The document discusses consumer protection laws as they relate to Indian railways. It outlines that the Consumer Protection Act covers railway services as transportation is included in the definition of "service" under the Act. It also describes the Railway Claims Tribunal Act which was established to specifically handle railway claims and disputes. There is some overlapping jurisdiction between the consumer forums and the Railway Claims Tribunal for claims regarding deficiencies in railway services.
UDHR and how it has impacted Indian Constitution and has been a constant inspiration for the judiciary to ensure the widest possible interpretation of constitutional provisions specifically those related to human and fundamental rights.
In exercise of the powers conferred by Article 145 of the Constitution, and all other powers enabling it in this behalf, the Supreme Court hereby makes, with the approval of the President
UDHR and how it has impacted Indian Constitution and has been a constant inspiration for the judiciary to ensure the widest possible interpretation of constitutional provisions specifically those related to human and fundamental rights.
In exercise of the powers conferred by Article 145 of the Constitution, and all other powers enabling it in this behalf, the Supreme Court hereby makes, with the approval of the President
Administrative law is one of the important subject of law. It is very complicated topic . Here i provide you a Basic note of Administrative that will be helpful to your law entrance examination.
This presentation is an attempt to explain the colourable legislation in a simple language with the limitations on it and supported by the landmark cases delivered by the apex court.
World Trade Organisation's Dispute Settlement ProcedurePatrick Aboku
A presentation on the World Trade Organisation's Dispute Settlement Procedure under the Dispute Settlement Understanding Administered by the Dispute Settlement Body
Conduct of arbitral proceeding vaibhav goyalVaibhav Goyal
Arbitration and conciliation have been the preferred system of resolution of disputes in India from times immemorial. Sir Henry Maine observes that, “In those parts of India, in which village community was most perfect, the authority, exercised elsewhere by the headman, was lodged with what was called the village council or the panchayat.” The prevalent system of arbitration in India made Chief Justice Marten compelled to state in the case of Chanbasappa Gurushantappa vs. Baslinagayya Gokurnaya Hiremath (1927) that “It is indeed a striking feature of ordinary Indian life. And I would go further and say that it prevails in all ranks of life to a much greater extent than is the case in England. To refer matters to a Panch is one of the natural ways of deciding many a dispute in India.” The Orissa High Court in the case of State of Orissa vs. Gangaram Chhapolia (1982), traced the sequence of the formal codification of law on arbitration starting from Bengal Regulations of 1772 and 1780 to Bengal Regulation IX of 1883 which authorised Settlement Officers to refer disputes to arbitration. The Britishers introduced various acts dealing with the law on Arbitration including the Act IX of 1840, the Specific Relief Act of 1878, the Code of Civil Procedure of 1908, the Indian Arbitration Act of 1940 and The Arbitration and Conciliation Act, 1996.
AUDI ALTERAM PARTEM: PRINCIPLES OF NATURAL JUSTICEsebis1
These slides are regarding Audi Alteram Administrative law is the body of law that governs the activities of administrative agencies of government. Administrative law deals with the decision-making of administrative units of government such as tribunals, boards or commissions in such areas as international trade, manufacturing, taxation, broadcasting, immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction.
4. DEFINITION Administrative law deals with the powers and functions of the administrative authorities, the manner in which the powers are to be exercised by them and the remedies that are available to the aggrieved persons when those powers are abused by the authorities. Jain and Jain – Four aspects of Administrative Law. Administrative Law deals with mainly 4 aspects: Composition and the powers of administrative authorities. Fixes the limits of the powers of these authorities. Prescribes the procedure to be followed by these authorities in exercising such powers. Controls these administrative authorities through judicial and other means.
THE PRINCIPLES OF NATURAL JUSTICE Natural justice is a principle that is intended to ensure law with fairness and to secure justice. The Principles of Natural Justice have come out from the need of man to protect himself from the excesses of organized power. The Principles of Natural Justice are considered the basic Human Rights because they attempt to bring justice to the parties naturally. THREE BASIC PILLARS Three core points in the concept of principles of natural justice include: Nemo in propria causa judex, esse debet - No one should be made a judge in his own case, or the rule against bias. Audi alteram partem - Hear the other party, or the rule of fair hearing, or the rule that no one should be condemned unheard. Speaking order or reasoned decision- Speaking order means an order which contains reasons for the decision. No system of law can survive without these three basic pillars.
‘’Audi alteram partum means ‘‘hear the other side’’ or ‘‘no man should be condemned unheard 'or ‘‘both the sides must be heard before passing any order’’. This is the basic requirement of rule of law.
AUDI ALTERAM PARTEM “A party is not to suffer in person or in purse without an opportunity of being heard.’’ It is mainly applicable in the field of administrative action and is regarded as the first principle of civilised jurisprudence. In short, before an order is passed against any person, reasonable opportunity of being heard must be given to him.
The maxim includes two elements • NOTICE. • HEARING.
The Competition Superintendent issued several recommendations to the Vice-Ministry of Transportation, (in Spanish, Viceministerio de Transporte “VMT”) and to the Consumer Protection Authority, (in Spanish, Defensoría del Consumidor “DC”), considering that the State should supervise and regulate how the service of public transportation is rendered to passengers.
Administrative law is one of the important subject of law. It is very complicated topic . Here i provide you a Basic note of Administrative that will be helpful to your law entrance examination.
This presentation is an attempt to explain the colourable legislation in a simple language with the limitations on it and supported by the landmark cases delivered by the apex court.
World Trade Organisation's Dispute Settlement ProcedurePatrick Aboku
A presentation on the World Trade Organisation's Dispute Settlement Procedure under the Dispute Settlement Understanding Administered by the Dispute Settlement Body
Conduct of arbitral proceeding vaibhav goyalVaibhav Goyal
Arbitration and conciliation have been the preferred system of resolution of disputes in India from times immemorial. Sir Henry Maine observes that, “In those parts of India, in which village community was most perfect, the authority, exercised elsewhere by the headman, was lodged with what was called the village council or the panchayat.” The prevalent system of arbitration in India made Chief Justice Marten compelled to state in the case of Chanbasappa Gurushantappa vs. Baslinagayya Gokurnaya Hiremath (1927) that “It is indeed a striking feature of ordinary Indian life. And I would go further and say that it prevails in all ranks of life to a much greater extent than is the case in England. To refer matters to a Panch is one of the natural ways of deciding many a dispute in India.” The Orissa High Court in the case of State of Orissa vs. Gangaram Chhapolia (1982), traced the sequence of the formal codification of law on arbitration starting from Bengal Regulations of 1772 and 1780 to Bengal Regulation IX of 1883 which authorised Settlement Officers to refer disputes to arbitration. The Britishers introduced various acts dealing with the law on Arbitration including the Act IX of 1840, the Specific Relief Act of 1878, the Code of Civil Procedure of 1908, the Indian Arbitration Act of 1940 and The Arbitration and Conciliation Act, 1996.
AUDI ALTERAM PARTEM: PRINCIPLES OF NATURAL JUSTICEsebis1
These slides are regarding Audi Alteram Administrative law is the body of law that governs the activities of administrative agencies of government. Administrative law deals with the decision-making of administrative units of government such as tribunals, boards or commissions in such areas as international trade, manufacturing, taxation, broadcasting, immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction.
4. DEFINITION Administrative law deals with the powers and functions of the administrative authorities, the manner in which the powers are to be exercised by them and the remedies that are available to the aggrieved persons when those powers are abused by the authorities. Jain and Jain – Four aspects of Administrative Law. Administrative Law deals with mainly 4 aspects: Composition and the powers of administrative authorities. Fixes the limits of the powers of these authorities. Prescribes the procedure to be followed by these authorities in exercising such powers. Controls these administrative authorities through judicial and other means.
THE PRINCIPLES OF NATURAL JUSTICE Natural justice is a principle that is intended to ensure law with fairness and to secure justice. The Principles of Natural Justice have come out from the need of man to protect himself from the excesses of organized power. The Principles of Natural Justice are considered the basic Human Rights because they attempt to bring justice to the parties naturally. THREE BASIC PILLARS Three core points in the concept of principles of natural justice include: Nemo in propria causa judex, esse debet - No one should be made a judge in his own case, or the rule against bias. Audi alteram partem - Hear the other party, or the rule of fair hearing, or the rule that no one should be condemned unheard. Speaking order or reasoned decision- Speaking order means an order which contains reasons for the decision. No system of law can survive without these three basic pillars.
‘’Audi alteram partum means ‘‘hear the other side’’ or ‘‘no man should be condemned unheard 'or ‘‘both the sides must be heard before passing any order’’. This is the basic requirement of rule of law.
AUDI ALTERAM PARTEM “A party is not to suffer in person or in purse without an opportunity of being heard.’’ It is mainly applicable in the field of administrative action and is regarded as the first principle of civilised jurisprudence. In short, before an order is passed against any person, reasonable opportunity of being heard must be given to him.
The maxim includes two elements • NOTICE. • HEARING.
The Competition Superintendent issued several recommendations to the Vice-Ministry of Transportation, (in Spanish, Viceministerio de Transporte “VMT”) and to the Consumer Protection Authority, (in Spanish, Defensoría del Consumidor “DC”), considering that the State should supervise and regulate how the service of public transportation is rendered to passengers.
This presentation highlights the motor vehicles act, offences and penalties, procedure for filing claims, appeals against the decisions, assessment of claims and case laws
Goods can be carried by land (including inland waterways), sea, air or a combination of all these modes of transportation (multimodal transport system). Different laws govern such different modes of carriage of goods. There are two statutes that govern Carriage of Goods by Land:
- Carriage by Road Act, 2007
-The Railways Act, 1989
The present PPT includes the important provisions of both the acts and also includes the Rights, Liabilities and Responsibilities of Common Carriers.
The present PPT also includes the Responsibility of a Railway Administration as a Carrier of Goods.
The purpose of this presentation is to introduce executives and managers of auto co. to the salient provisions of the Motor Vehicles Act, 1988 as amended. This will facilitate proper compliance to rules about safety anti-pollution, insurance and road transport including motor vehicle legislation.
An Introduction to Motor Vehicles Act, 1988Nilendra Kumar
The familiarization to the Motor Vehicles Act is of relevance to diverse segments of the community. The existing law addresses different aspects of the statute. The presentation is an attempt to introduce the law.
We are pleased to present the April edition of ‘Dimensions’ – our round-up of developments in India. This edition focuses on key developments in the field of indirect taxes during April 2016.
Important Events:
The bill was passed by Lok Sabha & Rajya Sabha on 9th April, 2003 & 5th May, 2003 respectively.
It received President’s Assent on 26th May, 2003.
the said Bill came into force as Electricity Act, 2003
This presentation by Andrea Minuto Rizzo was made at the workshop on Competition in Publicly Funded Markets (28 February 2019). Find out more at http://www.oecd.org/daf/competition/workshop-on-competition-in-publicly-funded-markets.htm
Legislative developments in rail transport in 2011 in polandMichal
Most amendments of the Polish rail transport law in 2011 concerned the
organisation of rail transport including: improvements in timetable changing
procedures; mechanisms to ensure the observance and early publication of
timetables; interoperability of the rail system and; certification of train drivers.
Introduced were also some changes meant to restructure the incumbent state
rail operator (in Polish: Polskie Koleje Państwowe; hereafter PKP).
This is the presentation of my study project on Market Competition.
It goes through the main phases of the litigation between Uber and Italian Taxi Unions.
The resolution of the controversy by the Court resulted in banning Uber mobile
services.
supreme court guidelines for protection of good samaritans in case of road a...Law Web
Supreme court Guidelines for protection of good samaritans in case of road accident http://www.lawweb.in/2016/04/supreme-court-guidelines-for-protection.html
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
2. A BRIEF OVERVIEW
The Consumer Protection Act is applicable to goods
and services. This is also applicable to the Indian
Railways. The Railways provide the services to the
passenger for a fixed fare. That is how the scope of
Section 2(1)(o) of the Consumer Protection Act
covers the facilities relating to transport.
For the better and speedy disposal of railway
disputes (claims) Indian government has
established "RAILWAY CLAIMS TRIBUNAL"
through the Railway Claims Tribunal Act 1987 and
also the “RAILWAYS ACT 1989” to consolidate and
amend the law relating to Railways.
3. Consumer Protection Act is a general act for the
protection of all types of consumers where as, the
Railway Claims Tribunal Act is a special act which
is focusing only on railway claims.
Before this Railway claims tribunal act, all railway
claims were dealt by civil courts and consumer
forums respectively. After the enactment of RCT Act
and Indian Railways Act 1989, all railway claims
including consumer claims also dealt by Railway
Claims Tribunal.
CONSUMER PROTECTION IN RAILWAYS
4. CONSUMER FORUM’S JURISDICTION TOWARDS
RAILWAY CONSUMER’S CLAIMS
As per section 2(o)1 of CPA Service" means service of any
description which is made available to potential users and
includes the provision of facilities in connection with banking,
financing, insurance, transport, processing, supply of
electrical or other energy, board or lodging or both housing
construction, entertainment, amusement or the purveying of
news or other information, but does not include the rendering
of any service free of charge or under a contract of personal
service.
The term “transport” includes railway transport. So, the
person who is availing the railway services is considered as
“consumer”.
5. Section 3 of CPA provides powers to the consumer forum to
hear the railway consumer disputes which is relating to
“deficiency in service”.
Section 2(g) of CPA "Deficiency in service means any fault,
imperfection, shortcoming or inadequacy in the quality,
nature and manner of performance, which is required to be
maintained by or under any law for the time being in force
or has been undertaken to be performed by a person in
pursuance of a contract or otherwise in relation to any
service.”
6. RAILWAY CLAIMS TRIBUNAL ACT
Railway has its own Railway Tribunal Act which came into
force in the year 1987. Section 13 of the Act gives in the
Jurisdiction, Power and Authority of the Tribunal. The powers
configured under this Section are relating to the responsibility
of the railway administrations as carriers under Chapter VII of
the Railways Act in respect of claims for-
1. compensation for loss, destruction, damages,
deterioration or non-delivery of animals or good entrusted to a
railway administration for carriage by railway ;
2. compensation payable under Sec. 82-A of the Railways Act
or the rules made there under; and
3. In respect of the claims for refund of fares or part thereof
or for refund of any freight paid in respect of animals or goods
entrusted to a railway administration to be carried by railway
and the claims under Section 124 of the Railway Act .
7. LIABILITY OF RAILWAYS UNDER THE ACT
Section 124 of the Railways Act deals with the conditions
where railway is liable for the fault. The conditions in which
railways are liable are:
An accident occurs either a collision between trains of which
one is a train carrying passengers or the derailment of train or
other accident to a train or any part of a train carrying
passengers
Railways will be liable if such accident has caused only for loss
occasioned by
(i) the death of a passenger dying as a result of such accident,
(ii) personal injury and
(iii) loss, destruction, damage or deterioration of goods owned
by the passenger and accompanying him in his compartment
or on the train, sustained as a result of such accident.
8. LOSS OF PERSONAL LUGGAGE OF THE PASSENGER
There is no express provision for the loss of personal luggage of a
passenger in either RCT Act or railways Act. However one can
approach them through CPA Act.
In Sumatidevi M. Dhanwatay Vs Union of India (UOI) SC held that
not providing adequate securities to the passengers is amongst to
deficiency in service and, the consumer forum is having the
jurisdiction to hear this dispute. In this case, a passenger had lost
her valuables, including diamonds and pearl due to some mob
entered into the train compartment and, attacked the passengers.
The state had awarded compensation to the passenger, where as,
the national commission had reversed the order.
In G.M., Eastern Railway v. Smt. Malti Gupta. The state
commission held that loss of three suitcases of the passenger in the
train is amongst to deficiency in service and, the railway is liable to
pay the compensation to the passenger who had lost his suitcases.
9. CLEANNESS AND WATER FACILITIES
Again There is no express provision in the RCT Act
so, the consumer can invoke the jurisdiction of the
consumer forum to decide his claim .
In South Eastern Railway Vs. Yeshwant Tiwari
Not providing water for cleaning purposes to the
reserved compartment passengers is amongst to
deficiency in service and, consumer forum is having
the jurisdiction to hear this dispute.
10. UNTOWARD INCIDENTS
Section 124-A of the Railways Act 1989 provides compensation on
account of untoward incident which includes commission of a terrorist
act ,robbery , dacoity , indulging in rioting, shoot-out or arson, by any
person in or any train carrying passengers in a waiting hall, cloak
room or reservation or booking office any platform or in any other
place within the precincts of a railway station ,the accidental falling of
any passenger from a train carrying passengers.
In Union of India Vs Ashok Shankar Sarkale Some unknown
goondas entered into the train , and they were quarrelling with the
passengers and, they had thrown out two passengers and, those
passengers were found dead because of run over by a train. he
Bombay HC held that the consumer forums are not having the
jurisdiction to hear claims or deficiency in services related cases
which have occurred due to some “untoward incident”
11. OTHER MISCELLANEOUS ISSUES
In the case of Divisional Railways manager v. Abhishankar Adhikari
(2006) failure of Railway authorities to prevent entry of unauthorized
hawkers and other persons was held to be deficiency in service.
In the case of UOI v. G.C. Sharma the national commission held that
railways not liable for not confirming wait-listed tickets.
In the case of UOI v. Ashok Kumar Singh 1995 ,an advocate missed his
train due to change of train timings ,national commission held that
appellant being a educated person was negligent ,hence railways not
liable for deficiency in service.
Although Compensation being paid for late running of trains is rare, but
in the case of UOI v. Kedar Nath Jena &ors.(1997) wherein railways
didn’t provide a reasonable reason for delay and plaintiff suffered
inconvenience ,National Commission held this to be deficiency in
service and awarded compensation.
12. OVERLAPPING JURISDICTIONAL ISSUES
Consumer forums generally having the jurisdiction to
hear the disputes between railway consumers and the
railway authorities in respect of “deficiency in service”.
Whereas, the railway claims tribunal is having the
jurisdiction to hear the claims which have been made
against the railway by the railway customers/users.
RCT Act had been enacted after the enactment of the
consumer protection Act ,an indication that the
legislature clearly intended to give special jurisdiction to
RCT hear the railway disputes.
Section 15 of the RCT expressly bar the jurisdiction of
civil courts and other courts or authorities.
13. UNION OF INDIA V. NATHMAL HANSARIA
In this landmark case, the National Consumer Disputes
Redressal Commission in 1995 upheld a state commission order
and directed the railways to pay Rs 2.25 lakh to the parents of a
21-year-old, Kabita Hansaria, who died in 1990 while passing
through interconnecting compartments on a long-distance train.
The Hansarias told the commission that the vestibule connecting
the compartments did not have safety grills.
The railways had contended that according to the provisions of
the Railway Claims Tribunal, the complaint was not tenable
before the commission. But the commission made a clear
distinction between a train accident and accidental death, and
observing that Kabita's death was the latter case. “The state
commission is right in pointing out that a railway passenger is a
consumer,” the national commission said.
14. In Deputy Chief Commercial Manager, Eastern Railways & Anr. V. Dr.
K. K. Sharma & Ors6 ., the consumer forum held that Existence of
remedies provided by Sections 13 and 15 of the Railway Claims
Tribunal Act, 1987 did not take away the jurisdiction of the consumer
courts to decide the question of deficiency of service. The consumer
courts cannot sub-plant the jurisdiction of the Railway Tribunal or any
other judicial or quasi-judicial body, but can supplement the jurisdiction
of these bodies in appropriate cases. It provides an additional remedy to
a consumer.
In 2011, the national commission ruled in favour of a woman whose
husband was run over by a goods train in 2003 while he was crossing
tracks at a spot where there was no railway bridge. The commission
rejected the railways’ defence that such cases fell under the provisions
of the Railway Claims Tribunal Act and that consumer fora did not have
jurisdiction.