Monday, March 16, 2020

Mere transfer of vehicle does not end liability to a third person.

In an important judgment, the Honorable Supreme Court has held that, merely by transferring the motor vehicle, the registered owner of the vehicle does not stand absolved of his liability to third persons under the Motor Vehicle Act, 1988.    
So, long as his name continues as owner of vehicle in the records of the RTO, he remains liable to the third persons. 
In the case of Prakash Chand Daga v. Saveta Sharma (2019) 2 SCC 747, the honorable court elaborately discussed the provisions of sections 50 and 2(30).   

Section 50 in The Motor Vehicles Act, 1988

50. Transfer of ownership.—
(1) Where the ownership of any motor vehicle registered under this Chapter is transferred,—
(a) the transferor shall,—
(i) in the case of a vehicle registered within the same State, within fourteen days of the transfer, report the fact of transfer, in such form with such documents and in such manner, as may be prescribed by the Central Government to the registering authority within whose jurisdiction the transfer is to be effected and shall simultaneously send a copy of the said report to the transferee; and
(ii) in the case of a vehicle registered outside the State, within forty-five days of the transfer, forward to the registering authority referred to in sub-clause (i)—
(A) the no objection certificate obtained under section 48; or
(B) in a case where no such certificate has been obtained,—
(I) the receipt obtained under sub-section (2) of section 48; or
(II) the postal acknowledgment received by the transferee if he has sent an application in this behalf by registered post acknowledgment due to the registering authority referred to in section 48, together with a declaration that he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any direction subject to which such certificate may be granted;
(b) the transferee shall, within thirty days of the transfer, report the transfer to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward the certificate of registration to that registering authority together with the prescribed fee and a copy of the report received by him from the transferor in order that particulars of the transfer of ownership may be entered in the certificate of registration.
(2) Where—
(a) the person in whose name a motor vehicle stands registered dies, or
(b) a motor vehicle has been purchased or acquired at a public auction conducted by, or on behalf of, Government, the person succeeding to the possession of the vehicle or, as the case may be, who has purchased or acquired the motor vehicle, shall make an application for the purpose of transferring the ownership of the vehicle in his name, to the registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, in such manner, accompanied with such fee, and within such period as may be prescribed by the Central Government.
(3) If the transferor or the transferee fails to report to the registering authority the fact of transfer within the period specified in clause (a) or clause (b) of sub-section (1), as the case may be, or if the person who is required to make an application under sub-section (2) (hereafter in this section referred to as the other person) fails to make such application within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the transferor or the transferee, or the other person, as the case may be, to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding one hundred rupees as may be prescribed under sub-section (5): Provided that action under section 177 shall be taken against the transferor or the transferee or the other person, as the case may be, where he fails to pay the said amount.
(4) Where a person has paid the amount under sub-section (3), no action shall be taken against him under section 177.
(5) For the purposes of sub-section (3), a State Government may prescribe different amounts having regard to the period of delay on the part of the transferor or the transferee in reporting the fact of transfer of ownership of the motor vehicle or of the other person in making the application under sub-section (2).
(6) On receipt of a report under sub-section (1), or an application under sub-section (2), the registering authority may cause the transfer of ownership to be entered in the certificate of registration.
(7) A registering authority making any such entry shall communicate the transfer of ownership to the transferor and to the original registering authority, if it is not the original registering authority.

Section 2(30) in The Motor Vehicles Act, 1988

(30) “owner” means a person in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire-purchase, agreement*, or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement;

Sunday, March 15, 2020

Roadies and Fake Feminism.

While people around the world are afraid of global mayhem caused by COVID-19 commonly known as Coronavirus, there was another news that hit the social media and Twitter. 
As you have already gone through the heading of this blog post, I may presume that you have got the hint of what I am talking about. While, the COVID-19 has brought the SENSEX and NIFTY at its knees, the shows like Roadies and their judges Neha Dhupia and Nikhil Chinapa have brought the entertainment industry at its knees. 
Recently, during audition of Roadies Revolution, a contestant confessed that he slapped her lover, when he found her cheating upon him and other boys as well. Listening to this, Neha and Nikhil abused him and blamed him for entire issue. According to Neha, it was her (lover of the poor guy) choice and she is free to have as many relationships as she likes They even came to the point that he didn't deserve loyalty'even from his dog
I am not saying that what he did was right. But what the judges did was not equally right. 

Is feminism all about using violence and vulgar language by women?

Use of violence and vulgar language may boost up the TRP of the show. But my dear friends, those who hold the opinion "Neha ne sahi kiya", must know one thing that feminism is not all about using abusive words against boys and using violence against them (considering them as a class) by women. Its about empowering women to bring about positive outcomes in the society.

Our shows, their shows.

In 1976, the legendary film maker and one of the best film directors in the world, Sir Satyajeet Ray got his work published. It was named Our Films, Their Films. I am not certain about the contents of the book. But I am sure that if he had been here amongst us today, he would have lamented at situation. Rather he would have written a new critique on TV shows and would have named it Our Shows, Their Shows. 
If we have to promote feminism, it should be through shows based on the lives of eminent scientist like Kalpana Chawla or sports persons like Hima Das, PV Sindhu, Deepa Mallik.

If you want to know how Hollywood promotes feminism, I will suggest you to watch the espionage series Homeland. Its about the life of a CIA officer, who is always ready to sacrifice her life for the mission of her country.  

Wednesday, February 20, 2019

Rooms that decide your day. Unlock carefully.

Most of us know that a human heart has 4 separate chambers. But rarely anyone has observed that a human brain has infinite number of rooms. I am not talking about right hemisphere or left hemisphere. I am talking about virtual chambers that have been build up by owner of the house (brain).
These rooms are occupied by memories, goals, dreams, emotions, pains and other feelings. 
How joyful or painful our next moment or time will be is determined by these rooms. If we let our thought or feelings enter in a room full of some adorable memories, our next moment becomes full of pleasure and feels like staying there for good. 
On the contrary, if we let our thought enter a room, whose walls have painting of failure or some other painful memories, the next moment becomes terrible and even though that thought may try to flee that room, it may find itself shackled there.
Similarly, there is one room called "ambition room", which is gymnasium or classroom of our thoughts. When our thought enters here, he is taught how to proceed further.

So, we must try to lock the rooms which are shelter of pain, torture and negativeness. We can not demolish these rooms. These rooms are permanently built in the house. These can be demolished only when the entire house undergoes some accident. 
What we can do is only lock these rooms and throw the keys where it is hard to find them. Apart from this, we must persuade or force our thoughts to spend a large part of entire day in ambition. Because it is this room that will decide the fate of next coming moments