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ADirective principles of state policy are not enforceable before the court of law but these directives have to be followed by the respective Governments before making or amending any laws.
Powers of High Court under Constitution
• Power of issuing Directions, Orders and Writs
• Judging the validity of Law
• Power of superintendence
• Control over subordinate Courts
• Power to punish for contempt of itself
Powers of Supreme Court of India
• Power of Judicial Review
• Supreme Court works as a court of record
• The law declared by Supreme Court is binding on all courts within the territory of India - Article 141
• All authorities, civil & judicial, in the territory of India, are required to act in aid of the Supreme Court - Article 144
• Exclusive power to Chief Justice of India in the matter of appointment of officers and servants of the Court - Article 146
AIn India we follow a hierarchical form of redressal be it in other cases or consumer cases. When it comes to the general provisions of appeal, first initally we have the SDJM court from which an appeal may lie to the district court from which the appeal may lie to the High Court and then the High Court has even provision for a Second appeal and from that the appeal lies to the Supreme Court. Since Consumer related disputes are adjudicated by Consumer Courts. The provision of appeal in a consumer dispute is as follows: Initially a consumer case lies with the District consumer forum from where the appeal lies to the State Consumer forum from where it lies to the National Consumer Forum.
There are following remedies available under the Consumer Protection Act of 1986:-
1. Removal of defects from the goods
2. Replacement of the goods;
3. Refund of the price paid;
4. Removal of defects or deficiencies in the services;
5. Award of compensation for the loss or injury suffered;
6. Discontinue and not to repeat unfair trade practice or restrictive trade
7. To withdraw hazardous goods from being offered for sale;
8. To cease manufacture of hazardous goods and desist from offering services which are hazardous in nature;
9. If the loss or injury has been suffered by a large number of consumers who are not identifiable conveniently, to pay such sum (not less than 5% of the value of such defective goods or services provided) which shall be determined by the forum;
10. To issue corrective advertisement to neutralize the effect of misleading
11. To provide adequate costs to parties.
There are following six basic rights guaranteed to the customer:
1. Right to choose
2. Right to safety
3. Right to be heard and representation.
4. Right to Redressal
5. Right to be informed
6. Right to consumer education
AThe District Forum also has a territorial jurisdiction along with pecuniary jurisdiction. It can be determined only according to the place where the cause of action arose, or where the opposite party carries on business.
There are following exceptions for Defamation under Sec. 499 IPC
1. Imputation of truth which public good requires be making or publishing.
2. Public conduct of public servant.
3. Conduct of any person touching any public question.
4. Publication of reports of proceedings of courts.
5. Merits of the case decided in court or conduct of witnesses and others concerned.
6. Merits of Public performance.
7. Censure passed in good faith by person having lawful authority over another.
8. Accusation preferred in good faith to authorized person.
9. Imputation made in good faith by person for protection of his or other’s interests.
ABoth Libel and Slander are used to term the act of defamation i.e., to speak ill about another person in public such that it harms the reputation of that other person. Libel means defaming one by writing ill about that person and publishing it i.e., written defamation while Slander means defaming one by speaking ill about that person i.e., oral defamation.
ACriminal defamation is the act of offending or defaming a person by committing a crime or offence. ... Civil Defamation: Civil defamation involves no criminal offence, but on account of this kind of defamation, you could sue the person to get a legal compensation for your defamation.