Covid-19: The Supreme Court can say no in the case of the moratorium

The Supreme Court on Monday indicates not to provide any help that petition. The action was taken for an interest-free loan moratorium for six months or until the Covid-19 situation subsides.

The bench consisting of Justice Bhushan and M R Shah made this observation while talking among themselves. This action was taken as the petitioner's lawyer Vishal Tiwari was not connected with the video conference.

The trial was postponed to June 11 because Tiwari was not in line to debate his case. The moratorium for considering the loss of business opportunities and unemployment due to the second wave of Covid-19.

Speaking among themselves, Judge Bhushan asked his colleague judge, said, "Have you ever seen a prayer, brother?"

Justice Shah said, "Yes. We cannot grant it. Representation can be allowed to be made to RBI."

Attorneys in Madras High Court: Covid-19: The Supreme Court can say no in the case of the moratorium

The petition said the center and its ministries concerned as well as the Reserve Bank of India (RBI) have failed to help in this situation. They failed for sectors and individuals whose sustenance and existence are under the clouds.

 

"There is no such help and monetary package that has been stated by sovereignty. They were not discussed the time that is emphasized. People are under extraordinary pressure to pay EMI's. They are always under the threat of accounts may be declared as an NPA," said the petition.

Furthermore, it argues that without salary, it turns out it becomes a hopeless situation for individuals. "RBI at 6-5-2021 has issued a circular for a resolution plan 2.0. In which cannot be said to be adequate help for all in the current situation to be arbitrary, unfair and eyewash," petition adds

The RBI circular stated, introducing a resolution plan for stressed micro, small and medium enterprises  (MSMEs). The circular described for the borrowers during the second wave of Covid-19. 

Property of every citizen or company

Showing the RBI circular on August 6, last year provided loan restructuring facilities during the first wave of Covid-19.  The petition prayed for the same help. And requested immediate action in the current situation.

Prayer is to direct that no bank or financial institution must act. They must act against the property of every citizen or company for a period of six months. They must not act against non-loan payments and no account stated as a non-performing asset (NPA) for six months.

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An overview of the Right to Information Act, 2005

The Right to Information Act, 2005 was enacted with a view bring about transparency in the functioning of the Government Institutions in India. This Act is considered to be a revolutionary law enacted in the history of the Indian Laws since it was the first ever law which opened up the government departments and organizations to be scrutinized by the people.

An individual can seek information about any act or functioning of any government organization and the organization is bound by law to provide the information within the time span of 30 days failing which a fine will be imposed on the officer-in-charge of the organization or the department.

 

 

How to file RTI?

The law does not provide for any strict or cumbersome procedure for filing an RTI. It has been kept exceptionally simple and hassle-free. All that a person is required to do is write an application in the official language of the State may be in the format specified by the State Government. the application is to be addressed to the Public Information Officer of the department where from the information is required to be gathered.

The application is to contain all the specific questions and queries which is to be followed by the name and other details including the contact and the address details of the person. The Act is people friendly and makes a provision which states that if a person is illiterate then the same may tell all his requirements to the officer and the officer is bound to write it for such a person. The facility for an online application is also available for the masses.

Organizations required to give information under the Right To Information Act, 2005;

The Act mandates that various Government agencies be it the agencies belonging to the State Government or the Central Government come within the ambit of this Act. The list is highly exhaustive. The Act is formulated because a taxpayer’s money is spent.

Organizations exempted from the Right To Information Act, 2005;

The Act makes an exemption regarding twenty organizations to which the Right To Information Act does not apply. These organizations are related to the nations defense and intelligence services.

Also, the information regarding the following has been exempted under the Act;

1. Information relating to the national security, sovereignty, strategic, economic and scientific interest.
2. Information specifically ordered by the court not to be disclosed.
3. Information pertaining to the trade secrets and the intellectual property which may be considered to harm the position of some other party.
4. Information gathered under the fiduciary relationship.
5. Information pertaining to the Government information.
6. Information threatening the security and safety of the person.
7. Information that would create hindrances in the process of investigation.
8. Information pertaining to the cabinet papers.
9. Personal information not relating to the public interest.

The Act, however, provides an exemption the member of the Parliament and the State Legislatures stating that any information cannot be denied to them. The RTI Act serves as a watchdog over various organizations creating transparency and minimizing the menace of corruption.

DAILY LEGAL UPDATES IMPORTANT DECISIONS (25.Jan.2018)

DAILY LEGAL UPDATES IMPORTANT DECISIONS
(25.01.2018)

Agreement to sell - 

Not containing recital of delivery of possession - Not compulsorily registrable. (2017(1) Civil Court Cases 130 (P&H)

Consumer -  

Written statement - To be filed within 30 days of receipt of copy of complaint - Extension of 15 days can be granted but not beyond that. (2016(1) Apex Court Judgments 022 (S.C.)

Contraband - 

Mentioning of FIR number, Provision of law, at the top of consent memo and dissent memo - Fortifies contention of accused that these documents were prepared at later stage either in the police station or after recovery was affected - It points to falsity of case of prosecution - Accused acquitted. (2017(4) Criminal Court Cases 727 (P&H)

Default bail 

- Presentation of challan during pendency of application seeking default bail, does not take away the right of default bail. (2014(1) Criminal Court Cases 353 (P&H)

Dishonour of cheque 

- Cheque issued towards payment of banned chit fund business running without any license -  Accused, is not liable as said liability or debt is not legally recoverable debt.  (2016(1) Criminal Court Cases 262 (P&H)

Dishonour of cheque - Loan -  Proof of required funds to advance money has to be proved. (2014(1) Apex Court Judgments 020 (S.C.)

Investigation 

- When  Magistrate comes to conclusion that on facts no cognizable offence is made out, he can opt not to send complaint to police authorities for registration of case. (2017(4) Criminal Court Cases 861 (P&H)

Judgment on admission 

- Categorical admissions - Litigation should not be permitted to linger on. (2016(1) Civil Court Cases 308 (Delhi)

Recall of summoning order 

- Magistrate has no power to review its own order. (2014(1) Apex Court Judgments 132 (S.C.) 

Rejection of plaint 

- Expression `barred by any law' - `Law' includes judicial decisions of the Apex Court. (2017(3) Apex Court Judgments 764 (S.C.) 

Relief 

- Only that relief can be granted which is claimed by plaintiff in the plaint. (2017(3) Apex Court Judgments 773 (S.C.)

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