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US TARGET on INDIA

US TARGET on INDIA

The US on Thursday cautioned that there will be consequences for countries actively attempting to "circumvent or backfill" American sanctions against Moscow for its invasion of Ukraine and said it would not like to see a "rapid" acceleration in India's import of energy and other commodities from Russia.

Visiting US Deputy National Security Adviser Daleep Singh, referring to the "no limits" partnership between Moscow and Beijing, said India should not expect Russia to come to its defence ..
The US on Thursday cautioned that there will be consequences for countries actively attempting to "circumvent or backfill" American sanctions against Moscow for its invasion of Ukraine and said it would not like to see a "rapid" acceleration in India's import of energy and other commodities from Russia.

Visiting US Deputy National Security Adviser Daleep Singh, referring to the "no limits" partnership between Moscow and Beijing, said India should not expect Russia to come to its defence ..
The US on Thursday cautioned that there will be consequences for countries actively attempting to "circumvent or backfill" American sanctions against Moscow for its invasion of Ukraine and said it would not like to see a "rapid" acceleration in India's import of energy and other commodities from Russia.

Visiting US Deputy National Security Adviser Daleep Singh, referring to the "no limits" partnership between Moscow and Beijing, said India should not expect Russia to come to its defence ..
The US on Thursday cautioned that there will be consequences for countries actively attempting to "circumvent or backfill" American sanctions against Moscow for its invasion of Ukraine and said it would not like to see a "rapid" acceleration in India's import of energy and other commodities from Russia.

Visiting US Deputy National Security Adviser Daleep Singh, referring to the "no limits" partnership between Moscow and Beijing, said India should not expect Russia to come to its defence ..
The US on Thursday cautioned that there will be consequences for countries actively attempting to "circumvent or backfill" American sanctions against Moscow for its invasion of Ukraine and said it would not like to see a "rapid" acceleration in India's import of energy and other commodities from Russia.

Visiting US Deputy National Security Adviser Daleep Singh, referring to the "no limits" partnership between Moscow and Beijing, said India should not expect Russia to come to its defence ..
The US on Thursday cautioned that there will be consequences for countries actively attempting to "circumvent or backfill" American sanctions against Moscow for its invasion of Ukraine and said it would not like to see a "rapid" acceleration in India's import of energy and other commodities from Russia.

Visiting US Deputy National Security Adviser Daleep Singh, referring to the "no limits" partnership between Moscow and Beijing, said India should not expect Russia to come to its defence ..
The US on Thursday cautioned that there will be consequences for countries actively attempting to "circumvent or backfill" American sanctions against Moscow for its invasion of Ukraine and said it would not like to see a "rapid" acceleration in India's import of energy and other commodities from Russia.

Visiting US Deputy National Security Adviser Daleep Singh, referring to the "no limits" partnership between Moscow and Beijing, said India should not expect Russia to come to its defence ..
The US on Thursday cautioned that there will be consequences for countries actively attempting to "circumvent or backfill" American sanctions against Moscow for its invasion of Ukraine and said it would not like to see a "rapid" acceleration in India's import of energy and other commodities from Russia.

Visiting US Deputy National Security Adviser Daleep Singh, referring to the "no limits" partnership between Moscow and Beijing, said India should not expect Russia to come to its defence ..
The US on Thursday cautioned that there will be consequences for countries actively attempting to "circumvent or backfill" American sanctions against Moscow for its invasion of Ukraine and said it would not like to see a "rapid" acceleration in India's import of energy and other commodities from Russia.

Visiting US Deputy National Security Adviser Daleep Singh, referring to the "no limits" partnership between Moscow and Beijing, said India should not expect Russia to come to its defence ..
The US on Thursday cautioned that there will be consequences for countries actively attempting to "circumvent or backfill" American sanctions against Moscow for its invasion of Ukraine and said it would not like to see a "rapid" acceleration in India's import of energy and other commodities from Russia.

Visiting US Deputy National Security Adviser Daleep Singh, referring to the "no limits" partnership between Moscow and Beijing, said India should not expect Russia to come to its defence ..
The US on Thursday cautioned that there will be consequences for countries actively attempting to "circumvent or backfill" American sanctions against Moscow for its invasion of Ukraine and said it would not like to see a "rapid" acceleration in India's import of energy and other commodities from Russia.

Visiting US Deputy National Security Adviser Daleep Singh, referring to the "no limits" partnership between Moscow and Beijing, said India should not expect Russia to come to its defence ..
The US on Thursday cautioned that there will be consequences for countries actively attempting to "circumvent or backfill" American sanctions against Moscow for its invasion of Ukraine and said it would not like to see a "rapid" acceleration in India's import of energy and other commodities from Russia.

Visiting US Deputy National Security Adviser Daleep Singh, referring to the "no limits" partnership between Moscow and Beijing, said India should not expect Russia to come to its defence ..
The US on Thursday cautioned that there will be consequences for countries actively attempting to "circumvent or backfill" American sanctions against Moscow for its invasion of Ukraine and said it would not like to see a "rapid" acceleration in India's import of energy and other commodities from Russia.

Visiting US Deputy National Security Adviser Daleep Singh, referring to the "no limits" partnership between Moscow and Beijing, said India should not expect Russia to come to its defence ..
The US on Thursday cautioned that there will be consequences for countries actively attempting to "circumvent or backfill" American sanctions against Moscow for its invasion of Ukraine and said it would not like to see a "rapid" acceleration in India's import of energy and other commodities from Russia.

Visiting US Deputy National Security Adviser Daleep Singh, referring to the "no limits" partnership between Moscow and Beijing, said India should not expect Russia to come to its defence ..
The US on Thursday cautioned that there will be consequences for countries actively attempting to "circumvent or backfill" American sanctions against Moscow for its invasion of Ukraine and said it would not like to see a "rapid" acceleration in India's import of energy and other commodities from Russia.

Visiting US Deputy National Security Adviser Daleep Singh, referring to the "no limits" partnership between Moscow and Beijing, said India should not expect Russia to come to its defence ..
The US on Thursday cautioned that there will be consequences for countries actively attempting to "circumvent or backfill" American sanctions against Moscow for its invasion of Ukraine and said it would not like to see a "rapid" acceleration in India's import of energy and other commodities from Russia.

Visiting US Deputy National Security Adviser Daleep Singh, referring to the "no limits" partnership between Moscow and Beijing, said India should not expect Russia to come to its defence ..
The US on Thursday cautioned that there will be consequences for countries actively attempting to "circumvent or backfill" American sanctions against Moscow for its invasion of Ukraine and said it would not like to see a "rapid" acceleration in India's import of energy and other commodities from Russia.

Visiting US Deputy National Security Adviser Daleep Singh, referring to the "no limits" partnership between Moscow and Beijing, said India should not expect Russia to come to its defence ..
The US on Thursday cautioned that there will be consequences for countries actively attempting to "circumvent or backfill" American sanctions against Moscow for its invasion of Ukraine and said it would not like to see a "rapid" acceleration in India's import of energy and other commodities from Russia.

Visiting US Deputy National Security Adviser Daleep Singh, referring to the "no limits" partnership between Moscow and Beijing, said India should not expect Russia to come to its defence ..

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What is an Injunction and its classifications?

INJUNCTION 
What is an Injunction?
An injunction is a remedy granted by the Court that refrains the commission of a wrong threatened or continuance of a wrongful course of action. If a party fails to comply with an injunction granted by a court, the party could face criminal or civil penalties or contempt of Court.
When remedies such as monetary damages fail to satisfy the plaintiff, they have the remedy of injunction, which only the judges can order. When no other remedies are available, the plaintiff is compensated, and courts take non-parties like the general public into account. It was established to prevent the defendant from infringing the plaintiff's rights. When deciding whether or not to issue an injunction, courts pay special attention to the issues of fairness and good faith. Thus, we can conclude that the Indian legal system does not encourage filing an injunction application unless there is a risk of irreparable harm.
For instance, suppose X and Y live next door to each other, and loud songs are always played at 4 a.m. by Y, which irritates the X. X files a nuisance complaint against Y and requests an injunction from the Court. The Court now has complete discretion in determining whether or not to issue an injunction. A person not complying with the court order is liable for the punishment.

Classification of Injunction

Temporary Injunction: As the name suggests, it is for a temporary period and is ordered while the trial is in process. The objective of a temporary injunction is to maintain the status quo and prevent further harm to the plaintiff's legal rights. Following the trial, either the temporary injunction is changed into a permanent injunction, thereby making the temporary injunction a permanent rule, or the temporary injunction becomes dissolved, implying that the temporary injunction had no value now before the law.
Take, for example, X and Y are neighbours, and there is a dispute related to the position of the garden. Y enters the garden and plucks the flowers and fruits without X's permission. X files a suit against Y, and X can ask the Court for a temporary injunction against Y to restrict Y from further damage to X's garden. The restriction by the Court till the final judgment will be called a temporary injunction.

Permanent Injunction: A permanent injunction is a final judgment given by the Court, either restraining someone from doing something or asking them to do something. The plaintiff gets final relief from the defendant's act. The injunctions are permanent, which means following them permanently until further notice.

Take the same facts given above, X and Y, which are in dispute with the possession of the garden. The Court's final judgment by not allowing Y into X's garden is a permanent injunction.

Based on the Nature of the Order

Prohibitory Injunction: These injunctions restrict or prohibit the defendant from doing continuous wrong against the plaintiff's legal rights. This type of injunction helps the plaintiff in cases like the breach of contract and protects the disclosure of confidential information.
For example: When X was fired from his job, he threatened to reveal the company's confidential information to the public. The employer went to Court and asked for an injunction to prevent him from doing so. That is to say, X will not reveal those details in the future. This type of injunction is known as a prohibitory injunction.
Mandatory Injunction: It prevents a defendant from continuing wrongdoing that occurred before issuing the injunction. A mandatory injunction, for example, requires the defendant to return the property to its rightful owner. However, the Court issues a mandatory injunction in rare cases. Under this injunction, the Court can order or direct someone to act, such as undoing an action or asking a person or corporation to act. When issuing a mandatory injunction, the courts would consider whether the plaintiff could be compensated fairly or whether the injunction was required to do justice.
For example, if A falsely possesses B's goods, B can seek a mandatory injunction, which allows the Court to order A to return B's property to B.
    
Mareva Injunction: It is used in extreme cases to freeze a defendant's assets. The Court order prevents the defendant from removing or disposing of his assets until the Court issues another order or the trial is over. The plaintiff must also show the Court that the defendant's 'intention' is to remove his assets to avoid his obligation.
For example, suppose Y and Z are involved in a property ownership dispute. Thus, if the Court wants, it can issue a Mareva injunction against the parties, limiting their possession of the property until the final judgment is declared.

Conclusion 
Tort law deals with civil wrongs, and monetary compensation is sometimes insufficient to cover the plaintiff's needs and damages. Punishing the defendant harshly for civil wrongdoings is not a good idea. In such cases, remedies such as injunctions can be beneficial. Injunctions are also used with caution by judges, and when the party seeking the injunction can show that the Court's refusal to grant them will result in irreparable harm. If the defendant is infringing the plaintiff's rights, the plaintiff should come to Court with clean hands and a clear mind and request an injunction. Therefore, if the plaintiff has no personal interest in the matter, then the issue of injunction cannot be possible.
  


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Deficiency of Service under the CPA, 2019 with case laws

DEFICIENCY OF SERVICE UNDER THE CONSUMER PROTECTION ACT & ITS APPLICABILITY TO EDUCATIONAL INSTITUTIONS AND COACHING CENTRES

INTRODUCTION

We all have certain expectations regarding the goods and services we avail. Sometimes the products or services taken by us are totally out of our expectations. But what if we want to get redressal for the lack of worth that we have experienced? How do we know for us as a consumer whether any right arises or not? We have a separate mechanism named "The Consumer Protection Act, 2019," which replaced the old "Consumer Protection Act, 1986".

The Deficiency of Service is entertained only if the grievance is about the service. In this article, the author explains the different types of services, deficiencies, and the various conditions required to be fulfilled to claim damages under the Act. Lastly, educational institutions and coaching centres are part of CPA will also be discussed.

THE CONSUMER PROTECTION ACT, 2019

Deficiency of service refers to the lack of quality, worth, or authenticity that the buyer did not expect from the seller during the transaction. In other words, when we find a discrepancy in the quality, functions, or features that were advertised and the actual product, it is nothing but "a deficiency of services Consumer protection is one of the torts that is codified as "Consumer Protection Act, 2019, also referred to as CPA, 2019, and earlier as "Consumer Protection Act, 1986". When any consumer or person availing the service is dissatisfied or finds his civil right being injured, he can claim damages under deficiency of services under the ambit of the Consumer Protection Act, 2019.

This Act comprehensively deals with situations that may arise in a real-life scenario and is the main instrument for consumers to get their grievances redressed. The introduction of the Consumer Protection Act, 2019 says it is "An Act to provide for the protection of the interests of consumers and the said purpose, to establish authorities for timely and effective administration and settlement of consumers disputes and matters connected therewith or incidental thereto."

The first question that strikes our mind while reading this is "who is a consumer". The consumer in simple terms is a person or entity who is availing of a service or is buying a product for use. But it is not as simple as we might think. Clarification on who falls under the category of the consumer is given in Section 2(7) (i) & (ii) of CPA, 2019. After reading this section, we obtain the following information-

Firstly, a consumer is a person or entity to "buys" or "hires or avails" a service or good. It excludes gifts or things obtained as a favour. Secondly, under the definition of consumer in the Act, goods for resale or any commercial purpose are not included. Lastly, the new Act now also includes electronic services and teleshopping. The services include banking, railways, transportation, entertainment, legal aid, education, etc.

DEFICIENCY OF SERVICE

The next question after knowing a consumer is "what is meant by deficiency." As per the definition provided in Section 2(11) of The Consumer Protection Act, "deficiency" 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 about any service and includes—

(i) any act of negligence or omission or commission by such person which causes loss or injury to the consumer; and,

(ii) deliberate withholding of relevant information by such person to the consumer.

Deficiency includes the worth or potential which was claimed by the seller or service provider but was not present. But there are a few important prerequisites required to be fulfilled to claim deficiency of service. The first is that the service should not be free of cost. Second, there should be concealment/commission/omission of the seller, and this must lead to any injury or loss to the consumers. Third, the "personal service contracts", which mean contracts to deliver private services, for example, master-servant relations, contractor services, and landlord-tenant relations. The reason is under a personal service relationship, the service can be discontinued at any time as per the will, and he does not need to approach Consumer Forum. The burden of proof of deficiency is on the consumer who needs to prove that the service was deficient.

EDUCATIONAL INSTITUTIONS AND LACK OF ACCOUNTABILITY

Education as a business is a booming sector, and it has attracted a lot of attention from people all over the world. Coaching and Tuition classes have become an integral part of every student's life. The coaching centres claim to provide the best faculty, facilities, and results to lure students. They pay a huge amount to get the best possible education, but when they find a deficiency of service from educational institutions, they are confused. Earlier education was not a business and was provided most of the time free without any consideration. But now, it has become a business. With this, the exploitation of students and their guardians has also increased. The definition is given in CPA, 2019, which describes service as "service of any description made available to potential users". The use of the words 'any' for the services included within the definition signifies every service capable of contemplation, including services not specifically enumerated in the inclusionary part of the definition. And after this, a non-exhaustive list of activities is given. In connection with education, a person pays some consideration to a teacher or institution, and expects some benefit, for example, good grades and success in exams. It clarifies the doubt that education is a "service" under the CPA, 2019. But we see a trend in Indian courts of showing reluctance to recognize "educational institutes" as service providers under CPA. However, this does not mean that all educational institutes are exempted from this.

A few cases relating to this are: -

Bhupesh Khurana v. Vishwa Bhudha Parishad- In this case, fraud or misrepresentation of facts was done by the university as it had shown itself as an affiliate of the Dental Council of India and Magadh University Bihar. Whereas, in reality, it was seeking affiliation. They committed fraud by misrepresenting facts, and the Court held that education is a service and the students are consumers under the Act.

P T Koshy v. Allen Charitable Trust- In this case, the Supreme Court held that educational institutions should be assessed on their

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A LEGAL REVIEW OF THE PRINCIPLE OF LOCUS STANDI AND ITS LIBERATIONS IN THE CURRENT TIME


A LEGAL REVIEW OF THE PRINCIPLE OF LOCUS STANDI AND ITS LIBERATIONS IN THE CURRENT TIME

INTRODUCTION
The Constitution of India guarantees every citizen of the country Fundamental Rights. These rights are inalienable human rights, the violation of which creates a remedy according to law. With such remedy comes the principle of Locus Standi that allows an aggrieved person to appear before and be heard by the court. A person can initiate a lawsuit once they validate in the Court of law that they have an ample link or cause of action to appear in the Court.
This article strains the starting place and improvement of PIL in India and seeks to investigate how PIL got here to India because of the judicial activism of a few judges and their initiative to supply social justice powerfully. Thus, we get to apprehend via this article how the idea of Locus Standi and PIL is needed within the Indian society.


LOCUS STANDI
Locus Standi is a Latin legal maxim that translates to the 'Right to appear and be heard before the Court.' The principle allows an aggrieved person to appear before the Court and institute a lawsuit. A person can validate in the Court of law that they have an ample link or cause of action to appear in the Court. The aggrieved party can prove to the Court that their rights have been violated and are distressed in a legal sense.
 
The plaintiff needs to prove that they suffered harm. Or else, the Court concludes that the plaintiff lacks standi or standing to bring the suit to action. In such a case, the case is dismissed by the Court without even hearing the merits of the case or considering the authenticity of the allegations and claims.
Under both the legal systems, adversarial and inquisitorial, the Courts allow only the persons who have been aggrieved or deprived of their legal rights, as against the procedure established by law. Thus, the principle of Locus Standi is a long-standing and widely accepted one.
But this age-old principle is going through some extraordinary changes with the progress over time. The most revolutionary exception to the principle is the Public Interest Litigation (PIL). 


THE EXCEPTIONS TO THE LOCUS STANDI PRINCIPLE
In recent years, the Supreme Court has relaxed its locus standi principle and allowed flexibility in the rule to expand the scope of litigation by considering the rights and issues of the marginalized and underprivileged sections of society. The judiciary has used two primary tools for this purpose, namely the PIL and Suo Moto Cognizance.
 

PUBLIC INTEREST LITIGATION 
Public Interest Litigation (PIL) or Social Action Litigation or Janhit Yachika is a form of litigation introduced by Justice P.N. Bhagwati that aims to secure the interest of the general public. PIL is an easement on the principle of locus standi. It is a means to demonstrate at a large scale that justice shall be available to even the underprivileged ones. In a PIL, the Court allows public activists and civil society corporations to approach the Court on behalf of the sufferers for higher management of justice and delivery of justice on a larger scale. 
The first-ever PIL is indexed as Hussainara Khatoon v. the State of Bihar and dates back to 1979. A public activist attorney filed this case on behalf of a group of prisoners in the Bihar prison towards the inhuman conditions of the prison. A Supreme Court bench headed by Justice P.N. Bhagwati declared the right to free legal aid and expeditious trial of the prisoners, which led to their release. 
Since then, the PILs have encompassed numerous troubles, including child abuse, child labour, bonded labour, atrocities against women like rape and sexual violence, kidnapping, murder, refusal to pay minimum wages to workmen, persecution of the socially and economically backward sections of the society – especially children and women, complaints against police, cases relating to environmental protection, etc.
However, with the practice and growth of PILs, they have been increasingly misused for personal gains and caused frivolous litigations to surface. They have also been criticized for judicial over-reach and for stepping into the shoes of the legislature.


SUO MOTO COGNIZANCE
Suo Moto is a Latin phrase meaning "on one's own." Suo Moto Cognizance is when the courts take matters or a case into their hands at their discretion and not because of a plea. It is the most common and most effective form of judicial activism indulged in by courts these days. The courts usually take these matters after receiving information about breaches and rights violations from the media or third-party notifications. The High Courts and Supreme Court have commenced playing the function of highlighting diverse social troubles and taking action for speedy justice towards them on their own. The courts have grown to be lead social activists through giving hobby to society's paramount significance and instituting prison moves towards the State's failure to uphold and guard the rights of its citizens.
These two litigations are the only instances where courts overlook the principle of Locus Standi for the expansion of the delivery of justice in a largely generic and more covered manner while trying to deliver speedy justice.


LANDMARK JUDGEMENTS CONCERNING LOCUS STANDI
 
Following are the landmark cases of the Indian Judiciary where the courts have reiterated the importance and significance of the concept of Locus Standi and exercised the exceptions to the principle.
 
S.P. Gupta v. Union of India, 1982: In this case of the year 1981, the Supreme Court held the importance of the principle of Locus Standi. It was held that any individual approaching the Court should have a proper interest in the causation of the case, thus constituting Locus Standi. It was also held that where a legal wrong or an injury is caused to a person or a determinate class of persons because of a violation of any constitutional or legal right or any burden is imposed in contravention of any constitutional or legal provision or without the authority of law or any such legal wrong or legal injury, or illegal burden is threatened, and such person or determinate class of persons is because of poverty, helplessness or disability or socially or economically disadvantaged position, unable to approach the court for relief, any member of the public can maintain an application for an appropriate direction, order or writ in the High Court under Article 226, and in case of breach of any fundamental right of such person or a determinate class of persons, in the Supreme Court under Article 32 seeking judicial redress for the legal wrong or injury caused to such person or determinate class of persons."
 
 
Hussainara Khatoon v. Home Secretary, State of Bihar, 1979: In this landmark judgment of the Supreme Court, the bench headed by Justice P.N. Bhagwati recognized the human rights of prisoners and guaranteed free legal aid from the State and a speedy trial for the administration of justice. The case revisited and expanded the scope of Article 21 guaranteed to prisoners and the scope of the Writ of Habeas Corpus under Article 32 of the Constitution of India. 
In this case, the principle was Locus Standi was ignored for the first time and marked the first-ever PIL in India. Advocate Kapila Hingorani was regarded as the 'Mother of Public Interest Litigation in India'.  
 

CONCLUSION
 
"Law, as it is said, is dynamic."
~Anonymous
 
The Constitution of India guarantees every citizen of India the right to approach the Court in case of any infringement of their Fundamental Rights under Article 32. The concept and importance of the rule of Locus Standi have undergone various elucidations in recent times. The traditional conception regarding locus standi is that judicial redress is available to a person who has suffered a legal injury because of a violation of a legal right. Nevertheless, Courts have now acknowledged that where there has been a violation of constitutional or legal rights of people who are unable to approach the court for judicial redress because of their socially or economically disadvantaged position; a member of the public can move the court for enforcement of such rights of the person, thus making a shift in the principle of Locus Standi. 





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