Sunday, January 4, 2009

Legal Maxims

Actus non facit reum nisi mens sit rea
The act does not make one guilty unless there be a criminal intent.
Actus non reum facit, nisi mens sit rea.
An act does not make a person guilty, unless the intention be also guilty. This maxim applies only to criminal cases; in civil matters it is otherwise
Actus reus
A
ad finem
at the end
Ad hoc
For this purpose
Ad infinitum
Forever, without limit, to infinity.
ad litem
appointed for a lawsuit
Ad perpetuam rei memoriam
For a perpetual memorial of the matter.
ad personam
personal
guilty deed or act.

Alibi

At another place, elsewhere.

Amicus curiae
A friend of the Court
.
Audi alteram partem
Hear the other side.

Causa proxima, non remota spectatur
The immediate, and not the remote cause is to be considered.
Caveat emptor.
Let the purchaser beware.
Caveat venditor
Let the seller beware.

Consensus ad idem

Agreement as to the same things.
Damnum sine injuria
damage without legal injury.
de minimis
trivial
De minimis lex non curat
The law does not notice trifling matters.
De minimis non curat lex.
The law does not notice or care for trifling matters.
nemo dat quod non habet
one can give a better title than the one he has
Nemo debet esse judex in propria causa
No one can be judge in his own case.
Ubi jus ibi remedium est
Where there is a right there is a remedy.
Ubi jus, ibi remedium.
Where there is a right, there is a remedy.


HOW TO GET INFORMATION ON CONSUMER COURT THROUGH RTI APPLICATION

DETAILS UNDER RIGHT TO INFORMATION ACT, 2005

OFFICERS TO WHOM APPLICATION CAN BE SENT or PERSONALLY DELIVERED:

Officials

Designation

Tel. No.

Shri B. V. Sharma

Appellate Authority

23760107

Shri H. D. Nautiyal

Public Information Officer

23358074

Shri Iqbal Ahmed

Assistant Public Information Officer

23712459

Where to send / deliver RTI application:

National Consumer Disputes Redressal Commission

7th Floor, ‘B’ Wing, Janpath Bhawan

Janpath New Delhi – 110 001

Working Hours: Monday to Friday from 9.00 a.m. to 05.30 p.m.

Holidays :All Central Government Holidays.

Time Frame: National Commission based information will be supplied within 30 days.

Fees: Application Fee Rs. 10/-

Photocopy Rs. 2/- per page

Inspection of record: No fee for one hour. Thereafter, Rs. 5/- for each 15 minutes.

Diskette or Floppy Rs. 50/-each

Mode of Payment of fee: The Draft/Postal Order towards the fee should be in favour of ‘The Pay & Account Officer, Ministry of Consumer Affairs’ and payable at New Delhi )

Sample RTI application:


Application for obtaining information under

The Right to Information Act 2005

To:

Shri Iqbal Ahmed

Assistant Public Information Officer,

National Consumer Disputes Redressal Commission

7th Floor, ‘B’ Wing, Janpath Bhawan

Janpath, New Delhi – 110 001



1. FULL NAME OF APPLICANT : Mr. XYZ

2. ADDRESS : write your residential address

3. PARTICULARS OF INFORMATION REQUIRED

(i) Subject matter of information :

Relating to limitation period.

(ii) Period to which the information relates :

1st February 2009 to 28 February 2009.

(iii) Description of information required :

What is time limit for filing consumer complaint?

1)

(iv) Whether information is required by post or in person :

By Post.

(v) In case by post (Ordinary, Registered or Speed) :

By Ordinary post.

4. WHETHER THE APPLICANT IS BELOW POVERTY LINE :
(If yes, attach a photocopy of the proof thereof)

No. (Applicant is not below poverty line.)

Place : Delhi

Date : March, 2009 Signature of the applicant

Motor Accident Claims Tribunal

What is MACT ?

Motor Accidents Claims Tribunal MACT deals with matters related to compensation of motor accidents victims or their next of kin .The Tribunal deal with claims relating to loss of life/property and injury cases resulting from Motor Accidents.

MACT Courts are presided over by Judicial Officers from the State Higher Judicial Service. Now these Courts are under direct supervision of the Hon’ble High Court of the respective state

Who can report to MACT in case of accident ?

Victim himself or through Advocate,in the case of personal injury. Through advocate in case of minor applicant below the age of 18 years. Legal heirs themselves or through advocate in the case of death.The owner of the vehicle in the case of property damage.

What all documents should accompany the petition ?

1. Copy of the FIR registered in connection with said accident, if any.

2. Copy of the MLC/Post Mortem Report/Death Report as the case may be.

3. The documents of the identity of the claimants and of the deceased in a death case.

4. Original bills of expenses incurred on the treatment alongwith treatment record.

5. Documents of the educational qualifications of the deceased, if any.

6. Disability Certificate, if already obtained, in an injury case.

7. The proof of income of the deceased/injured.

8. Documents about the age of the victim.

9. The cover note of the third party insurance policy, if any.

10.An affidavit detailing the relationship of the claimants with the deceased.