DRT  Legal  Solutions

(Debts Recovery Tribunal Legal Solutions) is an India based

Law Firm specializing in DRT, Securitisation, Sarfaesi, IBC, NCLT, Borrowers and Guarantors Solutions in Debts Recovery Tribunals,

Pioneers in Counter-claims and Damage Suits based on Law of Torts and Law of Damages 

Phones (India) - Mobile - +91-9691103689, Off. & Res. +91-731-4049358

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

 DRT Solutions Weekly Mail - 391st to 400th Issues

HomeContentsProducts & ServicesFrequently Asked QuestionsUseful Article-BorrowersUseful Article-GuarantorsRBI GuidelinesNotes-Law of TortsNotes-DamagesMiniArticles-Letters to EditorUseful Interactions with Clients & VisitorsSecuritisation Act-CommentsAbout Us-DRT SolutionsUseful Tips for DRT Advocates|| 138 NI Act Cheque Dishonour Cognizance Acquittal | NCLT, National Company Law Tribunal, BIFR, SICA  |  Video Interview - BS Malik, Sr. Supreme Court AdvocateLegal Forum of IndiaSuccess & Results of Our GuidanceDRT Orders in favour of Borrowers & GuarantorsNPA, Debt due, Rehabilitation of Sick SME IndustriesOur Replies to Queries  on Current DRT Matters, Court Decisions etc.Measure of damages & Calculations under Torts & ContractsVideo Interview - GC Garg, Ex-Senior Bank OfficialSolar Healing, Yoga, Projector, Rebirth etc.Swami Ramdev, Yoga Guru, Cure for All Diseases, Medical Science RevolutionCourt Technologies IT Presentation Video ArgumentsArchiveDRT Solutions Weekly Mail for Borrowers & Guarantors   All India DRT Conference 2011 at IndoreArticle by Ram Kishan on Management & Technology in Indian JudiciarySARFAESI Securitisation Securitization Actar SA NPADRT Judgments Favourable / Useful to Borrowers  DRT Solutions - Site Map for Borrowers & GuarantorsTransform India with Modi-DRT Solutions SuggestionsLaughter Yoga by Ram Kishan, IndoreDr Kataria Indore Visit - Plan, Progress & Record  Keto Diet Vegan I.F.- Personal Experience Age 79 Yrs

Weekly Mails - 1-10  11-20  21-30  31-40  41-50  51-60  61-70  71-80 81-90 91-100 101-110 111-120 121-130 131-140 141-150 151-160 161-170 171-180 181-190 191-200 201-210 211-220 221-230 231-240 241-250 251-260  261-270  271-280 281-290 291-300 301-310 311-320 321-330 331-340 341-350 351-360 361-370 371-380 381-390 391-400 401-410 411-Latest

 

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

 

 

 

DRT Solutions Weekly Mail – 400th Issue dated 5th February ’16

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


 

(1) Deposit Condition in DRTs 

Many of our new clients inform that in their DRTs, the advocates and judges are insisting for initial deposits at the time of filing of the written statement or for granting the stays. We have repeatedly informed that such conditions are illegal. The relevant facts and law are as under:-

(a)   Prior to 2004, in DRT Act 1993, there was a condition of deposit at the stage of filing of written statement but after the SC Judgement in the matter of Mardia Chemicals, the said condition of deposit was removed and the Act was amended. Hence no deposit is required to be made at the time of filing of the written statement by the borrower.

(b)   If the borrower has filed the counter-claim and if the said counter-claim is more than the claim of the bank, there is no need of submitting any stay application and hence there is no question of any deposit. 

(2) Counter-claim is a must in DRTs 

We have repeatedly informed that without counter-claim, the defence of the borrowers and guarantors in DRTs is incomplete. In almost all the cases, it is found that such counter-claim is much more than the claim of the banks and hence prima facie there is ‘No Debt Due’. Under such facts and circumstances there can not be any recovery till the said ‘No Debt Due’ condition is finally decided by the DRTs. Such decision needs proper adjudication which will take a very long time.

 

(3) DRT is a Trial Court 

We have repeatedly informed that DRT is a trial court where proper and full trial has to take place to ascertain the facts. The said facts are contained in documents which are in power and possession of the banks. Hence all the relevant documents are required to be produced, inspected and brought on record. This will itself will take long time and by this process only the wrong doings of the banks and hence the consequent counter-claim will be proved.

 

(4) Video Recording in DRTs 

We have repeatedly informed that the video recording in DRTs should be commenced. In fact as early as 2007, we demonstrated the complete process and system before the District Judge, Indore and it was appreciated by him. This was reported to the High Court and the Supreme Court but till date it has not been introduced.  Recently Mr Mathews and his team has done commendable work in this direction and the day is not far when we will have video recording in court rooms.

 

(5) The above matters are the Highlights of this 400th Issue of our Weekly Mail 

With this 400th issue of DRT Weekly mail, we are completing a history unmatched by any organization in the field of defence of the borrowers and guarantors and hence we have brought out the above important matters on this historic occasion. In this connection we have received several mails and phone calls. One of such mails is reproduced below:-

--------- Forwarded message ----------
From: Rohit tibrewal <rohit.tibrewal14@gmail.com>
Date: Wed, Feb 3, 2016 at 8:35 AM
Subject: 
To: Ram Kishan <ramkishandrt@gmail.com>

Dear Sir 

Your mails are really helpful guides. They reflect that success is hard work, dedication to the job at your hand and the determination that whether win or lose, apply the best to the task at hand. The will to win is important but the will to prepare  is vital,  your mails are really mentor, they are lights and  guides in darkness. Sir, your talent is gods gift, what you are doing is gifting back to god.

 

(6) Social Service through ‘Laughter Yoga’ being practiced in ‘Man Pasand Garden’, New Palasia, Indore.

Laughter Yoga is complete exercise for body, mind and spirit. We have prepared the World First App on ‘Laughter Yoga’. Please go to ‘Google Play Store’ and search ‘Laughter Yoga’. Download and install. Please give your rating and comments. By using this App, you may learn ‘Laughter Yoga’ at home.    

horizontal rule


 

DRT Solutions Weekly Mail – 399th Issue dated 29th January ’16

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


 

(1)      Draft Insolvency and Bankruptcy Bill 2015
 

The following news item is self explanatory:-

 

Joint Parliamentary Committee invites Comments on the Draft Insolvency and Bankruptcy Bill, 2015

Knn India

http://knnindia.co.in/economy/joint-parliamentary-committee-invites-comments-on-the-draft-insolvency-and-bankruptcy-bill,-2015/2-13566.go

 

New Delhi, Jan 27 (KNN) The long awaited Bankruptcy Code has reached the crucial stage of approval by the Parliament of India.
 
The Code prepared by the Vishwanathan Committee and approved by the Cabinet was placed before the Parliament and the House of People has decided to refer it to a Joint Parliamentary Committee.
 
By a recent notification the JPC secretariat has asked comments of the stakeholders by 10th February, 2016.
 
The draft Insolvency and Bankruptcy Code must be considered as a watershed development for ‘Easing of Doing Business’.
 
The Insolvency and Bankruptcy Bill, proposed by the Vishwanathan Committee, fulfils a long standing demand from the Industry and business for an legal environment facilitating easy exit from a non-viable venture.
 
Structured on the model of U S Bankruptcy Code, the greatest contribution of the proposed Act, if enacted, will be repelling of draconian Presidency Towns Insolvency Act, 1909 and the Provincial Insolvency Act, 1920 under which the straight path for an insolvent was prison.
 
The cornerstones of the proposed act are the transparent processing of the bankruptcy / insolvency case and stipulation of strict time frame for the entire process.
 
The draft Bill proposed a total time frame of 180 days for closure of any bankruptcy / insolvency proceeding, which in certain cases could be closed in straight 90 days.
 
The draft even proposes the maximum number of days an Bankruptcy / Insolvency Adjudication Authority may take at each stage to dispose of the matter thus overriding long pendency in judicial procedures.
.
The real paradigm shift proposed in the draft Bill is in the treatment of the Proprietary and Partnership firms, which constitutes nearly 99% of the MSME sector in India.
 
While some legal framework already exists for the Bankrupt/ Insolvent corporate entities; for the non-corporate firms any failure of the entity meant lifelong hassles for the owner(s).
 
While there are quite a few laudable initiatives under the proposed Act, there are also issues of concern particularly regarding treatment of Bankrupt/ Insolvent non corporates to which category the Indian MSMEs predominantly belong.
 
The existing Debt Recovery Tribunals (DRT) have been proposed to be the Adjudicating Authorities in relation to insolvency matters of individuals and (partnership) firms. With their present focus on expeditious adjudication and recovery of debts due to banks and financial institutions, how these institutions will be able to take a balanced view on the creditors’ and debtors’ interests, is a big question.
 
The experiences of majority MSMEs are these DRTs mostly take care of the Bankers’ interests.
 
The draft Bill also specifies the crucial role of processing the Insolvency / Bankruptcy application from an individual / firm and preparation of the ‘Repayment Plan’ to the Resolution Professional. In India today, where there is not much expertise available on Insolvency resolution and large number of Non-Performing Assets of the Banks, availability of required number of Resolution Professionals to expeditiously process the Insolvency cases will be a big question.
 
Another glaring lapse, according to the experts, in the proposed Bill is while the  archaic Bankruptcy Acts have been proposed to be repealed, the two more recent Acts, viz.,  Recovery Of Debts Due To Banks And Financial Institutions Act, 1993, popularly known as DRT ACT and   Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002, popularly known as the SARFAESI Act, have  been left intact.
 
Both these acts are at present the principal tools of the Banks, who in most cases are the predominant creditors of any entity, corporate and non- corporate, for realisation of debts and with the enactment of the proposed Insolvency and Bankruptcy Bill should become infructuous.

 

(2)      Denied Justice, Dalit wants to Give Up Indian Citizenship
 

The following news item is self explanatory:-

 

Denied justice, dalit family wants to give up Indian citizenship

Ashish Chauhan | TNN | Jan 24, 2016, 01.30 PM IST

http://timesofindia.indiatimes.com/city/ahmedabad/Denied-justice-dalit-family-wants-to-give-up-Indian-citizenship/articleshow/50704885.cms

Ahmedabad: In a shocking case of apathy , a dalit family has offered to give up their Indian citizenship because they are being deprived of their constitutional right to justice --in a case of land-grabbing by local strongmen of their Sabarkantha village. This offer comes after more than four letters from the CM, eight from the Gujarat governor, two from the DGP , four from the social welfare minister and 50 from various state secretaries, who have not yet been able to help them.

Chandu Nadiya (42), a native of Ahmedpura village of Talod taluka of Sabarkantha district, had in 2007 found that his ancestral land measuring around 30 bighas (71,340 square metres) was transferred to four people from the same village. They began a legal fight to get their land back, but they would not have imaging that this would multiply their miseries.

Nadiya had in 2011first approached the local authorities like the mamlatdar, deputy collector and the revenue department, but as no relief came, they moved to the Special Investigation Team (SIT) for land cases and the revenue tribunals. However, the SIT order went against them, stating that the case has been disposed in the Supreme Court.

When the aggrieved persons filed an RTI inquiring in such an SC order, the reply stated that the case had never reached the apex court. One SIT member wasn't even present on the day of verdict, on July 24, 2014.

 


Following this setback, the victim started approaching the state secretaries of the social welfare and revenue departments, and the authorities ordered that action be taken against those responsible and the state government employees involved in the case. Again, no actions were initiated. This led the farmer to approach the director general of police (DGP), who on June 20 directed the filing of an FIR against all the accused. However, that too remained unheard by the district authorities.

Nadiya then wrote eight let ters to Governor O P Kohli. Fed up, the dalit man sought euthanasia for him and his family including his wife, two daughters aged 12 and five respectively and his three-year-old son.Kohli also directed that stern action be taken in the case, but it did not get any response. At last, Nadiya wrote four letters to chief minister Anandiben Patel, seeking action in this case. However, the authorities have remained unmoved. Nadiya then wrote to the CM again, stating that he has become a victim of `intolerance' and offered to give up his citizenship.

 


When contacted, Nadiya said, "There is no meaning to keeping such futile documents like voters' ID card or ration card, when we are not given constitutional rights. Even the CM's orders are not followed, so there is no option left for me.So, as a final protest, my family and I can give up our citizenship."



Sabarkantha district collector P Swaroop denied the dalit family's charge as "just misrepresentation of facts." "The land was earlier belonging to them, but they had long ago sold it to other people. When the issue went to the social justice and welfare department, we gave a proper reply that the land did not belong to Nadiya.The case was decided at the mamlatdar level twice and once at the collector level," added Swaroop.

 

(3)      Our World First App on Laughter Yoga has become quite popular


 

We created World First Android App (Free) on Laughter Yoga. It has become quite popular world wide. We have designed with very small size of 3 MB only but it contains massive information of Laughter Yoga. Its particular useful for Hindi knowing public. We are flooded with demand for dubbing in English. Please visit Google Play Store and search Laughter Yoga. Download the App and install it. Please give your rating and comments. One may learn laughter yoga at home by using this App on his mobile.

 

(4)      Our Next Issue is 400th – A Memorable Journey


 

We have come a long way since 2008 and will have 400th issue next week. Perhaps it will be a new record in the history of weekly mails. Will you please offer your comments and good wishes?

horizontal rule


 

DRT Solutions Weekly Mail – 398th Issue dated 22nd January ’16

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


 

(1)      SC – SARFAESI can not override Rent Control Laws


 

The following news item is self explanatory:-

 

SARFAESI Act cannot override Rent Control Laws; Tenants cannot be evicted using provisions of SARFAESI Act: Supreme Court By: Ashok KM | January 21, 2016 

http://www.livelaw.in/sarfaesi-act-cannot-override-rent-control-laws-tenants-cannot-be-evicted-using-provisions-of-sarfaesi-act-supreme-court/ 

A tenant cannot be arbitrarily evicted by using the provisions of the SARFAESI Act as that would amount to stultifying the statutory rights of protection given to the tenant. A non obstante clause (Section 35 of the SARFAESI Act) cannot be used to bulldoze the statutory rights vested on the tenants under the Rent Control Act, the Court said.

 

In a significant ruling, Supreme Court of India has held that the provisions of the SARFAESI Act cannot override the provisions of the Rent Control Act. Apex Court Bench comprising of Justices V. Gopala Gowda and Amitava Roy, in Vishal N. Kalsaria vs. Bank of India, said that non obstante clause as in section 35 of the SARFAESI Act cannot be used to bulldoze the statutory rights vested on the tenants under the Rent Control Act.

 

Context The Appellants were the tenants occupying the property mortgaged in the Bank. Since the landlord defaulted payment of dues, the Bank proceeded under SARFAESI Act, and the Magistrate allowed the application of the bank seeking possession of the mortgaged properties which are in actual possession of the Appellant. The Appellants approached Small causes court and the court passed an interim injunction against obstructing the possession of the appellant over the suit premises during the pendency of the suit. The Appellants, as interveners, then filed an application as an intervener to stay the execution of the order of Magistrate which was refused. Relying on ‘Harshad Govardhan Sondagar v. International Assets Reconstruction Co. Ltd.’, the Magistrate held that when the secured creditor takes action under Section 13 or 14 of the SARFAESI Act to recover the possession of the secured interest and recover the loan amount by selling the same in public auction, then it is not open for the Court to grant an injunction under Section 33 of the Rent Control Act. The Magistrate also held that order passed in Rent suit cannot be said to be binding upon bank. The tenants approached Supreme Court. SARFESI Act cannot override Rent Control Laws The Apex Court held that a landlord cannot be permitted to do indirectly what he has been barred from doing under the Rent Control Act, more so when the two legislations, that is the SARFAESI Act and the Rent Control Act operate in completely different fields. Rejecting the contention of the Bank that the SARFESI Act override provisions of Rent Control Act, the Court said that if it were to be accepted, it would render the entire scheme of all Rent Control Acts operating in the country as useless and nugatory since tenants would be left wholly to the mercy of their landlords and in the fear that the landlord may use the tenanted premises as a security interest while taking a loan from a bank and subsequently default on it. A landlord would simply have to give up the tenanted premises as a security interest to the creditor banks while he is still getting rent for the same. In case of default of the loan, the maximum brunt will be borne by the unsuspecting tenant, who would be evicted from the possession of the tenanted property by the Bank under the provisions of the SARFAESI Act. Under no circumstances can this be permitted, the Bench said. Harshad Govardhan Sondagar case misinterpreted The Court also said that decision in Harshad Govardhan Sondagar case cannot be understood to have held that the provisions of the SARFAESI Act override the provisions of the Rent Control Act, and that the Banks are at liberty to evict the tenants residing in the tenanted premises which have been offered as collateral securities for loans on which default has been done by the debtor/landlord. The Court said ‘Random sentences have been picked up from the judgment and used, without any attempt to understand the true purport of the judgment in its entirety’ In Harshad Govardhan Sondagar case, the Apex Court had held that where, however, the lawful possession of the secured asset is not with the borrower, but with the lessee under a valid lease, the secured creditor cannot take over possession of the secured asset until the lawful possession of the lessee gets determined. Tenant can only be evicted under Rent Control Laws. The Court also observed that tenant can be evicted only after following the due process of law, as prescribed under the provisions of the Rent Control Act. A tenant cannot be arbitrarily evicted by using the provisions of the SARFAESI Act as that would amount to stultifying the statutory rights of protection given to the tenant, the Bench said. The Court also said that in view of the Rent Control Act, the onus to get such a deed registered is on the landlord and hence neither the landlord nor the banks can be permitted to exploit the fact of non-registration of the tenancy deed against the tenant. Section 35 SARFESI Act only extends to Laws operating in same field. A non obstante clause (Section 35 of the SARFAESI Act) cannot be used to bulldoze the statutory rights vested on the tenants under the Rent Control Act. The expression ‘any other law for the time being in force’ as appearing in Section 35 of the SARFAESI Act cannot mean to extend to each and every law enacted by the Central and State legislatures and It can only extend to the laws operating in the same field, the Court held.

(2)       Making Indian Arbitration Effective

The following news item is self explanatory:-

Making Indian arbitration effective

Amendments to the Arbitration Act could boost investors’ confidence in India

By: Alipak Banerjee and Vyapak Desai | January 15, 2016 2:15 AM

Due to certain controversial decisions made by the Indian judiciary in the last decade—especially in cases involving a foreign party—investors have kept a close watch on the development of arbitration laws in India. They have often criticised the judiciary for its interference in international commercial arbitration and extraterritorial application of domestic laws to awards obtained outside the country. Foreign investors and corporate entities considered it as a major risk factor for doing business in India. In fact, the delay in the judicial process led to the first investment arbitration claim against the country in the White Industries vs the Republic of India case, where the Republic of India was directed to pay a hefty sum by the arbitral tribunal.

In 1996, the Arbitration and Conciliation Act, 1996, was passed with the optimism that it would bring in winds of change, but fell into a chasm of its own. A number of decisions from the courts slowly but surely ensured that the preferred seat in any cross-border contract was always a heavily negotiated point and, more often than not, ended up being either Singapore, New York or London—the established global arbitration centres.

However, developments in arbitration jurisprudence through recent court decisions have now shown the support of the judiciary in enabling India to adopt international best practices. Never before has one seen so many pro-arbitration rulings by the Indian courts. From 2012 to 2015, the Supreme Court delivered various landmark rulings showing a much-needed pro-arbitration approach, such as declaring the Indian arbitration law to be seat-centric; removing Indian judiciary’s power to interfere with arbitrations seated outside the country; referring non-parties to an arbitration agreement to settle disputes through arbitration; defining the scope of public policy in foreign-seated arbitration; and determining that even fraud is arbitrable.

In furtherance to measures taken by the Indian government in support of the ‘ease of doing business’, after two aborted attempts in 2001 and 2010 to amend the arbitration law, on October 23, 2015, the President promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2015. The amendments incorporated the essence of major rulings passed in the past two decades, including most of the recommendations of the 246th Law Commission Report, and clarified the major controversies that arose in recent years.

Thereafter, on January 1, 2016, the Arbitration and Conciliation Amendment Act, 2015, was notified in the official gazette, which amended the provisions of the 1996 Act prospectively. The amendments are aimed at taking drastic and reform-oriented steps to bring the Indian arbitration law on a par with global standards and provide an effective mechanism for resolving disputes with minimal court interference. The amendments came into effect keeping in mind the objective of the Act to provide a speedy and cost-effective dispute resolution mechanism which would give finality to the parties.

In tune with arbitration-friendly jurisdictions, the amendment Act has introduced a fast-track procedure where arbitrations can be completed expeditiously. The arbitral tribunals have been given a 12-month time-line for completion of arbitrations seated in India, which can be extended by six months with the consent of the parties. This time-line is stricter than the average time taken for an arbitration in any other jurisdiction, which is usually about 18-24 months. The amendment Act has gone a step further by prescribing time-lines for expeditious disposal of arbitration applications which are required to be filed before courts, in aid of the underlying arbitration.

The amendment Act has also introduced significant changes by giving the parties the flexibility to approach Indian courts for interim relief in aid of foreign-seated arbitrations, which reverses the position rendered by the ruling in Bharat Aluminum Co vs Kaiser Aluminum Technical Service Inc on this issue. In accordance with international standards, the ‘costs follow the event’ regime has been introduced, which will help in reducing filing of frivolous claims. In addition, the tribunal’s power to grant interim protection has been made akin to the powers of the court, thereby encouraging the parties to take recourse before the arbitral tribunal. It will, in effect, reduce the burden on the court which, in any case, is suffering from a huge backlog of cases. In order to streamline the process, interim orders passed by tribunals seated in India will be deemed to be the order of court and thus enforceable.

Arbitration thrives on the principle of integrity, independence and impartiality of the arbitrators. To that effect, guidelines and detailed schedules on ineligibility of arbitrators have been introduced by the amendment Act, which is undoubtedly commendable and brings Indian law on a par with international standards.

As India was viewed as a jurisdiction which offered excessive judicial interference, the grounds on which awards arising out of international commercial arbitrations seated in the country may be challenged has been limited. In addition, contrary to the previous position, the amendment Act has mandated no more automatic stay on filing a challenge to an arbitral award in absence of a specific order from court.

The amendments are salutary with an aim to make India an attractive investment destination, but it may not be possible to adhere to all the strict standards prescribed. For example, in a complex arbitration, it may not be possible to complete the entire arbitration within 12 months and, therefore, we will see more applications being filed before the courts for extension of time. Further, by giving the amendment Act prospective effect, the amendments would not be applicable on the existing arbitrations which have commenced before October 23, 2015; it thereby reduces the immediate impact of such amendments. The appointing authority for arbitrators (i.e. in absence of party-nominated arbitrators) is still the court and any recourse to the courts adds on to their burden, which, in any event, are suffering from pendency of cases. Instead, a nationwide institution could have been established to administer and also act as appointing authority from a larger pool of practitioners who have experience in dealing with complex disputes. Independent of the amendments, there is also an urgent need to introduce a change in the mindset and culture in the way arbitrations are conducted in India to make it an efficient and effective alternate dispute resolution mechanism.

The year 2015 saw a huge rise in cross-border transactions in the country. The Competition Commission of India saw a record filing of 115 merger and acquisition cases—the highest registered in a calendar year—and even foreign direct investment went up by 40%. Therefore, the amendment Act is a step towards the right direction and will help promote ease of doing business in India, thereby boosting investor confidence.

 (3)       Eat Less, be Healthy & Live Long

The following news item is self explanatory:- 

Eat less, be healthy, live long 

Advice from the world’s oldest marathoner on eating well and living long

Fauja Singh’s face is a filigree of wrinkles and his unruly silver beard cascades down his neck, but he is still sprightly and his eyes still twinkle. The world’s oldest marathoner is here for the 2016 Standard Chartered Mumbai Marathon, which will be flagged off tomorrow morning. Singh, who was born in Beas Pind, Jalandhar, in 1911 and stays with his son Sukhinder in Ilford, near London, ran his first marathon at the age of 89. Since then, he has run the London Marathon (7 hours and 49 minutes) and completed eight other runs, including the Toronto Waterfront Marathon.

In 2004, he featured in an ad campaign for Adidas alongside David Beckham. The advertisement featuring him had the following tagline: 6:54 at age 89. 5:40 at age 92. The Kenyans better watch out for him when he hits 100. Singh retired from competitive running after completing the Hong Kong Marathon’s 10-km race. But he still walks a fair distance daily, and still remains a poster boy for amateur marathoners across the world. We spoke to him and his biographer Khushwant Singh on the sidelines of a press event in Mumbai on his diet and the bearing it has had on his fitness and longevity.

*I have always been a frugal eater. I turned vegetarian some 30 years ago, and I believe it has helped me in many ways.

*I am also not a fussy eater. I’ll eat anything but very little of it.

*If you ask me, more people in the world die of overeating than from starvation.

*You should eat as much as a child. You should stop just when you know you can eat a little more. “He says ‘hamesha ek phulke ka gap rakhna chahiye’,” says Khushwant Singh.

*I am not a greedy man, and it reflects in how and what I eat. “He always tells me,” says Khushwant, “that this thing about ‘pet bhar gayi lekin neeyat nahi bhari’ doesn’t work for him.”

*I have one roti and some dal for lunch, and the same for dinner, more or less every day.

*I have a lot of curd, soondh (dry ginger) and lentils.

*I love pinni (a traditional Punjabi sweet made of flaxseed) and mangoes. Mangoes are especially good since they help you get your bowels moving.

*I avoid milk since I believe it causes a build-up of phlegm in the body.

*I love simple Punjabi food, and often eat at the gurudwaras near our home in London.

*When I wake up each morning and take my first step, I can figure out whether what I had the night before has worked for me or not. “He listens to his body, and implements what it tells him unlike a lot of us,” says Khushwant.

*Sometimes I’ll have a milkshake at McDonalds - only half a glass — and French fries, but never more than two or three.

Since Singh landed in Mumbai yesterday evening (Friday), he has had, says Khushwant, just a glass of milk for dinner, and the same again for breakfast this morning. At the press event, he had a roti and some bhindi. “We are scheduled to go to actor Ranjeet’s place for dinner tonight but he has already told me he won’t be eating much, so maybe, a dal and roti.”

horizontal rule


 

DRT Solutions Weekly Mail – 397th Issue dated 8th January ’16

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


 

(1)      Insolvency Resolution System


 

The following news item is self explanatory:-

A robust insolvency resolution system can speed up loan recovery for banks

RADHIKA MERWIN

http://www.thehindubusinessline.com/money-and-banking/a-robust-insolvency-resolution-system-can-speed-up-loan-recovery-for-banks/article8018743.ece

BL RESEARCH BUREAU:  

Banks can now hope to recover more from their bad loans, if the Bill to consolidate and amend all laws relating to insolvency resolution is passed in the Lok Sabha. Currently, banks take as long as 15 years in certain cases to recover their money, which substantially erodes the value of the assets.

According to a World Bank report, it takes, on an average, more than four years to wind up a company in India, which is more than twice the time taken in China and in the US (1.5-1.7 years). In the process, creditors in India recover only 25 cents to a dollar, compared to 36 cents in China and a substantial 80 cents in the US.

The proposed legislation — the Insolvency and Bankruptcy Code 2015 — which fixes a time limit of 180 days, for completion of the insolvency-resolution process, can be a huge positive for the banking sector.

The main reason for the delay in the bankruptcy process in India has been the existence of multiple laws governing insolvency According to KV Karthik, Partner, Financial Advisory Services, Deloitte Touche Tohmatsu India LLP, in India, besides the Companies Act, 2013, bankruptcy is dealt with by three major legislations — the Sick Industrial Companies (SICA), the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (RDDB Act) and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI).

Different agencies

“As a result, four different agencies — High Courts, Company Law Board, the Board for Industrial and Financial Reconstruction (BIFR), and the Debt Recovery Tribunals (DRTs) — have overlapping jurisdiction. This tends to cause delays in the process. A well-drafted bankruptcy law can overcome these challenges,” he says.

A resolution time of 180 days, as proposed under the new Bankruptcy Law, should also give banks leeway to secure a significant portion of the receivables. “Most banks prefer to be secured creditors and would have disbursed loans against receivables or inventory.

By the time the recovery proceedings can be initiated by the bank, the value of these receivables/ inventories or assets tend to depreciate significantly in value, leading to poor recovery for the banks under the existing system,” says Karthik.

Under the proposed Bankruptcy Law, lenders also do not have to wait until a loan is declared as stressed or to has turned bad to trigger the process of financial and other re-structuring. “They can take action at the early stages when stress is observed, such as when a financial default occurs,” adds Kathik.

The new resolution process also involves resolution professionals who will work along with a committee of creditors, thereby giving creditors a say in the process.

The other interesting aspect is that the code allows the corporate debtor itself to initiate the insolvency-resolution process once it has defaulted on a debt.

“It is a huge benefit for the economy as a whole. It allows room for shutting down a business if things go wrong. So, an entrepreneur is given a chance to move on and lenders are also paid off,” says Jaideep Iyer, Group President - Financial Management, YES Bank.

Inefficacy of DRTs

Often  liquidating assets to pay off debt is also delayed because banks are unable to agree among themselves regarding the sale of the assets.

The new code designates the National Company Law Tribunal (NCLT) and DRT as the adjudicating authorities for corporates and individuals, respectively, for resolution of insolvency. This can help reduce conflicts between lenders.

“If there is a bankruptcy code which is properly drafted and allows both lenders and borrowers to ensure that the insolvency resolution happens in 180 days then it is a huge positive for the banking sector. That along with strategic debt restructuring and other tools will help banks reduce the stress on their balance sheets,” says Iyer. He adds that under the existing structure the resolution gets dragged on for infinity. The existing DRTs are also not effective due to lack of expertise and staffing.

(2) Procedure for Judges’ Appointments     

 

The following news item is self explanatory:-

CONSTITUTION, JUDICIARY HELP INDIAN DEMOCRACY BLOSSOM’

Saturday, 19 December 2015 | PNS | BHUBANESWAR | in Bhubaneswar

 http://www.dailypioneer.com/state-editions/constitution-judiciary-help-indian-democracy-blossom.html

Democracy has taken roots in India because of its Constitution and strong judiciary, said former judge of Orissa High Court Justice AS Naidu said on Thursday.

“India’s Constitution is one of the best in the world and its judiciary unbiased and strong. This has helped the country remain strong in spite of its diversity,” he observed at Legal Spectra- 2015, the 3rd All India Legal School Meet organised by the SOA University.

The fact that the Indian Constitution has undergone many amendments only points to the fact that the Constitution is living and not static, he said, adding that several landmark judgements of the Supreme Court have helped the country’s thought process.

Advocate General Surya Prasad Mishra and Utkal University of Culture Vice-Chancellor Prof Debendranath Jena attended the programme as guests of honour. Former OUAT Vice-Chancellor Prof DP Ray of presided.

Students representing ten law schools from across the country are participating in the four-day meet.

Justice Naidu referred to ten landmark judgements of the apex court which included the Keshavananda Bharati case, the Shahbano case and the Indira Sawhney case saying they redefined the path that India needed to pursue. Law students must be aware of such judgements, he said.

The Keshavananda Bharati judgement, he said, held that the Parliament can amend any part of the Constitution as long as it does not alter the basic structure of the Constitution. In the Shahbano case, the court awarded alimony to a Muslim woman after divorce even when the Personal Law was against it.

The other cases he referred to included the right to life case involving Maneka Gandhi, the Olga Telis case, the Union Carbide case, the Nirabati Behera case concerning custodial violence, judicial appointment case, the Visakha case and the Aruna Shanbaug case.

(3) World First Android App on Laughter Yoga     

 

It is with pleasure we announce that we have released on 01.01.16, the world first Android App on 'Laughter Yoga' Its available free on Google Play Store. Please visit the Google Play Store and search 'Laughter Yoga' Download and Install the same on your mobile or tablet. This is the world first Android App on Laughter Yoga. IARC, the global rating agency has rated this App for use by everyone. This App has been designed to promote Laughter Yoga among common public for all age group. Even experts and Laughter Loving persons may find it useful.
Kindly download the App and install it. Please visit the various pages and give your rating along with your comments. We are eager to have your overall rating, reactions and suggestions so that we may improve it further in the next version. We shall be obliged and grateful if you refer this App to your family members, relatives and friends so that we also have their ratings, reactions and suggestions.

This App has been dedicated to Dr Madan Kataria and Mrs Madhuri Kataria for their matchless work for health, happiness and peace of the human society.

 

(4) Avoiding & Treating Headaches     

 

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

Avoiding and Treating Headaches

Nearly half of the world’s population suffers from headaches each year, making it the most common “disorder” of the nervous system.1 Only about half of those affected seek medical attention, even though they may take a heavy toll on your ability to work, socialize and be productive each day.

Seven Tips to Avoid Common Headaches

Stress and other headache triggers can be especially apparent during the holidays. The National Headache Foundation suggests the following tips to avoid headaches during the holidays (and all year long):

1.    Maintain your sleep schedule. Forgoing sleep for holiday parties can worsen chronic headaches and migraines. Try to go to sleep and wake up at the same time each day.

2.    Eat according to your regular meal schedule. While skipping a meal (i.e. intermittent fasting) is beneficial for many, it can trigger a headache in some people. Stick to your regular meal schedule while you’re trying to get your headaches under control.

3.    Avoid “hangover” headaches. If you drink alcohol during the holiday season, be sure to do so only in moderation. And if you suffer from migraines, be aware that red wine is a trigger for many.

4.    Watch what you eat. Many food-related headache triggers can be found at holiday parties. This includes chocolate, processed meats, aged cheeses, MSG, aspartame, and more.

5.    Avoid fragrance triggers. Perfume, scented candles, and other odors can trigger headaches in those who are sensitive. Watch out for such fragrances while shopping, visiting friends and relatives, etc.

6.    Be aware of bright lights. For some, bright Christmas lights, especially those that flicker, may trigger a migraine. If you’ll be around such holiday decorations, consider wearing sunglasses to dampen their effects.

7.    Set aside “me” time. Taking time for yourself is essential during the holidays, when stress is typically at an all-time high.

 

Also some other remedies cover (1) exercise (2) massage, (3) herbal ,(4) a cup of black coffee etc….It is also suggested to rub juice of ginger on head carefully to cure head ache.

=================================================

U.C.DESAI - M – 09374556625

horizontal rule

DRT Solutions Weekly Mail – 396th Issue dated 18th December ’15

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


 

(1) Procedure for Judges’ Appointments     

 

The following news item is self explanatory:-

Supreme Court leaves it to Centre to draft procedure for judges’ appointments

The final order reaffirms the primacy of the CJI, and at the same time abstains from issuing directives that had to be binding also on the CJI and the four seniormost judges in the collegium.

 Written by Utkarsh Anand | New Delhi | Published:December 17, 2015 1:47 am

http://indianexpress.com/article/india/india-news-india/supreme-court-leaves-it-to-centre-to-draft-procedure-for-judges-appointments/

Exactly two months after it quashed the proposed National Judicial Appointments Commission (NJAC), the Supreme Court on Wednesday refrained from issuing any positive directive to improve the collegium system and left it to the Centre to consult the Chief Justice of India for drafting a new memorandum of procedure for judges’ appointments.

Listing out “only broad suggestions for consideration”, a constitution bench led by Justice J S Khehar agreed with Attorney General Mukul Rohatgi that preparing a memorandum of procedure for appointments in the higher judiciary fell in the executive’s domain, and the nine-judge benches had also left the task to the government.

The nine-judge benches in Second Judges and Third Judges case in the 1990s had accorded primacy to the Chief Justice of India in making judicial appointments so as to ensure independence of the judiciary while assigning to executive the bureaucratic task of drafting the memorandum of procedure in terms of its directions.

On Wednesday, the five-judge bench also clarified that there has to be “faithful implementation of the principles laid down in the Second Judges case and the Third Judges case” in case the new memorandum is drafted. It connotes that the government will have no leeway to introduce any element of surprise in the memorandum since it will have to pass the CJI’s muster, besides conforming to other principles enumerated in the 1990s rulings.

“The Government of India may finalise the existing memorandum of procedure by supplementing it in consultation with the Chief Justice of India. The Chief Justice of India will take a decision based on the unanimous view of the collegium, comprising the four seniormost puisne judges,” said the bench.

The CJI and four seniormost judges comprise the collegium, which has been persistently criticised for being opaque and lacking guidelines. While quashing by 4:1 majority constitutional amendment and the proposed NJAC, which was to replace the collegium system, the bench had embarked upon the ancillary exercise of improving the collegium as three of the five judges on the bench also criticised the existing system.

The Centre, state governments, lawyers’ bodies and petitioner lawyers such as Fali S Nariman and Anil Divan were heard by the constitution bench, which also comprised Justices J Chelameswar, Madan B Lokur, Kurian Joseph and Adarsh K Goel.

The final order reaffirms the primacy of the CJI, and at the same time abstains from issuing directives that had to be binding also on the CJI and the four seniormost judges in the collegium. Further, the bench sought to strike a balance with suggestions relating to eligibility criteria, procedural transparency, a secretariat of collegium and complaint redressal mechanism, although underlining that additional measures in the new memorandum must come “without sacrificing the confidentiality of the appointment process” and only in terms of judgments in Second Judges and Third Judges cases.

The new memorandum, the court said, may indicate certain eligibility criteria, such as minimum age of judges, and criteria for consideration along with the procedure to be made available on the website of the court concerned and on the website of the Department of Justice of the central government.

On transparency, the bench said minutes of collegium meetings along with dissenting opinion by judges on names may be recorded “while making provision for confidentiality of minutes consistent with the requirement of transparency in the system of appointment”.

For better management of the system of appointment of judges, the memorandum may provide for the establishment of a secretariat for each high court and Supreme Court and prescribe its functions, duties and responsibilities, said the court.

 

(2) Judiciary Space Issues     

 

The following news item is self explanatory:-

Stop-gap arrangements won't solve judiciary's space issues: Bombay HC

Monday, 14 December 2015 - 5:45am IST 

http://www.dnaindia.com/mumbai/report-stop-gap-arrangements-won-t-solve-judiciary-s-space-issues-bombay-hc-2155284

The High Court had recently directed the Union ministry of finance (MoF) to approach the Mumbai Port Trust (MbPT) with a proposal asking for land to accommodate the Debt Recovery Tribunal (DRT) and Debt Recovery Appellate Tribunal (DRAT). Additional Solicitor General Anil Singh and Advocate Mohamedali Chunawala, however, informed the court that MbPT has received 32 such proposals from various departments of the Maharashtra government and so the MoF proposal may not be decided on a priority basis.

The bench then said, "If the port trust has in its possession land on which some structures have been erected and constructed long time back, but presently unused and unutilised, then, the structures and the lands beneath can be handed over. Thereafter, the other ministries and departments in the central government can put up a court complex, wherein it would be possible to house the tribunals such as Debt Recovery Tribunal (DRT) and Debt Recovery Appellate Tribunal (DRAT). It is time that such lasting and permanent solution is found."

The court gave the direction while hearing a petition filed by Suraj Jadhav, who had approached the court highlighting the problems faced by the litigants after the Mumbai chairperson of DRAT proceeded on a medical leave since April and the charge was transferred to the Chennai tribunal. Only after the matter was filed in the High Court, the ministry appointed a full-time chairman for Mumbai.

Earlier, the president of the DRT bar association, Advocate Umesh Shetty, had told the court, "The DRT and DRAT are presently operating from one building in Ballard Pier. Collectively, the area used would be around 7,500 square feet. This much space is not sufficient for the functioning of the tribunal. Amenities such as water-coolers, sitting area, toilets are not available. Because of space constraints, complete digitalisation is not possible, delaying the uploading of judgements/orders."

(3) Internet Use Diseases - IUD     

 

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

INTERNET USE DISEASES :IUD

  Do you have an IUD? Internet Addiction A Mental Illness?

 Is Internet Addiction A Mental Illness Or Social Problem ??? 

Mira is just an year old; with the latest smart phones and gaming consoles available in the market, her parents devote less time to taking care of her and more time to playing video games online or socializing with friends on Facebook. There are times when Mia’s parents forget that they have a daughter who is in need of their care. They feed her only once a day; on multiple occasions they have even forgotten to feed her. One day when Mia’s mother walked into her daughter’s room, she found the little girl had died. Do you think this is just a story? If yes then maybe you ought to think again. A 3-month old child died in South Korea in 2010 when her parents, obsessed with marathon online gaming sessions, fed her only once a day leaving her to die a slow death. This incident is only one of the many negative consequences of internet addiction.

When the Bible of mental disorders – the Diagnostic and Statistical Manual of Mental Disorders or DSM-IV – decided that internet addiction needs to be designated as a serious mental illness in its May 2013 edition, a controversial debate sparked off across the globe. While researchers state the need for more research into the ways and means of accurately diagnosing internet addiction, the American Psychiatric Association is already comparing the symptoms of Internet Use Disorder (IUD) to substance abuse. Psychologists are also pushing for broadening the diagnosis of IUD to include much more than online gaming addictions.

Web addiction, indeed, affects the white matter of the brain that contains nerve fibres. Researchers have found that excessive internet use does affect the fibres impacting a person’s emotions, self-control, and decision-making abilities. As told to BBC by Dr. Henrietta Bowden-Jones, “white matter abnormalities in the orbito-frontal cortex and other truly significant brain areas are present not only in addictions where substances are involved but also in behavioral ones such as internet addiction”.

World over, kids obsessed with internet games and social media are slowly and steadily distancing themselves from the real world. Without access to their emails even for a few minutes these children experience frustration, anxiety, depression and irritability. According to psychologists, these are deemed as withdrawal symptoms; the same as those observed in substance abuse. Nearly 70 % of the kids being treated at addiction-treatment clinics in Sydney are unable to focus without their smart phones. They struggle to pry themselves away from their IPads and their tablet computers. Are these the children who will be the leaders of tomorrow? For children in South Korea, sleeping with a smart phone instead of a teddy bear is not a new phenomenon. Nearly 160,000 children between the ages of five and nine are addicted to the internet. In the race to be constantly ‘wired in’, children forget to eat lunch, ignore sports and other physical activities, forgo going to the toilet and end up being nervous and distracted when their smart devices are taken away from them. With digital and web addiction affecting nearly 2.55 million people in South Korea, medical practitioners are calling for the categorization of IUD as a mental illness and they are certainly right in doing so. With children as young as the age of 3 being addicted to the internet and technology, the inclusion of IUD in the DSM – V is justified.

Internet use needs to be monitored and the youth must learn to balance technology with other activities. When the darker side of internet addiction is exposed through display of violence, tantrums, and outrage then it becomes a serious problem; it can even be termed as a mental illness. In the last couple of years, we have been exposed to situations where the line between addiction and insanity has been blurred. In 2009, a boy in Ohio shot his mother and gravely injured his father when his parents prevented him from playing an online game because they were afraid that he was becoming obsessed with it. He was only a teenager who probably would have been sent to a juvenile home but if the same happens with an adult then he will be tried for manslaughter. If internet addiction is deemed a mental illness and there are no amendments made to the criminal justice system then it’s quite possible that the defendant will be let off on an insanity plea and may be offered a community sentence rather than a jail term. This will prove to be a serious disadvantage of including internet addiction as a mental disorder, especially in a country like the US where guns are freely available on sale in stores such as Wal-Mart. A teenager who is addicted to the internet and at the same time is charged with murder, which is actually premeditated, can plead to insanity as internet-addiction is a mental illness. This means that he could be given only a community sentence; is that fair to the murder victims?

The inclusion of internet-addiction in the DSM-V could actually be misused. To avoid this, there will need to be reforms and amendments to the existing laws of a country. Only then is it feasible to classify internet addiction as a mental illness.

Many of us use the internet, especially social media, to stay updated on current news and world stories. Often, we check our emails more than 30 times per hour. Are we all mentally ill patients? When someone tries to pry me away from Facebook or LinkedIn, I get upset but not violent. Am I suffering from a mental illness? As I was randomly searching the Internet, I came across an internet addiction test that includes some very familiar questions: How often do you find that you stay on-line longer than you intended? How often do you neglect household chores to spend more time on-line? How often do you snap, yell, or act annoyed if someone bothers you while you are on-line? I answered ‘frequently’ to these questions. Does this mean I am suffering from a mental illness called internet-use disorder? In such cases that I am sure most of us find resonance with, it becomes imperative to accurately define the conditions and symptoms of IUD.

As the debate rages on among researchers, medical practitioners, health officials and the millions of users; we need to understand that only classifying IUD as a mental illness is not enough. We need to amend laws and conduct in-depth research into the symptoms and extent of IUD. Once research shows that IUD can indeed be classified as a mental illness and laws are amended to incorporate IUD and its consequences, we must take steps to include IUD in the DSM – V. Technology and the internet is taking over our lives rapidly and we need to control them before everything is destroyed – humanity, emotions, and societal structure.

==========================================

U.C.DESAI  - M – 09374556625


 

DRT Solutions Weekly Mail – 395th Issue dated 11th December ’15

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


 

(1) Video Recording Court Proceedings

 

The following news item is self explanatory:-
CENTRE AWAITS SC NOD ON VIDEO-RECORDING COURT PROCEEDINGS 

 S Nambrath2015-11-300

http://rtn.asia/g-c/15908/centre-awaits-sc-nod-on-video-recording-court-proceedings 
The central government is awaiting feedback from the Supreme Court before expanding digitization of court proceedings by introducing audio and video recordings of proceedings.

The ministry of law and justice said that it has been getting suggestions that following the digitization of court documents, a move should be made to digitize and record entire proceedings.

At present, India follows the centuries-old custom of recording court proceedings by writing them down. A clerk types almost everything that is said in a courtroom by way of evidence.

However, with advancement in technology, it is now possible to record the proceedings, as is done in foreign countries, at virtually zero cost.

“The Government has been receiving suggestions for the implementation of audio-video recording of court proceedings. The issue has also been discussed in the meetings of Advisory Council of National Mission for Justice Delivery and Legal Reform,” the ministry of law and justice said.

However, said the ministry, the proposal has been deferred on the suggestion of the Chief Justice of India.

“In the meeting of eCommittee of the Supreme Court of India held on 8th January, 2014, Hon’ble the Chief Justice of India advised deferment of audio-video recording of court proceedings as this would require consultations with Hon’ble Judges of Supreme Court and High Courts,” it said.

Indian judges do not allow any recording devices to be brought into the court, though such restrictions have become nearly impossible to implement due to the possibility of recording using mobile phones, which are allowed.

However, no official recordings of court proceedings are allowed at present.

The policy of no-recording has also prevented the live broadcast of court cases involving subjects of national interest — such as corruption and politics — to the people.

In contrast, most of the proceedings of the Indian judiciary are accessible to the citizens via live broadcasts through dedicated channels.

Allowing the recording of court proceedings are expected to boost transparency and reduce allegations of impropriety.

In countries like the US, many states allow court proceedings to be recorded and broadcast. This has led to the emergence of channels such as Court TV, which specialize in covering interesting judicial cases.

India has a three-tier judiciary. At the lowest level is the trial courts, where evidence is introduced and evaluated.

After this, there are two levels — High Courts at the state level and the Supreme Court at the national level — where these judgments can be appealed.

While individual cases go through the three tiers, cases of public and national interest and those pertaining to governments and organizations can be filed directly in the High Courts or the Supreme Court.


 

(2) FIR Registration Must in Cognisable Offences 

The following news item is self explanatory:-

FIR Registration Must in Cognisable Offences'

By Express News Service

Published: 08th December 2015 04:39 AM

Last Updated: 08th December 2015 04:39 AM

HYDERABAD:  The Hyderabad High Court on Monday directed the DGPs of Andhra Pradesh and Telangana states to issue instructions to all the district police officers in their respective states to implement the law laid down by the Supreme Court in  registering complaints in cognisable and non-cognisable offences.

Justice P V Sanjay Kumar was passing this direction in a petition filed by V Mahindra and three others, challenging the action of the police in not registering their complaint.

The judge, in his order, said in view of the judgment of the Supreme Court in Lalita Kumari versus Government of Uttar Pradesh case, the registration of a FIR is mandatory under Section 154 CrPC, if the information discloses commission of a cognisable offence and no preliminary inquiry is permissible in such a situation. If the information received does not disclose a cognisable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether a cognisable offence is disclosed or not. The preliminary inquiry should be made time-bound and in any case it should not exceed seven days and the police authorities are bound to follow the due procedure laid down in Section 155 CrPC. In any event, the police authorities must take suitable action in the matter expeditiously.

The Supreme Court has also said that since the general diary/station diary/ daily diary is the record of all information received in a police station, all information relating to cognisable offences, whether resulting in registration of a FIR or leading to an inquiry, must be  reflected in the said dairy and the decision to conduct a preliminary inquiry must also be reflected therein.

Reiterating the Apex Court order, Justice Sanjay Kumar said that in cases where the preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week disclosing the reasons in brief for closing the complaint and not proceeding further.

While making it clear that a police officer cannot avoid his duty of registering a FIR if a cognisable offence is disclosed, the judge recalled that the Supreme Court held that action must be taken against the erring officers who do not register the FIR if information received by him discloses a cognisable offence.

The judge disposed of the case directing the DGPs of both the states to issue instructions in this regard to all the police officials in their respective states.

(3) Nature Cure using Tomato 

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

Nature Cure, Tomato curing with the nature............

Tomato is considered both vegetable and fruit but is largely accepted as vegetable. It is popular all over the world. It contains a lot of nutrients especially vitamins. It is very tasty and people like to take it in different forms such as raw, as salad, as juice, soup, sauce, ketchup, sauce, in curries, in sandwiches etc. It is great source of vitamin A, B and C. Taking 3-4 ripe tomatoes daily will give sufficient amount of vitamins required by the body. Some scientists prefer it to orange and grapes. It contains iron in quantities twice as found in eggs. It speeds up blood circulation and enriches red blood corpuscles in blood. It provides strength to heart muscles and bone. It also provides energy. It clears constipation, and activates the liver. It is digestive, diuretic, calmative and an appetizer. But persons suffering from kidney stone must not take Tomato. Taking too much of Tomato seeds may result in the formation of stones. So it is better to avoid the seeds. A person suffering from cough should also avoid taking Tomato.

1. For stomach disorder: Cut tomato into pieces, sprinkle salt and pepper and take it morning and evening for indigestion and for its role as an appetizer.


2. For constipation: Take tomato juice evenly mixed with spinach juice before retiring to bed for comfortable bowel movement.

3. For skin disorder: Tomato can be utilized in various form for different kind of skin problems:


a) Taking Tomato juice 2-3 times regularly purifies blood and cures skin diseases.


Apply pulp of Tomato on face, and leave this for an hour. Then wash it with warm water. Repeat this daily. You will have a good complexion. It will also remove ugly looking pimples in a short time.


c) Tomato lotion: Add few drops of lemon juice in 1 teaspoon of Tomato juice. Apply on face and remove after 15 minutes. It is very effective for shrinking enlarged pores.

 


d) Tomato tonic: Add 4 teaspoons of butter milk to 2 teaspoons of Tomato juice. Apply it and remove it after half an hour. It is excellent in removing sunburns.

4. Bleeding gums: For strengthening gums and to stop gum bleeding, take tomato juice regularly.
5. For mouth blister: Gargle morning and evening with Tomato juice to get rid of blister on lips, tongue and mouth.

6. For eye troubles: Cut tomato into pieces. Mix it with curd and take it with your meal. it will improve your eye sight.

7. For worms: Taking tomato sprinkled with rock salt destroys worms of stomach.

FROM U.C.DESAI (M) 09374556625


 

DRT Solutions Weekly Mail – 394th Issue dated 5th December ’15

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


 

(1) New SC Chief Justice      

 

The following news item is self explanatory:-
What you must know about new CJI Justice Tirath Singh Thakur

http://www.merinews.com/article/what-you-must-know-about-new-cji-justice-tirath-singh-thakur/15911669.shtml 

Senior-most Supreme Court judge Justice Tirath Singh Thakur was today sworn in as 43rd Chief Justice of India by the President Pranab Mukherjee in Rashtrapati Bhavan. The 63-year old Justice Thakur took oath in the presence of Prime Minister Narendra Modi, NDA ministers, opposition leaders and former Chief Justices. Justice Thakur's mother Saraswati Thakur and other family members were also present at the function along with Attorney General Mukul Rohatgi.

Justice T.S. Thakur's appointment as the highest-ranking judge in the Supreme Court of India, is a clear sign that seniority reigns in the highest judiciary. Justice Thakur took over the charge from Justice H L Dattu who retired yesterday. It was former CJI Dattu who had recommended the name of Justice Thakur as his successor.

CJI holds the highest judicial position in the country as well as presiding in the Supreme Court. He/She also heads its administrative functions.

Though there is no specific provision to appoint CJI, it is a convention that the current CJI recommends a name to the government as his successor. Subsequently, it is the Law Ministry that clears his name and then the file travels to the Prime Minister's Office. Finally, it reaches to the President and he gets appointed after the President gives his nod.

Let's take a brief look at Justice Thakur's personal background, his life and experience!  

Justice T S Thakur is the son of D.D. Thakur who was an eminent advocate in Jammu and Kashmir High Court. D.D. Thakur later became the judge in HC and then the Union Minister. Born at Batroo in Ramban district on January 4, 1952, Justice Thakur started his legal practice in his father's chamber in the Valley state. He was a quick learner and went on to represent as Pleader in many cases. Justice Thakur plays badminton regularly to de-stress himself.

In 1990, Thakur was appointed as a senior advocate and invited to the Bench as an additional judge of the J&K High Court. Before being designated as acting Chief Justice of Delhi HC in 2008, Thakur served as judge in HCs of Karnataka and Delhi. At the time of his rise to the Supreme Court in Nov 2009, Thakur was serving as the Chief Justice of the Punjab and HaryanaHigh Court. Notably, Justice Thakur would have a year-long tenure as CJI before he retires in Jan 2017.

Justice Thakur is known for his patience, elaborated and fair hearings of cases. Famed for taking measures to clean the cricket administration, Thakur handled the Indian Premier League spot-fixing and betting case. His bench ordered to constitute a Supreme Court committee headed by Justice RM Lodha to make the world's affluent Cricket body BCCI, transparent and accountable.

While handling the case of Saradha chit fund scam, his bench ordered a CBI investigation in the case. It brought much shame to the Mamata Banerjee administration in West Bengal. Thakur is also hearing bail applications of the accused in the multi-crore National Rural Health Mission (NRHM) scam.

Moreover, Justice Thakur also leads the bench hearing Sahara-SEBI clash. It is making Sahara Group to return Rs. 36,000 crore back to investors allegedly duped for money.

Justice Thakur is famous for his meaty observations. It was him only who reminded BJP administration of its pre-election promise to clean River Ganga. Taking a dig at the government he had once said that, "It would probably take them (government) another 200 years to do the job."

(2) Banks worried over Recovery of Bad Debts      

 

The following news item is self explanatory:-
 

Recovery of bad debt worries banks

Sidhartha, TNN | Nov 30, 2015, 02.53AM IST

NEW DELHI: Almost 15 years ago, Daewoo filed for bankruptcy and a few years later General Motors took over its auto business. More than a decade later, while the Chevrolet Spark, which replaced the Korean chaebol's Matiz, can still be spotted on the road, its Indian plant lies in a shambles. Asset Reconstruction Company (India), or Arcil, which used to spend around Rs 5 crore for maintaining the facility near Noida, is still dealing with legal cases as a plan to sell it didn't materialize. 

Over a thousand kilometres away in Jharkhand, lenders are trying to get the local administration and the state government to protect their interests in loans they had extended to a Rs 5,000-crore power plant, which remains under construction and has even hit equipment vendor Bhel that has a Rs 800-crore exposure. With no support from the state, locals and unpaid vendors are taking away pipes and other material from the under-construction facility. 

While there has been a slowdown in fresh accretion to the pile of bad debt of banks, which added up to Rs 3.14 lakh crore at the end of September, recoveries have dwindled, exaggerating the pressure.
 A document prepared for a recent meeting of bank chiefs with finance minister Arun Jaitley had noted that "the situation requires special focus in banks like Bank of India, IDBI, Indian Overseas Bank, Bank of Maharashtra, UCO Bank, and United Bank of India". At least two lenders — BoI and IOB — have reported losses, while Dena Bank is just sitting on the edge. 
 


Over the years, thanks to persuasion by the Reserve Bank of India and the finance ministry, banks have become more transparent about recognizing non-performing assets. But there has been little improvement when it comes to recovery, bankers admit. "The economic environment is poor and companies are over-leveraged. So, even if we want to sell an asset, we are not getting buyers or the right price," said a senior executive. 

But the bigger issue is the challenge posed by defaulters, who approach multiple legal forums to delay the process of banks initiating action. No one illustrates it better than Vijay Mallya and the defunct Kingfisher Airlines, which approached several courts to avoid getting the "wilful defaulter" tag. Mallya is not the only one indulging in "forum shopping". "It is for the courts to recognize that. If someone is using the legal options to delay the process, we can't do much — courts need to take that into account," said a senior government official. 

There is a problem with the infrastructure at the debt recovery tribunals too, something that thefinance ministry is trying to fix. In fact, sources said, it is looking if the adjournments are too frequent and why people are unwilling to join. 

While minister of state for finance Jayant Sinha had told TOI that a fund is being planned to deal with impaired assets that can be revived, asset reconstruction companies believe that the legal framework too needs to be strengthened, and they have not been consulted on this.

(3) Tricking Body into Feeling Better      

 

The following news item is self explanatory:-

How to Trick Your Body into Feeling Better
There are quite a few irritating and annoying sensations your body experiences during the day, the kind that most of us would love to know how to get rid of. How does one deal with an itchy throat? How do you make a burn go away? And generally, how can you get rid of various pains? This list will teach you how to treat all of these issues with relative ease.

1. Itchy Throat? Scratch Your Ear
An itchy throat is a nuisance, and one that is difficult to get rid of unless you know this trick. When the inside of your throat feels itchy, it’s virtually impossible to scratch, and in many cases, a loud cough is not socially acceptable. Luckily, the throat and ears are part of the same system, and according to Dr. Schaffer, head otolaryngologist in Advocare, NJ, when you stimulate the nerves in the ear, you create a reflexive reaction in the throat, causing it to contract, relieving the itch.

2. The Right Ear Processes Speech More Effectively
Researchers from UCLA Medical School found that the right ear can process the faster rhythm of speech better than the left one. The left ear, on the other hand, is much more efficient at processing music. If you want to hear someone speaking in a crowd, try turning your right ear towards them. If you’re attempting to listen to a song or melody, use your left ear.
3. Mind Over Bladder
According to Dr. Larry Lipshultz, head of urology in the Baylor College of Medicine, if a man feels the need to urinate but doesn’t have the opportunity – he can think about sex. By keeping your mind on sexual thoughts, you distract your body from the need to urinate, since the two cannot co-exist. It is important to remember that holding your bodily functions for too long is unhealthy and even dangerous, so be sure to relieve yourself as soon as possible.
4. Coughing is a Painkiller
Pain is the body’s way of warning us about damage to the body, but sometimes this warning is more of a distraction than helpful. Surprisingly, it’s very easy to overcome – researchers from Germany discovered that when patients were asked to cough while being injected, they felt no pain. The reason is that once you cough, your body increases the pressure in your chest and spine. This pressure blocks pain signals from moving up the spine, effectively working as a painkiller.

5. Use Your Tongue to Ease Congestion
You can find plenty of decongestants at your local pharmacy, but there’s an easy, natural way to do that, which requires nothing special from you. What you need to do is alternate between using your tongue to push up against the roof of your mouth and applying pressure between your eyebrows using your finger. This action “shakes” the nasal bone, releasing the congestion within 20 seconds.
6. Sleep on Your Left Side to Prevent Acid Reflux
Dr. Anthony Strippoli, a gastroenterologist from Florida, says that several studies have shown that by sleeping on your side you reduce the liness of suffering from heartburn. The esophagus and stomach are connected at a particular angle. If you lie on your right side, your stomach is positioned higher than your esophagus, making it easy for stomach acids to travel between them and causing heartburn. If you lie down on your left side, however, the stomach now rests below the esophagus, which will prevent stomach acids from escaping.
7. Rub Ice on Your Hand to Relieve a Toothache
A Canadian study discovered an interesting phenomenon: When you rub ice on the back of your hand, on the area that connects the thumb and the forefinger, you can reduce the intensity of toothaches by up to 50%. The nerves in that part of the hand stimulate a part of the brain that blocks pain signals coming from the face and hands.
8. Make Burn Blisters Vanish
We’re taught to put ice on burns to reduce their intensity, but the truth is that lukewarm temperatures work better. If you’ve gotten burned, clean the affected area and apply light pressure to the spot with the pads of your fingers, and run it under lukewarm water. While ice will numb the pain, returning the area to the normal temperature will prevent swelling and blistering.

9. Stop “The Spins” When You’re Drunk/Hungover
We keep our balance thanks to the Cupula – which is located in our ear, suspended in a liquid and with the same density as blood. When you drink too much alcohol, it dilutes the blood in the cupula, making it lighter than the liquid it is in, which in turn makes it float. This unnatural behavior confuses the brain and causes a loss of balance. To stop this from happening, you need to provide the brain with a “second opinion” – place both hands on a stable, horizontal surface. This will give your brain another of stability to rely on, thanks to the sensitive nerves in your hands.
10. Prevent “Stitches” When You Run
Most people have experienced the feeling of “stitches” while running – a sharp, intense pain in your side, which makes it hard to breath. This often occurs because we exhale when our right foot hits the ground, which puts pressure on the liver. The pressure on the liver causes it to “pull” on the diaphragm, making it very difficult to breath. To prevent this from happening, make sure you exhale when your left foot hits the ground.

 11. Safely Stop a Nosebleed
If you get a nosebleed, most people would tell you to tilt your head back and apply pressure to your nose. While this method seems logical, it actually is quite dangerous, especially for children. When we tilt our head back, the blood flows down and may enter the respiratory system, which can cause suffocation and even death. A less-known, but far safer method, is to apply pressure with your thumb and forefinger on both sides of your nose, where the bone ends. Alternatively, you can place a piece of cotton wool on the inside of your upper lip, right in the center of the gums.
12. Slow Your Pulse Through Breathing
Whenever you get over-excited, and you feel your heart is about to burst out of your chest, you can slow it down with a simple breathing technique. The nerve in charge of your heart rate is the Vagus Nerve, which can be controlled by rhythmic breathing. All you need to do is place the tips of your thumbs on your lips, and breathe through them (to slow down your breathing).
13. Quickly Stop a “Brain Freeze.”
If you enjoy a frozen treat from time to time, you’ve probably experienced the irritating pain of “brain freeze”. When first you eat something frozen, you shock the nerves in your mouth, which confuses your brain into thinking it’s freezing. To compensate, your body heats up instantly, causing the intense pain. To relieve this sensation, push your tongue against the roof of your mouth, making sure to cover as much space as possible. The more pressure you apply, the faster the pain will dissipate.
14. Improve Your Eyesight
In many cases, nearsightedness is the result of strain on the eye muscles, which is a result of the discrepancy between our natural field of vision and the demands of modern life. In other words, staring at screens too closely can lead to the eye muscles stiffening, making it harder to see objects that are further away.
Since we can’t directly control our eye muscles, we can relax them by using a roundabout technique. By relaxing other muscle groups in your body, you can trigger a relaxation of the eye muscles. Close your eyes, take a deep breath and hold it in for a few seconds. When you exhale, loosen the muscles in your body. Another way to do this is by flexing and releasing your arm muscles or even your buttocks.

15. Last Longer Under Water
When we dive, it’s not the lack of oxygen that makes us desperate for air. Instead, it’s the accumulation of CO2 in our blood. To extend the time it takes the CO2 to accumulate in your blood, you need to practice controlled hyperventilation. This is done by inhaling and exhaling quickly multiple times, before taking that last, big breath. The rush of oxygen to the blood reduces the levels of CO2 and tricks the brain into thinking that the blood is oxygenated enough, and there’s no need to panic.

16. Quickly Stop “Pins Needles.”
If you’re suffering from the achy feeling of pins and needles in one of your limbs, you can make that feeling go away in a simple manner. If the feeling is in your arms, tilt your head from side to side several times and the tingling sensation will dissipate within 60 seconds. That is because the tingling sensation often occurs due to tension in the nerve endings located in the neck. By relaxing the neck muscles, you ease the strain on those nerve endings. If your legs “fall asleep”, on the other hand - get up and walk.
17. Improve Your Short-Term Memory
Professor Candi Heimgartner of the biology department at the University of Idaho explains that memory processes that occur during sleep are the most effective, so anything you learn before bedtime will be registered better in the long term. This means that if you have a test or a presentationtomorrow, study the main points before you go to sleep.

========================================================

FROM U.C.Desai

 

(4) New Guinness World Record for India in the field of Laughter Yoga    

 

We feel proud to bring honor to India and Indore by establishing a new Guinness World Record in the field of Laughter Yoga on 28.11.15 at Indore. We have posted 5 videos and 517 photos on facebook in our pages – Ram Kishan, Man Pasand LY Club and Indore Laughter Yoga Clubs. On account of such achievements, our club has become now No 1 in the world. Our club is only one year old. On 19.04.15, it became No 1 in Indore and on 28.11.15, it has become No 1 in the world as announced by Dr Madan Kataria in Indore on 29.11.15.

DRT Solutions Weekly Mail – 393rd Issue dated 20th November ’15

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


 

(1) SC asks UP to Pay Compensation of Rs 10 lakh to an Officer      

 

The following news item is self explanatory:-

Supreme Court asks UP to pay forest officer Rs 10 lakh

Bhadra Sinha, Hindustan Times, New Delhi  Updated: Nov 18, 2015 12:29 IST

 

http://www.hindustantimes.com/india/supreme-court-asks-up-to-pay-forest-officer-rs-10-lakh/story-8ng4Ex2bkDR2bbygaxBGzI.html

 

The Supreme Court has ordered the Uttar Pradesh government to pay Rs 10 lakh to a retired Indian Forest Service officer after being falsely implicated in a corruption case. The officer fought a legal battle for 10 years after a case was allegedly registered because he refused to comply with the instructions of the then chief minister in 2003.

Though the top court does not entertain petitions filed directly before it seeking compensation, it did so in this case after noting that the circumstances were very peculiar. A bench headed by justice Ranjan Gogoi said it was necessary to protect an honest public servant not only in his interest but in the larger interest of the society. Ram Lakhan Singh, the court held, should be compensated for the harassment and mental agony he underwent during the protracted battle.

“Some upright officers resist corruption but they cannot alone change the system which victimizes them through frequent punitive transfers, threat to their families and fabricating, foisting false cases,” the bench noted.

“In such a scenario, until and unless we maintain a fine balance between prosecuting a guilty officer and protecting an innocent officer from vexatious, frivolous and mala fide prosecution, it would be very difficult for the public servant to discharge his duties in free and fair manner. The efficiency of a public servant demands that he should be free to perform his official duties fearlessly and without any favour,” stated the court, adding there was a dire necessity is to fill in the existing gap by protecting the honest officers while making the corrupt officers realize that they are not above law.


 

(2) TS Thakur appointed as Chief Justice of India    

 

The following news item is self explanatory:-

Last Modified: Thu, Nov 19 2015. 02 45 AM IST

TS Thakur appointed 43rd Chief Justice of India

http://www.livemint.com/Politics/DKxYOwneVhZ6zL7n7hCyNM/Justice-TS-Thakur-appointed-chief-justice-of-India.html

Thakur will take over from incumbent Chief Justice HL Dattu on 3 December; he has been a judge of the apex court since November 2009

New Delhi: Justice T.S. Thakur has been appointed the 43rd Chief Justice of the Supreme Court of India, an official statement said on Wednesday.

Thakur will take over from incumbent Chief Justice H.L. Dattu on 3 December. He has been a judge of the apex court since November 2009.

Thakur was head of the bench that delivered the popular verdict on the controversies surrounding the Indian Premier League and initiated administrative reforms within the Board of Control for Cricket in India.

He has also been hearing cases such as those on Sahara chief Subrata Roy’s custody, the probe into the Saradha chit fund scam, the National Rural Health Mission scam in Uttar Pradesh, and the legality of allowing broadband licence holder Reliance Jio Infocomm Ltd to offer voice services.

Thakur recently headed the two-judge bench, which refused to entertain a plea filed against a Bombay high court order staying the decision to ban sale of meat in Mumbai during a Jain festival.

Thakur will now head the next collegium of the Supreme Court with numerous reforms being suggested to the process of making judicial appointments.

Attorney General of India Mukul Rohatgi, who was asked to draft a new memorandum of procedure for appointment of apex court and high court judges on Wednesday, said he would furnish the same within 15 days.

There are, at present, four vacancies of the Supreme Court that will have to be decided by the collegium after Dattu’s retirement. Under the collegium system, a group of five seniormost Supreme Court judges appoints other judges to the higher judiciary—the high courts and the Supreme Court. Articles 124 and 217 of the Constitution stipulate that judges will be appointed by the President of India after “consultation” with the Chief Justice of India and other judges.

On 5 November, a five-judge bench of Supreme Court headed by Justice J.S Khehar clarified that there is no bar on the collegium appointing judges to the top court. This bench recently declared the Constitution (Ninety-ninth Amendment) Act, 2014, and National Judicial Appointments Commission (NJAC) Act, 2014, unconstitutional.

The NJAC was to replace the collegium system of appointment of judges, with the selection being made by a panel consisting of the Chief Justice, two seniormost judges of the apex court, the law minister and two eminent persons to be appointed by a select committee of the prime minister, Chief Justice and the leader of the opposition.

Born 4 January 1952, Thakur will have tenure as Chief Justice of a little over a year and retire on 3 January 2017. Thakur was designated as a senior advocate in 1990. On 16 February 1994, he was appointed as an additional judge of the Jammu and Kashmir high court and transferred as a judge of Karnataka high court in March 1994. He was appointed as a permanent judge in September 1995 and transferred to the Delhi high court in July 2004.

Thakur was appointed acting chief justice of the Delhi high court on 9 April 2008 and on 11 August that year, he took over as chief justice of the Punjab and Haryana high court.

Thakur is currently the only judge to use a microphone during proceedings of the Supreme Court and is also the executive chairperson of National Legal Services Authority, which provides free legal services to the poor.

Senior advocate Prashant Bhushan welcomed Thakur’s appointment. “He has always been a quiet, unassuming and judicious judge, and I expect his tenure to be a fruitful one.”

(3) Grand Event in Indore on 28th November, Saturday, 8 AM, Gandhi Hall Area – World Famous Laughter Yoga Guru Dr Kataria to conduct Largest Laughter Yoga Class    

 

On 28th November ’15, Saturday, 8 AM, Dr Madan Kataria, World Famous Laughter Yoga Guru will conduct ‘Largest Laughter Yoga Class’ creating a new world record. This important event in the history of the country and Indore has been organized by Man Pasand Laughter Yoga Club with Daily Dawang Dunia as the media partner. All Indorians are cordially invited with their family and friends. Please popularize this news in your whatsapp group, through e-mails, through facebook and through word of mouth. We are planning to create such world record which will not be easy to break in future. With such world record, Indore will be known as ‘City of Laughter Yoga’ We shall be highly thankful to you for not only participating in this grand event but spreading this news in your circle as much as possible.

horizontal rule

DRT Solutions Weekly Mail – 392nd Issue dated 13th November ’15

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


 

(1) Liberalism in India    

 

The following news item is self explanatory:-

Liberalism in India

NOVEMBER 12, 2015

HTTP://WWW.NITICENTRAL.COM/2015/11/12/LIBERALISM-IN-INDIA-336473.HTML

The origin of Liberalism in India has its moorings in the Western and Continental liberal philosophers, and contributed to the rise in nationalism against the British domination. Over a period of time, the liberal movement in India evolved, with the emergence of inter-dependence of economic development and political stability.

Post-independence, liberal ideas have contributed to India’s constitutional and political development, protecting values such as freedom of expression, democracy, human rights and secularism to name a few.

An article discussing classical liberal ideas and their proponents in India over the last century has been documented which highlights the evolution of liberalism in India, right from its inception to its modern day manifestation.

P. Manish, Assistant Professor of Economics in the Sorrell College of Business, Shruti Rajagopalan, Assistant Professor of Economics at Purchase College, State University of New York, Daniel Sutter, Professor of Economics at Troy University, and Lawrence H. White Professor of Economics at George Mason University have contributed to the article.

Intellectual currents before 1947:

In the 19th century India, prominent intellectuals like were influenced by British and Continental liberals. The liberals who supported individual rights and freedom founded the Indian National Congress Party in 1885. But with the passing of time and also of liberal leaders, the Indian National Congress lost its liberal character, replaced by the new generation of Congress leaders with socialist ideologies, the most important of them being Jawahar Lal Nehru.

“Whereas the liberal Whig philosophy of the 18th century profoundly influenced the founding and set the early course of an independent United States, the democratic-socialist philosophy of the late 19th century profoundly influenced the founding and set the early course of an independent India.”

A Congress Socialist Party, headed by Nehru and made up of socialists and planning enthusiasts was formed in 1934 which organised a National Planning Commission in 1938, to determine the role state planning could play in the growth of the nation.

The liberal critics of planning (1950-1975):

At a time when intellectuals and politicians in India and in the world believed that centralised resource allotment was the way to ensure growth and development, a broader movement opposed to planning in the civil society emerged, backed by liberals such as economist B. R. Shenoy, C. Rajagopalachari, Minoo Masani, Khasa Subba Rao, A. D. Shroff, and Nani Palkhivala.

Rajagopalachari, who was the Governor General of India from 1948- 1950, had labelled Nehruvian socialism as a “permit–quota– license raj,” a new kind of oppression following on the heels of the British Raj. He formed the Swatantra (“Freedom”) Party in 1959 to provide opposition to Congress. Its founders formulated 21 principles emphasizing a goal of protecting individual liberty and limiting government. Rajagopalachari also founded the Swarajya -an English language weekly magazine in 1956, to discuss current economic and social policy in the context of individual freedom and economic liberty.

The Constitution of India was frequently amended during 1950–1978, the peak era of socialism, to accommodate policies to salvage the Five Year Plans. As a senior advocate in the Indian Supreme Court, Nani Palkhivala argued some of the most important cases affecting the constitution and the rule of law in India, who also described this amendment process as the systematic defiling and defacing of the Indian Constitution.

Liberals abroad oppose statism in India:

From 1975 and the Emergency, the years under Indira Gandhi were characterised by the almost complete disappearance of liberal ideas within India. However, opposition to statism in India came from figures at institutions abroad.

Jagdish Bhagwati, an economist, experienced an “intellectual conversion” around 1962 in favour of free trade and against the protectionist policy and the associated ‘permit–quota–license raj. Bhagwati co-authored books with his wife Padma Desai and T. N. Srinivasan criticising the central planning system and licensing regime. He moved to MIT in 1968 and later to Columbia, and Srinivasan relocated to Yale in 1980 but continued to push for liberalising reforms. Extending their critique, Arvind Panagariya- an Indian-American economist and Professor of Economics at Columbia University in his influential book India: The Emerging Giant, lays out a roadmap for reforms in different sectors of the economy.

Re-emergence of a liberal movement in 1991:

India witnessed a revival of the liberal movement in 1991, especially in the English-language business press and in policy circles. Parth J Shah, an Austrian school economist, and head of the Center for Civil Society (CCS) a liberal think tank in New Delhi is considered as one of the key figures in this revival.

CCS conducts outreach programs for students and advocacy to promote greater individual choice. It has also made commendable efforts to rekindle public interest in the Indian classical liberal tradition by making the works in this domain publicly available on IndianLiberals.in.

The works of Gurcharan Das and Sauvik Chakraverti have also added due weightage to the criticisms of statism in India and its undesirable consequences on the economy.

Explaining the deficiency of liberalism in the Indian academy:

To address the paucity of liberalism in the Indian academy, the authors have mentioned:

“Throughout the era of central planning as well as during the years of economic reform the liberal philosophy had a very minimal presence in the halls of Indian academia. Almost all the academics who hailed from India and were influenced by liberal ideas have pursued their careers and their research in universities abroad. This section seeks to outline a possible explanation for this dearth of liberal academics in India.”

Also for the sole aim of professional growth, economic theories supporting the government’s policies were advocated for by the economists. The profession itself was being indirectly influenced due to increasing government dominance over public universities and higher education institutions.

(2) Need to Create New SC Benches    

 

The following news item is self explanatory:-

Time to Examine the Need to Create New SC Benches

By B Vinod Kumar

Published: 11th November 2015 06:00 AM

Last Updated: 11th November 2015 03:18 AM

http://www.newindianexpress.com/columns/Time-to-Examine-the-Need-to-Create-New-SC-Benches/2015/11/11/article3123192.ece

A long-pending debate has finally begun on reforming the Indian judiciary. This is the right time to re-examine one suggestion that has been repeatedly made but has not garnered the attention it deserves. This is the recommendation that new benches of the Supreme Court be created —  made by the Parliamentary Standing Committee on Home Affairs in its 56th, 61st and 72nd reports, the Committee on Law and Justice in its 2nd, 6th, 15th 20th, 26th and 28th reports and the Law Commission in its 95th, 125th and 229th reports. They have asked for the creation of three new “Cassation benches” of the Supreme Court which would be in the North-Eastern, Western and Southern regions of the country.

These could handle civil and criminal appeals arising out of the orders/judgments of the High Courts and the main bench in New Delhi could focus solely on constitutional matters. This way the workload would be better divided and case disposal rates would increase. The biggest argument in favour of this reform is the tremendous relief it would bring to the citizens of the country. Currently, one has to travel all the way to New Delhi, incurring huge expenditure on conveyance, lodging and work days lost. Then, there is the general practice of bringing along one’s own lawyer, who has handled the case in the High Court, to the Supreme Court which further increases the cost. Adjournments are common and they add to the overall expense.

During the Telangana agitation, several cases were filed in the Supreme Court and mobilising funds for them was a herculean task as their legal expenditure ran into lakhs of rupees.

The burden on the common citizen due to this inefficient system is too well-known to elaborate and having benches in the four corners of the country would bring tremendous relief to the citizens who could access justice closer to home. For this reason, the demand has been persistently raised. It is, therefore, highly unfortunate that the Full Court of the Supreme Court has persistently opposed this reform through resolutions passed in 1999, 2001, 2004 and 2006. The most recent opposition was in 2010 when a Full Court of 27 judges, headed by former Chief Justice KG Balakrishnan, passed a resolution that reiterated the position that dividing the Court would undermine the country’s unitary character and would destabilise the Court’s integrity. This is an assertion and not an argument. The Full Court has never explained to the government how such a move would undermine the country’s unitary character or destabilise the Supreme Court. Further, such a ‘unitary character’ does not exist as India is a federation. As per Article 1 of the Constitution, India is a Union of States.

This elementary fact seems to have been lost on the Court. It also flies in the face of its own basic structure doctrine, which regards federalism as part of the basic structure of the Indian Constitution. It is also misleading to say that dividing the Court would destabilise it. It is like saying that dividing the country into more states would destabilise its integrity.

As experience has shown, creating new states such as Telangana, Uttarakhand, Mizoram, etc have actually helped in addressing legitimate issues and have made the country stronger and more united. Similarly, creating new benches of the Supreme Court, far from ‘destabilising’ it, will actually enable it to perform its duties more efficiently, bring it closer to the common citizen and increase its overall legitimacy.

Implementing this reform only requires the support of the Chief Justice of India. As per Article 130 of the Constitution, “The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.” However, despite the best attempts of the government to persuade it otherwise, the Supreme Court has remained resolutely opposed to this vital reform.

This is truly unfortunate as the Court has chosen to ignore the daily hardships of millions and in the name of vague and sentimental principles obdurately enforced the status quo. This leaves the government with only one choice — amending Article 130.

The government must bring in amendments, which take away this power from the Chief Justice and give it to the President alone. This is also the recommendation of the Law Commission. However, this will be a long-drawn process as it will require special majorities in both Houses and ratification by the state legislatures. The outcome will be humiliating for the Supreme Court and it could well be remembered as an institution that resisted reforms and required external intervention for change.

Thus, the simpler way out which is also face-saving for everyone is if the Court recognises the need for creating new benches and agrees to do so. The Supreme Court like all institutions under the Indian Constitution is a dynamic and living entity and must adapt to the needs of the times to stay relevant.  It is with this foresight that the framers of the Constitution drafted Article 130 that gave the Chief Justice of India the power to create new benches beyond the national capital. Let us hope the judiciary honours their wisdom and lets prudence prevail.

(3) Grand Event in Indore on 28th November, Saturday, 8 AM, Gandhi Hall Area – World Famous Laughter Yoga Guru Dr Kataria to conduct Largest Laughter Yoga Class    

 

On 28th November ’15, Saturday, 8 AM, Dr Madan Kataria, World Famous Laughter Yoga Guru will conduct ‘Largest Laughter Yoga Class’ creating a new world record. This important event in the history of Indore has been organized by Man Pasand Laughter Yoga Club with Daily Dawang Dunia has the media partner. All Indorians are cordially invited with their family and friends. Please popularize this news in your whatsapp group, through e-mails, through facebook and through word of mouth. We are planning to create such world record which will not be easy to break in future. With such world record, Indore will be known as ‘City of Laughter Yoga’ We shall be highly thankful to you for not only participating in this grand event but spreading this news in your circle as much as possible.

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

Weekly Mails 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.

horizontal rule

DRT Solutions Weekly Mail – 391st Issue dated 6th November ’15

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


 

(1) Bankruptcy Panel calls for Insolvency Regulator    

 

The following news item is self explanatory:-


 

Bankruptcy panel calls for insolvency regulator

http://indianexpress.com/article/business/business-others/bankruptcy-panel-calls-for-insolvency-regulator/

A government-appointed committee has suggested setting up an insolvency regulator to exercise regulatory oversight over insolvency professionals and agencies in a bid to ensure speedier winding up of insolvent companies and providing easier exit route to investors.

The Bankruptcy Law Reforms Committee (BLRC), headed by TK Vishwanathan, in its report has also recommended, for the first time, bankruptcy and insolvency processes for individuals with annual gross income of less than Rs 60,000 and aggregate assets of not more than Rs 20,000. They can apply for a discharge from their debts which are liquidated and unsecured up to Rs 35,000.

The proposed Bankruptcy Code will replace over a century old archaic insolvency act — The Presidency Towns Insolvency Act, 1909 — and ensure time-bound disposal of insolvency application.

“The Bill seeks to improve the handling of conflicts between creditors and debtors, avoid destruction of value, distinguish malfeasance vis-a-vis business failure and clearly allocate losses in macroeconomic downturns. The Bill lays down a clear, coherent and speedy process for early identification of financial distress and revival of the companies and limited liability entities if the underlying business is found to be viable,” an official statement said. According to the draft, a timeline of 180 days has been prescribed for dealing with applications for insolvency resolution which can be extended for 90 days by the adjudicating authority, though only in exceptional cases. The draft Bill also provides for a fast track insolvency resolution process which may be applicable to certain categories of entities. In such a case, the insolvency resolution process has to be completed within a period of 90 days from the trigger date. However, on request from the resolution professional, based on the resolution passed by the committee of creditors, a one-time extension of 45 days can be granted by the adjudicating authority. According to World Bank, creditors in India recover 25.7 cents on the dollar in 4.3 years compared to 2.6 years in South Asia where one can recover 31.8 cents a dollar while in the US, 80.4 cents a dollar in 1.5 years, due to absence of clear bankruptcy guidelines. Earlier, the government had though enacted the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Sarfaesi) Act to ensure that banks get a preference over other stakeholders in settling of dues, India lacks an effective over-arching mechanism to ensure quick winding up of businesses and compensation to other stakeholders. According to the Presidency Towns Insolvency Act, an individual can face charges for non-payment of as little as Rs 500. “The adjudicating authority will have the jurisdiction to hear and dispose of cases by or against the debtor. The Debt Recovery Tribunal shall be the adjudicating authority with jurisdiction over individuals and unlimited liability partnership firms. The National Company Law Tribunal will have jurisdiction over companies, limited liability entities,” according to the draft. The resolution professional will investigate and prepare a final list of all qualifying debts within 180 days from the date of application after which the adjudicating authority will pass an order on discharging of the debtor from the qualifying debts and accord an opportunity to the debtor to start afresh, financially.


 

(2) Supreme Court Burdens    

 

The following news item is self explanatory:-
 

M J Antony: Burdens the Supreme Court must shed

The power of judicial review is being stretched to breaking point

M J Antony November 3, 2015 Last Updated at 21:48 IST

 

The Supreme Court of India is said to be the most powerful court in the democratic world. It showed in recent weeks that it could strike down a Constitution Amendment ratified by 20 states, and 'legislate' to devise a collegium system not found in the Constitution. On inviting suggestions to refurbish the collegium, Union Minister Arun Jaitley's jibe was that the court was acting as the constituent assembly.

Despite 65,000 cases in arrears, the court has enough adrenaline to consider issues such as ban on Sardarji jokes on websites, polygamy among Muslims and creating a safe corridor for wild elephants crossing rail lines. However, a visit to the court or reading its judgements would make one wonder whether it is a constitutional court at all. The long-winded arguments droning on in the 14 courtrooms are mostly over civil disputes of distant past involving land, revenue, disciplinary proceedings against employees, interpretation of wills and other mundane subjects, which should have ended in courts below.

In some recent judgements, the court itself has observed that there should be some end to disputes over facts and it should not be dragged to the constitutional court. Last month, it stated in the judgement, Ram Bahal vs deputy director of Consolidation, that "appreciation or re-appreciation of evidence must come to a halt at some stage of the judicial proceedings and cannot percolate to the constitutional court, exercising jurisdiction under Article 136 of the Constitution."

This provision of the Constitution allows any losing party to approach the Supreme Court even without the mandatory certificate from the court that delivered the judgement. The apex court has discretion to reject such
 special leave petitions (SLP) at the threshold, but in fact scores of them are admitted in a normal week. This, despite the court itself having emphasised in several judgements that this discretionary power should be used only in exceptional cases when a question of a law of public importance is involved or the judgement appealed against shocks the conscience of the court.

The number of appeals entering the court through this gateway has exceeded by far the writ petition route. So much so that in another recent judgement, Leela Rajagopal vs Kamala Menon Cocharan, the court reminded itself that the jurisdiction under Article 136 is "highly circumscribed" and its use should be "highly economic". The first court might have determined the facts through evidence and examination of witnesses. The high court might have re-examined the evidence on record. Therefore, it is not for the Supreme Court to go through the facts "unless they give rise to questions of law that require a serious debate or discloses wholly unacceptable conclusions of fact, which plainly demonstrate a travesty of justice."

However, these precepts are not followed in practice. For instance, the list before the chief justice on Monday contained 72 cases, of which 48 were SLPs and 15 appeals. Only one writ petition was listed. The Ram Bahal case mentioned earlier started in 1974 and related to three plots of land in a village. Another recent judgement, Sant Ram vs Dhan Kaur, was an application for clarification of a 2009 order, involving a 1966 sale of 96 sq yards where a 14'/9' room was built illegally. In a tax appeal by the revenue authorities, the court found that the amount involved was so small that it was not worth even hearing, though the
 SLP was admitted long ago. These are only specimens; there are rows of them.

Public interest petitions (PIL), though they hog the headlines, take very little time of the court. Only a dozen out of more than a thousand cases heard in a week are PILs. Moreover, PILs benefit millions of people, who cannot approach the court directly.

The really undesirable outgrowth of the Constitution is the proliferation of SLPs, which are admitted and dumped in the record rooms till another generation of judges take them up. It might be true that the quality of judgements of the lower courts leaves much to be desired. But there should be some finality somewhere. Repeated review of disputed facts for decades benefits few except the second generation of original petitioners and lawyers. Or 3G.

 

(3) Birth Day Celebration of Man Pasand Laughter Yoga Club, Indore, India    

 

On 1st November, we celebrated the first Birth Day of our Laughter Club at Man Pasand Park, New Palasia Indore with lot of fun, fanfare and Masti. Full report on facebook with a video. Visit page ‘Man Pasand LY Club’

horizontal rule

    

DRT Legal Solutions

 

Attorneys at Law of Torts, Injury and IPR Claims

HomeContentsProducts & ServicesFrequently Asked QuestionsUseful Article-BorrowersUseful Article-GuarantorsRBI GuidelinesNotes-Law of TortsNotes-DamagesMiniArticles-Letters to EditorUseful Interactions with Clients & VisitorsSecuritisation Act-CommentsAbout Us-DRT SolutionsUseful Tips for DRT Advocates|| 138 NI Act Cheque Dishonour Cognizance Acquittal | NCLT, National Company Law Tribunal, BIFR, SICA  |  Video Interview - BS Malik, Sr. Supreme Court AdvocateLegal Forum of IndiaSuccess & Results of Our GuidanceDRT Orders in favour of Borrowers & GuarantorsNPA, Debt due, Rehabilitation of Sick SME IndustriesOur Replies to Queries  on Current DRT Matters, Court Decisions etc.Measure of damages & Calculations under Torts & ContractsVideo Interview - GC Garg, Ex-Senior Bank OfficialSolar Healing, Yoga, Projector, Rebirth etc.Swami Ramdev, Yoga Guru, Cure for All Diseases, Medical Science RevolutionCourt Technologies IT Presentation Video ArgumentsArchiveDRT Solutions Weekly Mail for Borrowers & Guarantors   All India DRT Conference 2011 at IndoreArticle by Ram Kishan on Management & Technology in Indian JudiciarySARFAESI Securitisation Securitization Actar SA NPADRT Judgments Favourable / Useful to Borrowers

 

Contact Information :- Phones (India):- Mobile- +91-969-1103689, Off. & Res. +91-731-4049358,

E-mail - ramkishandrt@gmail.com and ramkishan@drtsolutions.com

Popularity of our web site :- The key word for search of our website is 'drt'  or any phrase commencing with 'drt'  We are on the top in Google Search for 'drt' among 28,60,000 results globally. In most of the search engines like yahoo, msn, google, excite, altavista, mamma, alexa etc., To verify, you may visit www.yahoo.com, www.msn.com, www.rediff.com, www.indiatimes.com, www.altavista.com, www.google.com, www.excite.com, www.hotbot.com, www.123india.com, www.aol.com, etc. Our reference appears in www.economictimes.com, www.amazon.comwww.financialexpress.com, www.lawcrawler.com, www.findlaw.com, www.law.com, www.supremecourtofindia.com, www.supremecourtonline.com

(2) We have created a separate web site www.usindolegal.com which deals exclusively with our US joint venture enterprise for activities like BPO, legal BPO, DRT etc. This site has started appearing in the search results of Google, Mamma, Alexa and Yahoo.

Application of Law of Torts in claiming Damages from Municipal Corporations for demolition of structures, closure of shops etc:- In many parts of the country, the Municipal Corporations are demolishing structures like shops and houses which existed for number of years. The shops existing for number of years are proposed to be shut down. The affected persons should claim Damages under the Law of Torts, which would be substantial. It is learnt that in Delhi itself about 5 lac shops are to be closed down and about 25 lac persons would be out of jobs. All these persons should file damage suits in the civil court. Since the damages would be substantial, the suits may be filed as Indigent Persons. Since the damages would attract interest, the usual delay by the civil courts will not affect the final outcome. The affected shop owners may discuss the details with us on phone.

Our Articles for Borrowers and Guarantors:- Our articles on DRT matters have been published in the Financial Express. The All India Manufacturers Organisation in its famous web site www.aimoindia.org has reproduced copies of our four articles. These original articles can be searched in the archive of the Financial Express in its web site www.financialexpress.com Two of these articles have been reproduced in other pages of this web site. 

Useful link www.WorldVideoBusiness.com :- WorldVideoBusiness-WVB® is a business to business e-marketplace source of international trade leads, and tender opportunities from companies and government organizations around the globe.

About Us in Brief :-  (1) We specialize in DRT (Debt Recovery Tribunal) and NCLT (National Company Law Tribunal) matters. As a whole you may approach us for all DRT Problems and Solutions as well as matters connected with ARCIL i.e. Asset Reconstruction Company (India) Limited,  We have a Joint Venture with an America based law firm for various activities like BPO, legal BPO and DRT. The details of the said American firm and the joint venture may be seen at the page - Our US Joint Venture with Anand Ahuja Associates or in www.usindolegal.com (2) For your all problems including those in DRT, please phone us or send e-mail. Please give your contact details along with your problems in brief. As a whole you may approach us for all DRT Problems and Solutions.  (2) With our Legal Opinion, you need not worry about the Securitisation Act or other DRT matters or NCLT. Please visit the page Products & Services and Frequently Asked Questions (3) On account of our expertise in the Law of Torts and Banking and experience past 15 years, we can help you to submit suitable defence with winning strategy in DRT cases, Securitisation Act, Guarantors' defence etc.  (4) We need only copies of all available documents  to render our expert 'Legal Opinion' which will be quite useful and valuable to you particularly in DRT i.e. Debt recovery Tribunal. (5) We have also handled assignments for preparation of damage claims against Electricity Boards, Insurance Companies, Municipal Corporations etc. all on the basis of the Law of Torts.  (6) The DRT counterclaims is to be prepared well in advance so that it could be raised at proper time in DRT or other forum to safeguard the securities and assets. (7) Several DRT counterclaims drafted by us are being handled by different advocates at DRT Mumbai, DRT Delhi, DRT Jabalpur etc. Thus DRT advocates are available in these cities. Cases in other Debt Recovery Tribunals are under process. (8) This site is updated monthly mostly on every first Monday of the month or for urgent release on any day with latest material. (9) For further details about us, please visit the page About Us-DRT Solutions As a whole you may approach us for all DRT Problems and Solutions. We hail from the place to which Maharishi Mahesh Yogi and Acharya Rajnish belong and hence this site is dedicated to them.

Our this web site is dedicated to Yoga Rishi Baba Ramdev Ji Maharaj:- Our this web site is respectfully dedicated to Yoga Rishi Baba Ramdev Ji Maharaj whose method of Pranayam has cured even incurable diseases and thus has revolutionized modern medical science. For further details please visit our special page by clicking here Baba Ramdev Ji Maharaj, Yoga Guru, Cure for All Diseases, Medical Science Revolution

Site also dedicated to:-   (1) Swami Ramdevji, Acharya Balkishan and their Guru Pradumn Maharaj.

                                             (2) H.H. Maharishi Mahesh Yogi and Acharya Rajnish, the greatest gurus of all time www.maharishi.com, www.osho.com

                                           (3) Shri Hira Ratan Manek (HRM) for his pioneering work on Solar healing vide his web site www.solarhealing.com and forum at www.lifemysteries.com                                    

We regularly practice TM and SCI of Maharishi Mahesh Yogi. We also regularly practice Hath Yoga including Pranayam based on Baba Ramdev Ji  Maharaj. We daily watch his global TV program on Astha Channel from 05:30 AM to 8AM and 8PM to 9PM Indian Standards Time. On Sanskar channel, we daily view the discourse of Pradumn Maharaj from 4 AM to 5:30 AM. Many chronic diseases such as Cancer, Parkinsons' disease, Polio, Asthma, Hypertension, diabetes etc. have been cured by the said method of Pranayam which can be learnt even by watching his program on TV. Since 30th March '06, we have started practicing Sun Gazing as prescribed by HRM.

                                    (3) Shri Satyanarayan Morya alias 'Babaji' for his praiseworthy service to our nation. Please visit his site www.artistbaba.com 

Disclaimer:- We have no branch or setup other than at Indore. It is observed that some persons are using name of our firm as well as name of our web site. We have not given  any such authority to anyone to do so. Under such facts and circumstances, if anybody suffers any loss, we shall not be responsible. If such instance comes to notice of someone, we may kindly be informed.

Last Modified:- Please see the top of the Home Page

Copyright © 2001-2021 - DRT Legal Solutions, India. All rights reserved.