Daily Reports 12.11.2015

There was no class in the first hour. However Smt. Ligi, teacher of Legal Language and Legal Writing (CP-01) came to the class at the close of the hour for taking attendance. She was busy with the organization of Moot Court Competitions to be inaugurated on 27.11.2015. She informed the class that at 12 Noon those who are willing to be volunteers shall come to Room No.9.

Smt. Praseeda, teacher of Civil Procedure Code  (CP-05) came in the second hour and taught the following among others.

1.       Legal notices are usually sent under registered post with acknowledgment due.

2.       If a person who sends a notice is not satisfied with the reply of the notice thereto may file a suit.

3.       Before filing a suit we must consider when, where and how we should file the suit.

4.       The application of Civil Procedure Code, 1908 shall go along with various provisions of the Kerala Court Fee and Suit Valuation Act, 1959,  Limitation Act, 1963 etc.

5.       Generally speaking a civil suit shall be filed within three years of the date of cause ofaction.

6.       If a suit could not be filed within three years of the date of cause of action, and the complainant has a sufficient reason for delay with proper documentary evidence, he can file the suit with an application for the condonation of thedelay.

7.       The opposite party may object the application for condonation of delay and the court shall decide on the application and issue an order accordingly.

8.       The period of limitation in respect of various types of cases are given in the Limitation Act, 1963.

9.       If a person reaches a polling station after the time fixed for the polls, the presiding officer shall not allow him to vote. In that case the voter is said to have waived his right to vote.

10.   Where to file a suit:- A suit has to be filed before a Court having jurisdiction.

11.   Jurisdiction is the power of a court to hear and try a case. The Kerala Civil Courts Act 1957 defines the jurisdiction of Civil Courts in Kerala.

12.   There are three types of jurisdictions namely 1. Pecuniary jurisdiction 2. Territorialjurisdiction and 3. Subject matter jurisdiction.

13.   Pecuniary jurisdiction of a court is the limit of amount upto which the dispute of the case is involved.

14.   A suit can only be filed before a court with territorial jurisdiction.

15.   If the case is involved with an immovable property, the territorial jurisdiction is at where the property is located. If the properties are situated within the jurisdiction of different courts the complainant has the right to file in any one of these courts within whose jurisdiction at least one of the immovable properties are situated.

16.   The subject matter jurisdiction of a court is the power of the court to hear and try certain subject matters.

17.   If the remedy prayed is as per a Special Statute, the suit shall be filed before the special court constituted under that Act. Family courts and Motor AccidentClaim Tribunals hear and try family matters and accident claims respectively.

18.   Smt. Ligi also informed while taking attendance that if a student is continuously absent for twenty days he/she shall be rolled out.

Smt. Smitha, teacher for Consumer Protection Laws (CP-06) came in the third hour. Her lecture contained the following points.

1.       While purchasing certain goods if something is given free then such free goods, as not available without the payment of the goods purchased, shall also be treated as purchased goods and any defect thereof can be remedied under ConsumerProtection Act, 1986.

2.       PersonalService Contracts are of two types namely ‘contract of personal service’ and ‘contract for personal service.’

3.       If the employees of an institution perform the instructions of the employer or head of the institution, then the contract between them is termed as ‘contract of personal service’. There is a master servant relationship here. The Contract shall also be of a permanent nature.

4.       In case of a ‘contract for personal service’ there shall be no master servant relationship. The parties are independent in the execution of the conditions of contract or in performing their duty. The service is not availed permanently, but temporarily.

5.       The exemption under Consumer Protection Act is available only for ‘contract of personal service’ and therefore remedy is available under Consumer Protection Act in a ‘contract for personal service’.

6.       Thus the permanent contract with master servant relationship does not come under Consumer Protection Act.

7.       A contract between a temporary employee and the institution with a master servant relationship can also be regarded as a contract of personal service.

8.       The following persons or institutions or authorities can file a complaint before a Consumer Dispute Redressal Forum.

1.       Aconsumer organization

2.       Central Government or State Government

3.       One or more consumers jointly when they have the same interest.

9.       MohindraGas Enterprises v. Jagdish Poswal and others 1993 is a famous consumer case law.

Jagdish Poswal the original complainant had not paid any amount while registering an application to get a gas connection from M/s Mohindra Gas Enterprises. They did not get connection even after their juniors got connections. The Company argued that they did not take the connection at the right time and they will get the connection if they purchase a costly gas stove along with the connection. The complainants said that they were not served with any notice of intimation of availability of the gas connection and refused to purchase the gas stove at a high cost. The Forum adjudged against the company and the company opted an appeal . The court found that even though the complainants have not paid consideration, they are potential users.

The hour ended there. There was no class thereafter. Some students went to Room No.9 to become volunteers in the Moot Court.

Some other students started to learn Latin.