacate its office. Interestingly, the three Delhi tribunals all function from buildings that belong to the Rashtriya Swayamsevak Sangh (RSS). Even the appellate authority in Delhi got a court eviction order from Hotel Samrat but the Delhi High Court stayed the order. 

In Chandigarh, Maruti Suzuki has moved court against the DRT office housed in its building. Ironically, DRTs are among the top revenue-generating tribunals, given the charges they levy litigants. The fee for filing a normal claim is 1 lakh.

 Banks usually first issue a notice on bad debt and then a show cause notice. The next step is to approach the DRT. In 2002, under the Securitisation Act, the Central government empowered banks to directly recover bad debts from defaulters. 

In this eventuality, the defaulter can approach the DRT. So, defaulters too can move the DRT, but only under the Securitisation Act. The newly appointed chief of DRT Delhi and Allahabad, Justice (retd ) Ranjit Singh, has taken up the matter of neglect with the finance ministry, asking it to fix things quickly.

 Singh, a retired judge of the Punjab and Haryana High Court, told ET he has asked the ministry to provide for staff and adequate infrastructure. He has recommended that "DRTs should be made financially independent" and that salaries of employees should not be included in the expenditure fund of the tribunals. He also warned that unless something was done quickly to redeem the situation, the unthinkable could happen at the Delhi DRT cited above and files could be irretrievably lost, given that the rainy season may be just weeks away.

(5) Be Happy, Be Healthy

 

The following  item from speakingtree.in is useful:-

Be Happy Be Healthy

http://www.speakingtree.in/public/spiritual-blogs/seekers/wellness/be-happy-be-healthy/?utm_source=topic_newsletter&utm_medium=subscription&utm_campaign=topicnewsletter&suid=MTgxMTMz#

 

By: Kirti Shukla on Jun 06, 2014 

While you may be making the utmost effort to eat healthy for the majority of your day, it is possible that there are the small daily mistakes you maybe making in your diet, which make weight loss, or weight management more difficult and a slower process than it should be.


Sometimes it is these innocuous morsels of food that make a big difference when it comes to proper weight management. So what are these foods in your daily diet that you should avoid?


1. Glass of milk - While milk is a healthy addition to your meals, it could possibly be the one food that is hindering your progress. If you are used to having a glass of milk before you sleep, at breakfast, or even for a snack in the evening, take a break from drinking milk for a month. If you feel that its making a difference - making you less sluggish, helping you lose weight, clearing up your skin etc - this maybe the solution to your problems. Give it a go.


2. Something sweet after meals - Many 
people have this habit of wanting just a little something sweet after every meal. This is absolutely unnecessary and you probably know it. Just that addition of sugar after your meals is worth cutting down on if you have it on a daily basis. Let dessert be a treat you save for the weekends and you will probably savour it more.


3. Heavy carbs for your evening snack - How often have you felt so hungry in the time between your lunch and dinner, that you can eat anything without giving a thought as to whether it is right for you or not? You may land up knocking off a sandwich or a samosa. This may be the only unhealthy addition to your diet in the entire day, but consumed daily, this evening snack could be hindering your efforts. Therefore, carry something that has healthy proteins and fats like nuts, with you so that you don't succumb to hunger.


4. Potatoes - Recently dubbed by a study conducted by Harvard, as one of the foods that definitely makes you gain weight over time, potatoes have a way of turning up in our daily food unannounced. You maybe eating a healthy sabzi but a whole potato may have been added in there to improve the flavour. Fresh veggies taste 
good on their own if you try, so give it a shot.


5. So called 'healthy snacks' - Baked chakris and chips, all of these so called healthy snacks, should be substituted with real nutritious food. Many people eat these unaccounted, thinking they are healthy and will not make a big difference to their health and weight. This is a misconception and you are better off without these highly processed snacks.

 

Tags : HappinessHealth

Source : Times of India

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DRT Solutions Weekly Mail – 317th Issue dated 6th June ’14

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


 

(1) Submissions before Shri Narendra Modi, PM

 

We have been approached by several parties to suggest as to what submissions be made before Mr. Narendra Modi, PM. Our suggestions are as under:-

 

(a)   Transfer of DRTs from control of Ministry of Finance to Ministry of Law:- 

Past more than 15 years, the Supreme Court of India has laid down a law that the Tribunals should not be under the control of parent Ministry and it should be transferred to Ministry of Law. As per Art 141 of the Constitution of India, the law laid down by the Supreme Court is binding on all courts in India. The DRTs, DRATs, High Courts and the Minstry of Finance continue to violate the said law laid down by the Apex Court. Great injustice is being caused to the litigant borrowers in DRTs because of the following:-

(i)             The banks are under the control of Ministry of Finance. Thus this Ministry has got vested interest being from the side of the bank.

(ii)           This Ministry is appointing the judges and the Recovery Officers of the DRTs and thus the entire structure of DRTs becomes biased to the Banks.

(iii)         This Ministry is holding regular meetings with the DRT Judges asking them to expedite the cases. This is highly against the principles of natural justice.

(iv)          Thus until and unless the DRTs are transferred to Ministry of Law, as laid down by the Supreme Court more than 15 years back, the borrowers can not bet justice from DRTs.

 

(b)    Video and Audio Recording of Proceedings in DRTs 

It is observed that there is no actual record of court proceedings in DRTs. In US, such records are bing made since 1935, Further many of the DRT advocates are not arguing the cases properly. Some of the Judges of the DRTs are not behaving properly. Under such facts and circumstances, immediate video and audiro recording of the proceedings of the DRTs will improve the performance of the DRTs. 

(c)   Training of DRT Advocates & Judges

 DRTs were created on the recommendations of the Tiwari Committee of the RBI. On page 77 of the said Report of the Committee published in 1984, it is stated that the Advocates and Judges of the proposed tribunals will be experts in banking, industry and finance. The said recommendation has not yet been implemented. Hence there must be regular training courses for the DRT Advocates and Judges in banking, industry and finance. Then only one can expect justice in DRTs.

 

(d)   Proper Work Load on the DRT Judges 

In US, they have made proper work load studies on the Judges and accordingly there are only 2 to 3 cases per day so that there are thorough trials of the cases.

The DRTs are required to conducdt trials pertaining to complex matters of industrial and business finance. If there are limited cases, real trials will be conducted and complete justice will be achieved.

It is needless to mention that huge court fees are being collected in DRTs. Hence the strength of the DRT Judges can be enhanced suitably. 

(e)   Use of Modern Technology & e-filing in DRTs 

Complete working of DRTs should be based on modern technology of court management. E-filing be introduced immediately so that cases can be filed from anywhere, all the proceedings are trancripted and made available on the net. Court room arguments are held by using video technology etc. The DRT judgments be publishd on the relevant web site of the DRT. All these will improve not only the efficiency but reduce the cost also. 

(f)    Certain Invalidities in Securitization Act to be removed

 

(i)            Deposit Condition for Appeal u/s 18 – This presumes that all the borrowers/guarantors appealing against the verdict in DRT will have at least 25% of debt due, which is an impossibility otherwise the account would have never become NPA.

(ii)           The Sec 2(f) treats borrowers and guarantors on same footing which is not correct

(iii)         At present when the definition of borrower includes guarantor, the provision of sec 13(11) is superfluous.

 

 

(2) Some Ray of Hope on NPA

 

New finance minister had meeting with The Governor of RBI. Among other issues subject of NPA was discussed. With new fresh approach ( uprooting of UPA government) can be expected dynamic and revolutionary also. Let us wait only one quarter ...till 30-9-'14 for result.

In this connection, Mr U.C. Desai, ex-Banker has expressed his view as under:-

 

Ten worlds of Life

HELL: All conditions of suffering and despair. In this state, we are utterly devoid of freedom, and undergo extreme and indescribable suffering. 


HUNGER: Consumed by desire and a sense of lack, Hunger is a state characterized by an insatiable desire. In this state, a person is tormented by relentless craving and by his inability to satisfy it. 


INSTINCT (ANIMALITY): The state of Animality is governed by instinct, and one has no sense of reason or morality. A person in the state of Animality is in fear of the strong, but despises and preys upon those weaker than himself. One is dominated by a selfish ego. A person in this state is compelled by the need to be superior to others in all things, despising others and valuing himself alone. 

ANGER: The fourth world is Anger. It's filled with various aspects of anger, hostility and rage, from whatever motivation and whether directed to others or toward oneself. This world also can involve striving for power and domination. 


*These four states are collectively called the four lower worlds. 


HUMANITY/TRANQUILIT WORLD: The fifth world is the normal basic state of neutral human experience. In this state, one can pass fair judgment, control one's instinctive desires with reason, and act in harmony with one's environment or society. 


RAPTURE: The sixth world is Heaven or Rapture. This state indicates the sense of pleasure and ecstasy one feels when desire is fulfilled. However, the joy in this state is temporary and disappears with the passage of time or with even a slight change in circumstances. It is said that the shortest road to Hell (suffering) is from Rapture. 


*These six worlds from Hell through Heaven are where the majority of people spend most of their time, moving back and forth among them. In these states, people are governed by reactions to external influences, and therefore they are extremely vulnerable to changing circumstances. 

LEARNING: In the seventh world, learning - seeking some lasting truth - pervades. Generally one enters this life condition after pursuing the truth of life through the teachings of others. This life condition is relatively free from avarice, anger, stupidity, arrogance and doubt, as well as from bias or depravity. However, a selfish or arrogant mind, although hidden, is still present to some extent in this life condition. 


REALIZATION: In this condition, one seeks some lasting truth through their own observations and effort, and attains a degree of emancipation by perceiving the chain of causation, or by observing the natural order. In other words, one understands cause and effect as the nature of life in the universe. Because this is a life condition reached by discovering the truth in the universe after much effort, the sense of fulfilment felt in this state may be deeper than that gained in the world of learning. *Realization and Learning can often turn into arrogance, because people in these life conditions become stubbornly attached to their own realization with its limited perspective. Learning and Realization are called the two vehicles. The defect of the two vehicles lies in the fact that persons in these states may primarily seek only their own salvation and enlightenment. 

COMPASSIONATE ALTRUISM In the ninth world, one aspires to enlightenment, and also devotes oneself to compassionate actions and altruism. Those in this state dwell among common mortals of the Six Paths humbly, while respecting others. They seek to serve and benefit others. This life condition is characterized by the great desire to extend help to those who are suffering. 

ENLIGHTENMENT or ACTUALIZATION: The highest life condition is a state of perfect and absolute freedom in which one enjoys boundless wisdom and compassion, and is filled with the courage and power to overcome all hardships. This is the condition underlying the rich, altruistic activities of the Bodhisattva, in which one takes the sufferings of others as his own and defies all obstacles to help others change their destiny. One demonstrates to others how they can call up their own Buddhahood from within .


U.C.DESAI  09374556625


 

(3) Health Benefits of Masoor Dal

 

The following news item from speakingtree.in is  self explanatory:-

 

Health Benefits Of Health Benefits Of "Red Lentils" (Masoor Dal)

http://www.speakingtree.in/public/spiritual-blogs/seekers/wellness/health-benefits-of-health-benefits-of-red-lentils-masoor-dal/?utm_source=topic_newsletter&utm_medium=subscription&utm_campaign=topicnewsletter&suid=MTgxMTMz

 

By: Mohammed Karjatwala on May 27, 2014

Health Benefits Of "Red Lentils" (Masoor Dal)


Lentils are a powerhouse of nutrition. They are a good source of potassium, calcium, zinc, niacin and vitamin K, but are particularly rich in dietary fiber, lean protein, folic acid and iron.

 

A single cup of cooked lentils contains 16 grams of dietary fiber. It contains some soluble fiber, but is an outstanding source of insoluble fiber. According to The Cancer Project, a diet that includes plenty of insoluble fiber can regulate bowel movements, promote digestive system health and may significantly decrease the risk of colon, breast, throat and esophageal cancer. Fiber-rich foods like lentils may also help prevent stroke, heart disease, diabetes, high blood cholesterol and hypertension.

 

Cooke

d lentils provide 18 grams of protein per cup, with less than 1 gram of fat, negligible saturated fat and no cholesterol. Whereas beef, poultry and fish, all of which are good sources of protein but contain much higher amounts of saturated fat and cholesterol.


The Harvard School of Public Health names lentils a better protein choice.

 

Each cup of cooked lentils has 358 micrograms of Folic Acid. This amount supplies nearly 100 percent of the 400-microgram daily requirement of folate for adults which supports nervous system health, aids in energy metabolism and is required for the synthesis of DNA, RNA and red blood cells. 


If your diet lacks adequate folate, you may be more likely to develop cancer, depression, heart disease and age-related vision or hearing loss. It is especially important for pregnant women to include folate-rich foods like lentils in their diets. Pregnant women who eat at least 600 micrograms of folate daily may lessen the risk of their child being born with a birth defect.

 

A cup of lentils provides 87 percent of the iron men need daily and 38 percent of the amount a woman needs. The body uses iron to produce red blood cells and adenosine triphosphate, or ATP.


People with deficiency of Iron may develop Anemia or neurological problems like attention-deficit hyperactivity disorder.

-----------------------------------------------------------------------------------------------------------------------------

 

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DRT Solutions Weekly Mail – 316th Issue dated 30th May ’14

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


 

(1) Dearth of Magistrates – Huge Pendency in Cheque Bounce Cases

 

The following news item from Times of India is self explanatory. There is no proper planning and management in Judiciary. After enanctment of 138 NI Act, nobody took any action to arrange required strength of Magistrates. As a result there is now huge pendency. Similarly in DRTs, now the pendency is growing at an alarming rate but there is no effective remedial measure. This is how the civil court pendency has crossed 3 crore cases. To clear the huge pendency the Chief Justice of India is proposing  3 shifts working in courts as if courts are factories. Similarly to tackle the 138 ni cases pendency, the SC has laid down that the Magistrate himself will send the summons through e-mails. All such measures are laughable showing that there is no understanding of scientific management and system analysis even at the level of Supreme Court.

 

Dearth of magistrates leads to pending cheque bounce cases

Sulogna Mehta,TNN 

http://timesofindia.indiatimes.com/city/visakhapatnam/Dearth-of-magistrates-leads-to-pending-cheque-bounce-cases/articleshow/35353834.cms

 

VISAKHAPATNAM: Around 6,000 cheque bounce cases, which should have been disposed off within six months of being filed, have been pending in courts for nearly three years due to dearth of special magistrates.


According to sources, while there are nearly four lakh cheque bounce cases pending across India.Many of the nearly 6,000 cases pending in Vizag's special magistrate court have been pending since 2011.


Interestingly, in cheque bounce cases, it's not just the common public and rich businessmen that are bounced, even those issued by certain politicians have bounced, including that of a former MLA from Vizag, said legal sources.


Advocates point out that the money in the cheque bounce cases, pending in district court, ranges from a few thousands to several lakhs of rupees. "Every month, hundreds of new cases come up for hearing," said a lawyer. Cheque bouncing is an offence punishable with two years of imprisonment or fine double the cheque amount that has bounced. "As per the 13th Finance Commission, only special magistrates appointed from among retired district judges can deal with cheque bounce cases. But now, Vizag court has only four such magistrates as seven posts of special magistrates are lying vacant even though around 300-350 cases come up every month," stated senior advocate and president of Forum of Legal Professionals Kupilli Muralidhar.


"Since many of the retired district judges have relocated to other places, there's a dearth of special magistrates and cases have been pending for the last three to four years. In case of Debt Recovery Tribunals (DRT), there's a provision for appointing advocates as chairman of DRT. Similarly, if retired district judges are not available as special magistrates, it's advisable that the vacancies be filled up by senior advocates who can act as special magistrates and speedily dispose of the cases within six months," added the advocate.


As for the police, they express their inability to take action against defaulters on their own in cheque bounce cases. "We can't initiate action on our own as these are considered to be private complaints. We can take action only as per the court's directive and such cases should come to us only from the court," stated Md Iliyas, inspector, One Town Police Station, Vizag.

 

(2) Video Recording in DRTs – Immediate need

 

Last week there was an unfortunate happening in Mumbai DRT when the DRT Judge refused to hear the arguments from a senior advocate on behalf of a borrower. When the borrower has paid full court fee, his advocate has right to submit full arguments and it is the duty of the judge to listen the same. Under such facts and circumstances, there is urgent and immediate need to have video recording in DRTs so that exact happenings in the court room are known as to how the advocates are arguing and what questions are being raised by the judges. In USA, court room recording is being done since 1935. Our Supreme Court judges have been visiting the US Court rooms and spending crores of rupees in travelling expenses but they have not yet implemented the audio and video recording in court rooms. On one hand the Supreme Court is ordering video recording for evidence of prisoners and other witnesses from far off places, it is not keen to have video recording of the oral arguments which is so essential in the entire judicial process.  

 

(3) Laughter Yoga

 

The following news item from speakingtree.in is  self explanatory:- 

 

Laughter Yoga

By: Prakhar Kishore on May 23, 2014

http://www.speakingtree.in/public/spiritual-blogs/seekers/self-improvement/laughter-yoga/?utm_source=topic_newsletter&utm_medium=subscription&utm_campaign=topicnewsletter&suid=MTgxMTMz

 

Humor is infectious. The sound of roaring laughter is far more contagious than any cough, sniffle, or sneeze. When laughter is shared, it binds people together and increaseshappiness and intimacy. Laughter also triggers healthy physical changes in the body. Humor and laughter strengthen your immune system, boost your energy, diminish pain, and protect you from the damaging effects of stress. Best of all, this priceless medicine is fun, free, and easy to use..

 

Laughter is good for your health

§  Laughter relaxes the whole body. A good, hearty laugh relieves physical tension and stress, leaving your muscles relaxed for up to 45 minutes after.

§  Laughter boosts the immune system. Laughter decreases stress hormones and increases immune cells and infection-fighting antibodies, thus improving your resistance to disease.

§  Laughter triggers the release of endorphins, the body’s natural feel-good chemicals. Endorphins promote an overall sense of well-being and can even temporarily relieve pain.

§  Laughter protects the heartLaughter improves the function of blood vessels and increases blood flow, which can help protect you against a heart attack and other cardiovascular problems.

 

Power of Smile

By: Prakhar Kishore on May 23, 2014

 

http://www.speakingtree.in/public/spiritual-blogs/seekers/self-improvement/power-of-smile/?utm_source=topic_newsletter&utm_medium=subscription&utm_campaign=topicnewsletter&suid=MTgxMTMz

 

smile is a simple act, but sometimes takes a lot of effort. A smile can cause boundaries to melt, hearts to warm up, and distances to reduce. 

It has a lot of benefits, not only to you but also to those around you. Read on for some fascinating smiling facts that will help you stay positive and keep you beaming longer.

 

1) It Improves Our Mood.

Try putting on a smile when you are down or lonely. Makes you feel a little better, doesn't it? Yes, we can actually trick ourselves into feeling good! Even when you force yourself to smile at first, eventually, you will feel better for real.

 

2) It Helps Reduce Stress.

This is one of the most well-known smiling facts. You release endorphins and serotonin, your feel-good hormones, when you smile. These help keep stress at bay. Keep smiling for that instant and natural stress-reducing effect!

 

3) It Makes Us Attractive.

Frowns and scowls push people away. Draw people in by smiling and showing people how pleasant and approachable you are.

Smiling brightens your face, making you look younger and more good-looking. It is also easier to smile than to frown. So save yourself the extra effort and choose the easier way. Look better and feel better all in one!

 

4) It Is Infectious.

When you smile, you make others feel good and happy as well. Smiling facts state that people tend to return the favor when you smile at them first. It's true!

It's difficult to frown when others are smiling at you, isn't it? You know what they say, smile and the world smiles with you.

 

5) It Is Universal.

A smile cuts across all barriers. It knows no age, gender, color or culture. No matter where you are in the world, or what language you speak, a smile will always be understood.

It represents goodwill, affection and openness towards others. It also communicateshappiness and acceptance. In other words, it is one thing that connects and encompasses us all. Keep sharing it.

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DRT Solutions Weekly Mail – 315th Issue dated 23rd May ’14

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


 

(1) DRTs – Advocates & Judges

 

The litigant borrowers are the customers and clients before DRTs. They are required to pay huge court fees out of which salaries are paid to the Judges and the staff of DRTs. They are also paying professional charges to the advocates. Thus the advocates and judges have to render proper and satisfactory service to them. Our views are as under:-

 

(a)   The DRTs were established consequent on the RBI’s ‘Tiwari Committee’ Report which was published by the RBI in 1984. The extract from the page 77 is reproduced as under:-

“These tribunals should be manned by persons having specialized knowledge in the functioning of banks, financial institutions and industry”

Hence the advocates and judges in DRTs were required to be trained in specialized knowledge of banking, industry and finance. This has not yet been done despite the said stipulation of 1984 i.e. of 29 years back. It is also not known as to when it will be done.

 

(b)   The DRT is required to deal with the industrial finance which is not a simple personal finance. The DRTs being trial court has to establish facts relating to the said industrial finance, appraisal, sanction, securities, revival, rehabilitation, restructuring, various RBI Guidelines, wrong doings committed by banks, damages due to the said wrong doings etc. The bureaucracy in banks is not doing their duties properly and are misleading the courts. All these will take long time to conduct full trials.

 

(c)   The Supreme Court of India in its clear verdict of 16 years back in respect of Tribunals has laid down the law that the Tribunals should be controlled by the Ministry of Law instead the parent ministries. Despite such law laid down by the Apex Court which as per Art 141 of the Constitution is binding on all courts in the country, the DRTs continue to be controlled by the Ministry of Finance. All complaints and agitations have been turned deaf years. The Ministry of Finance is appointing the DRT Judges and Recovery Officers. Ministry of Finance is holding regular meeting with them and issuing instructions for expeditious disposal. The DRATs and High Courts have passed strictures against few of the Judges and Recovery Officers.

 

(d)   There are more than 3 crore cases pending in different courts in the country. One of sitting judges in AP High Court stated that it will take 320 years to clear the pendency. Eminent SC Judge, V.R. Krishna Iyer said in 1988 that we are 200 years behind compared with the courts in developed countries.

 

(e)   In global ranking, India occupies 74th rank i.e. the judicial system of 73 countries is better than Indian Judicial System. Hence Judicial Reform is mother of all reforms in our country. Entire democracy depends on such reform.

 

(f)    All oral arguments in American Courts are audio and video recorded and the transcript of same are published on the web site on the same day so that the litigants know as to how the advocates have argued their case, what questions judges asked etc. Such records are available since 1935. Our legal personnel i.e. advocates and judges so called officers of the courts have visited the American Courts but till date such recording of oral arguments have not yet been implemented. We have even developed a system of video recording in 2007 and demonstrated before District Judge, Indore in 2007. It was appreciated by him as well as other advocates and judges. It was sent to the High Court and the Supreme Court but so far none has come forward to implement it.

 

(g)   The main objective of the courts is to render justice. This requires committed working, hard work and patience.

 

(h)   The officers of the court in DRTs i.e. the advocate and judges should take up the lead for the Judicial Reforms and should undertake to render complete justice to their clients i.e. the borrower litigants who are the victims of the system. The model so developed in DRTs can then be extended to other courts. Will the advocates and judges in DRTs realize their responsibility to this national cause? Till such time the advocates and judges perform their functions properly, the only option is that the borrowers should involve themselves. Their companies be represented by the advocates and they should represent themselves. All the proceedings should be in writing. Important facts be established through interim applications. The adverse interim judgments, if any be remedied with Review and Appeal. Some of our clients who followed our guidance and advice have either won their cases or the bank is forced to settle even at meager amount of 5% to 20%. Despite paying the huge court fee which meet up salaries of judges and other staff as well as the professional charges for the advocates, the borrowers themselves will have to work if they want justice. It is an interim phase, till proper  judiciary reforms are devised and implemented. The new generation using modern management and technology will definitely do it. 


 

(2) Condition of Deposit in DRTs

 

It is observed that pre-condition of deposit is prescribed in DRTs for awarding injunction. Our views are as under:-

(a)   Recovery action is initiated against a borrower when he is unable to honour his financial commitments with the bank.

(b)   Such situation normally arises when the unit becomes sick and starts generating losses instead of profits. Bank has got record of day-to-day transactions and hence due non-payment of interest, the unit is declared NPA.   

(c)   Under such adverse financial conditions, the borrower and his family even find difficult to survive. Some of the entrepreneurs have even committed suicides.

(d)   The role of the banks becomes very important. They are neither cautioning the borrower nor providing any guidance for safeguards. On the other hand they are forcing the borrowers to mortgage all their assets. Further they obtain the personal guarantees. The promotional and developmental agencies also do not provide any guidance and warning. The RBI is also silent on this important aspect. Thus the borrower is fully trapped and his condition is like Abhimanu. On the other hand, the banks keep themselves fully safe. Apart from multiple securities and mortgages, the Govt and RBI have prescribed compulsory CRR by which certain portion of funds have to kept reserved.

(e)   It is well known to the Govt and the banks that the entrepreneurs and the borrowers are operating virtually without any reserves. Such situation is highly dangerous for the country when even competent entrepreneurs are killed or get involved in long drawn litigations. Indirectly the Govt and the banks also suffer.

(f)    With such conditions precedent, the DRT prescribes deposits for injunctions to become effective.

(g)   In view of above, we include the important and material fact about the inability of providing any deposit in the pleadings right from the stage of ‘Representation and Objections’ to the ‘Application u/s 17’ or the WS against the OA with the stipulation to try this matter as a preliminary issue.

(h)   As regards the condition of minimum 25% deposit with the Appeal in DRAT in the securitization act, we include in our pleadings of the SA that full and complete trial with evidence has to be conducted in DRT because of virtual absence of any appeal due to the said deposit.

(3) Bravo!!! – Interesting & Heart-warming True Story

Mr Firoz Poonawalla has sent the following interesting piece:-

 An interesting and heart-warming true story.

 

In 1947, Partition of India had become a reality. Captain Syed Mahdi Hasnain (later Major General SM Hasnain), my late father, was the Adjutant of The Ist Battalion of The Royal Garhwal Rifles posted at Peshawar Cantt. The Unit was under move to Saharanpur along the Grand Trunk Railway route. En route from Peshawar to Lahore the Unit was busy providing protection to thousands of Sikh and Hindu refugees who had been cruelly uprooted following Jinnah's infamous decision to go ahead with the creation of Pakistan. Captain Mahdi Hasnain was himself at the forefront of this effort being the Adjutant of the Unit. At Lahore Railway Station, his Commanding Officer Lt Col Mclean called him to his cabin and slowly put the question to him -" Son, you are a proud Muslim, the only Muslim in this unit. Isn't it time you decided your fate; where would you like to go - to be a part of Pakistan or remain in India. I ask because should your choice be Pakistan I suggest you should stay behind and say good bye to your colleagues". It was as good a question ever asked in a moment of tragedy and at a point when life and death decisions have to be made. Captain Mahdi Hasnain's answer reflected that he had already thought deeply about his fate. His answer - " Sir, I deeply respect your concern but for me my prime duty lies with the safe move of my Unit; I am the Adjutant of this Unit and I will never leave it mid way. As for my choice. I am not sure what the rest of my family will decide but I am aware that nations created on the basis of faith can never last long. There will be instant euphoria which will last for sometime but eventually the nation which is created on the basis of respect for all faiths is the one which will live many centuries. For me, the choice is India and that is where I am proceeding with my Unit". Lt Col Mclean complimented him on his choice and Capt Mahdi Hasnain continued to perform the duties of Adjutant as the Unit continued its journey to Saharanpur. Throughout the journey it picked many hundreds of refugees again; among them was the patriarch of the Kapoor Family which later set up Kapoor & co tailors at Indian Military Academy. He had a lifelong bond with Capt Mahdi Hasnain who unfortunately never commanded 1st Garhwal Rifles (now 6 Mech Inf) but instead raised 4 Garhwal Rifles becoming its first Commanding Officer. I joined the same unit and became its 14th Commanding Officer. Captain Mahdi Hasnain rose to be Major General SM Hasnain, became the first Indian Muslim to command a Division in the Indian Army. He retired with his approval for Lt Gen in his pocket but age was against him. I, his son had the honor to be a Lt Gen, the first officer commissioned in The Garhwal Rifles to be a Corps Commander. The Indian Army and the Nation gave the Hasnain family a total of 10 (ten) decorations, perhaps the highest number to any single family in India. I commanded two active Corps of the Indian Army - 21 (Sudarshan Chakra) Bhopal and 15(Chinar) at Srinagar

The above story is like rubbing salt on Mahwash Badar's(the author of the piece on Pakistan) wounds. If one has to ever salute decisions I would always salute the wisdom of decision made by the young Adjutant of 1st Battalion the Royal Garhwal Rifles on that afternoon of August 1947 at Lahore Station. It ensured many destinies ; safe, good, enduring and patriotic destinies.

JAI HIND

 

(4) The Great Calcium Lie

 

Mr Firoz Poonawalla has sent the following useful information about calcium. We have added the information about sources of magnesium:-

You've been told how important calcium is for your entire life.
You were told to drink milk, eat cheese and you may even be taking calcium 
supplements right now.
You've been told how it builds strong bones and teeth. And how it prevents 
osteoporosis and fractures.
But -- here's what they never told you about calcium...
Calcium by itself can cause heart disease, stiff joints and even cell dysfunction and death!
You see, your body requires a very important mineral to "move" the calcium you 
eat from your tissues to your bones.
Without this mineral...
· Calcium gets trapped in your muscles, stiffening your body.
· Calcium sits in the lining of your arteries, causing plaque that leads to heart problems.
· Calcium accumulates in your cells, which hyper excites it leading to cell dysfunction and even cell death.
And yet -- over 68% of people in America are deficient in this all important mineral. 
What is this mineral…Magnesium!

Magnesium is an essential mineral required by the body for maintaining normal muscle and nerve function, keeping a healthy immune system, maintaining heart rhythm, and building strong bones. Magnesium is also involved in at least 300 biochemical reactions in the body. A deficiency in magnesium can lead to muscle spasms, cardiovascular disease, diabetes, high blood pressure, anxiety disorders, migraines, osteoporosis, and cerebral infarction. Conversely, consuming too much magnesium typically causes diarrhea as the body attempts to excrete the excess. The current DV for magnesium is 400mg. Below is a list of high magnesium foods, for more, see the lists of high magnesium foods by nutrient densitymagnesium rich foodsvegetables high in magnesium, and fruits high in magnesium.

 

#1: Dark Leafy Greens (Raw Spinach)

Magnesium in 100g

1 Cup Raw (30g)

1 Cup Cooked (180g)

79mg (20% DV)

24mg (6% DV)

157mg (39% DV)

Other Greens High in Magnesium (%DV per cup cooked): Swiss Chard (38%), and Kale (19%). Click to see complete nutrition facts.

 

#2: Nuts and Seeds (Squash and Pumpkin Seeds)

Magnesium in 100g

1/2 Cup (113g)

1 Ounce (28g)

534mg (134% DV)

606mg (152% DV)

150mg (37% DV)

Other Nuts and Seeds High in Magnesium (%DV per 1/2 cup): Sesame Seeds (63%), Brazil Nuts (63%), Almonds (48%), Cashews (44% DV), Pine nuts (43%), Mixed Nuts (39%), and Peanuts (31%), Pecans (17%), Walnuts (16%). Click to see complete nutrition facts.

 

#3: Fish (Mackerel)

Magnesium in 100g

Per 3oz Fillet (85g)

97mg (24% DV)

82mg (21% DV)

Other Fish High in Magnesium (%DV per 3oz fillet (85g)): Pollock (18% DV), Turbot (14% DV), Tuna (14% DV), and most other fish at an average of 8% DV. Click to see complete nutrition facts.

 

#4: Beans and Lentils (Soy Beans)

Magnesium in 100g

1 Cup Cooked (172g)

86mg (22% DV)

148mg (37% DV)

Other Beans and Lentils High in Magnesium (%DV per cup cooked): White Beans (28%), French Beans (25%), Black-eyed Peas (23%), Kidney Beans (21%), Chickpeas (Garbanzo) (20%), Lentils (18%), Pinto Beans (16%), . Click to see complete nutrition facts.

 

#5: Whole Grains (Brown Rice)

Magnesium in 100g

1 Cup Cooked (195g)

44mg (11% DV)

86mg (21% DV)

Other Whole Grains High in Magnesium (%DV per cup cooked): Quinoa (30%), Millet (19%), Bulgur (15%), Buckwheat (13%), Wild Rice (13%), Whole Wheat Pasta (11%), Barley (9%), Oats (7%). Click to see complete nutrition facts.

 

#6: Avocados

Magnesium in 100g

1 Avocado (201g)

1/2 Cup Pureed (115g)

29mg (7% DV)

58mg (15% DV)

33mg (9% DV)

An average avocado provides 322 calories, half a cup pureed contains 184 calories. Click to see complete nutrition facts.

 

#7: Low-Fat Dairy (Plain Non Fat Yogurt)

Magnesium in 100g

1 Cup (245g)

19mg (5% DV)

47mg (12% DV)

Other Dairy Foods High in Magnesium (%DV per 100g): Goat Cheese (Hard) (14% DV), Nonfat Chocolate Yogurt (10% DV) and Nonfat Mozzarella (8%). Click to see complete nutrition facts.

 

#8: Bananas

Magnesium in 100g

1 Medium (63g)

1 Cup Slices (150g)

27mg (7% DV)

32mg (8% DV)

41mg (10% DV)

Click to see complete nutrition facts.

 

#9: Dried Fruit (Figs)

Magnesium in 100g

1/2 Cup (75g)

1 Fig (8g)

68mg (17% DV)

51mg (13% DV)

5mg (1% DV)

Other Dried Fruit High in Magnesium (%DV per 1/2 cup): Prunes (11%), Apricots (10%), Dates (8%), and Raisins (7%). Click to see complete nutrition facts.

 

#10: Dark Chocolate

Magnesium in 100g

1 Square (29g)

1 Cup Grated (132g)

327mg (82% DV)

95mg (24% DV)

432mg (108% DV)

1 square of dark chocolate provides 145 calories. Click to see complete nutrition facts.
Read more at 
http://www.healthaliciousness.com/articles/foods-high-in-magnesium.php#G1LWwx6TZ0FPq4yR.99

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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. 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 – 314th Issue dated 16th May ’14

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

(1) Justice Postponed is Justice Denied

 

The following news item is self explanatory:-

The Telegraph, Calcutta, India

Wednesday, May 14, 2014

http://www.telegraphindia.com/1140514/jsp/opinion/story_18339367.jsp#.U3MUwzssXQA

JUSTICE POSTPONED IS JUSTICE DENIED

The Chief Justice of India has spoken strongly against the culture of indiscriminate adjournment of cases. Will that change anything? Hemchhaya De finds out

 

The Chief Justice of India (CJI), R.M. Lodha, seems to be on a crusade against what he calls the “culture of adjournments” in Indian courts.

Early this week, the CJI told a gathering of lawyers in Jodhpur that like medical facilities, the justice system should function 365 days a year. Stressing the need for speedier dispensation of justice, Lodha said that in the Supreme Court (SC), high courts and subordinate courts, adjournments should be allowed only when they are absolutely necese sary and this could ensure “acceleration in delivery of justice”.

This is not the first time the CJI has come down heavily on adjournments that are often regarded as a considerably significant factor leading to the humongous pendency of court cases across the country.

During a recent case hearing, Justice Lodha said that the practice of seeking adjournment of scheduled hearing of cases “at the drop of a hat” must be stopped. “Unless a lawyer falls very ill, requests for adjournment must not be made,” he said. He was responding to a request for adjournment of a scheduled hearing by Shivaji M. Jadhav, an apex court advocate, who is also the president of the Supreme Court Advocates on Record Association.

A recent report by the SC supported National Court Management System shows that about 19,000 judges, including 18,000 in trial courts, are coping with a pendency of 3 crore cases, resulting in a civil case continuing for around 15 years on an average. The total number of pending cases in Indian courts is expected to touch 15 crore by 2040.

And according to the monthly pending cases report of the apex court, out of the 63,843 pending matters dealt with last month, only 5,484 cases have been disposed of.

Litigants allege that both lawyers and judges are guilty of delaying justice — one by seeking adjournments and the other by allowing them. At times lawyers are found requesting adjournments on flimsy or outright absurd grounds, ranging from a lack of preparation to the death of a colleague. Two years ago, a Mumbai-based computer engineer-turned-judicial reform activist, Anil Gidwani, filed a PIL at the Bombay High Court against redundant adjournments. He asked for a stricter implementation of the 2002 Civil Procedure Code (CPC) amendment that caps the number of adjournments after hearing starts at three. Suffering frequent adjournments in his 15-year litigating career, he alleged that this law had never been followed in courts. His PIL was dismissed.

“Adjournments are the babies of senior, high profile lawyers who want to command higher fees at any cost by delaying the trial procedures,” says Avishek Goenka, a litigant and founder of a Calcutta-based organisation called Save Aam Admi, who frequently files PILs against a number of issues. “Justice Lodha should be commended for his directive on adjournments.”

The Central government too acknowledges the problem. In a National Litigation Policy Document, released as far back as in 2010, it stresses, “Accepting that frequent adjournments are resorted to by government lawyers, unnecessary and frequent adjournments will be frowned upon and infractions dealt with seriously.”

The legal fraternity doesn’t quite deny that adjournments are a bane of the system despite provisions such as the CPC amendment or CrPC Section 309 (1). The latter says, “In every inquiry or trial, the proceedings shall be held as expeditiously as possible, and in particular, when the examination of witnesses has once begun, the same shall be continued from day to day until all the witnesses in attendance have been examined, unless the court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded.”

Even the Supreme Court has from time to time referred to why adjournments should not be tolerated. Noting “the corrosive effect that adjournments can have on a litigation”, a 2013 Supreme Court ruling says, “The virtues of adjudication cannot be allowed to be paralysed by adjournments.”

In 2001, an apex court judgment notes, “Seeking adjournments for postponing the examination of witnesses who are present in court... is a dereliction of advocates’ duty to the court... The legal profession must be purified from such abuses of court procedures.”

Yet adjournments continue to be the norm rather than the exception in courts today. Even lawyers admit as much. “Although the CPC restricts the number of adjournments to three, such provisions are not observed in the Supreme Court and high courts,” says Adish C. Aggarwala, president, All India Bar Association, a body that seeks to uphold the tenets of our legal system and education.

Others feel that the problem is more acute in the lower courts. “In lower courts, judges are more liberal when it comes to allowing adjournments,” says Jadhav, who requested adjournment of a hearing in a case where Justice Lodha castigated the adjournment-seeking habit of a certain section of the legal fraternity. “In the Supreme Court, even if a matter is adjourned, the next in line will be dealt with and therefore judicial time is not really wasted.”

Jadhav puts the onus squarely on the competence of judges. “To abolish the culture of adjournments, we need more and more competent judges, mainly direct recruits — not promotees who rise through the ranks — from the bar who have a fair exposure to the intricacies of adjudication in higher courts,” he says. “We are therefore recommending more and more judiciary recruits from higher courts.”

Aggarwala also feels that a strong judiciary is the need of the hour. “It has been seen that lawyers do not seek adjournments when they see that the judges concerned are strict and loath to allow them,” he says. “On the other hand, in cases where judges are liberal, we have seen a preponderance of adjournments.”

Others beg to differ. “Adjournments have got nothing to do with the competence of judges,” says Murari Prasad Srivastava, a retired Calcutta High Court judge. “It is very difficult to make hard and fast rules to curtail adjournments — one cannot control unforeseen events that might lead to adjournments. So a judge will assess the reasons before allowing adjournments — it all depends on individual situations.”

He stresses that judges are overburdened with thousands of cases. “Pendency will be curtailed not by focusing on minor issues like adjournments but by limiting the number of cases per judge to say 10, as it happens in the West,” says Srivastava.

He adds that if a litigant feels that he or she is affected by adjournments, he or she can always approach the Bar Council.

In the context of adjournments, a 2001 Supreme Court judgment says, “Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee.”

Needless to say, the rules and rulings have so far had little effect in stemming the tide of adjournments. Will the Chief Justice of India’s censure in this regard change the status quo? That remains to be seen.

(2) Dr. Abdul Kalam’s Letter to Every Indian

 

Mr. Firoz Poonawalla has sent the following heart touching  letter:-

Dr. Abdul Kalam's Letter to Every Indian
===================================
Why is the media here so negative?
Why are we in India so embarrassed to recognize our own strengths, our achievements?
We are such a great nation. We have so many amazing success stories but we refuse to acknowledge them. Why?

We are the first in milk production.
We are number one in Remote sensing satellites.
We are the second largest producer of wheat.
We are the second largest producer of rice.
Look at Dr. Sudarshan , he has transferred the tribal village into a self-sustaining, self-driving unit. There are millions of such achievements but our media is only obsessed in the bad news and failures and disasters.

I was in Tel Aviv
 once and I was reading the Israeli newspaper. It was the day after a lot of attacks and bombardments and deaths had taken place. The Hamas had struck. But the front page of the newspaper had the picture of a Jewish gentleman who in five years had transformed his desert into an orchid and a granary. It was this inspiring picture that everyone woke up to. The gory details of killings, bombardments, deaths, were inside in the newspaper, buried among other news.

In India we only read about death, sickness, terrorism, crime.. Why are we so NEGATIVE? Another question: Why are we, as a nation so obsessed with foreign things? We want foreign T.Vs, we want foreign shirts. We want foreign technology.
Why this obsession with everything imported. Do we not realize that self-respect comes with self-reliance? I was in Hyderabad giving this lecture, when a 14 year old girl asked me for my autograph. I asked her what her goal in life is. She replied: I want to live in a developed India . For her, you and I will have to build this developed India . You must proclaim. India is not an under-developed nation; it is a highly developed nation.

Do you have 10 minutes? Allow me to come back with a vengeance.
Got 10 minutes for your country? If yes, then
 read; otherwise, choice is yours..

YOU say that our government is inefficient.
YOU say that our laws are too old.
YOU say that the municipality does not pick up the garbage.
YOU say that the phones don't work, the railways are a joke. The airline is the worst in the world, mails never reach their destination.
YOU say that our country has been fed to the dogs and is the absolute pits.
YOU say, say and say. What do YOU do about it?

Take a person on his way to Singapore . Give him a name - 'YOURS'. Give him a face - 'YOURS'. YOU walk out of the airport and you are at your International best. In Singapore you don't throw cigarette butts on the roads or eat in the stores. YOU are as proud of their Underground links as they are.. You pay $5 (approx. Rs. 60) to drive through Orchard Road (equivalent of Mahim Causeway or Pedder Road) between 5 PM and 8 PM. YOU come back to the parking lot to punch your parking ticket if you have over stayed in a restaurant or a shopping mall irrespective of your status identity… In Singapore you don't say anything, DO YOU? YOU wouldn't dare to eat in public during Ramadan, in Dubai .. YOU would not dare to go out without your head covered in Jeddah.
YOU would not dare to buy an employee of the telephone exchange in London at 10 pounds (Rs.650) a month to, 'see to it that my STD and ISD calls are billed to someone else.'YOU would not
 dare to speed beyond 55 mph (88 km/h) in Washington and then tell the traffic cop, 'Jaanta hai main kaun hoon (Do you know who I am?). I am so and so's son. Take your two bucks and get lost.' YOU wouldn't chuck an empty coconut shell anywhere other than the garbage pail on the beaches in Australia and New Zealand ..

Why don't YOU spit Paan on the streets of Tokyo ? Why don't YOU use examination jockeys or buy fake certificates in Boston ??? We are still talking of the same YOU. YOU who can respect and conform to a foreign system in other countries but cannot in your own. You who will throw papers and cigarettes on the road the moment you touch Indian ground. If you can be an involved and appreciative citizen in an alien country, why cannot you be the same here in India ?

In America every dog owner has to clean up after his pet has done the job. Same in Japan ..
Will the Indian citizen do that here?' He's right. We go to the polls to choose a government and after that forfeit all responsibility.

We sit back wanting to be pampered and expect the government to do everything for us whilst our contribution is totally negative. We expect the government to clean up but we are not going to stop chucking garbage all over the place nor are we going to stop to pick a up a stray piece of paper and throw it in the bin. We expect the railways to provide clean bathrooms but we are not going to learn the proper use of bathrooms.

We want Indian Airlines and Air India to provide the best of food and toiletries but we are not going to stop
 pilfering at the least opportunity.

This applies even to the staff who is known not to pass on the service to the public.

When it comes to burning social issues like those related to women, dowry, girl child! and others, we make loud drawing room protestations and continue to do the reverse at home. Our excuse? 'It's the whole system which has to change, how will it matter if I alone forego my sons' rights to a dowry.' So who's going to change the system?

What does a system consist of? Very conveniently for us it consists of our neighbours, other households, other cities, other communities and the government. But definitely not me and YOU. When it comes to us actually making a positive contribution to the system we lock ourselves
 along with our families into a safe cocoon and look into the distance at countries far away and wait for a Mr.Clean to come along & work miracles for us with a majestic sweep of his hand or we leave the country and run away.

Like lazy cowards hounded by our fears we run to
America to bask in their glory and praise their system. When New York becomes insecure we run to England . When England experiences unemployment, we take the next flight out to the Gulf. When the Gulf is war struck, we demand to be rescued and brought home by the Indian government. Everybody is out to abuse and rape the country. Nobody thinks of feeding the system. Our conscience is mortgaged to money.

Dear Indians, The article is highly thought inductive, calls
 for a great deal of introspection and pricks one's conscience too…. I am echoing J. F. Kennedy's words to his fellow Americans to relate to Indians…..

'ASK WHAT WE CAN DO FOR INDIA AND DO WHAT HAS TO BE DONE TO MAKE INDIA WHAT AMERICA AND OTHER WESTERN COUNTRIES ARE TODAY'
Lets do what India needs from us.


Dr.. 
Abdul Kalam

 

(3) Eating Fruits on an Empty Stomach

 

Mr. Firoz Poonawalla has sent the following useful piece:-

 

Eating Fruit on an Empty Stomach

 

This will open your eyes !!! Read to the end and then send it on to all on

your e-list. I did!!
=============
Dr Stephen Mak treats terminal ill cancer patients by an "un-orthodox" way
and many patients recovered. Before he used solar energy to clear the
illnesses of his patients. He believes on natural healing in the body
against illnesses. See his article below.
================================
Thanks for the email on fruits and juices. It is one of the strategies to
heal cancer. As of late, my success rate in curing cancer is about 80%.
Cancer patients shouldn't die. The cure for cancer is already found. It is
whether you believe it or not. I am sorry for the hundreds of cancer
patients who die under the conventional treatments.
Thanks and God bless.
- Dr Stephen Mak
===================
EATING FRUIT...
We all think eating fruits means just buying fruits, cutting it and just
popping it into our mouths. It's not as easy as you think. It's important to
know how and *when* to eat.
What is the correct way of eating fruits?

IT MEANS NOT EATING FRUITS AFTER YOUR MEALS!
FRUITS SHOULD BE EATEN ON AN EMPTY STOMACH


If you eat fruit like that, it will play a major role to detoxify your
system, supplying you with a great deal of energy for weight loss and other
life activities. *

FRUIT IS THE MOST IMPORTANT FOOD
Let's say you eat two slices of bread and then a slice of fruit. The slice
of fruit is ready to go straight through the stomach into the intestines,
but it is prevented from doing so.

In the meantime the whole meal rots and ferments and turns to acid. The
minute the fruit comes into contact with the food in the stomach and
digestive juices, the entire mass of food begins to spoil.....

So please eat your fruits on an *empty* *stomach* or before your meals! You
have heard people complaining - every time I eat watermelon I burp, when I
eat durian my stomach bloats up, when I eat a banana I feel like running to
the toilet, etc - actually all this will not arise if you eat the fruit on
an empty stomach. The fruit mixes with the putrefying other food and
produces gas and hence you will bloat!

Greying hair, balding, nervous outburst and dark circles under the eyes all
these will *NOT* happen if you take fruits on an empty stomach.

There is no such thing as some fruits, like orange and lemon are acidic,
because all fruits become alkaline in our body, according to Dr. Herbert
Shelton who did research on this matter. If you have mastered the correct
way of eating fruits, you have the Secret of beauty, longevity, health,
energy, happiness and normal weight. When you need to drink fruit juice -
drink only* fresh* fruit juice, NOT from the cans. Don't even drink juice
that has been heated up. Don't eat cooked fruits because you don't get the
nutrients at all. You only get to taste. Cooking destroys all the vitamins.
But eating a whole fruit is better than drinking the juice. If you should
drink the juice, drink it mouthful by mouthful slowly, because you must let
it mix with your saliva before swallowing it. You can go on a 3-day fruit
fast to cleanse your body. Just eat fruits and drink fruit juice throughout
the 3 days and you will be surprised when your friends tell you how radiant
you look! *

KIWI:
 Tiny but mighty. This is a good source of potassium, magnesium,
vitamin E & fiber. Its vitamin C content is twice that of an orange.
APPLE: An apple a day keeps the doctor away? Although an apple has a low
vitamin C content, it has antioxidants & flavonoids which enhances the
activity of vitamin C thereby helping to lower the risks of colon cancer,
heart attack & stroke.

STRAWBERRY:
 Protective Fruit. Strawberries have the highest total
antioxidant power among major fruits & protect the body from cancer-causing,
blood vessel-clogging free radicals. *

ORANGE :
 Sweetest medicine. Taking 2-4 oranges a day may help keep colds
away, lower cholesterol, prevent & dissolve kidney stones as well as lessens
the risk of colon cancer. *

WATERMELON:
 Coolest thirst quencher. Composed of 92% water, it is also
packed with a giant dose of glutathione, which helps boost our immune
system. They are also a key source of lycopene - the cancer fighting
oxidant. Other nutrients found in watermelon are vitamin C & Potassium. *

GUAVA & PAPAYA:
 Top awards for vitamin C. They are the clear winners for
their high vitamin C content.. Guava is also rich in fiber, which helps
prevent constipation. Papaya is rich in carotene; this is good for your
eyes. *
======================================
Drinking Cold water after a meal = Cancer!
* Can you believe this?? For
those who like to drink cold water, this article is applicable to you. It is
nice to have a cup of cold drink after a meal. However, the cold water will
solidify the oily stuff that you have just consumed. It will slow down the
digestion.
Once this 'sludge' reacts with the acid, it will break down and be absorbed
by the intestine faster than the solid food. It will line the intestine.
Very soon, this will turn into fats and lead to cancer. It is best to drink
hot soup or warm water after a meal.
====================================
A serious note about heart attacks.....
HEART ATTACK PROCEDURE': (THIS IS NOT A JOKE!)
Women should know that not every heart attack symptom is going to be the
left arm hurting. Be aware of intense pain in the jaw line. You may never
have the first chest pain during the course of a heart attack. Nausea and
intense sweating are also common symptoms. Sixty percent of people who have
a heart attack while they are asleep do not wake up. Pain in the jaw can
wake you from a sound sleep.
================================
Let's be careful and be aware. The more we know the better chance we could
survive.
=============================
A cardiologist says: "if everyone who gets this mail sends it to 10 people,
you can be sure that we'll save at least one life.
 
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DRT Solutions Weekly Mail – 313th Issue dated 9th May ’14

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

 

(1) Dishonour of Post Dated Cheques may not be an Offence


 

Mr Owais Nuri, one of our clients from Mumbai has sent us the following important news item which is self explanatory:-

Dishonour of post dated cheques may not be an offence!

NIDHI BOTHRA AND DEBOLINA BANERJEE | 05/05/2014 02:30 PM |    

http://www.moneylife.in/article/dishonour-of-post-dated-cheques-may-not-be-an-offence/37274.html

 

Dishonour of any post dated cheque issued as an advance payment by any purchaser cannot be considered in discharge of legally enforceable debt or any other liability and thus would not amount to an offence, the Supreme Court has ruled

In the world of lending, banks/ financial institutions insisting on taking post-dated cheques (PDCs) from borrowers as a security has been a common norm. These PDCs have been astras (weapons) in the hands of the financial institution used for arm-twisting the borrowers and also acting as a deterrent to ensure that borrowers do not default. Wherever the borrower would explicitly or implicitly give indications of not having the ability to pay, the lender would present these PDCs to the bank; and once these PDCs bounce, the legal team of the lender would jump to action to initiate a case against the borrower under section 138 of the Negotiable Instruments Act, 1881 (NI Act).

 It is one of the most common legal actions being undertaken by lenders against borrowers and as we are all aware section 138 of the NI Act is the most dreaded section with regard to dishonour of cheque, which could lead you to some months of imprisonment to the drawer of the cheque. The text of the section is mentioned below for your ready reference:

Dishonour of cheque for insufficiency, etc., of funds in the account

138. Dishonour of cheque for insufficiency, etc., of funds in the account. Where any cheque drawn by a person on an account maintained by him with a banker forpayment of any amount of money to another person from out of that account for thedischarge, in whole or in part, of any debt or other liability, is returned by the bank unpaid either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this Act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheque, or with both:

Provided that nothing contained in this section shall apply unless-

(138.a) the cheque has been, presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;

(138.b) the payee or the holder in due course. of the cheque as the case may be, makes a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer of the cheque, within fifteen days of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and

(138.c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.

Explanation.-For the purposes of this section, "debt or other liability" means a legally enforceable debt or other liability. (emphasis ours at relevant places)

So there are two things. which are most critical to fall under the section apart from the basic conditions as stated in the section above. One, that the PDC needs to be a cheque at the time of presentation and second the cheque should be for discharging debt or liability, which is a legally enforceable debt or liability. That is to say, to institute a suit under Section 138 of the Act, there should be a legally enforceable debt or other liability subsisting on the date of drawal of the cheque.

The matter whether PDCs are cheque at the time of presentation to the bank has been a contentious issue for long now. In a Supreme Court ruling of Anil Sawhney vs Gulshan Rai, the Court held that a post dated cheque is composed of two elements. At the time the post- dated cheque is drawn, it is in the nature of a bill of exchange and they assume thecharacter of a cheque from the date appearing on the cheque. The extract of the ruling explains the fact:

A "Bill of Exchange" is a negotiable instrument in writing containing an instruction to a third party to pay a stated sum of money at a designated future date or on demand. A "cheque" on the other hand is a bill of exchange drawn on a bank by the holder of an account payable on demand. Thus a "cheque" under Section 6 of the Act is also a bill of exchange but it is drawn on a banker and is payable on demand. It is thus obvious that a bill of exchange even through drawn on a banker, if it is not payable on demand, it is not a cheque. A "post- dated cheque" is only a bill of exchange when it is written or drawn, it becomes a "cheque" when it is payable on demand. The post-dated cheque is not payable till the date which is shown on the face of the said document. It will only become cheque on the date shown on it and prior to that it remains a bill of exchange under Section 5 of the Act. As a bill of exchange a post-dated cheque remains negotiable but it will not become a "cheque" till the date when it becomes "payable on demand".

The Apex Court further stated that

An offence to be made out under the substantive provisions of Section 138 of the Act it is mandatory that the cheque is presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier.... When a post-dated cheque is written or drawn it is only a bill of exchange and as such the provisions of Section 138(a) are not applicable to the said instrument.

One of the main ingredients of the offence under Section 138 of the Act is the return of the cheque by the bank unpaid….A post-dated cheque cannot be presented before the bank and as such the question of its return would not arise. It is only when the post-dated cheque becomes a "cheque", with effect from the date shown on the face of the said cheque, the provisions of Section 138 come into play.”

The ruling above made the fact clear that if a PDC was withdrawn or cancelled before the date on which it was to be presented to the bank then such cancellation of PDC would tantamount to cancellation of a Bill of exchange and not of a cheque per se.

The recent ruling of the Supreme Court in the matter of Indus Airways Pvt Ltd & Ors. vs Magnum Aviation Pvt Ltd & Anr. brought out clarity on conditions for attracting 138 action clearly stating that dishonour of any post dated cheque issued as an advancepayment by any purchaser cannot be considered in discharge of legally enforceable debt or any other liability and thus would not amount to an offence under Section 138 of theNegotiable Instruments Act, 1881.

A brief insight into the relevant facts and the judgement of the above stated case would make one clear on the captioned perspective.

Facts of the Case:

Indus Airways Pvt Ltd & Ors. (hereinafter referred to as the ‘purchaser’) placed two purchase orders on 19 February 2007 and 26 February 2007 with Magnum Aviation Pvt Ltd (hereinafter referred to as the ‘supplier’) for supply of certain aircraft parts. Two post dated cheques were issued by the purchaser in this regard. The date on the face of such two post dated cheques been 15 March 2007 and 20 March 2007. It is important to note that such post dated cheques were issued as an advance payment to the supplier as the terms of the contract stated to facilitate the supplier procure the parts from abroad. Subsequently on presentation of these cheques to the bank, they were dishonoured on the ground that the purchaser had stopped payment for the same. A cancellation letter was received by the supplier on 22 March 2007 cancelling the order and requesting the return of the cheques.

Judgement:
The Supreme Court quashed several conflicting views of the subordinate courts on the captioned subject. The important crux in this case as highlighted in the judgement was that one of the conditions of the contract entered into between the parties contended that the purchaser needed to make an advance payment to the supplier to enable him to purchase the aircraft parts from abroad. The fact that purchaser cancelled the purchase order and that the purchase order was not carried to its logical conclusion clearly meant that the cheque did not represent a debt or liability. The Apex Court placed reliance on the ruling in the matter of Swastik Coaters Pvt Ltd vs Deepak Brothers and others (1997 Cri LJ 1942 (AP)), whereby the Andhra Pradesh High Court held that

“……..Explanation to Section 138 of the Negotiable Instruments Act clearly makes it clear that the cheque shall be relateable to an enforceable liability or debt and as on the date of the issuing of the cheque there was no existing liability in the sense that the title in the property had not passed on to the accused since the goods were not delivered. ……..”

Conclusion:

The ruling will have a far reaching consequence as there are thousands of cheque bouncing cases pending in the country.

Typically in non-recourse factoring transactions since the factors have exposure on the obligors, factors commonly use section 138 route as a recovery tactic. Particularly so, the ruling may come as a respite to several borrowers/ obligors in factoring cases these days, where the factors use PDCs as a means to arm-twist the obligors and initiate section 138 action against them disregarding the fact that the debt may not be a valid and enforceable debt at all.

(Nidhi Bothra is executive vice president, while Debolina Banerjee is an associate at Vinod Kothari & Company)

 

(2) DRTs – Why Perfect & Complete Trials in Respect of SA u/s 17 of Securitization Act are Needed  

 

Despite our several weekly mails on this topic, many of our clients and their advocates still approach us seeking clarifications on the procedure in DRTs. Our views are reiterated as under:-

(a)   DRT is a court of facts. High Court is a court of law and the Supreme Court is a court of justice.

(b)   DRT as a court of facts have to determine judicially the material facts out of the controversial facts.

(c)   Material facts are those facts on which the issues are decided. The issues arise out of controversy between the parties.

(d)   The issues are two types viz Issues on Facts and Issues on Law.

(e)   In bank litigations, the facts are mainly contained in the documents.

(f)    The controversial facts are revealed from the pleadings of both the parties.

(g)   In view of above, the pleadings of both the parties need to be compared, controversial facts determined and then issues to be drawn up. Each major controversy will form one issue. The issues thus drawn up will have to be finally settled by the DRT after hearing both the parties. Each issue will have to be proved by the party on whom lies the burden of prove. The burden of proof will be on the party who alleges the relevant material fact which is denied by the opposite party. The process of proof will be based on inspection of original documents and by evidence if there is any oral presentation,  commitment or assurance etc.

(h)   In DRTs, most of the advocates are not insisting for proper trials as above. Proof affidavits are filed and case is fixed for final arguments. Until and unless there is production and inspection of material documents including the appraisal reports, viability studies, prescribed revival, rehabilitation and restructuring efforts, evidence of wrong doings committed by the bank officials, evidence of loss and damages caused due to the said wrong doings, judicial trial will not be supposed to be held. Arguments based teonly on proof affidavits will not constitute correct trial and hence the consequent judgment will not result in justice.

(i)    In respect of SA u/s 17 of the Securitization Act, the complete trial as above becomes much more important because virtually there is no Appeal to DRAT on account of minimum deposit of 25%. In such cases, the pleadings also become quite important and will not be complete without counter-claim.

 

(3) Rice is Uncrowned King of Grains

 

The following item from speakingtree.in is quite useful and is self explanatory:-

 

RICE IS THE UNCROWNED KING OF GRAINS

By: Chitranjan Sawant on Apr 20, 2014

 

http://www.speakingtree.in/public/spiritual-blogs/seekers/wellness/rice-is-the-uncrowned-king-of-grains/?utm_source=topic_newsletter&utm_medium=subscription&utm_campaign=topicnewsletter&suid=MTgxMTMz

 

ADVOCATING RICE DIET FOR HEALTH - By Brigadier Chitranjan Sawant,VSM

 

Are you over weight? Cut out on Carbos , increase protein but eat lean meal - that is the advice given by dietitians and medics. Are they right?

Opinions may differ but statistics do not. I wonder if a person from North India would appreciate that the rice eaters are overwhelmingly large in number all over the world. The wheat eaters are in appreciable numbers but reach no where near the rice eaters. Yet the advice coming from all quarters says cut out on rice.

If rice eating was that bad, half of the known world would remain sick all their lives. In India that is Bharat, but for some areas in the North and the West, just about whole of the country has a population of rice eaters.

In the Indian Army, where I spent more than three decades of my military career, the wheat or Atta eaters form a majority and it is so because troops hail from Atta eating regions of the country. It is easy to count their numbers because in the Quarter Master's muster roll there is a column that declares whether the soldiers are Atta eaters or Rice eaters. The former win hands down as far as number is concerned.

It is for the first time that I have come across an authentic study result that declares Rice-eating a healthy habit. It has gladdened my heart. Despite the fact that we sow and harvest mostly wheat, children and adolescents mostly prefer to eat rice. They are happier thereafter. As a matter of compromise, parents advise children to eat a happy mix of wheat and rice. Indeed the sweet dish is a different cup of tea.

It is hard to understand why medics in North India recommend thin roti or chapatti made of wheat flour when a patient is convalescing in the post fever period. Of course, if a patient is suffering from an acute stomach upset, incessant bout of loose motions or dysentery, he or she is advised to eat a mix of rice and moong ki daal called khichri and rice is an inseparable part of the dish. Rice carries the tag of being easily digestible. Rice causes no undue strain to the digestive system of the human body.

The troops of the Madras Regiment of the Indian Army are all rice eaters and they would be mighty happy to learn of the new researches declaring Rice as a health promoting dish. Rice forms an essential and inseparable ingredient of SAPAR or the main meal of our Thambis ( younger brother), that is the Jawans of the Madras Regiment.

It would be interesting to note that although the metropolitan city called Madras has been renamed as Chennai, the Indian Army still retains the word MADRAS for its oldest infantry outfit dating back to Lord Clive of the East India Company days. Carrying rice bags to the frontline is as important as carrying personal arm or rifle and its ammunition. After all an army marches on its stomach, said Napoleon Bonaparte and rice fills that stomach to make Thambi fighting fit.

Rice has the reputation of dividing dietary habits of the Chinese men, women and children into two –the Northern and the Southern. The Chinese living in the southern parts of China are Rice eaters whereas those in the North eat wheat, millet or maize in  different forms. Rice is not abhorred but wheat is preferred in the northern domain. How interesting, China used to have two capital cities in the Japanese-Chinese war in the middle of the twentieth century. Beijing – the northen capital and Nanjing – the southern capital. When the former capital was in danger of being overrun by the enemy forces, the government moved to the southern capital lock stock and barrel. Rice was the predominant food of troops on the move and in billets. Beijing now enjoys the undisputed status of the national capital of the People’s Republic of China but Rice has the pride of place in one form or the other.

Fried Rice and Noodles cannot ignore rice. Varieties may be different though.

The Japanese people of all walks of life are rice eaters too. Emperor downwards the entire nation comprises rice eaters. The entire region of South-East Asia has similar dietary habit and indeed a loving attitude towards Rice.

The agricultural pattern of a country is dependent on the dietary pattern of its people. In our Bharat, wheat was the king of grains in the undivided Punjab of pre-partition India. Sowing wheat, tending to saplings, irrigating it, taking pride in golden wheat was a part of the Punjabi culture and agro-economy. The canals of Montgomery and Lyallpur( now in Pakistan) were excavated and fed with water keeping the wheat crop in mind. Over a period of time Rice made heavy inroads into the kitchen. Sowing paddy became a source of bigger income. With rice becoming a cash crop like sugarcane, its sowing and harvesting brought about a change in the eating habits too. The martial Punjabis became as fond of good quality rice as the music loving Bengalis and Bihu dancing Assamese.

Thus Rice displaced Wheat from the throne and became the uncrowned king of grains from the Punjab to Assam. It need not be underlined that Rice was and continues to be the staple diet of the entire population of the South India. The populace of the western and eastern India is no different.

Let us say three cheers to the researchers who toiled day and night in various laboratories, tested their findings on many species of living beings before reaching a definitive finding that Rice is indeed health promoting for the Human Beings. As an individual I am particularly happy that Rice will now adorn my Thali for both the lunch and the dinner. Indeed Rice Pudding will no longer be abhorred by the cake and plum pudding loving high brow brown sahibs who replaced the white sahibs on the Ides of August in the year 1947.

Email:  sawantchitranjan@yahoo.com     Mobile:  9811173590.

Tags : Health

Source : Self study. Experiences of Army life

 

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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. 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 – 312th Issue dated 2nd May ’14

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

 

(1) Securitization Act Amendment of 2004 Struck Down by Gujrat High Court

 

Mr Rajesh Jain, one of our clients from Ludhiana conveyed the following useful news item. Henceforth in all the Representation & Objections u/s 13(3-A) as well as in the SA, this aspect needs to be pleaded:-

Securitization law change struck down

TNN | Apr 25, 2014, 02.24 AM IST

http://timesofindia.indiatimes.com/city/ahmedabad/Securitization-law-change-struck-down/articleshow/34170655.cms

AHMEDABAD: In an important judgment, Gujarat high court has held an amendment in securitization laws as unconstitutional and restored the Reserve Bank of India (RBI) as the regulator of banks and non-banking financial institutes across the country as far as their non-performing assets (NPA) period is concerned.

Various defaulters questioned an amendment made in November 2004 in the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002. Before this amendment in Section 2(1)(o) of the Act, the RBI was the regulator for banking, non-banking firms and securitization agencies for deciding the period after which the loans could be treated as NPAs.

Earlier, the NPA period for all such finance institutions - banks, NBFCs and other agencies - was 180 days. Later in 2004, the RBI kept the NPA period for banks at 90 days and 180 days for NBFCs. However, with the amendment in the law, the finance institutions were free to have their own regulators, and the RBI ceased to be the regulator for the purpose. With this, the NPA period was decided separately by all finance firms, which differed in each of the cases.

Aggrieved with the discrepancy, some defaulters of banks and NBFCs moved the HC questioning the reason for the difference of NPA periods among finance firms. Their counsel Vishwas and Masoom Shah contended that this difference was in violation of the right to equality as guaranteed by the Constitution. The HC upheld this argument, declared the amendment as unconstitutional with observation that the Parliament was wrong in snatching the power from the RBI to set NPA guidelines.

However, the high court turned down a prayer by the petitioners by which they questioned the guideline set by the RBI putting 90 days' NPA period for banks and 180 days for the NBFCs and other agencies.

Interestingly, Delhi high court has upheld this 2004 amendment in the securitization law.

(2) Summons to Issue also by E-mail in 138 Cases – SC prescribes Guidelines for Speedy Trial of Cheque Bouncing Cases

 

The following news item is self explanatory. It is heartening to note that the Criminal Courts in the country will also issue summons by E-mail. It presumes that the complaints and pleadings will contain the e-mail IDs of all the parties. In all DRT Cases, we are following this system past few years. All our notices to the bank officials are through e-mails,

At the end of this news item, we have given the extract of the relevant SC Judgment regarding new procedure to be followed in respect of 138 cases.

Issue Summons by E-mail as well in 138 Cases; SC issues Guidelines for Speedy and Expeditious Trial of Cheque Bouncing Cases

On April 30, 2014 by Live Law News Network

http://www.livelaw.in/issue-summons-e-mail-well-138-cases-sc-issues-guidelines-speedy-expeditious-trial-cheque-bouncing-cases/

Supreme Court in a Landmark Judgment delivered last week has issued guidelines for speedy disposal of cases under Section 138, Negotiable Instruments Act.

A two Judge Bench comprising of Justice K.S. Radhakrishnan and Justice Vikramajit Sen was dealing with a Writ Petition filed by the Indian Banks’ Association (IBA) and Punjab National Bank under of India seeking appropriate guidelines for the speedy disposal of cases under Section 138 of the Negotiable Instruments Act.

Bench disposed of the petition directing all the Criminal Courts in the country dealing with Section 138 cases to follow the procedures for speedy and expeditious disposal of cases falling under Section 138.

Guidelines are as follows,

1. Metropolitan Magistrate/Judicial Magistrate (MM/JM), on the day when the complaint under Section 138 of the Act is presented, shall scrutinize the complaint and, if the complaint is accompanied by the affidavit, and the affidavit  and  the  documents,  if  any, are  found  to  be  in  order,  take cognizance and direct issuance of summons.

2. MM/JM should adopt a pragmatic and realistic approach while issuing summons.  Summons must be properly addressed and sent by post as well as by e-mail address got from the complainant.  Court, in appropriate cases, may take the assistance of the police or the nearby Court to serve notice to the accused. For notice of appearance, a short date is fixed. If the summons is received back un-served, immediate follow up action be taken.

3. Court may indicate in the summon that if the accused makes an application for compounding of offences at the first hearing of the case and, if such an application is made, Court may pass appropriate orders at the earliest.

4. Court should direct the accused, when he appears to furnish a bail bond, to ensure his appearance during trial and ask him to take notice under Section 251 Cr.P.C. to enable him to enter his plea of defence and fix the case for defence evidence, unless an application is made by the accused under Section 145(2) for re-calling a witness for cross-examination.

5. The Court concerned must ensure  that examination-in-chief, cross- examination and re-examination of the complainant must be conducted within three months of assigning the case. The Court has option of accepting affidavits of the witnesses, instead of examining them in Court. Witnesses to the complaint and accused must be available for cross- examination as and when there is direction to this effect by the Court.

Extract from Relevant SC Judgment is give below

 

 

 

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO.18 OF 2013

 

Indian Bank Association and others … Petitioners

Versus

Union of India and others … Respondents

 

J U D G M E N T

K.S. Radhakrishnan, J.

 

- - - - - - - - - - - - - - - - - - - - - - - -

 

21. Many of the directions given by the various High Courts, in our view, are worthy of emulation by the Criminal Courts all over the country dealing with cases under Section 138 of the Negotiable Instruments Act, for which the following directions are being given :-

 

DIRECTIONS:

(1)   Metropolitan Magistrate/Judicial Magistrate (MM/JM), on the day when the complaint under Section 138 of the Act is presented, shall scrutinize the complaint and, if the complaint is accompanied by the affidavit, and the affidavit and the documents, if any, are found to be in order, take cognizance and direct issuance of summons.

(2)   MM/JM should adopt a pragmatic and realistic approach while issuing summons. Summons must be properly addressed and sent by post as well as by e-mail address got from the complainant. Court, in appropriate cases, may take the assistance of the police or the nearby Court to serve notice to the accused. For notice of appearance, a short date be fixed. If the summons is received back un-served, immediate follow up action be taken.

(3)   Court may indicate in the summon that if the accused makes an application for compounding of offences at the first hearing of the case and, if such an application is made, Court may pass appropriate orders at the earliest.

(4)   Court should direct the accused, when he appears to furnish a bail bond, to ensure his appearance during trial and ask him to take notice under Section 251Cr.P.C. to enable him to enter his plea of defence and fix the case for defence evidence, unless an application is made by the accused under Section 145(2) for re-calling a witness for cross-examination.

(5)   The Court concerned must ensure that examination-in-chief, cross examination and re-examination of the complainant must be conducted within three months of assigning the case. The Court has option of accepting affidavits of the witnesses, instead of examining them in Court. Witnesses to the complaint and accused must be available for cross examination as and when there is direction to this effect by the Court.

 

22. We, therefore, direct all the Criminal Courts in the country dealing with Section 138 cases to follow the above-mentioned procedures for speedy and expeditious disposal of cases falling under Section 138 of the Negotiable Instruments Act.

 

23. Writ Petition is, accordingly, disposed of, as above.

…..………………………J.

(K.S. Radhakrishnan)

………………………….J.

(Vikramajit Sen)

New Delhi,

April 21, 2014.

(3) Negative Emotions – How Do They Actually Harm

 

The following useful item from speakingtree.in self explanatory:-

NEGATIVE EMOTIONS... HOW DO THEY ACTUALLY HARM........ ??????

 

By: Nalini Ibajaj on Apr 24, 2014 

 

http://www.speakingtree.in/public/spiritual-blogs/seekers/science-of-spirituality/negative-emotions-how-do-they-actually-harm/?utm_source=topic_newsletter&utm_medium=subscription&utm_campaign=topicnewsletter&suid=MTgxMTMz

 

NEGATIVE EMOTIONS... HOW DO THEY ACTUALLY HARM........ ??????

 

 

Humans experience an array of emotions, anything from happiness, to sadness to extreme joy and depression. Each one of these emotions creates a different feeling within the body. After all, our body releases different chemicals when we experience various things that make us happy and each chemical works to create a different environment within the body. For example if your brain releases serotonin, dopamine or oxytocin, you will feel good and happy. Convexly, if your body releases cortisol while you are stressed, you will have an entirely different feeling associated more with the body kicking into survival mode.

What about when we are thinking negative thoughts all the time? Or how about when we are thinking positive thoughts? What about when we are not emotionally charged to neither positive nor negative? Let’s explore how these affect our body and life.

Positive vs. Negative
Is there duality in our world? Sure, you could say there is to a degree, but mostly we spend a lot of time defining and judging what is to be considered as positive and what we consider to be as negative. The brain is a very powerful tool and as we define what something is or should be, we begin to have that result play out in our world. Have you ever noticed, for example that someone driving can get cut off and lose their lid, get angry and suddenly they are feeling negative, down and in bad mood? Whereas someone else can get cut off while driving and simply apply the break slightly and move on with their day as if nothing happened. In this case, the same experience yet one sees it as negative while the other doesn’t. So are things innately positive and negative? Or do we define things as positive and negative?

Cut The Perceptions As Much As Possible
After thinking about it for a moment you might realize that there are in fact no positive or negative experiences other than what we define as such. Therefore our very perception of an experience or situation has the ultimate power as to how we will feel when it’s happening and how our bodies will be affected. While we can always work to move beyond our definitions of each experience and move into a state of 
mind/awareness/consciousness where we simply accept each experience for what it is and use it as a learning grounds for us, we may not be there yet and so it’s important to understand how certain emotions can affect our health.

“If someone wishes for good health, one must first ask oneself if he is ready to do away with the reasons for his illness. Only then is it possible to help him.” ~ Hippocrates

Mind Body Connection
The connection between your mind and body is very powerful and although it cannot be visually seen, the effects your mind can have on your physical body are profound. We can have an overall positive mental attitude and deal directly with our internal challenges and in turn create a healthy lifestyle or we can be in negative, have self destructive thoughts and not deal with our internal issues, possibly even cloak those issues with affirmations and positivity without finding the route and in turn we can create an unhealthy lifestyle. Why is this?

Our emotions and experiences are essentially energy and they can be stored in the cellular memory of our bodies. Have you ever experienced something in your life that left an emotional mark or pain in a certain area of your body? Almost as if you can still feel something that may have happened to you? It is likely because in that area of your body you still hold energy released from that experience that is remaining in that area. I came across an interesting chart that explores some possible areas that various emotions might affect the body.

emotional_pain_chart

When you have a pain, tightness or injuries in certain areas, it’s often related to something emotionally you are feeling within yourself. At first glance it may not seem this way because we are usually very out of touch with ourselves and our emotions in this fast paced world, but it’s often the truth. When I’ve had chronic pains in my back, knees, neck or shoulders, it wasn’t exercise, physio or anything in a physical sense that healed it, it was when I dealt with the emotions behind it. I know this because I spent the time and money going to physio and even though I wanted and believed I would get better, something wasn’t being addressed still. The more I addressed the unconscious thought pattern and emotions throughout my body, the more thins loosened up and pain went away.

When you get sick or are feeling a lot of tightness and pain, often times our body is asking us to observe yourself and find peace once again within yourself and your environment. It’s all a learning and growing process we don’t have to judge nor fear.

You Have The Power

Davis Suzuki wrote in ‘The Sacred Life’, ‘condensed molecules from breath exhaled from verbal expressions of anger, hatred, and jealousy, contain toxins. Accumulated over 1 hr, these toxins are enough to kill 80 guinea pigs!’ Can you now imagine the harm you are doing to your body when you stay within negative emotions or unprocessed emotional experience throughout the body?

Remember, you have all the power in you to get through anything life throws at you. Instead of labeling with perception the concepts of negative and positive as it relates to each experience you have in your life, try to see things from a big picture standpoint. Ask yourself, how can this help me to see or learn something? Can I use this to shift my perception? Clear some emotion within myself? Realize something within another and accept it? Whatever it may be, instead of simply reacting, slow things down and observe. You will find you have the tools to process emotions and illness quickly when you see them for what they are and explore why they came up. If you believe you will get sick all the time, and believe you have pain because it’s all out of your control, you will continue to have it all in an uncontrollable manner until you realize the control you have over much of what we attract within the body...

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DRT Solutions Weekly Mail – 311th Issue dated 25th April ’14

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

 

(1) DRAT Allahabad sets aside Sale of Property – Sale Notice published in News Paper which has no Sufficient Circulation in Locality

 

The DRAT Allahabad vide citation [2014(1) DRTC 363 (DRAT, Delhi)] in the matter of Anil Kumar Batla vs Allahabad Bank ruled non-compliance of Rule 8(6) of Security Interest Rules, 2002 as the Sale Notice was published in newspaper of Delhi which had no sufficient circulation in Faridabad locality as well as there were other violations and hence the sale of property on basis of such notice cannot be held to have been in accordance with the provisions of law and thus sale in favour of auction purchaser held bad in law. Impugned order as well as sale certificate issued in favour of auction purchaser set aside. The bank was directed to refund the sale consideration of Rs. 84.2 lacs to the auction purchaser along with interest @ 9% from the date of deposit until the date of payment.


 

(2) PSU Lenders Crack the Whip on Defaulters, Sell Off Assets

 

The following news item is self explanatory:-

 

 

PSU lenders crack the whip on defaulters, sell off assets


By Sangita Mehta, ET Bureau | 23 Apr, 2014, 06.48AM IST

http://economictimes.indiatimes.com/industry/banking/finance/banking/psu-lenders-crack-the-whip-on-defaulters-sell-off-assets/articleshow/34091267.cms


MUMBAI: Banks have been showing never-before urgency in getting rid of bad loans. 

They have been selling stressed assets to asset reconstruction companies (ARCs) as soon as they realise that restructuring the debt won't work, say banking sector executives. 

Banks have put at least three large corporate loans - of Electrotherm, Deccan ChronicleBSE -2.12 % and KS Oil - on the block in recent months. 

The corporate debt restructurin .. (CDR) cell, a forum of lenders and borrowers which decides on restructuring programmes, doesn't allow lenders to sell any loans when the restructuring process is ongoing. However, they can offload a loan if the CDR has failed or soon after the lender and debtor sign a master restructuring agreement. 

According to a recent report from ratings firm Moody's, high interest rates and delays in industrial projects are driving up bad loans at Indian banks. 

Gross non-performing assets - bad loans prior to making provisions - in the sector totalled more than Rs 2.43 lakh crore in 2013, up 35% from the previous year. 

Meanwhile, new regulations requiring banks to set aside more money against bad and restructured loans are putting pressure on lenders to get such assets out of their books

During the fiscal year ended on March 31, 2014, lenders sold close to Rs 50,000 crore of outstanding loans to ARCs, which buy stressed assets at deep discounts, help the creditors in restructuring operations and then collect the loans from them. The CDR cell had approved a plan to recast Gujarat-based manufacturing company Electrotherm's Rs 3,200 crore loans two months ago. Its consortium of 17 lenders led by Bank of India had asked the company to demerge its business into four independent unit -- steel, pipe, engineering and auto. But the programme failed to take off. 
Senior bank officials who did not want to be named said a large public sector bank had sold its loan to ElectrothermBSE 2.08 % to JM FinancialBSE -3.29 % ARC through an auction. Similarly, IndusInd BankBSE -0.36 % sold its Deccan Chronicle loan to Pegasus ARC as soon as the bank realised that lenders had rejected a proposal to revive it at the CDR cell.


 

(3) Five Discarded Food Parts (Which We should Eat)

 

Mr Firoz Poonawalla has sent the following useful piece:-

 

http://pro.essentialbionutrients.com/GG-39-WLR/E706Q440?email=ravimahbubani%40gmail.com&a=11&o=14666&s=14237&u=358229&l=24023&r=MC&g=0&h=true

 

Five Discarded Food Parts (That You Should be Eating)

You may be eating all the right foods to add years to your life... But you may be throwing away some of the best parts.
Outer-layers, seeds, rinds, stems... There's some serious nutrition hiding in the parts of your food that usually end up in the trash. Here are five discarded food parts that you should be eating.
1. Banana Peel: You probably toss them in the trash without a second thought. But that's a mistake. Banana peels are high in the fiber that helps 
fight off heart disease. You'll also get B-vitamins and polyphenols. But its most surprising benefit is that it may boost your mood. Banana peels are high in tryptophan. It's an amino acid that converts to serotonin—the feel-good chemical—in your brain. Eating two banana peels a day can boost your serotonin levels 15%. 
If you're going to eat banana peels, make sure they're organic. But if you just can't get used to eating them raw, you can always add them to a smoothie. If you're feeling extra adventurous, you can make homemade banana peel tea. 
2. Carrot Greens: It's not uncommon to see a horse devour a carrot whole. And they have the right idea. Carrot greens are rich in vitamins A, B6, C, and K. They're also a good source of niacin, which can help you 
fight colorectal cancer. The manganese in carrot greens will also help you keep strong bones and relieve arthritis pain.
You can add them to salads or use as a garnish in your main course. Roasting your carrots with the stem intact will give you some of the nutrition from the greens as well. If fresh carrot juice is your thing, try keeping the greens on next time you make it. It'll give you a totally different flavor and a lot of extra nutrition. 
3. Orange Peel: These bitter peels can lower your cholesterol better than prescription drugs. One study found that the polymethoxylated flavones (PMFs) in orange peels lower LDL cholesterol by 40%. That's impressive enough on its own. But d-limonene, another compound in orange peel, can cut cancer risk by 30%. Eating it with black tea helps 
slash your cancer risk by over 70%.
You won't want to eat a raw orange peel... But adding organic zest to a salad or smoothie will give your food flavor and cancer-fighting power. If you'd prefer to supplement, you can find natural d-limonene and bitter orange extract pills online. 
4. Beet Greens: Their red roots are a great way to 
lower your blood pressure. You may already be roasting or juicing them a few times a week. But their leafy greens are just as valuable. Beet greens are full of calcium and iron. Their high-fiber content helps protect against a stroke. Beet greens are also a great source of vitamin K, which can cut your diabetes risk in half
There isn't a quality supplement source for beet greens. Your best bet is to get the real thing. Gently steam and drain them like you would any other leafy green vegetable. Their texture and taste is similar to kale. But you'll also get a hint of beet flavor in each bite. Or if you're already juicing the roots, just throw the greens in too.
5. Watermelon Rind: Like the flesh, the juicy white and green rinds of watermelon contain citrulline. It helps produce the amino acid arginine. The result is relaxed blood vessels, 
optimized erectile function, and a healthier heart. But watermelon rind has 60% more citrulline than the flesh. 
A healthier heart and happier sex life will help you learn to like the taste of watermelon rind. But if watermelons aren't in season, you can get citrulline as a supplement.
They may not be glamorous...eating them may be taboo...but when you throw away these food parts, you're putting nutrients in the garbage instead of your body. Not to mention, you'll be getting your full money's worth. Give them a chance. They may even become a regular part of your diet. 

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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.

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. 

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