Month: October 2022

Cheque and its kinds

In legal terms, cheque is a negotiable instrument. “Negotiable” means transferable. A cheque given in the name of one person can be transferred to the ownership of another person, by merely putting a signature on the backside of the cheque. The second owner can also transfer it to a third person, by putting his signature below the signature of the first owner. This process is called “Negotiation” and the instrument is called “Negotiable Instrument”. A cheque is a negotiable instrument which is supplied by a banker to the customer who opens a savings or current account in a bank.

Definition of a cheque

According to Section 6 of the Negotiable Instruments Act, 1881, “a cheque is a bill of exchange, drawn on a specified banker and not expressed to be payable, otherwise than on demand”.
From the above definition; we come to know that,
 A cheque is always drawn upon a banker
 It is always payable on demand
Another definition of a Cheque
“Cheque is an instrument in writing containing an unconditional order, addressed to a banker, signed by the person who has deposited money with the banker, requiring him to pay on demand a certain sum of money only to or to the order of certain person or to the bearer of instrument.”

ESSENTIAL ELEMENTS / CHARACTERISTICS OF CHEQUE

Essential characteristics of a cheque
If we take a close look at the definition of a cheque, it becomes clear that a cheque has the following 10 essential elements or characteristics.

It must be in writing: A cheque must be in writing. An oral order to pay does not constitute a cheque.
It should be drawn on a banker: It is always drawn on a specified banker. A cheque can be drawn on a bank where the drawer has an account (saving bank or current account).
It contains an unconditional order to pay: A cheque cannot be drawn so as to be payable conditionally. The drawer’s order to the drawee bank must be unconditional and should not make the cheque payable dependent on a contingency. A conditional cheque shall be invalid. (Example: Pay only if presented by Ram in person) This is conditional. So the cheque become not valid for payment, though presented properly.
The cheque must have an order to pay a certain sum: The cheque should contain an order to pay a certain sum of money only. If a cheque is drawn to do something in addition to, or other than to pay money, it cannot be a cheque. For example, if a cheque contains ‘Pay USD 500 and a TV worth USD 500 to A’ it is not a cheque.
It should be signed by the drawer and should be dated: A cheque does not carry any validity unless signed by the original drawer. It should be dated as well.
It is payable on demand: A cheque is always payable on demand.
Validity: A cheque is normally valid for three months from the date it bears. Thereafter it is termed as stale cheque. A post-dated cheque will not be valid. In both cases, the validity of the cheque is presumed to commence from the date mentioned on it.
It may be payable to the drawer himself: Cheques may be payable to the drawer himself/herself. It may be drawn payable to bearer on demand unlike a bill or a pronote.
Banker is liable only to the drawer: The banker on whom the cheque is drawn shall be liable only to the drawer. A holder or bearer has no remedy against the banker if a cheque is dishonoured.
It does not require acceptance and stamp: Unlike a bill of exchange, a cheque does not require acceptance on part of the drawee. There is, however, a custom among banks to mark cheques as ‘good’ for the purpose of clearance. But this marking is not an acceptance. Similarly no revenue stamp is required to be affixed on cheques.

A Cheque payment involves three parties:

 The drawer of the cheque – Bank Account Holder
 Drawee of the cheque – on whom the cheque is drawn. It is the bank branch which has issued the cheque book. That bank branch, ultimately pays the cheque.
 Payee of the cheque /
Beneficiary of the cheque – The person to whom the amount of cheque is paid.

Form of the Cheque:

A cheque can take the form of an order written on an ordinary piece of paper. But generally the banks will supply printed cheque forms to the customer while opening the account and the customers as a rule must use only the printed cheque forms supplied only as that rule, if the order is made on piece of paper the bank will refuse payment.
Issue of Cheque: A cheque is said to be issued when the drawer parts it to another person. The issue of cheque is very important because the drawer is not liable on a cheque until he has issued it. Even if drawer is induced by fraud, it is deemed to be duly issued.
Dating of Cheque: A cheque is not invalid simply because it is not dated. But dating of a cheque is essential to find whether it is stale cheque or not. A stale cheque is one which is not presented for payment before three months from the date of issue of cheque.
Drawing of a Cheque
If the drawer makes the cheque properly and if the balance of the drawer at the bank permits, the bank must pay the amount of cheque as soon as it is presented. If the drawer does not make the cheque properly, the bank rejects payment. Hence, to make the cheque properly,
the following points or rules must be considered.

Date: Date should be mentioned on the cheque properly. If the cheque is more than three months old or contains future date then the bank will not pay the amount.
Name of the Payee: The name of the payee should be mentioned on the cheque.
Amount of the Cheque: The amount of the cheque should be mentioned both in words and figures clearly. The amount written in the word should tally with the amount written in figures.
Signature: The drawer should sign the cheque properly. The signature given on the cheque should tally with the signature given on the signature specification card. The signature specification card is kept by the bank.
Account Number: The drawer should mention his account number clearly and correctly.
Minimum Balance: The amount mentioned on the cheque should not be more than the amount deposited in the bank. Beside it, a certain amount of minimum balance should always be there in the account as per the rule of the bank.
Overwriting: There should not be any overwriting in the cheque.
Condition of the Cheque: Cheque should be in proper condition. If the cheque is torn, wet and spotted, it will not be acceptable to the bank.
Endorsement: The ordered and crossed cheques should be transferred by proper endorsement and delivery. Otherwise, the amount of cheque will not be paid by the bank.

Kinds of Cheque:

Bearer Cheque:

Bearer cheques are the cheques which are used to withdraw money by the cheque’s owner. These types of cheques normally used for a cash transaction.

Order Cheque

Order cheque are the cheques which are withdrawn for the payee (the cheque withdrawn for another person). Before paying the amount to that payee, banks cross check the identity of the payee.

Crossed Cheque

Crossed cheques are cheques which bear, two parallel line made on the left top part of the cheques. Then that cheques formed to crossed cheques. In this type of cheques, payment is not made in cash while the payment of that type of cheque transferred to the payee’s account or to the person’s account recommended by the holder of the cheque.

Account Payee Cheque

When two parallel lines along with a crossing made on the cheque and the word ‘Account Payee’ written between these lines, then that types of cheques are called account payee cheque. The payment of the account payee cheque should be made to the person, firm or company on whose name the cheque was issued.

Company Crossed Cheque

When two parallel lines along with a cross made on the cheque and the word ‘Company’ written between these lines, then that types of cheques are called company crossed cheques. Normally crossed cheque and company crossed cheque are same.

Stale Cheque

If any cheque issued by a holder does not get withdrawn from the bank till three months, then that type of cheques are called stale cheque.

Post Dated Cheque

If any cheque issued by a holder to the payee given with a later date, then that type of cheques are called post-dated cheque.

Anti-Dated Cheque

If a cheque contains a date, prior to the date of presentation it is called Ante-Dated cheque Banker will honour this cheque till the completion of 3 months from the date of the cheque.

Trademark Act 1999

A trade mark (popularly known as brand name in layman’s language) is a visual symbol which may be a word to indicate the source of the goods, a signature, name, device, label, numerals, or combination of colours used, or services, or other articles of commerce to distinguish it from other similar goods or services originating from another. It is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise. A trade mark provides protection to the owner of the mark by ensuring the exclusive right to use it or to authorize another to use the same in return for payment. The period of protection varies, but a trade mark can be renewed indefinitely beyond the time limit on payment of additional fees. Trade mark protection is enforced by the courts, which in most systems have the authority to block trade mark infringement.

The salient features of the Trade Marks Act, 1999

(a) Providing for registration of trade mark for services, in addition to goods.

(b) Amplification of definition of trade mark to include registration of shape of goods, packaging and combination of colours.

(d) Recognition of the concept of “well-known trade marks”.

(e) Increasing the period of registration and renewal of trade marks from 7 to 10 years, to bring it in conformity with the accepted international practice.

(f) Widening the scope of infringement of trade marks. For instance, use of a registered trade mark as trade name or as a part of a trade name or use of a mark which is identical or deceptively similar to a registered trade mark.

(g) Creation of an “Intellectual property Appellate Board” for hearing appeals against orders and decisions of the Registrar of Trade Marks for speedy disposal of cases and rectification applications which hitherto lie before High Courts.

(h) Criminal remedies in case of falsification of trade marks.

(i) Recognition of use of trade mark by even an unregistered licensee.

(j) Expeditious examination of a trade mark application on payment of five times the application fee.

Objective of the Act:

The object of trade mark law has been explained by the Supreme Court in Dau Dayal v. State of Utttar Pradesh AIR 1959 SC 433, in the following words:“The object of trade mark law is to protect the rights of persons who manufacture and sell goods with distinct trade marks against invasion by other persons passing off their goods fraudulently and with counterfeit trade marks as those of the manufacturers. Normally, the remedy for such infringement will be by action in Civil Courts.

Kinds of Trade marks

Product Mark

Product mark is a mark that is used on a good or on a product rather than on a service. This this type of trademark is used to recognize the origin of the product and helps in maintaining the reputation of a business. Trademark applications filed under trademark class 1-34 could be termed as a product mark, as they represent goods.

Service Mark

Service mark is similar to the product mark but a service mark is used to represent a service rather than a product. The main purpose of the service mark is that it distinguishes its proprietors from the owners of other services. Trademark applications filed under trademark class 35-45 could be termed as a service mark, as they represent services.

Collective Mark

Collective mark is used to inform the public about certain distinguished features of a product or service used to represent a collective. A group of individuals can use this mark so that they are collectively protecting a goods or service.

In a collective mark, normally the standards of the products are fixed by the regulator owing the mark. Others associated with the collective are held responsible to adhere to certain standards while using the mark in the course of business.

Certification Mark

Certification mark is a sign that denotes a products origin, material, quality or other specific details which are issued by the proprietor. The main purpose of certification mark is to bring out the standard of the product and guarantee the product to the customers. A certification mark can also be used to uplift the product’s standard amongst the customers by showing that the product had undergone standard tests to ensure quality. Certification marks are usually seen on packed foods, toys and electronics.

Shape Mark

Shape Mark is exclusively used to protect the shape of the product so that the customers find it relatable to a certain manufacturer and prefer to buy the product. The shape of a particular product can be registered once it is recognized to have a noteworthy shape. An example of a shape is the Coca-Cola bottle or Fanta bottle, which have a distinctive shape identifiable with the brand.

Pattern Mark

Pattern marks are those products that have specific designed patterns that come out as the distinguishing factor of the product. Patterns which fail to stand out as a remarkable mark is generally rejected since it does not serve any purpose. For a pattern to be registered, it has to show evidence of its uniqueness.

Sound Mark

Sound mark is a sound that can be associated with a product or service originating from a certain supplier. To be able to register a sound mark, when people hear the sound, they easily identify that service or product or a shows that the sound represents. Sound logos are called as audio mnemonic and is most likely to appear at the beginning or end of a commercial. The most popular sound mark in India is the tune for IPL.

The distinction between a trade mark and a property mark has been stated by the Supreme Court in the case of Sumat Prasad Jain v. Sheojanam Prasad and Ors., AIR 1972 SC 413. The Apex Court held: “…Thus, the distinction between a trade mark and a property mark is that whereas the former denotes the manufacture or quality of the goods to which it is attached, the latter denotes the ownership in them. In other words, a trade mark concerns the goods themselves, while a property mark concerns the proprietor. A property mark attached to the movable property of a person remains even if part of such property goes out of his hands and ceases to be his.”

One of the first landmark judgments in this regard is the “Whirlpool case” [N. R. Dongre v. Whirlpool Corporation, 1996 (16) PTC 583] in which the Court held that a rights holder can maintain a passing off action against an infringe on the basis of the trans-border reputation of its trade marks and that the actual presence of the goods or the actual use of the mark in India is not mandatory. It would suffice if the rights holder has attained reputation and goodwill in respect of the mark in India through advertisements or other means.

Advantages of having a trademark?

Exclusive Rights: The owner of Registered Trademark enjoys exclusive right over the trademark. The owner can use the same for all the products falling under the class(es) applied. Further, the owner can enjoy the sole ownership of the Trademark and can stop other from the unauthorised use of the Trademark under the same class where it is registered. It gives the right to sue the unauthorized user of the Trademark Registered.

Builds trust and Goodwill: The established quality of your product and services are known by everyone through the trademark and which establishes trust and goodwill among the customers in market. It helps in creating permanent customers who are loyal and always opt for the same brand.

Differentiates Product: It makes easy for customers to find your products. It makes your product and identity of products different from that of the existing and foreseen competitors and acts as efficient commercial tool. The logo can communicate your vision, quality or unique characteristic of your company and any organisation.

Recognition to product’s Quality: It gives recognition to the quality of the product. Customers attach the product’s quality with the brand name and this image is created in the market about the quality of a particular brand which helps in attracting new customers as they can differentiate the quality of a product by the logo/brand name.

Creation of Asset: Registration of Trademark creates an intangible asset i.e. Intellectual Property for an organisation. Registered trademark is a right created which can be sold, assigned, franchised or commercially contracted. Also, the Trademark is an intangible asset which gives the advantage to the organisation.

Use of ® symbol: Once the trademark is registered you can use the ® symbol on your logo stating that it is a registered trademark and no one can use the same trademark. It is exclusive of all types of usages as well as rights. If someone else use the trademark then you can also sue the party if the trademark is registered.

Protection against infringement: No competitor or other person can use the wordmark or logo registered by you under trademark. However, if in any case one uses it without the approval of the owner of trademark or make any deceptive use of same, the owner can get the legal protection under the Act and stop the person doing so.

Protection for 10 Years at low cost: Online Trademark registration is done on a very low maintainability cost. Once you register the trademark you have to just pay the maintenance cost and renewal cost which is after 10 years of registering the trademark. It is cost efficient and helps your company create an unique image.

Attract Human Resources: Young minds aspire to join big Brands as it acts as a magnate. It inspires the positive image of the organisation and thus candidates are attracted towards them easily. This reduces the cost towards hiring and related activities.

What are the products or services, for which a trademark can be applied for?

All the goods and services are covered under trademark Act, 1999 also note that the Register shall classify goods and services, as far as may be , in accordance with the international classification of goods and services for the purposes of registration of Trade Marks.

How to apply for Trademark?

A trademark application is made in both modes offline and online. But there is some difference of Departmental Fees, the fees is a little higher in case of offline mode. The application is followed by Form TM -48 for Authorisation of an Agent along with supporting documents which differs in case of Proprietor, Company or Partnership or as the case may be.

What are the fees associated with applying for trademark?

The Departmental fees for applying for Trademark is as follows:-

1. In case of proprietor: INR 4500/-

2. In any other case: INR 9000/-

One can even reduce the departmental fees by half if the applicant is registered under Ministry of Micro, Small and Medium Enterprize as MSME.

Where to make the application in case of offline trademark application?

The application shall be filed in the office of the Trade Marks Registry within whose territorial limits the principal place of business in India of the applicant or in the case of joint applicants the principal place of business in India of the applicant whose name is first mentioned in the application as having a place of business in India, is situated.

How long it takes to get a trademark?

The process to acquire a trademark generally required four to five months as there is procedural part

Submission of application to department.
On vetting of application, the department Accepts the application.
After the acceptance, the department publish the trademark, the applicant applied in Official Gazette of India. This publication is made to announce the public at large, that we are about to register this published trademark and all the rights to use this mark shall be vested with the applicant. If any person has any objection with same, then the reply can be submitted to department.
If no objection is received within a period of One Hundred and Twenty days (120) from the publication in Official Gazette, then the Departments registers the Trademark on the name of Applicant and he then can use the mark ® on his product or services Trademark.
With so many benefits and to protect your trademark where every single day, a new person starts their business, it becomes pertinent to acquire a trademark and protect your Brand value which a businessman is building or have already build for its goods and services over a period of time.

Types of Trademark Infringement

When looking into trademark infringement, one must know that are two types of infringement:

1. Direct infringement

Direct infringement is defined by Section 29 of the Act. There a few elements that have to be met for a direct breach to occur; they are as follows:

Use by an unauthorised person: This means that violation of a trademark only happens when the mark is used by a person who is not authorised by the holder of the registered trademark. If the mark is used with the authorisation of the holder of the registered trademark, it does not constitute infringement.
Identical or deceptively similar: The trademark used by the unauthorised person needs to either be identical to that of the registered trademark or deceptively similar to it. The term ‘deceptively similar’ here only means that the common consumer ‘may’ be confused between the marks and may think of them being the same. The operational word here being ‘may’, it only needs to be proven that this is a possibility and does not require proof of actually happening. As long as there is a chance of misrecognition of the marks, it is enough for proving infringement.
Registered trademark: The Act only extends protection to trademarks that have been registered with the trademark registry of India. In the case of breach of an unregistered mark, the common law of passing off is used to settle disputes. It is a tort law that is used where injury or damage is caused to the goodwill associated with the activities of another person or group of persons.
Class of goods or services: For the infringement of the trademark, the unauthorised use of the mark has to be used for the propagation of goods or services that fall under the same class of the registered trademark.

2. Indirect infringement

Unlike direct infringement, there is no provision in the Act that deals with indirect infringement specifically. This does not mean that there is no liability for indirect infringement. The principle and application of indirect infringement arise from the universal law principle. It holds accountable not only the principal infringer but also anyone that abets, induces that direct offender to infringe. There are two types of indirect infringement:

Vicarious liability: According to Section 114 of the Act, if a company commits an offence under this Act, then the whole company will be liable. Therefore not only the principal infringer but, every person responsible for the company will be liable for indirect infringement, except for a person who acted in good faith and without knowledge of the infringement. The elements for vicarious liability are:- When the person can control the activities of the principal infringer – When the person knows of the infringement and contributes to it – When the person may derive financial gains from the infringement The only exception to vicarious liability of a company for infringement is when the company has acted in good faith and had no idea about the infringement.
Contributory infringement:There are only three basic elements to contributory infringement:- When the person knows of the infringement – When the person materially contributes to the direct infringement – When the person induces the principal infringer to commit infringement In the case of contributory infringement, there is no exception as there exists no chance of the contributory infringer to act in good faith.

Penalties for Trademark Infringement

In India, the infringement of a trademark is a cognisable offence which means that the infringer may also face criminal charges along with civil charges. It is also not required by Indian law for the trademark to be registered for the institution of civil or criminal proceedings. As mentioned before this is due to the common law principle of passing off. In the case of trademark infringement or passing off, the court may award the following remedies:

Temporary injunction
Permanent injunction
Damages
Account of profits (damages in the amount of the profits gained from the infringement)
Destruction of goods using the infringing mark
Cost of legal proceedings

In the case of a criminal proceeding, the court dictates the following punishment:

Imprisonment for a period not less than six months that may extend to three years
A fine that is not less than Rs 50,000 that may extend to Rs 2 lakh

Endorsement

A negotiable instrument holder may endorse the instrument by signing his or her name on the reverse of the document, which mimics the transfer of ownership of the instrument. You can give someone or anything your endorsement by maintaining their good standing. As a result, we can conclude that an endorsement facilitates the transfer of property to another person or legal body. In this context, we shall learn about the various ways that legal endorsement of instruments is carried out.

In an act of endorsement, there are mainly two persons – Endorser and Endorsee who initiates the act overall.

The person to whom the instrument is being endorsed is known as the endorsee.

While the person who is making the endorsement is known as the endorser.

Essentials of Endorsement –

There are following Essentials of a valid endorsement –

(1) Endorsement must be on the instrument itself. If no space is left on the instrument, it must be on a separate slip of paper and entered to the instrument.

(2)The Endorser may endorse an instrument by simply writing his name on it, by stating his name specifically on it, or by adding a note to the effect that the instrument is payable on the order of the person to whom he has given his endorsement. No specific wording is required for the endorsement..

(3) The delivery of the instrument into your possession constitutes full endorsement. It’s crucial to deliver possession of the document with the goal of transferring the property to the endorsee. It should be noted that the endorser or someone acting on his behalf must make the delivery of possession..

(4) Endorsement must contain an order to pay. In need not contain any complementary prefixes and suffixes

Types of Endorsement

There are essentially two types of endorsements: The Signature in Blank According to Section 16 of the Negotiable Instrument Act of 1881, if the endorser simply signs his name, the underwriting is presumed to be clear. However, if he adds a heading requesting payment of the amount specified in the instrument to or on behalf of a specific person, the endorsement is presumed to be in full, and the person named in the heading is referred to as the endorsee of the document. The following list includes a number of established but lesser-known types.

There are six types of endorsement.These are applicable for endorsement in banking and various types of endorsement cheques:

Blank or General Endorsement
Full Endorsement or Special Endorsement.
Conditional Endorsement.
Restrictive Endorsement.
Partial Endorsement.
Facultivate Endorsement.

Blank or General Endorsement

An endorsement is supposed to be blank or general endorsement when the endorser puts his unmistakable just on the instrument and doesn’t compose the name of anybody to whom or to whose request the installment is to be made. Thus, where a bill is payable to “Ram or order”, and he writes on its back “Ram”, it is an endorsement in blank by Ram and the property in the bill can pass by a mere presentation.

2. Full Endorsement or Special Endorsement

When the endorser includes the name of the person at whose request the payment is to be made in addition to his mark, this is known as a special endorsement or full endorsement. The person named as the endorsee of the instrument, who has now become its payee and is eligible to suit for the money owed on the instrument, has a heading added by endorsement.

A bill made payable to Ram or order, and endorsed “pay to the order of Shyam” would be specially endorsed and Shyam endorses it further. We can turn a blank endorsement into a special one by adding an order making the bill payable to the transferee.

3. Conditional Endorsement

A restrictive endorsement is an arrangement that has effects only when a specific event occurs and nothing else. According to Section 52 of the Negotiable Instrument Act of 1881, the endorser of a disputed instrument has the option to expressly reject his own risk in the future or to condition the endorsee’s right to receive the amount due on the occurrence of a predetermined event, even though such an event may never take place. All intermediate endorsers are obligated to him in the event that an endorser so limits his risk and thereafter becomes the holder of the instrument.

An endorsement may be made conditional in any of the following forms;

( i) Sans Recourse Endorsement– An endorser may express by words to exclude his own liability on the negotiable instrument to the endorsee or any subsequent holder in case of dishonor of the instrument.

(ii) Facultative Endorsement– An endorser in such type of endorsement expressly gives up some of his rights under the negotiable instrument. For instance, Pay X or order, notice of dishonor is waived.

(iii) Sans Frais Endorsement– In this kind of endorsement an endorser does not want the endorsee or any holder of the instrument to incur any expense on his account.

4. Restrictive Endorsement

A restrictive endorsement aims to eliminate a Negotiable Instrument’s key characteristics and ends further negotiation. This may seem a little out of the ordinary, but the endorsee is especially within his rights if he signs that the subsequent action is restricted. This eliminates the possibility of an unapproved person losing money by fraudulently obtaining an instalment and misrepresenting themselves.

Example of restrictive endorsement: “Pay to Mrs. Geeta only” or “Pay to Mrs Geeta for my use” or “Pay to Mrs Geeta on account of Reeta” or “Pay to Mrs. Geeta or order for collection”.

5. Partial Endorsement

When the endorser suggests to transfer to the endorsee, simply a portion of the amount payable, an endorsement is supposed to be a partial endorsement. Halfway underwriting is the simple name for support that facilitates transferring to the endorsee a portion of the amount due.. Example: Mr. Mohan holds a bill for Rs. 5,000 and endorses it as “Pay Sohan or order Rs. 2500”. The endorsement is partial and invalid.

6. Facultative Endorsement

Underwriting that involves the endorser deferring a privilege to which he is entitled is known as facultative endorsement. For instance, the endorsee may withdraw out of scorn for the endorser, and normally, the endorser’s inability to withdraw will absolve him of his risk.

EFFECTS OF ENDORSEMENT

Transfer- The property in instrument is transferred from endorser to endorsee.
Right to negotiate- The endorsee gets the right to negotiate the instrument.
Right to sue- The endorsee gets the right to sue in his own name to all other parties.

Negotiation Back

Where an endorser negotiates an instrument and again becomes its holder, we know it as negotiation back to that endorser. After negotiation back, none of the intermediary endorsees are then liable to him.

For example, Ram, the holder of a bill endorses it to Bala, Bala endorses to Kala, and Kala to Lala, and endorses it again to Ram. Ram, being a holder in due course of the bill by the second endorsement by Lala, can recover the amount thereof from Bala, Kala, or Lala and himself being a prior party is liable to all of them.

Therefore, Ram having been relegated by the second endorsement to his original position, cannot sue Bala, Kala, and Lala. Where an endorser so excludes his liability and afterwards becomes the holder of the instrument, all the intermediate endorsers are liable to him. “the italicized portion of the above Section is important”.

An illustration will make the point clear. Ram is the payee of a negotiable instrument. He endorses the instrument ‘sans recourse’ to Bala, Bala endorses to Kala, Kala to Lala, and Lala again endorses it to Ram. In this case, Ram is not only reinstated in his former rights but has the right of an endorsee against Bala, Kala, and Lala.

Negotiation of Lost Instrument or that Obtained by Unlawful Means

No possessor or endorsee is entitled to receive the sum owed on a negotiable instrument from a maker, acceptor, or holder from any party anterior to such holder if the instrument was lost or gained from such a party by fraud, illicit methods, or otherwise. He is not permitted to do so unless the possessor or endorsee is, or someone he claims to be, a holder in due course.

Forged Endorsement

When an instrument is fully endorsed, we are unable to negotiate it without an endorsement that is dated and signed by the person to or whose order the instrument is payable. The reason for this is that the endorsee only acquires title through his endorsement. The endorsee does not obtain ownership even though he is a purchaser for value and in good faith if an instrument is negotiated using a forged endorsement since the endorsement is invalid.

Forgery doesn’t confer a title. The holder obtains his title independently of the fake endorsement, however, where the instrument is a bearer instrument or has been endorsed in blank. Additionally, he has the right to pursue payment from any signatory to the instrument.

For example, a bill is endorsed, “Pay A or order”. A endorses it in the blank, and it comes into the hands of B, who simply delivers it to C. C forges B’s endorsement and transfer it to D. Here, D, as the holder does not derive his title through the forged endorsement of B, but through the genuine endorsement of A. Thus, he can claim payment from any of the parties in spite of the intervening forged endorsement.

Conclusion

The holder of a negotiable instrument may sign his or her name on the back of that instrument, which replicates the transfer of title or ownership of that negotiable instrument, this process is termed as an endorsement. An endorsement can be done by keeping another individual or an entity in a favorable position. Thus, we can say that an endorsement helps in the transfer of the property to another individual or a legal entity.

AGMARK

In India, several Acts and Orders are in force for implementation with a view to protect the consumer against adulteration and unfair practices. AGMARK acts as a “third party” guarantee for the agricultural products that are produced and consumed in India. The system traces its origin to 1934, where Archibald MacDonald Livingstone, Agricultural and Marketing Advisory to the Government of India, suggested that this certification come into force to benefit the local growers and prevent undue exploitation by the dealers of the produce. The starting point of quality control in India was the enactment of Agricultural Produce (Grading & Marking) Act, AGMARK,1937.

Agricultural Produce (Grading & Marking) Act, 1937 provides for the grading and marking of agricultural and other produce. The term AGMARK was coined by joining the words ‘Ag‘ to mean agriculture and ‘Mark’ for a certification mark. AGMARK, or Agriculture Mark, is the certification mark to assure the quality of agricultural products in India.

The Act empowers the Central Government to make Rules for :

(a) Fixing grade designations to indicate quality of any scheduled article.

(b) Defining the quality indicated by every grade designation, and

AGMARK

It is a quality certificate that labels a product pure and of necessary quality as per guidelines specified by a governing body. It acts as a third-party guarantee for agricultural products consumed in India. The quality of an agricultural commodity is based on its intrinsic merit, and these standards are devised keeping in mind International laws and specifications so that we comply with the WTO requirements.

Objective of AGMARK Grading Scheme

The main objective is to provide consumers with quality, unadulterated products. The grading can be used for both domestic and export purposes.

Features of AGMARK

This is issued by the Directorate of Marketing and Inspection, under the Ministry of Agriculture and Farmers Welfare, of the Government of India for agricultural products.
It covers quality guidelines for more than 200 different Commodities ranging from pulses to cereals, from essential oils to semi-processed food like vermicelli.
The head office is in Faridabad.
The central AGMARK Laboratory is in Nagpur and 11 state owned AGMARK labs are found in 11 nodal cities.
It is legally enforceable as per the Agricultural Produce (Grading and Marking) Act of 1937 (amended in 1986).
The application processes are done online via the platform created by the National Informatic Centre (NIC).
The standards for AGMARK are framed based on the Food Safety and Standards Act, 2006, the Codex Alimentarius Commission, and the International Organisation for Standardization.
AGMARK certification is voluntary except for edible vegetable oils and fat spread which is mandatory as per FSSAI Regulations, 2006.

Advantage of AGMARK

An agricultural product gains advantages and legal importance thanks to the AGMARK registration.
AGMARK registration provides the consumer with assurance regarding the product’s organic integrity and quality.
These standards are compliant with WTO rules (World Trade Organisation). As a result, the AGMARK certification aids a product’s ability to compete in global marketplaces.
Agriculture products that have successfully completed the AGMARK registration process are given subsidies by the government. As a result, farmers benefit from it.

STANDARDIZATION AND GRADING OF AGRICULTURAL COMMODITIES

1.Grading provides description of the quality of the consignment and assists in the formation of a legally binding agreement.

2. It facilitates proper marketing of agricultural commodities.

3. It also ensures that agricultural commodities move through the market faster and without obstructions.

4.This also facilitates transactions without physical verification by the distant buyers.

Advantages of Grading

1.It brings confidence between the buyer and the seller.

2.It facilitates interstate and international marketing.

3. Disputes in the market can be solved in a good manner.

4. Stability of the price is ensured.

5.Farmers can take loans easily from the banks on the basis of grades of produce.

6.Arbitrary fixation of price by middlemen is eliminated.

7.Brings about improvement of the crop.

8.Reduces risk of producer and seller in transactions.

9.Future marketing is facilitated. Grades become a commercial measure of quality.

10.It also helps in implementation of contract farming.

Formulation of Grade Standards

Standards of agricultural commodities are framed in a scientific way. Basically it involves the following steps.

Agricultural commodity for which grade standards are to be framed is selected keeping in view national priority, necessity and demand.
A sampling plan is prepared based on the areas in which the commodity is grown, processed and traded.
Physical and chemical parameters to determine the purity and quality of the commodity are identified.
Samples of the commodity are collected by the field offices from growing areas, whole sale and retail markets as per the sampling plan.
The samples are analysed in the Regional Agmark Laboratories and Central Agmark Laboratory for the identified parameters.
Analytical data obtained is statistically analysed and Central Agmark Laboratory suggests the limits of various quality parameters for different grades.
The specifications of the commodity prescribed in Prevention of Food Adulteration Rules, 1955 and international standards viz. Codex Alimentarius Commission, ISO, etc. are consulted.
The relevant Committee on Agmark standards discusses the draft standards with trade, industry and consumer organizations.
Preliminary Grading & Marking Rules for the Commodity are drafted and are vetted by the Ministry of Law & Justice, translated into Hindi and published in the Gazette of India for inviting comments and suggestions from all stake holders.
The comments/suggestions received are considered and final notification is drafted, vetted by the Ministry of Law & Justice, translated into Hindi and published in the Gazette of India.

STANDARDIZATION AND GRADING OF AGRICULTURAL COMMODITIES

Following Commodities on Agmark standards have been constituted: 1. Food grains and Allied Products. 2. Oils Seeds, Vegetable Oils & Dairy Products. 3. Essential Oils. 4. Spices and Condiments. 5. Fruits and Vegetables. 6. Other Commodities.

GRADING AND CERTIFICATION of AGRICULTURAL COMMODITIES

Promotion of standardization and grading of agricultural and allied produce is one of the important activities of the Directorate of Marketing & Inspection.
Grading is carried out in accordance with the standards notified.
It serves a means of describing the quality of commodities to be purchased or sold by the buyers or sellers all over the country and abroad.
This also establishes a common trade language and avoids the need for physical checking and handling at many points.
The system of grading and certification benefits both the sellers and buyers in view of the fact that the producer get the price with the quality produced by him and consumer gets a quality product in turn of money spent.
Grading and certification activities can be broadly classified into (i) Grading and Certification for Internal Trade (ii) Grading and Certification for Exports.

Documents to be given along with application

1. Sketch of the premises

2. Declaration regarding i. Proprietorship/Partnership etc ii. Ownership of the premises iii. Ownership of trade brand label iv. Use of good grade quality containers for packing commodities. All declarations have to give by notary public.

3. A copy of licence from Panchayat/Municipality.

4. Bank reference: – Letter from the bank regarding the transaction to the packer with the bank.

5. List of machineries.

6. Specimen signature of authorised persons attested by the proprietor/managing partner.

7. Medical fitness certificate of employee.

8. Specimen copy and sketch of trade brand label

Consumers not satisfied with the quality of agricultural produce certified under Agmark, can make a complaint to the Agricultural Marketing Adviser giving full particulars regarding Agmark label/replica serial number, lot no., date of packing, best before date, trade brand, name and address of the authorized packer and the name and address of the seller. Whenever the complaint is found to be genuine, action as deemed fit will be taken against the concerned authorized packer as per provision in APGM Act-1937.

Benefits of AGMARK

Farmers are befitted as the state offers more subsidies to those products that carry the mark.
Marketing of the product finds a boost.
The quality of the product is sustained by virtue of statutory compliances.

Difference Between FSSAI and AGMARK

The primary difference between the FSSAI and AGMARK is that AGMARK works as a certification while FSSAI is a government agency that works on food control. AGMARK works exclusively for agricultural products whereas FSSAI licensing covers almost every food item, whether it is of agrarian origin or not. It covers all processes of food processing, from manufacturing to packaging
FSSAI was a direct result of the Food Safety and Standard Act, 2006, while AGMARK comes under the Agriculture Produce (Grading and Marketing) Act of India, 1937
AGMARK certification deals with chemicals, microbiological experiments, pesticide residue, and aflatoxin levels. AGMARK is given only for the product and not for an individual farmer. As of now, 213 agricultural products come under AGMARK certification. FSSAI License is allotted for individual establishments. Every branch of a fast-food restaurant chain requires an FSSAI licence, even if all branches come under one franchise. FSSAI has three types of licences: basic, state and central.
AGMARK is approved by the directorate of marketing and inspection which falls under the Department of Agriculture. FSSAI is a government authority of its own.

PENALITY:

Section	Concept	Penality
Sec.4	Penalty for unauthorised marking with grade designation mark.	6 Months & 5000-fine
Sec.5	Penalty for counterfeiting grade designation mark.	3 years & 5000-fine
Sec. 5 a	Penalty for selling migraded articles.—	6 Months & 5000-fine

Conclusion:

AGMARK is a Quality Certification Mark as a third-party guarantee to certified quality, which assures that the products conform to the standards laid down by the government of India is called Agmark certification. It is basically a voluntary certification for various agricultural food products but for some products, it has been made compulsory vide Food Safety and Standards (Prohibition and Restriction on Sales) Regulation 2011. AGMARK certification assures that the product containing the Agmark is good in terms of quality and produced in hygienic condition thereby fit for human consumption. It is useful both for consumers and producers, marketers and traders. Food products where AGMARK has been made mandatory, along with a license or registration under Food Safety and Standards Act, 2006. It is mandatory for the Food Business Operators to print the AGMARK logo along with the certification number on the primary packaging material along with the FSSAI logo and FSSAI license/registration number on food items where AGMARK certification is mandatory.

Grade standards notified as per the provisions of the Act are popularly called AGMARK Standards. These standards differentiate between quality and 2- 3 grades are prescribed for each commodity. Different grades are prescribed based on intrinsic quality of the agricultural commodities and various other parameters related to cleanliness, extraneous matter, active components, etc.

Grades help farmers/traders to get prices for agricultural commodities on the quality produced by them. Consumers get the produce of the quality desired by them. Till date, grade standards for 205 agricultural commodities have been notified.These include cereals, pulses, oilseeds, fruits and vegetables, creamery butter & ghee, vegetable oils, spices, honey, wheat atta, besan, etc.

E-banking system in the banking sector

Introduction

The process of globalization and liberalization has virtually transformed the way of business across the globe. The technological innovation of improvements in the communication networking helped the banking sector activities through re-engineer its works. E-Banking is considered as an important input for rapid growth of economic development by providing mechanism of electronic inputs to the banking sector. E-banking is the banking of new era. The term Internet Banking or E-Banking Internet both are used as supplement. E-Banking system makes the banking transactions easy for the bankers as well as customers in the modern world where all persons are busy with their hectic schedule. In fact, banks have been using electronic and telecommunication Networks for delivering a wide range of value added products and services.

Development of E-Banking System

The wind of globalization has affected each and every sector of its economy and entered into all the activities of the banking sector. Though the E-Banking system developed in the late ‘1980s and referred to the use of a terminal, keyboard and TV (or monitor) to access the banking system using a phone line. ‘Home banking’ can also refer to the use of a numeric keypad to send tones down a phone line with instructions to the bank. Online services started in ‘New York’ in 1981 when four of the city’s major banks (Citibank, Chase Manhattan, Chemical and Manufacturers Hanover) offered home banking services using the videotex system, television system and telephonic system. The UK’s first home online banking services were set up by the ‘Bank of Scotland’ in year 1983. The system (known as ‘Homelink’) allowed on-line viewing of statements, bank transfers and bill payments. In order to make bank transfers and bill payments. Though E-Banking system was more popularized amidst of the foreign countries later on in the early 1990’s E-Banking system developed in India too and development was not possible without creating sufficient infrastructure or presence of sufficient number of users. The experience of ICICI Bank Ltd. and HDFC Bank Ltd. shows that the number of transactions carried out on the internet is very limited in India.

Definition of E-Banking:

E-banking is defined as the automated delivery of new and traditional banking products and services directly to customers through electronic, interactive communication channels. E-banking includes the systems that enable financial institution customers, individuals or businesses, to access accounts, transact business, or obtain information on financial products and services through a public or private network, including the Internet. Customers access e-banking services using an intelligent electronic device, such as a personal computer (PC), personal digital assistant (PDA), automated teller machine (ATM), kiosk, or Touch Tone telephone. While the risks and controls are similar for the various e-banking access channels.

Services covered under E-Banking

E-Banking has numerous benefits to offer. Nowadays, all banks provide online banking facility to their customers as an additional advantage. Gone are the days, when one has to transact with a bank which was only in his local limits. Online banking has opened the doors for all customers, to operate beyond boundaries. The popular services covered under E-banking include :-

Automated Teller Machines(ATM)
Credit Cards
Debit Cards
Smart Cards
Electronic Funds Transfer (EFT) System
Cheques Truncation Payment System
Mobile Banking
Telephone Banking
Internet Banking

Problems While Using E-Banking Facilities

E-Banking system removes the traditionally geographical basis as it could reach out to all the customers of different countries and regions. The popularity of internet banking is growing rapidly as the transactions are becoming faster and more convenient. Internet banking is the latest development that has added a new dimension to banking transactions by making it more convenient, which has eliminated the long wearisome queues. But, there are some serious problems that a customer may encounter while banking through the internet, due to which many still prefer to go directly to the banks instead of availing this facility. There are certain problems of E-Banking system which are as follows:

Computer and Internet knowledge is very much required for using the facility of E-Banking by the customer because of which limits number of persons willing to avail this facility. Therefore it is the major problem in the country like India where literacy ratio is low.

While banking through the internet, you have to be careful about the security of your internet bank account. The security of your internet bank account depends to a great extent on the security of your computer, password and pin number. Any leakage of information regarding your password or pin number and banking transactions can allow computer hackers to gain access to your bank account, which is the most common internet banking problem. This can even lead to unauthorized and criminal transactions being conducted without your knowledge. By the time you get your bank statement and detect such transactions, it may be too late.

Some proxy websites can easily access customer’s bank account, if they can crack one’s user name, password or pin number. Due to such security problems, many people are apprehensive about internet banking.
Though E-Banking system saves the time of customers but it is very difficult to use this facility by customers who do Lack of trust on d machines provided by the banks may be another problem as there is no safety of money through online banking.
Technical problems with respect to the computers and internet facilities may be one of the problems which must be taken into consideration.
Customer is always in problem with respect to the security of its password, pin number and bank related information.
Customer care service also does not provide accurate information always as numbers of transactions are increasing along with customers.

Advantages of E-Banking System

E-banking system has gained wide acceptance internationally and it can be considered as a remarkable development in the banking sector. In India also the things are changing fast and most of the banks are providing E-Banking services to their customers and there are many advantages of using E-Banking service to the customers which are as follows:

Paying Bills Online is the major advantage to the customer’s who can pay bills i.e. telephone, electricity, shopping, loans amount (EMI) and payment of tickets booking online.
Time saving and easy to get information of bank account.
Customers are no longer required to wait in those long and crowded queues of the banks to request a financial transaction or statement.
E-Banking offers convenience to the customers as they are not required to go to the bank’s premises.
E-Banking provides monthly e-statement facilities to the customers which saves the time of bankers as well as customers.
Low incidence of errors increases the number of users/customers of E-Banking which results in the great advantage.
The customers can obtain funds at any time from ATM machines.
The credit cards and debit cards enables the Customers to obtain discounts from retail outlets.
Reduction in the administrative costs and paperwork related to the transactions. Besides, banks can also cater to the needs of thousands of customers at the same time. All these factors have significantly increased the profit margins of commercial banks by lowering their operating costs.
Transactions of transferring of funds from one person account to another person’s account became much more faster and convenient both national and international level.
Accessing bank account information at any day or any time irrespective of banks off working hours.
Quickest way to check and see if a transaction has cleared your account. This can help you to find out the amount of a transaction after you have lost your receipt.
E-Banking also allows customers to find out about unauthorized transactions of their accounts more quickly and to resolve the issues more quickly.

Disadvantages of E-Banking System:

In today’s cyber world where when people do not have much time even for their personal work, E-Banking appears as a boon. Internet banking has become very popular in the recent years, as it is quick and easy. Though E-Banking provides more advantages than traditional banking however, it has some disadvantages too which are as listed:

Setting up an account in the bank may take time though the E-Banking facility is provided by the banks.
Internet account of customer with an Internet Service Provider (ISP) which may be another hectic experience.
Banking sites can be difficult to navigate at first by the customers who do not have knowledge of computer and internet so getting acquitted with the banking sites software may require some time to read the tutorials in order to become comfortable in persons virtual lobby. There may be some difficulties to the customer for learning these activities of E-Banking.
Some alterations or changes made in the banks sites due to technological advancement may lead to a problem to customers who have to provide all the personal information once again through online transaction.
E-Banking is time consuming for the customers, though there is option of online transactions, in the end customers have to run to the ATM for withdrawing the cash.
No personal contact with any of the bank staff, and if talk to any bank staff through the telephone, there is no guarantee to the customers that they had talked with a right person or not.
“Hackers” who may access customer’s bank account is the main disadvantage to the customers who takes E-Banking facility very casually.
Security concern is the important issue as cybercrimes activities are clutching up which decreases the number of customers to avail the benefit of e- banking.
technical breakdowns where online banking websites sometimes go down. If this happens then, if customer wishes to close his bank account then he will definitely go penniless.
Switching banks due to technical faults can be a major disadvantage of using E-Banking system to the customer.
Increasing online frauds and attacks i.e. Trojan horse (Remote Attacker) are a major disadvantage of using E-Banking.
However, in the case of Internet banking, one will find oneself making endless calls to the customer service department. There have been cases, where the person is put on hold or has been passed around from one person to another.
Hackers and crackers attack on the bank account of customer by stealing passwords or using fake credit cards to cheat a person which will cause loss to the customer’s wealth.

Guidelines By Reserve Bank of India

Reserve Bank of India being the highest authoritative bank and main head of all the nationalized banks in India, had set up a ‘Working Group on Internet Banking’ to examine different aspects of Electronic Banking (E-banking). The Group had focused on three major areas of E-banking, i.e. (i) technology and security issues, (ii) legal issues and (iii) regulatory and supervisory issues. Accordingly, the following guidelines are issued for implementation by banks. Banks are also advised that they may be guided by the original report, for a detailed guidance on different issues. These issues can be defined as:

Technology and Security Issues: Banks should designate a network and database administrator with clearly defined roles as indicated in the Group’s report. Banks should have a security policy duly approved by the Board of Directors. There should be a segregation of duty of Security Officer exclusively with information systems security and Information Technology Division which actually implements the computer systems. Further, Banks should also adopt and implement some new policies relating to security check ups and should inform customers about new technologies concerning E-Banking. Banks should also take steps to
Legal Issues: There is always an obligation on the parts of banks to keep the proper records of its customers manually as well as electronic. While opening an account of customer by internet a complete identification documents must be collected by the customer and a physical verification need to be done so that it will assist bank to avoid any legal risk. From a legal prospective, security procedure adopted by banks for authenticating users needs to be recognized by law as a substitute for signature. There must be strict rules regarding instructions by the customers for stop-payment and banks should clearly state the consequences in which stop-payment instruction could be accepted by the bank.
Regulatory and Supervisory Issues: Only such banks which are licensed and supervised in India and have a physical presence in India will be permitted to offer Internet banking products to residents of India. The products and schemes of the bank should be limited to the account holders only but not to the extra territorial jurisdictional account holders. Indian overseas banks must be permitted to offer internet services. A supervisory authority need to be appointed so that it will assist in avoiding any illegal transactions.

Risk Involved In Using E-Banking

E-Banking poses some different risks as compared to the traditional banking. These risks are more pronounced in the case of Internet banking. Firstly, the risk of technological changes has to be carefully watched. This is essential to update technologies and remain cost effective and customer friendly. The banks have to be careful about risks involved in agreements with third parties. The security is an important area of risk. In fact it will be very crucial for the expansion of Net Banking. Another important area will emerge out of cross-border implications as ‘E- Banking’ breaks the geographical boundaries. Imposing regularity conditions on such transactions will be a difficult task

E-Banking Frauds

Fraudsters are continuing their switch from traditional card fraud to raiding online bank accounts. According to the new research Fraud losses on UK credit and debit cards totalled £440m in 2009 – a drop of 28% compared with the previous year – the UK Cards Association said. But the number of “phishing” attacks rose by 16% in the same period. This is when fraudsters trick people into entering their personal details on a website or in e-mails. As there is expansion in the illegal activities of the hackers, crackers and Trojan horse there must be a strict law to punish such criminals. Online frauds are very common nowadays because it is easy to access or to obtain password, pin code and account number of customers by hackers. Recently there is a case which is known as ‘ICICI Bank Fraud Case’ where Rs/- 150000 was stolen by the person’s bank account and it was a heavy loss of money to the account holder though the complaint was filed by the account holder but banks are still silent on that issue as banks too have no idea how these activities are taking place.

Conclusion

E –Banking has changed the traditional patterns of bank operations. These changes in technology, competition and lifestyles all have an impact on how banks operate today. Actually the customer had to physically visit the bank office in order to carry out banking operations. With the introduction of e – banking customers are saving money and time since they don’t have to physically visit the bank office. Every bank realizes that they must provide some kind of e – banking to their customers in order to survive. Through e –banking banks can better maintain the relationship with customers because with e – banking customers tend to interact more with provided services. It also increases the revenues of banks and can easily gain competitive advantage through differentiation of banking services and thereby an image improvement. In true E -banking, any inquiry or transaction is processed online without any reference to the branch In true E -banking, any inquiry or transaction is processed online without any reference to the branch (anywhere banking) at any time. Providing internet banking is increasingly becoming a ‘need to have’ than a ‘nice to have’ services.

Redressal Commissions on Consumer protection Act 2019

Consumer Dispute Redressal Commission (CDRC)

Chapter IV of the Act deals with the Establishment, Qualifications, Jurisdiction, Manner of Complaint, Proceedings etc. regarding the Consumer Disputes Redressal Commission. CDRC is empowered to resolve complaints with respect to unfair and restrictive trade practices, defective goods and services, overcharging and goods which are a hazard to life and safety. It has to be set up at three levels, i.e. the District, State and National levels (commissions). In comparison to the old Act, the jurisdictions of the commissions have been enhanced.

The Act proposes the establishment of the Central Consumer Protection Authority (CCPA) as a regulatory authority.
The CCPA will protect, promote and enforce the rights of consumers and regulate cases related to unfair trade practices, misleading advertisements, and violation of consumer rights.
CCPA would be given wide-ranging powers.
- The CCPA will have the right to take suo-moto actions, recall products, order reimbursement of the price of goods/services, cancel licenses, impose penalties and file class-action suits.
- The CCPA will have an investigation wing to conduct independent inquiry or investigation into consumer law violations.

POWERS AND FUNCTIONS OF CENTRAL CONSUMER PROTECTION AUTHORITY

The Central Authority enjoys wide powers under the Act and can discharge regulatory, investigative or adjudicatory functions.

Under section 18(1) the Central Authority has the power to:

Protect, promote and enforce the rights of consumers as a class, and prevent violation of consumers rights under this Act.
Prevent unfair trade practices and ensure that no person engages himself in unfair trade practices.
Ensure that no false or misleading advertisement is made of any goods or services which contravenes the provisions of this Act or the rules or regulations made under this Act.
Ensure that no person takes part in the publication of any advertisement which is false or misleading.

For the above-mentioned purposes, the Central Authority under section 18(2) has the power to:

Inquire or cause an inquiry or investigation to be made into violations of consumer rights or unfair trade practices, either suo motu or on a complaint received or on the directions from the Central Government.
File complaints before the District Commission, the State Commission or the National Commission, as the case may be, under this Act.
Intervene in any proceedings before the District Commission or the State Commission or the National Commission, as the case may be, in respect of any allegation of violation of consumer rights or unfair trade practices.
Review the matters relating to, and the factors inhibiting enjoyment of, consumer rights, including safeguards provided for the protection of consumers under any other law for the time being in force and recommend appropriate remedial measures for their effective implementation.
Recommend adoption of international covenants and best international practices on consumer rights to ensure effective enforcement of consumer rights.
Undertake and promote research in the field of consumer rights.
Spread and promote awareness on consumer rights.
Encourage non-Governmental organisations and other institutions working in the field of consumer rights to co-operate and work with consumer protection agencies.
Mandate the use of unique and universal goods identifiers in such goods, as may be necessary, to prevent unfair trade practices and to protect consumers’ interest.
issue safety notices to alert consumers against dangerous or hazardous or unsafe goods or services.
advise the Ministries and Departments of the Central and State Governments on consumer welfare measures.
issue necessary guidelines to prevent unfair trade practices and protect consumers’ interest.

District Consumer Disputes Redressal Commission (previously known as the District Forum):

District Commission shall consist of a President and not less than two and not more than such number of members as may be prescribed, in consultation with the Central Government. The District Commission now has the jurisdiction to entertain complaints where the value of the goods and services paid as consideration does not exceed one crore rupees. Section 34 (2) (d) categorically states that the complaint can now also be instituted in a District Commission within the local limits of whose jurisdiction the complainant resides or personally works for gain, apart from filing in the jurisdiction where the other side actually or voluntarily resides, or carries a business, or has a branch office or personally works for gain.

State Consumer Disputes Redressal Commission (previously known as the State Commission):

The State Commission shall have jurisdiction to entertain the complaints where the consideration exceeds one crore rupees but does not exceed ten crore rupees.

National Consumer Disputes Redressal Commission (previously known as the National Commission):

The National Commission shall have the jurisdiction to entertain complaints where the consideration paid exceeds ten crore rupees. The jurisdiction in which the complaint is to be filed is now on the basis of the value of the goods and services paid, which was not the case in the 1986 Act where it was on the value of the goods and services and the compensation, if any, claimed. A great emphasis has been placed on mediation which will be dealt with further.

Basis	District Commission	State Commission	National Commission
Composition	A district commission includes a president and two other members, and one of the members has to be a woman.	A state commission includes a president and at least two other members, and one of the members has to be a woman.	A national commission includes a president and four other members one of whom shall be a woman.
Who can be a President	A working or retired judge of the District Court can be a president of the District Commission.	A working or retired judge of the High Court can be a president of the State Commission.	A working or retired judge of the Supreme Court can be a president of the National Commission.
Appointment of President	By taking the recommendation of the selection committee, the state government appoints the president of the District Commission.	After consulting with the Chief Justice of the High Court, the state government appoints the president of the State Commission.	After consulting with the Chief Justice of India, the central government appoints the president of the National Commission.
Jurisdiction	One can file a complaint for goods and services of ₹1 crore or less.	One can file a complaint of goods and services worth less than ₹10 crores and more than ₹1 crore.	One can file a complaint of goods and services worth more than ₹10 crores.
Appeal against orders	If the aggrieved party is not happy with the jurisdiction of the district commission, then they can appeal against its judgment in the State Commission within 45 days.	If the aggrieved party is not happy with the jurisdiction of the state commission, then they can appeal against its judgment in the National Commission within 30 days by depositing 50% of the fine money.	If the aggrieved party is not happy with the jurisdiction of the national commission, then they can appeal against its judgment in the Supreme Court within 30 days by depositing 50% of the fine money. However, one can file the complaint only when the value of goods and services exceeds ₹10 crores.

Mediation

The Act has introduced a new chapter (Chapter V) on mediation as an alternate dispute resolution mechanism in order to resolve the consumer dispute in a much faster way without having to approach the Commissions. Thus, in the events where the mediation is successful in whole, the terms of such agreement shall be reduced into writing accordingly. Where the dispute is settled only in part, the Commission shall record the statement of the issues which have been settled, and shall continue to hear the remaining issues involved in the dispute. In case of unsuccessful mediation the respective Commission shall within seven days of the receipt of the settlement report, pass a suitable order and dispose of the matter accordingly.

Offences and Penalties

Section 21(2) and Section 89 of the 2019 Act provides the Central Authority with the power to impose a penalty in respect of any false or misleading advertisement, by a manufacturer or an endorser, it may, by order, impose on manufacturer or endorser a penalty which may extend to ten lakh rupees. Apart from this, a separate chapter (Chapter VII) for offences and penalties has been introduced where detailed penalties and punishments have been mentioned in relation to non-compliance, or manufacturing for sale or storing, selling or distributing or importing products that are adulterated or spurious.

Related Rules and Regulations

The Consumer Protection (E-Commerce) Rules, 2020 which are mandatory and are not advisories, lay down all the important information relating to the e-commerce entities keeping in mind both the consumer and the product/service provider. Key highlights are:
- E-Commerce entities according to Rule 5 are required to provide information to consumers, relating to return, refund, exchange, warranty and guarantee, delivery and shipment, modes of payment, grievance redressal mechanism, payment methods, security of payment methods, charge-back options and country of origin.
- These platforms will have to acknowledge the receipt of any consumer complaint within 48 hoursand redress the complaint within one month from the date of receipt. They will also have to appoint a grievance officer for consumer grievance redressal.
- Sellers cannot refuse to take back goods or withdraw services or refuse refunds,if such goods or services are defective, deficient, delivered late, or if they do not meet the description on the platform.
- The rules also prohibit the e-commerce companies from manipulating the priceof the goods or services to gain unreasonable profit through unjustified prices.
As per the Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020 which came into force on 20^th July 2020, the amount of fee payable for filing the complaint in the District Commission up to Rs 5 lakhs has been made Nil according to Rule 7.
The credit of the amount due to unidentifiable consumers will go to the Consumer Welfare Fund(CWF).
State Commissions will furnish information to the Central Government on a quarterly basis on vacancies, disposal, the pendency of cases and other matters.
Apart from these general rules, there are Central Consumer Protection Council Rules, provided for the constitution of the Central Consumer Protection Council(CCPC).
- It will be an advisory body on consumer issues, headed by the Union Minister of Consumer Affairs, Food and Public Distribution with the Minister of State as Vice Chairperson and 34 other members from different fields.
- It will have a three-year tenure and will have Minister-in-charge of consumer affairs from two States from each region: North, South, East, West, and North-East Region.

Conclusion

The 2019 Act is a much required change in favor of the consumers considering the current age of digitization. It empowers them with clearly defined rights and dispute resolution process which will enable them to get their grievance addressed with a fast track mechanism.

In order to have a better understanding of the concepts have a glance over some of the landmark judgments given by our Courts according to the Consumer Protection Act, 1986 which is now repealed but the guidelines laid down in those cases helped in framing the new Consumer Protection Act, 2019.

The Delhi High Court while examining the concept of advertisement decided the case of,

Horlicks Ltd. v. Zydus Wellness Products Ltd., 2020 SCC Online Del 873

The High Court passed an interim order restraining Zydus from telecasting its advertisement comparing Complan to Horlicks on the grounds that the same was misleading and disparaging. The Court relied on various judgments on misleading advertisements, disparagement and law governing publication of advertisements on television. Major decisions were:

Dabur (India) Ltd. v. Colortek (Meghalaya) (P) Ltd., 2010 SCC Online Del 391

The Delhi High Court culled out the principles governing disparagement in the advertisements and held:

On the basis of the law laid down by the Supreme Court, the guiding principles for us should be the following:

(i) An advertisement is commercial speech and is protected by Article 19(1)(a) of the Constitution.

(ii) An advertisement must not be false, misleading, unfair or deceptive.

(iii) Of course, there would be some grey areas but these need not necessarily be taken as serious representations of fact but only as glorifying one’s product.

To this extent, in our opinion, the protection of Article 19(1)(a) of the Constitution is available. However, if an advertisement extends beyond the grey areas and becomes a false, misleading, unfair or deceptive advertisement, it would certainly not have the benefit of any protection.

Pepsi Co. Inc. v. Hindustan Coca Cola Ltd.,2003 SCC Online Del 802

In Pepsi Co. it was held that certain factors had to be kept in mind while deciding the question of disparagement. Those factors were:

(i) Intent of the commercial,

(ii) Manner of the commercial, and

(iii) Story line of the commercial and the message sought to be conveyed.

These factors were amplified or restated in the following terms:

“(1) The intent of the advertisement – this can be understood from its story line and the message sought to be conveyed.

(2) The overall effect of the advertisement – does it promote the advertiser’s product or does it disparage or denigrate a rival product?

In this context it must be kept in mind that while promoting its product, the advertiser may, while comparing it with a rival or a competing product, make an unfavorable comparison but that might not necessarily affect the story line and message of the advertised product or have that as its overall effect.

(3) The manner of advertising – is the comparison by and large truthful or does it falsely denigrate or disparage a rival product? While truthful disparagement is permissible, untruthful disparagement is not permissible.”

LAW OF GUARDIANSHIP (Hindu Law)

Introduction

Due to the persisting familial structure in Vedic culture and the unwavering existence and power of the Karta, the topic of guardianship has received very little attention in the ancient Indian writings. As a result, India has few laws governing guardianship. As a legal idea, guardianship emerged with the British Empire, and as time went on, these laws were gradually absorbed into Hindu law.

To properly understand the subject, it is important to have a firm grasp on its foundational concepts before delving further and talking about a guardian’s legal obligations under Hindu law. The Hindu Minority and Guardianship Act, 1956 and the Guardians and Wards Act, 1890, which deal with the fundamental concepts and laws underlying the appointment of a guardian, govern guardianship in a Hindu family in India. Along with examining the obligations outlined in the Minority and Guardianship Act, 1956, this article touches on other relevant topics covered by the Act that would help us comprehend it better.

Definition of the terms ‘Minor’ and ‘Guardian’ under Hindu Law

Section 4 of the Hindu Minority and Guardianship Act, 1956 deals with the relevant definitions but while reading the definitions one must always keep in his mind that the definitions must always be read in subject to the qualification that their application must not be inconsistent to the subject matter. In applying this, if there appears a repugnancy between the context and the words and expression of the statute, it should be resolved harmoniously and read in consonance as well as to effectuate the intention of the legislature. For example, the term Guardian has a wide connotation but in this act it is reserved to a minor and to his/her property. This definition can be inapplicable in case of any other enactment. Sec 4 encompasses definition of the terms – minor, guardian and a natural guardian.

Minor

Minor as defined u/s 4 (a) Act means a person who has not completed the age of 18 years.

Guardian

A Guardian as defined u/s 4(b) of the Hindu Minority and Citizenship Act, 1956 means a person taking care of the minor physically or of his property or of both him and his property and includes the following:

A Natural Guardian:Father, Mother and Husband (impliedly repealed).
Testamentary Guardian:A person appointed by the will of the minor’s father or mother.
Certified Guardian:Appointed or declared by the court.
A Person empowered by any enactment relating to any Courts of Wards.

Types of Guardians

Guardians are appointed to ensure the welfare of the child. Apart from the three major types that are defined and included in Section 4 of the Act i.e. natural, testamentary and the ones appointed by the court, there also exist de facto guardians (Self appointed Guardians) and guardians by affinity(Guardians of a minor widow). De-facto Guardians are mentioned in Sec 11 of the Hindu Minority and Guardianship Act, 1956 .

Natural Guardian of a Hindu Minor

Section 6 of the Hindu Minority and Guardianship Act, 1956 recognises three persons as natural guardians, the father, the mother and the husband.

Clause (a)- In case of a boy or an unmarried girl- The father, and after him, the mother: provided that the i case of a minor child less than the age of 5 years, the custody shall rest with the mother.

Before 1956, a father would have been successful in curtailing the guardianship rights of the mother by appointing a testamentary guardian before his death but after the 1956 Act, the appointment of a testamentary guardian is rendered ineffective if the mother of the child is still alive.

Although, the law states that the father when alive is the natural guardian of the child and only after his death would the mother become a natural guardian, there are certain exceptions to it. The Supreme Court has clarified that the word ‘after’ as mentioned in the section doesn’t only connotes ‘after the death of’ but also entails ‘in absence of’ as well. Where the father hasn’t raised any objection to any actions of the mother due to his indifference or where the minor has been in the exclusive care of the mother and the father hasn’t taken care of the property of the minor or of him in person due to some mental or physical incapacity, he would be deemed absent for the purpose of this section The mere fact that the mother has remarried won’t fetter her rights and her request wouldn’t be disqualified. When it comes to custody, as a general rule, the court would not deprive the father of custody of the minor, but in all such cases the court has always kept the welfare of the child as the paramount interest and factor in delivering the pronouncements and has not given the custody of the minor child to his father where the child’s interest was being compromised.

Clause (b)– Mother lawful Guardian of her illegitimate children:

Mother is held to be the natural guardian of the illegitimate child even if the father of such minor is alive. No preferential right is given to the father.

Clause (c)– Husband lawful guardian of a minor wife:

This clause stands impliedly repealed due to the provisions of s.3 of the Prohibition of Child Marriage Act, 2006.

Proviso to Section 6 of the Act states that a person shall not be entitled to act as the natural guardian of a minor only if he has either ceased to be a Hindu or he has completely renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi).

Testamentary Guardian

Testamentary guardians are the ones that are appointed by the will of the parents of the minor. Section 9 of the Hindu Minority and Guardianship Act deals with the provisions related to the testamentary guardians. Sub-section 1 and Sub-section 2 deals with the rights of the father and states that the hindu father has the right to appoint a guardian and if he dies before the death of the mother, then such an appointment shall fail. It will only revive if the mother dies without appointing, by will, any person as guardian.

The rights of the mother include appointing a guardian for her illegitimate child. In this case even if she has predeceased the father, the father won’t have the right to appoint the guardian though he would be deemed at the natural guardian of the child. The testamentary rights are also vested in the widows and mother who are entitled to act as the natural guardian due to disentitlement of the father. In the case of a minor girl, as soon as she gets married, the testamentary rights of the guardian extinguish.

Testamentary Guardians have the same rights and limitations as that of a natural guardian.

Guardians appointed by the court (Certified Guardians)

The Guardians appointed by the court are termed as certified Guardians and the Court appoints a Guardian keeping in mind various psychological, physical and financial factors. The powers of such Guardians are regulated by the Guardians and Wards Act, 1980. The power to appoint a guardian in respect of as mitakshara hindu family minor who has an undivided interest only rests with the High Court (sec 12 of the The Hindu Minority and Guardianship Act, 1956.)

Powers of the Guardians

Section 8(1) of the Hindu Minority and Guardianship Act, 1956 vests in the natural guardian the power to take all the actions that are necessary or reasonable and proper for the benefit of the minor or take any action to realise, benefit or protect minor’s estate. A minor’s estate means a minor’s definite property and not his fluctuating indefinite interest in the joint Hindu family estate. Section 8 is in pari materia with sec 29 of the Guardianship and Wards Act, 1890.

Liabilities of the Guardians

The Guardian in carrying out the above mentioned powers can in no case bind the minor by a personal covenant. This means that though the guardian may impose a financial liability on the minor’s estate yet cannot make him personally liable for the losses or the liabilities that arise later due to such contract.
Sub section 2 of Section 8 read with section 5 of the Hindu Minority and Guardianship act, 1956 supersedes the power vested in a natural minor to dispose of the immovable property of a Hindu minor. It is laid down explicitly that a natural guardian without the previous permission of the court-

Can not Mortgage, or transfer by sale, gift, exchange or otherwise any part of the immovable property of the minor, or
Can not Lease any part of such property for a term more than that of five years or for a term more than that of one year after the date from the minor’s majority.

It has been expressly mentioned in the Section that no court shall grant permission in aforementioned conditions unless it is proven that there is a case of necessity or an evident advantage of the minor. Section 31 of the Guardians and Wards Act, 1890, shall apply to and in respect of an application for obtaining the permission of the court. Only a civil court or a district court or a court empowered under section 4A of the Guardians and Wards Act, 1890 within whose jurisdiction the property is situated or a part of the property is situated shall have the power to adjudicate upon the application. Where the property is being acquired by the guardian for the benefit of the minor, no permission of the court is necessary

As per Sec 8(3) of the Hindu Minority and Guardianship Act, 1956, any disposal of the immovable property by a natural guardian contravening the conditions is voidable at the instance of the minor or any other person claiming under him. Where the property is sold by the guardian for the benefit of the minor even then can a minor challenge the transaction only after attaining the age of majority if it was done without the prior permission of the court.
The limitations are not only enforced on the natural guardians but also on the de facto guardians as per section 11 of the Hindu Minority and Guardianship Act, 1956. Strictly put, though a de facto guardian is nowhere defined in the law yet it is a person who hasn’t been appointed by the court or through a testament or naturally but is a person who takes care of the guardian out of love and affection.
Section 12 of the Hindu Minority and Guardianship Act, 1956 has prohibited an appointment of a guardian for the minor who has undivided interest in the Hindu property which is being taken care of by an adult member of the family. Only the high court if it deems fit based on the facts of the case has the power to appoint a guardian for the same.
Sec 13 of the Act acts as a general principle of over every other provision mentioned in the act and states that all the decisions and all the appointments that are to be taken are to be done with the sole intention that is securing the welfare of the child.

Conclusion

The welfare of the minor and providing a safe and nurturing environment for the minor’s development can be clearly drawn as the biggest liability or the responsibility of the guardians and as the foremost guiding concept for the judiciary after reading the laws produced and the numerous precedents set by the judiciary.

Refugee

The definition of a refugee is a person who has left their country due to a well-founded fear of persecution due to their race, religion, nationality, membership in a particular social group, or political opinion, is outside the country of their nationality, and is unable or unwilling to use their rights due to this fear.

For the first time, refugees outlined what a refuge is as well as the type of legal protection, other aid, and social and economic rights he or she should receive from nations that have ratified the Convention. A well-founded fear of persecution that endangers one’s life or freedom because to one’s race, religion, nationality, membership in a particular social group, or political beliefs, in short, is one of the five criteria for receiving refugee status. It also specified a refugee’s duties toward host governments and specific groups of people, such as war criminals, who are not eligible for refugee status. It outlined a set of fundamental human rights that ought to at least be on par with the liberties enjoyed by foreign nationals residing legally in a particular nation and, in many situations, those of its citizens. In order to meet the problem, it acknowledged the global reach of refugee crises and the need for international cooperation.

Who protects refugees?

The protection of refugees falls primarily under the purview of host governments, and parties to the Convention and/or the Protocol are required to abide by their terms. The UNHCR is in charge of ensuring that the convention’s provisions are carried out in the nations that have ratified it and that legitimate refugees are given protection rather than being forcibly deported to areas where their lives may be in danger.

Refugee Rights:

Refugees have certain rights under the 1951 Convention and 1967 Protocol. However, even in countries that have legislation on refugees in those countries, or guaranteed in the Constitution of that country. In brief, the rights of refugees include:
i. The right not to be returned to a county where they are likely to face persecution (the principle of nonrefoulement)
ii. The right not to be expelled, except under certain strictly defined conditions
iii. Exemption from penalties for illegal entry into the territory of a contracting state
iv. Freedom of religion and free access to courts
v. Freedom of movement
vi. The right to identity papers and travel documents.vii. The right to public education.

Cessation of Refugee Status

There are circumstances when a person, recognized as a refugee may no longer qualify to be classified as such. The 1951 Convention stipulates that a person ceases to be a refugee if:
i. He or she has voluntarily re-availed himself or herself of the protection of the country of his or her nationality
ii. Having lost his or her nationality, he or she has voluntarily re-acquired it
iii. He or she has acquired a new nationality
iv. He or she has voluntarily re-established himself or herself in the country in which he or she left
v. The circumstances in connection with which he or she has been recognized as a refugee have ceased to exist, and he or she can no longer continue to refuse the protection of the country of his or her nationality
vi. He or she is without nationality, but because of circumstances in connection with which he or she has been recognized as a refugee has ceased to exist, is now able to return to his or her country of former habitual residence.

Exclusion:

when a person is not eligible to receive refugee status By removing individuals from its covering who do not merit to be recognised and protected as refugees, the exclusion clause of the 1951 Convention aims to maintain the integrity of refugee protection. It gives countries the assurance that even if someone has a legitimate fear of persecution, their claim to refugee status will not be granted. Prior to being accepted into the country of refuge as refugees, anyone who had committed a crime against peace, a war crime, a crime against humanity, or a serious non-political crime outside of that country is subject to the exclusion clause. This also goes for anyone who had committed acts that were against the goals and tenets of the UN.

Apart from UNHCR, other UN organisations are also covered by the exclusion clause if a person is currently receiving protection or aid from them. As an example, consider the various Palestinian groups that the United Nations Relief and Works Agency for Palestine Refugees in the Near East assists (UNRWA). Last but not least, the exclusion clause pertains to individuals who, barring formal citizenship, are not regarded as needing international protection because they are living in a nation in which they have been granted the majority of the rights typically enjoyed by nationals.

Al-Kateb v Godwin (Al Kateb) (2004) 219 CLR 562

The appellant, Al Kateb, was a stateless Palestinian. He arrived in Australia without a visa and was placed in immigration detention. His application for a protection visa was refused. However, there was also no prospect of removal from Australia in the reasonably foreseeable future.

Section 198 of the Migration Act 1958 (Cth) provided that an officer must remove ‘as soon as reasonably practicable’ an unlawful non-citizen who asks to be removed, or whose visa application has been unsuccessful and who has not made another application.

The majority – McHugh, Callinan, Hayne, and Heydon JJ – found that the relevant statutory provisions were unambiguous and required an unlawful non-citizen to be kept in detention notwithstanding the prospects of removal.

The minority – Gleeson CJ and Kirby J – found that the statute did not expressly provide for indefinite detention, and so it should be interpreted so as to preserve fundamental freedoms such as the common law rights to liberty and security of the person.

Consumer Protection Act 2019

The Consumer Protection Act, 2019 (the Act) received the President’s assent on 9 August 2019 which has replaced the Consumer Protection Act, of 1986.

Who Is Consumer?

Buys any item, employs any service, uses a product with the buyer’s consent. A consumer is someone like the individual described above. It should be emphasised that neither the size of the item nor the price at which it was purchased are important. Therefore, a consumer case may be brought over the purchase of both a pen and a penthouse, as well as any offline or online transactions made using electronic devices, direct marketing, multi-level marketing, or teleshopping.

Not a Consumer?

The individual who receives goods or services without payment. Purchase items or services with the intent to resell them (Means of Commercial purpose). However, a person who purchases and uses goods solely to support himself through self-employment is referred to as a CONSUMER. A person is considered a “consumer” under the new Act if they “purchase any goods” and “hire or avail of any service” in exchange for money, but they are not considered consumers if they acquire things for resale or any other business purpose.

The Act seeks to widen the scope of this definition, Thus, a consumer will now mean any person who “buys any goods” and “hires any services” which shall include both online and offline transactions through electronic mode.. teleshopping, direct selling, or multi-level marketing.

salient features of the Consumer Protection Act

● Coverage of items: This act is applicable to all products and services.

● Coverage of sector: This act is applicable to all areas whether private, public, or cooperative

● Compensatory nature of provisions as it compensates the consumer for the losses.

● Group of consumer’s rights.

OBJECTIVES OF NEW STATUTE

Ease the overall process of the consumer grievance redressal system.
A better mechanism to dispose of consumer complaints in a speedy manner.
Help in the disposal of a large number of pending cases in consumer courts across the nation.

Effective safeguards

● It is applicable to all types of goods and services unless specifically exempted by the Central Government.

● The ambit of the Act covers all the sectors like public, private or cooperative societies, etc.

● It is compensatory in nature.

● A three-tier system of redressal forums has been created like District Forum, State Commission, and the National Commission

● E-Filing of Complaints

To shape Consumers- Indian customers are not well-organised, and vendors exploit them easily.
Impart Market Information- Most of the consumer is clueless, and have no information about the product they are buying and this might cause them losses.
Physical Safety- Some products are adulterated and can hamper consumer health. So, they need to be protected.
Avert Monopoly- Irrespective of different restriction many organization follows monopoly practice and consumers gets influenced and should be protected.
Malpractices- Company pursues biased trade practices, and unlawful trade practices and this protection plays a crucial role.
Misleading advertisement- Many enterprises, intentionally trick consumers through incorrect or deceptive advertisements. This act will shield consumers from getting exploited.
Education Consumers about their Basic Rights- Most consumers ignore or do not know about their rights. The Consumer Protect Act educates them and secures their rights and interests.

How to file a complaint

Within two years of purchasing the product or services, the complaint should be filed.
In the complaint, the consumer should mention the details of the problem. This can be an exchange or replacement of the product, compensation for mental or physical torture. However, the declaration needs to be reasonable.
All the relevant receipts, bills should be kept and attached to the complaint letter.
A written complaint should be then sent to the consumer forum via email, registered post, fax, or hand-delivered. Acknowledgement is important and should not be forgotten to receive.
The complaint can be in any preferred language.
The hiring of a lawyer is not required.
All the documents sent and received should be kept.

Unfair Trade Practices

The New Act contains a clear, inclusive definition of unfair trade practises that, unless otherwise permitted by other laws, also covers sharing of personally identifiable information provided by customers in trust. introducing mediation as a means of resolving consumer complaints. The New Act makes mediation available as an ADR option, streamlining and expediting the dispute resolution process. This will facilitate quicker dispute resolution and ease the burden on consumer commissioners. Liability for Products Chapter VI of the New Act, which addresses product liability, is now available. These stringent liability-based clauses will make it possible for the complainant to seek compensation for damages brought on by subpar goods or services.

Importance of Consumer Protection:

Consumer Point of View:

To shape Consumers- Indian customers are not well-organised, and vendors exploit them easily.
Impart Market Information- Most of the consumer is clueless, and have no information about the product they are buying and this might cause them losses.
Physical Safety- Some products are adulterated and can hamper consumer health. So, they need to be protected.
Avert Monopoly- Irrespective of different restriction many organization follows monopoly practice and consumers gets influenced and should be protected.
Malpractices- Company pursues biased trade practices, and unlawful trade practices and this protection plays a crucial role.
Misleading advertisement- Many enterprises, intentionally trick consumers through incorrect or deceptive advertisements. This act will shield consumers from getting exploited.
Education Consumers about their Basic Rights- Most consumers ignore or do not know about their rights. The Consumer Protect Act educates them and secures their rights and interests.

CONSUMER RIGHTS

Consumer rights is an insight into what rights consumer holds when it comes to the seller who provides the goods:

Right to Safety:It refers to the right to protection from the marketing of products and services that pose a risk to property or human life. Customers should demand before making a purchase on the products’ quality as well as its guarantee..

Right to be Informed: It refers to the right to information regarding the calibre, amount, potency, purity, standard, and cost of products in order to safeguard the customer against deceptive business practises..

Right to Choose: It refers to the right to be, wherever possible, ensured of access to a variety of goods and services at a reasonable cost. In a competitive market when a range of items are offered at competitive prices, this right can be better exercised.

Right to be Heard: It means that consumers’ interests will receive due consideration at appropriate forums. It also includes the right to be represented in various forums formed to consider the consumer’s welfare.

Right to Seek Redressal: It means the right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers. It also includes the right to fair settlement of the genuine grievances of the consumer.

Right to Consumer Education: It means the right to acquire the knowledge and skill to be an informed consumer throughout life. Ignorance of consumers, particularly of rural consumers, is mainly responsible for their exploitation.

Responsibilities of a consumer

Customer protection should be actively pursued by a responsible consumer. Consumer International, a global federation of consumer groups, has listed the following consumer obligations:

Critical awareness

Should be vigilant and inquisitive about the products and services used.
Not to be swayed by deceptive and misleading commercials that make exaggerated claims about items and services, but to critically assess the utility of the product or service, as well as the assurances and warranties that come with it.
Examining items and making a service offer.
Wherever such a choice is available, exercising choice based on an assessment of relative merits of products and services.
Adopting a no-compromise approach when it comes to the quality of goods and services to ensure that the money spent is well spent.

Being prepared to act

One must be prepared to take action to enforce fair and just demands if they are to be enforced in order to raise one’s voice in protest against any form of consumer exploitation by trade and industry or any violation of their right to fair and just demands regarding the calibre of goods and services.

Social responsibility

should be aware of how their consumption affects others, especially underprivileged groups, locally, nationally, and globally.

Environmental awareness

To be aware of environmental degradation and contamination in order to avoid waste and maintain natural resource conservation.

Solidarity

being ready to band together and work together to advance consumer movement and consumer protection measures through internet collaboration, campaigning, and advocacy programmes on a range of consumer concerns.

Responsibility to be aware

Before purchasing goods and services, consumers have a duty to research their safety and quality. Every consumer has a duty to obtain and hold onto the proof of purchase and other paperwork associated with the purchase of durable goods. For instance, obtaining a cash memo for a purchase of goods is important since the proof of purchase will help you to support your demand for the products’ repair or replacement if you need to file a complaint about product flaws. The warranty/guaranteed cards that retailers provide for long-lasting consumer goods like televisions and refrigerators should also be carefully stored for future use. The cards also give you access to free servicing for repairs and part replacements for a predetermined time after purchase.

Responsibility to think independently

Consumers should be concerned with what they want and need and should be able to make decisions on their own as a result. For knowledge and decision-making, it is typically ideal for a customer to rely as little as possible on the vendor. As a consumer, it is your duty to prevent yourself against being duped by exercising caution. A knowledgeable customer is always better able to protect their own interests than anyone else. Furthermore, it is always better to be prepared than it is to wait until something bad has happened before seeking therapy.

Responsibility to speak up

It’s important for buyers to be open about their issues and make clear what they want from sellers. One of your core legal rights is to speak up and defend yourself if you think a business, group, or seller has wronged you. This is ethical decision-making meant to safeguard other clients from the misbehavior of the same business. If you feel that you have been treated unfairly, you can usually contact a complaint department at a company.

Responsibility to complain

It is the duty of the customer to express and file a serious and reasonable complaint about their dissatisfaction with products or services. Consumers are also reminded to keep in mind that they shouldn’t make claims that are unreasonably huge when they file complaints and ask for reimbursement for loss or harm. Consumers are regularly compelled to exercise their legal right to legal recourse. Consumers have occasionally asked for big quantities of money for no apparent reason. This is regarded as being careless behaviour that ought to be avoided.

Responsibility to be an ethical consumer

Consumers should act honestly and refrain from using any deceptive tactics. Some customers misuse the product, especially when it is still under warranty, because they think they will be able to get it fixed at that time. They are not treated fairly in this predicament. They should constantly use the products properly.

In addition to the duties mentioned above, customers also have a few more obligations. They are required to abide by the conditions of the contracts made with producers, traders, and service providers. They should pay on promptly for items made with credit. They must not tamper with equipment used for services, such as water and electricity meters, bus and train seats, etc. They should remember that only if they are prepared to take responsibility can they exercise their rights.

conclusion

The Indian government passed the Consumer Protection Act, 2019 to address issues connected to consumer rights violations, unfair business practises, deceptive advertising, and other situations that are detrimental to consumers’ rights. The Consumer Protection Act, 2019, is a revised piece of legislation that grants customers a wide range of advantages and rights to safeguard them against unfair business practises, false or misleading advertising, etc. The Act gives customers the option to use mediation and other alternative dispute resolution processes so that the parties can choose a quick and efficient resolution of their issues. The Act’s inclusion of e-complaints and e-consumers shows that certain members of the legislature were forward-thinking. Additionally, the Act added new concepts like “product responsibility” and “unfair contracts,” broadening the extent of protection for consumers’ rights and enabling them to complain when those rights have been infringed.

Extradition

The term extradition has derived from two Latin words ex and traditum. Ordinarily it may mean ‘delivery of criminals’, ‘surrender of Fugitive’, or ‘handover of fugitives.

Definition:-“The delivery of a person; suspected or convicted of a crime, by the state where he has taken refuge or taken asylum, to the state that asserts jurisdiction over him.”

L.Oppenheim: “ Extradition” is the delivery of an accused or a convicted individual in the state on whose territory he is alleged to have committed, to have been convicted of a crime.

According to Starke, “the term extradition’ denotes the process whereby under treaty or upon a basis of reciprocity, one state surrenders to another state at this request a person accused or convicted of a criminal offense committed against the law soft here questing state, such as requesting the state is competent to try the alleged offender.”

Generally, each state has complete jurisdiction over all subjects within its territory. However, in some cases the state cannot punish the guilty party. This is because such criminals fled to other countries after committing crimes. Therefore, without cooperation between nation-states in the extradition of criminals to the countries concerned, a just outcome with a true spirit cannot be achieved. Because of this fact, nation-states have adopted extradition laws. That is, the nation-state hands over criminals in judicial administration to the relevant states.

PURPOSE

The purpose of extradition is to prevent crime and punish criminals who have escaped punishment and started living in another country. As we know, it would be easier for a country to punish a criminal for committing a crime, and it would be easier to collect evidence against him for that particular crime. Jurisdiction can be punished and can be returned to the home country through extradition procedures. The purpose of the extradition procedure is therefore to prevent and curb crime on the international stage.

Therefore, the role of extradition is to prevent crime and punish criminals, because it is in the interest of all nations to punish criminals and prevent crime. It will ensure the extradition of such persons, which also depends on the principle of bilateral treaties and reciprocity, but in the absence of a treaty or agreement, the state will transfer the fugitive or You can demand the extradition of the offender It is in the interests of the country’s security and law and order to extradite the accused where he is staying.

A criminal is extradited to the requesting state for the following reasons

1. Suppression of crime- extradition is a process towards the suppression of crime. Normally a person cannot be punished or prosecuted in a state where he has fled away because of lack of jurisdiction or because of some technical rules of criminal law. Criminals are therefore extradited so that their crimes may not go unpunished

2. Deterrent effect- extradition acts as a warning to the criminals that they can’t escape punishment by fleeing to another state. Extradition, therefore, has a deterrent effect.

3. Safeguarding the interests of the Territorial state- Criminals are surrendered as it safeguards the interest of the territorial state. If a particular state adopts a policy of non-extradition of criminals they would like to flee to that state only. The state therefore would become a place for international criminals, which dangerous for it, which indeed would be dangerous for it because they may again commit a crime there if they would leave Free.

4. Reciprocity – extradition is based on reciprocity. A state which is requested to surrender the criminal today may have to request for extradition of a criminal on some future date.

5. International co-operation- extradition is done because it is a step towards the achievement of international co-operation in solving international problems of a social character. Thus it fulfills one of the purposes of the UN as provided under para 3 of article 1 of the charter.

6. Evidence- the state on whose territory the crime has been committed is in a better position to try the offender because the evidence is more freely available in that state only

Principles of Extradition :

➢ Double Criminality

➢ Extraditable Offense

➢ Double Jeopardy

➢ Rule of Specialty

➢ Rule of Reciprocity

➢ Nationality

➢ Refugee, Human Rights and Non Discrimination

➢ Political or Military Character

➢ Conviction based on Trial in Absentia.

Double criminality :

Double illegal activity refers back to the characterization of the relator’s crook behavior in up to now because it constitutes an offence beneathneath the legal guidelines of the 2 respective states. The preferred rule is that the offence in appreciate of which extradition is asked ought to be an extraditable offence now no longer best beneathneath the regulation of the asking for kingdom however additionally beneathneath the regulation of the asked kingdom. Hence, if any act is taken into consideration a criminal offense is the kingdom asking for extradition each if it isn’t a criminal offense withinside the united states of safe haven extradition isn’t granted. Example, in Eisler case 1939 the fugitive Eisler became convicted for being member of CPUSA hut controlled to escape and attain UK. He became arrested and produced For path on the English magistrate, held to be launched at the floor that the offence for which he became convicted in USA became now no longer diagnosed as a criminal offense in UK.

Extraditable offence:

The first actual requirement for a a success extradition is that the offence dedicated need to be an extraditable offence. Extradition is a process suitable best for the More extreme offences and as a result the countrywide extradition regulation of maximum States limits the quantity of extraditable offences both to sure unique offences or to offences issue to a specific stage of punishment

Double Jeopardy :

The maximum fundamental information of double jeopardy is that it refers to prosecuting someone greater than as soon as for thesame offense. Once you’re acquitted or convicted of a selected example of violating the regulation however, you cannotbe prosecuted (or punished again, if convicted) on that identical rate with the aid of using the identical authorities for that identical example ofviolating that regulation. A wonderful instance is Guy Paul Morin, who changed into wrongfully convicted in his 2d trial after the acquittal in his first trial changed into vacated with the aid of using the Supreme Court of Canada.

Rule of Speciality :

This doctrine is premised on the idea that every time a country makes use of its formal techniques to give up someone to any other country for a particular charge, the asking for country shall perform its supposed cause of prosecuting or punishing the wrongdoer handiest for the offence for which the asked country conceded extradition. The doctrine of area of expertise advanced to shield the asked usa From abuse of its discretionary act of extradition. A fugitive crook cannot be attempted for against the law aside from the crime for which he become extradited, however, if he escapes and in rearrested, he may be attempted to different offences too (US as opposed to Rouscher, wherein americaA very best courtroom docket held that the individual extradited should handiest be attempted for the crime extradited for now no longer for any other, the opposite main case is R as opposed to Corrigan, 1931).

Rule of Reciprocity :

Reciprocity is one of the prison foundation for extradition withinside the absence of a treaty that is part of global ideas of pleasant cooperation among nations. Reciprocity, as a considerable requirement of extradition (whether or not primarily based totally on a treaty or not) arises with appreciate to numerous particular elements of the process.

Extradition of nationals :

In principle, any individual, whether or not he’s a countrywide of the soliciting for State, or of the asked State, or of a 3rd State, can be extradited. Many States, however, by no means extradite certainly considered one among their nationals to a overseas State Does it imply the perpetrator is going unpunished? The solution is negative. In one of these case the asked birthday birthday celebration has to provoke crook prosecution in opposition to one of these man or woman for the equal offence in keeping with its laws.

Political or Military Character :

A common desire of all nations to ensure that serious crimes go unpunished. The state of the territory in which the offender has taken refuge cannot simply prosecute or punish the offender due to technical miles of criminal law or lack of jurisdiction. Therefore, in order to close the net of fugitive criminals, international law applies the maxim “aut punier aut didere” (the offender must be punished by the country of refuge or handed over to a country that can punish him). (or surrender). Therefore, the need for extradition arises for the following reasons. Criminals should be punished where they commit crimes

Importance of Extradition :

Daya Singh Lahoria vs. Union of India [(2001) 4 SCC 516], it was stated that a fugitive criminal brought in India under an extradition treaty can only be tried for the offense provided in the extradition decree and not for any other offense. The Criminal courts in India can not try such fugitives under any offense other than the one allowed for trial.

Vijaya Vittal Mallaya is an Indian businessman and politician who is the subject of Extradition. Indian government try to force his return from the United Kingdom to India to face the charges of financial crimes. As a treaty was signed between U.K and India in 1992 so India has made several extradition requests and only one has succeeded.

Conclusion

From the above discussion, we can conclude that there are many restrictions on handover. And attempts should be made to overcome such limitations. Because it is inevitable to punish the crimes committed in the administration. Extradition is now an important tool for ensuring law and justice. But the irregularities in its application among nations pose a threat to the principle of justice. However, it is essential to ensure a balance between extradition law and individual rights. Given the existing nature of human and individual rights, it is understandable that this area is still a work in progress, as the customary nature of this law makes balancing acts very difficult. In essence, this means that extradition must at least be consistent with respect for the individual’s fundamental human rights. In fact, any country must comply with extradition requests unless the refugee has compelling reasons to prevent extradition. It is no exaggeration to say that the existing international framework has certainly increased the effectiveness of law enforcement. However, as a caveat, ensuring the safety of individuals from the interests of the other country must be ensured to ensure that extradition is respectful and viable.

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Definition of a cheque

ESSENTIAL ELEMENTS / CHARACTERISTICS OF CHEQUE

A Cheque payment involves three parties:

Form of the Cheque:

Kinds of Cheque:

Bearer Cheque:

Order Cheque

Crossed Cheque

Account Payee Cheque

Company Crossed Cheque

Stale Cheque

Post Dated Cheque

Anti-Dated Cheque

The salient features of the Trade Marks Act, 1999

Objective of the Act:

Kinds of Trade marks

Product Mark

Service Mark

Collective Mark

Certification Mark

Shape Mark

Pattern Mark

Sound Mark

Advantages of having a trademark?

What are the products or services, for which a trademark can be applied for?

How to apply for Trademark?

What are the fees associated with applying for trademark?

Where to make the application in case of offline trademark application?

How long it takes to get a trademark?

Types of Trademark Infringement

Penalties for Trademark Infringement

Essentials of Endorsement –

Types of Endorsement

EFFECTS OF ENDORSEMENT

Negotiation Back

Negotiation of Lost Instrument or that Obtained by Unlawful Means

Forged Endorsement

Conclusion

AGMARK

Introduction

Development of E-Banking System

Definition of E-Banking:

Services covered under E-Banking

Problems While Using E-Banking Facilities

Advantages of E-Banking System

Disadvantages of E-Banking System:

Guidelines By Reserve Bank of India

Risk Involved In Using E-Banking

E-Banking Frauds

Conclusion

Consumer Dispute Redressal Commission (CDRC)

Mediation

Offences and Penalties

Related Rules and Regulations

Conclusion

Introduction

Definition of the terms ‘Minor’ and ‘Guardian’ under Hindu Law

Minor

Guardian

Types of Guardians

Natural Guardian of a Hindu Minor

Testamentary Guardian

Guardians appointed by the court (Certified Guardians)

Powers of the Guardians

Liabilities of the Guardians

Conclusion

Who protects refugees?

Refugee Rights:

Cessation of Refugee Status

Exclusion:

Who Is Consumer?

Not a Consumer?

salient features of the Consumer Protection Act

OBJECTIVES OF NEW STATUTE

Effective safeguards

How to file a complaint

Unfair Trade Practices

Importance of Consumer Protection:

CONSUMER RIGHTS

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