CAN A SINGLE MEMBER BENCH IN STATE COMMISSION UNDER THE PROVISIONS OF CONSUMER PROTECTION ACT?

When the factual and legal position in the Consumer Disputes Redressal Forums in District level are considered, it is an interesting question whether a Single member bench in a State Commission can pass judgments on merit? But when the amendment in Section 16 of the Act is read as a whole and the judgment to the point by Js Antony Dominic reported in 2013 (2) KLT 1, it is now the settled position in law that, the President of the State Commission can constitute a single member bench also. Though the innerline reading and the composition of the District Forums are discussed together, the answer would be confusing. However, now the position is settled.
But the issue is if the said bench of the State Commission is a of a member not having legal background (not judicial background), what would be situation?
The Regulation No. 12 of the Consumer Protection Act says, when an issue of serious question of law is involved and there is no precedent on the point, then the single bench with a non judicial member have to think twice. To be state otherwise, such questions has to be heard by a bench inclusive of President or any other bench with members having legal background.
THE QUESTION IS, IF THE PARTY DOES NOT RAISE THE MOVE TO TRANSFER THE CASE, WHAT WOULD BE THE EFFECT?

Can a foreign individual purchase property in India? Foreign Exchange Management (Acquisition and transfer of immovable property in India) Regulations, 2000

Foreign Exchange Management (Acquisition and transfer of immovable property in India) Regulations, 2000 Notification No.FEMA 21 /2000-RB dated 3rd May 2000 RESERVE BANK OF INDIA (EXCHANGE CONTROL DEPARTMENT) CENTRAL OFFICE MUMBAI 400 001 In exercise of the powers conferred by clause (i) of sub-section (3) of Section 6, subsection (2) of Section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999), the Reserve Bank of India makes the following regulations, namely: - 1. Short title and commencement :- i) These Regulations may be called the Foreign Exchange Management (Acquisition and transfer of immovable property in India) Regulations, 2000. ii) They shall come into force on 1st day of June 2000. 2. Definitions :- In these Regulations, unless the context otherwise requires - a) 'Act' means the Foreign Exchange Management Act, 1999 (42 of 1999); b) 'An authorised dealer' means a person authorised as an authorised dealer under sub-section (1) of section 10 of the Act; c) 'a person of Indian origin' means an individual (not being a citizen of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan), who (i) at any time, held Indian passport; or (ii) who or either of whose father or whose grandfather was a citizen of India by virtue of the Constitution of India or the Citizenship Act, 1955 (57 of 1955); d) 'repatriation outside India' means the buying or drawing of foreign exchange from an authorised dealer in India and remitting it outside India through normal banking channels or crediting it to an account denominated in foreign currency or to an account in Indian currency maintained with an authorised dealer from which it can be converted in foreign currency; e) the words and expressions used but not defined in these Regulations shall have the same meanings respectively assigned to them in the Act. 3. Acquisition and Transfer of Property in India by an Indian Citizen resident outside India:- A person resident outside India who is a citizen of India may - a) acquire any immovable property in India other than agricultural/plantation/farm house, and b) transfer any immovable property in India to a person resident in India. c) transfer any immovable property other than agricultural or plantation property or farm house to a person resident outside India who is a citizen of India or to a person of Indian origin resident outside India. 4. Acquisition and Transfer of Property in India by a Person of Indian origin A person of Indian origin resident outside India may - (a) acquire any immovable property other than agricultural land/farm house/ plantation property in India by purchase, from out of (i) funds received in India by way of inward remittance from any place outside India or (ii) funds held in any non-resident account maintained in accordance with the provisions of the Act and the regulations made by the Reserve Bank under the Act; (b) acquire any immovable property in India other than agricultural land / farm house / plantation property by way of gift from a person resident in India or from a person resident outside India who is a citizen of India or from a person of Indian origin resident outside India; (c) acquire any immovable property in India by way of inheritance from a person resident outside India who had acquired such property in accordance with the provisions of the foreign exchange law in force at the time of acquisition by him or the provisions of these Regulations or from a person resident in India; (d) transfer any immovable property in India other than agricultural land/farm house/plantation property, by way of sale to a person resident in India; (e) transfer agricultural land/farm house/ plantation property in India, by way of gift or sale to a person resident in India who is a citizen of India; (f) transfer residential or commercial property in India by way of gift to a person resident in India or to a person resident outside India who is a citizen of India or to a person of Indian Origin resident outside India. 5. Acquisition of Immovable Property for carrying on a permitted activity:- A person resident outside India who has established in India in accordance with the Foreign Exchange Management (Establishment in India of Branch or Office or other Place of Business) Regulations, 2000, a branch, office or other place of business for carrying on in India any activity, excluding a liaison office, may - a) acquire any immovable property in India, which is necessary for or incidental to carrying on such activity; Provided that i) all applicable laws, rules, regulations or directions for the time being in force are duly complied with; and ii) the person files with the Reserve Bank a declaration in the form IPI annexed to these regulations, not later than ninety days from the date of such acquisition; b) transfer by way of mortgage to an authorised dealer as a security for any borrowing, the immovable property acquired in pursuance of clause (a). 6. Repatriation of sale proceeds:- (a) A person referred to in sub-section (5) of Section 6 of the Act, or his successor shall not, except with the prior permission of the Reserve Bank, repatriate outside India the sale proceeds of any immovable property referred to in that sub-section; (b) In the event of sale of immovable property other than agricultural land/farm house /plantation property in India by a person resident outside India who is a citizen of India or a person of Indian origin, the authorised dealer may allow repatriation of the sale proceeds outside India, provided the following conditions are satisfied, namely: (i) the immovable property was acquired by the seller in accordance with the provisions of the foreign exchange law in force at the time of acquisition by him or the provisions of these Regulations; (ii) the sale takes place after three years from the date of acquisition of such immovable property or from the date of payment of final instalment of consideration for its acquisition, whichever is later; and ; (iii) the amount to be repatriated does not exceed (a) the amount paid for acquisition of the immovable property in foreign exchange received through normal banking channels or out of funds held in Foreign Currency Non-Resident Account or (b) the foreign currency equivalent ,as on the date of payment, of the amount paid where such payment was made from the funds held in Non-Resident External account for acquisition of the property; (iv) in the case of residential property, the repatriation of sale proceeds is restricted to not more than two such properties. 7. Prohibition on acquisition or transfer of immovable property in India by citizens of certain countries No person being a citizen of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal or Bhutan without prior permission of the Reserve Bank shall acquire or transfer immovable property in India, other than lease, not exceeding five years. 8. Prohibition on transfer of immovable property in India :- Save as otherwise provided in the Act or Regulations, no person resident outside India shall transfer any immovable property in India:- Provided that the Reserve Bank may, for sufficient reasons, permit the transfer, subject to such conditions as may be considered necessary. ( P.R. GOPALA RAO) Executive Director Published in the Official Gazette of Government of India - Extraordinary - Part-II, Section 3,Sub-Section (i) dated 08.05.2000 - G.S.R.No.407(E)

SHETTY COMMISSION PAY REVISION - GOVERNMENT ORDER- KERALA.

SHETTY COMMISSION PAY REVISION- KERALA GOV ORDER

The first National Judicial Pay Commission (Shetty Commission) made
certain recommendations on the improvement of pay and service conditions of the
non-judicial staff of Subordinate Judiciary. The Hon’ble Supreme Court in its
order dated 07.10.2009 directed the High Court to ensure that all the
recommendations of Shetty Commission have been implemented in the State. It
was also directed that all the recommendations should be implemented with effect
from 01.04.2003 and that the benefits of Shetty Commission shall be in addition
to the benefits of other Pay Commission recommendations. Some of the
recommendations have already been implemented in the State. 

SINGLE GIRL CHILD SCHOLARSHIP IN INDIA - PLUS TWO COURSE

CBSE MERIT SCHOLARSHIP SCHEME FOR SINGLE GIRL CHILDREN
1. Objective
The objective of CBSE merit scholarship scheme is to provide scholarships to the
meritorious Single Girl Students, who are the only child of their parents; and
have passed the CBSE Class X Examination with 60% / 6.2 CGPA or more marks/
grades and are continuing their further school education of Class XI and XII. The
scheme is aimed to recognize the efforts of the parents in promoting education
among girls and to provide encouragement to meritorious students.
As per the approval of the Competent Authority dated 23.07.2012, all children
born together are Single Girl Child of their parents.
2. Allocation of scholarship
The number of scholarships for a particular year shall be variable and shall to
awarded to all such "Single Girl Students" who have secured 60% / 6.2 CGPA or
more marks / grades in the CBSE Class X Examination in that year.
3. Eligibility criteria
The scholarship shall be given on the basis of merit list as stated in Para 2 above,
from the result of CBSE Class X Examination. The eligibility criteria shall be as
under:
i) All Single Girl Students, who have secured 60% / 6.2 CGPA or more marks /
grades in CBSE Class X Examination and are studying Class XI & XII in School
(affiliated with CBSE) whose tuition fee is not more than Rs. 1,500/- p.m. during
the academic year, shall be considered for the purpose. In the next two years, the
total enhancement in tuition fee in such school shall not be more than 10% of the
tuition fee charged in the year 2011 – 2012.

NOTE:NRI applicants of the Board are also eligible for the award. The tuition fee
for the NRIs has been decided maximum of Rs. 6,000/- per month
ii) The scholarship shall be awarded to Indian Nationals only.
iii) The student must continue her school studies in Class XI and XII in school as
stated above in para 3(i).
iv) Candidates who have passed CBSE Class X Examination in 2012 will be
considered.
v) A Scholar under the scheme while availing scholarship can enjoy other
concession(s) given by the school in which she is studying other organization(s).
4. Duration of scholarship and its renewal
i) The Scholarship awarded shall be renewed on a year-to-year basis till the
successful completion of the chosen course of study in the school. Renewal shall
depend on promotion to the next class provided the scholar secures 50% or more
marks in aggregate in the examination which determines her promotion to next
class.
ji) The renewal/ continuation of the scholarship, in cases where a scholar gives up
the chosen course of study before its completion or if she changes the school or
course of study shall be subject to prior approval of the Board. Good conduct and
regularity in attendance are required for continuance of scholarship. The decision
of the Board shall be final and binding in all such matters. A Scholarship once
cancelled shall not be renewed under any circumstances.
5. Rate of Scholarships and mode of payment
The rate of scholarship shall be Rupees Five Hundred (Rs. 500/-) per month. A
Scholarship awarded under the scheme shall be paid for a maximum period of
two years.
Payment will be made through demand drafts/ pay orders.
6. Selection Procedure
a) Student should have passed Class X Examination from the CBSE and secured 6.2
CGPA or more.
b) Pursuing Class XI & XIIfrom CBSE affiliated Schools.
c) Student should be ONLY SINGLE GIRL CHILD of their parents.3
d) Original Affidavit duly attested by the First Class Judicial Magistrate/ SDM/
Executive Magistrate, as per prescribed format available on the Board’s website.
(Photocopy of Affidavit will not be accepted).
e) Application form should be attested by the School Principal from where the
student is pursuing Class XI after passing Class X from Board’s Examination.
f) Tuition fee should not be more than Rs. 1,500/- per month in Class X and 10%
enhancement for Class XI & XII.
7. Jurisdiction of Courts/ Tribunals
a) A Scholarship once cancelled shall not be renewed under any circumstances.
b) The decision of the Board shall be final and binding in all such matters.
c) Any resultant dispute arising out of this scholarship scheme shall be subject to
the sole jurisdiction of the court situated in Delhi/ New Delhi only.

FORMAT OF AFFIDAVIT TO BE ATTACHED WITH THE APPLICATION
(ON NON-JUDICIAL STAMP PAPER OF RS.10/- SWORN BEFORE
FIRST CLASS JUDICIAL MAGISTRATE/SDM/EXECUTIVE MAGISTRATE
FROM THE PARENTS)
I ___________________ s/o / d/o _____________ r/o __________________ do
hereby solemnly affirm and declare as under:-
1) That ____________is my only one daughter and her date of birth is _________.
2) That I am the father/mother and Ms. ________________ is my only daughter.
3) That I have no other child except my above named daughter.

DEPONENT

VERIFICATION

VERIFIED AT __________________________________________ ON THIS
______________ DAY OF ____________ AND THE CONTENTS OF THIS AFFIDAVIT
ARE TRUE AND CORRECT AND NOTHING MATERIAL HAS BEEN
CONCEALED.

DEPONENT
(Strike off whichever is not applicable)

http://cbse.gov.in/Scholarship/Webpages/Guidelines%20and%20AF.html

NO SITTING IN POLICE COMPLAINT AUTHORITY IN ERNAKULAM....

For last several months, there is no machinery in Ernakulam district to deal with the complaints against police officers. The Police complaint authorities was established in all Districts in order to dealt with the issues. But due to one or other reasons, no sitting is there in the office of authority at Kakkanad. 

A speedy action need to be effected on this issue. 

REAL ESTATE (REGULATION AND DEVELOPMENT) BILL

REAL ESTATE (REGULATION AND DEVELOPMENT) BILL is implemented to establish the Real Estate Regulatory Authority for regulation and planned development in the real estate sector and to ensure sale of immovable properties in an efficient and transparent manner and to protect the interest of consumers in the real estate sector and establish an Appellate Tribunal to adjudicate disputes and hear appeals from the
decisions or orders of the Authority and for matters connected therewith or incidental thereto.


Full text of the bill-

REAL ESTATE (REGULATION AND DEVELOPMENT) BILL