Notice Of Non-Party Production Of Documents: Fill & Download for Free

The word “subpoena” comes from “suppena”, Middle English and “sub poena”, Latin, both meaning “under penalty” It is interesting to note that even though the word has English roots, in England the term subpoena is no longer used but the phrase “written summons” is used instead. Actually, “written summons” is a good, brief description as the definition, according to Wikipedia, is “…a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure.” There are two types of subpoena, (1) Subpoena ad testificandum which demands a person testify in court in person or sometimes over the phone. (2) Subpoena duces tecum which demands corporation or person to show physical evidence in court. This type of subpoena is sometimes used to require copies of needed documents to be mailed to a requesting party such as an attorney or sent directly to the court. Both types of subpoenas must be complied with or the party being subpoenaed may face a penalty.The clerk of court usually issues a subpoena in the name of the judge presiding over the case. As an officer of the court, an attorney can also issue a subpoena for reasons such as a deposition or court appearance. It is the responsibility of the attorney to fill out the subpoena and see that it is served, usually by a person such as a sheriff’s deputy or process server. This type of non-party service is used as proof in court that a party has indeed been served. A subpoena will have the name and address of the person being served and will instruct the receiver to report to a particular court or place of deposition or have the required documents available, on a given date and time. In some jurisdictions, it will also remind the party being served that failure to appear or submit required documents is a crime and will be treated as such.There are a few reasons a person does not have to accept the subpoena. These can include, when proven, the evidence required is privileged or confidential, the witness or evidence has no relevance to the proceedings, and/or in fact the person being subpoenaed has no evidence to present. In some states (Florida being one), the subpoenaing party must file a Notice of Intent to Serve Subpoena, or Notice of Production from Non-Party 10 days before issuing the subpoena. This is done to allow the other party time to file objections when appropriate.If a person is representing themselves a court clerk will officially issue the subpoena forms when witness testimony or documents are needed. This is important as documents not properly subpoenaed or verified by a witness will be considered hearsay unless accepted by a judge excepted by hearsay rules.Should you receive a subpoena it is important to comply with whatever is asked of you? If you have questions or feel you should not have been subpoenaed, it is wise to consult with a legal professional. As mentioned above, some jurisdictions consider a failure to appear or provide subpoenaed documents a criminal act and will adjudicate consequences.For more Details: It is Important to Understand the Term Subpoena and What it Does

Investor Relations in India is at a very nascent stage, there are quite a few regulations overlooking Investor Relations in India. IR as a function is a strategic responsibility which integrates Finance, Communication, Marketing and Security Law Compliance.On 2nd September 2015, SEBI (Securities & Exchange Board of India) came out with guidelines covering certain aspects of Investor Relations titled Securities & Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015. Following were the points which were highlighted in the Gazette:The listed entity shall maintain a functional website containing the basic Information about the listed entity.E.g. terms and conditions of appointment of independent directors, composition of various committees of board of directors, policy on dealing with related party transactions, financial results-on conclusion of the meeting of the board of directors where financial results were approved.Schedule of analyst or institutional investor meet and presentations made simultaneously with submission to the stock exchange.Advertisement in newspaper (also reflecting on the IR section of the website)E.g. notice of the meeting of the board, financial results as specified in regulation (33)Disclosure of information having bearing on performance/operation of listed entity and/or price sensitive information.E.g. any price sensitive information or any action that shall affect payment of interest or dividend of noon-convertible preference shares or redemption of non convertible debt securities or redeemable preference sharesEvents which shall be disclosed without any application of the guidelines for materiality as specified in sub-regulation (4) of regulation (30)E.g. Acquisitions (including agreement to acquire), scheme of arrangement (amalgamation/merger/demerger/restructuring) or sale or disposal of any units, divisions or subsidiary of the listed entity or any other restructuring.Events which shall be disclosed upon application of the guidelines for materiality referred sub-regulation (4) of regulation (30)E.g. commencement or any postponement in the date of commencement of commercial production or commercial operations of any unit/division, change in general nature of business.Disclosure in financial resultsE.g. changes in accounting policies if any shall be disclosed, if the auditor has expressed any modified opinions and/or reservations in respect of audited financial results.Management discussion and analysis. This section shall include discussion on the following matters within the limits set by the listed entity’s competitive position.For detailed reading one can also refer to the official document released by SEBI [1]Footnotes[1] http://www.sebi.gov.in/cms/sebi_data/attachdocs/1441284401427.pdf

Online non litigation complaint:Grievances Against Misleading Advertisements (GAMA) of the Department of Consumer Affairs under the Government of India.Overcharging from MRP:Write a letter to the vendor asking for the the bill-receipt for items purchased. You can write to FSSAI (if food), Legal Metrology department, municipality granting business/commercial license, and the police and (income, GST) tax authorities for investigation, as the vendor may be duping other customers too.Now, coming to the Consumer Protection Act, 1986Who can file a consumer complaint?A person who can file a complaint (and be called a complainant) is:· a consumer which is defined u/s. 2(1)(d) of the Consumer Protection Act· any voluntary association registered under the Companies Act, 1956 or under any other law for the time being in force· the Central or any State Government· one or more consumers if there are numerous consumers having the same interest· in case of death of a consumer, his heir or representativeWhat is a consumer complaint?A consumer complaint is defined u/s. 2(1)(c) of the Consumer Protection Act to include most wrong doings against consumers. Section 2(1)(c) has a long list. According to Section 13(3A), every complaint shall be heard as expeditiously as possible and endeavour shall be made to decide the complaint within a period of three months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within five months if it requires analysis or testing of commoditiesWhat is an execution application?After an Order (interim Order) or Judgment (final Order) requires any of the parties to do anything (especially within a time-limit), but the relevant party does not comply with the directions, execution applications may be made to further pursue the said directions. These are of two types. Section 25 can be said to be a civil execution application, whereby property of the erring party may be attached (first as a threat to be taken seriously) to secure compliance of the directions. If the property is attached, and 3 months after such attachment the directions are still not complied, the attached property may be sold and its proceeds may be used for the purpose of compensation. The second type of execution is Section 27, which can be said to be a criminal execution application where the penalty is imprisonment for a term between one month and 3 years, or with fine which between Rs. 2,000/- and Rs. 10,000/-, or with both (imprisonment + fine). Section 27 Orders may be appealed from District to State, State to National, and from National Commission to Supreme Court within 30 days from the day the Order was passed.What are some tips to filing a consumer complaint?Some tips before filing, and to file, a consumer complaint are:· In Maharashtra, e-filing for litigation is available : Best Consumer Grievance Portal of Maharashtra· General procedure followed by consumer courts: Mithil Vinod Sampat's answer to What is the procedure followed in consumer court after filing the complaint till its disposal?· Please try to seek adequate legal counsel; specifics matter and Quora question is insufficient to explain an aggrieved party’s cause of action.· Confirm first that you are a ‘consumer’ within the meaning of Section 2(1)(c) of the Consumer Protection Act. Although livelihood is not commercial in nature, commercial users cannot maintain a consumer complaint, i.e., purchase of goods or avail of services for resale or a ‘profit’ or ‘business motive’. Whether a particular good or service is for a commercial motive or not would depend on the facts of the case· Confirm whether the subject-matter complained of falls within the purview of ‘goods’ u/s. 2(1)(i), or “service” u/s. 2(1)(o) of the Consumer Protection Act. Further, there must be some kind of “defect” u/s. 2(1)(f), “deficiency” u/s. 2(1)(g), “restrictive trade practice” u/s. 2(1)(nnn), “spurious goods and services” u/s. 2(1)(oo), or “unfair trade practice” u/s. 2(1)(r) of the Consumer Protection Act, for consumer complaint to succeed· Preserve all communication / correspondence with the Opposite Parties· Notice of some sort in writing to the Opposite Parties should be given highlighting the grievances of the consumer. The said notice should be given to all the relevant Opposite Parties· Preserve all postal acknowledgements of letters posted and all other documents and paperworks as may seem to be relevant for a consumer complaint· Identify the ‘cause of action’. Cause of action means the reason or ‘cause’ because of which you have to file the consumer complaint· In the consumer complaint, implead all the relevant Opposite Parties, because non-joinder of parties can be fatal to the consumer complaint· Identify if the complaint is a ‘representative complaint’, i.e., where there are numerous consumers having the same interest. If so, seek permission of the Court after filing case to implead other persons having benefit from the same cause of action, and if Court grants permission, one may inform and invite such other persons· In the complaint you have mentioned with proper arguments : the introduction of the parties, that the complaint is not time barred, that the complaint is filed in the correct jurisdiction· Copies of all relevant documents must be evidenced in an organized format. Explain how you would like it to be explained to you. It is always advisable to get the documents attested by notary or by self-certification as ‘certified true copy’, because it is better evidence and one can take a stand in Court that one is being totally truthful· Mention a precise and specific gist / summary of complaint explaining in extremely few lines why the Opposite Parties are liable, and what provisions are violated, and what wrong-doings have been done by the Opposite Parties.· Once summons on the Opposite Parties are served, they should enter appearance in the Court within 45 days of summons reaching them. If this does not happen, complainant must insist for ‘ex parte’ hearing, meaning “without the party”. Preserve postal acknowledgement of summons’ post because otherwise you will have to re-send the summons for the sake of the postal acknowledgement, and the 45 days countdown will refresh· Do not miss Court hearings, and keep track of all important events in Court hearings, eg., when any directions to either parties have been given, when Opposite Party is absent, deadlines, etc.· Consumer Court has power to summon, enforce attendance of any defendant, and also to summon and enforce attendance of, and examine on oath, a witness. Court also has the power for discovery and production of any document or other material object producible as evidence. Court also has the power of reception of evidence on affidavits. Court also has the power of requisition of report of an analysis or test from a laboratory or other relevant source. Court also has the power for issuing of any commission for the examination of any witness (i.e., deposition of witnesses who are beyond territorial jurisdiction). All these are powers are for hearing of consumer complaints· Consumer Court has the power, if satisfied, to direct the removal of defects, replacement of goods, return of price/charges, award compensation, discontinue unfair/restrictive trade practice, not to offer/withdraw/cease manufacturing of hazardous goods for sale, issue of corrective advertisement to neutralize the effect of misleading advertisement at cost of erring party, to provide for cost. All these powers are for judgment and passing orders· Any Order of the District Forum may be appealed to the State Commission within 30 days (upon payment of costs, if required by the Order being appealed)· Frivolous complaints may be dismissed quickly with costs upon the complainant· Get acquainted with the http://confonet.nic.in website, and learn how to check your case status, roznama’s, judgments and causelists· Keep updating yourself with the ‘roznamas’ (also called ‘daily orders’). Roznamas are summaries of each hearing written by the Judges in their records. One should not only be acquainted with the roznamas of their consumer complaints, but also during the hearings, they should ensure that their strongest and other important points should be written in the roznamas by the Judge. One should verify the roznama before that day’s hearing ends, because one’s important points should not be left out from that day’s roznama· Seek help from Consumer Protection Councils and Consumer Protection NGO’s which can be found from Google and from the Consumer CourtsWhat is the jurisdiction of the District Forums?To file a consumer complaint within a District Forum, the consumer must satisfy the pecuniary and territorial jurisdictions. The pecuniary jurisdiction of the District Forums is to hear cases for the value of goods or services + compensation not exceeding Rs. 20,00,000/-. The territorial jurisdiction (in whose territory should the complaint be filed) is as under:· in the jurisdiction where the opposite party or all of the opposite parties (at the institution of the complaint) actually and voluntarily reside or carry on business or have a branch (defined by section 2(1)(aa) of the Consumer Protection Act) or personally work for gain, or· if there are multiple opposite parties, the in the jurisdiction of any of the opposite parties, but only if the permission of the Court is granted (for which an application to seek permission to implead other opposite parties has to be filed, argued and accepted by the Court), or· in the jurisdiction where the cause of action wholly or in part arisesWhat is the jurisdiction of the State Commission?The State Commission has the jurisdiction to hear appeals of Orders of the District Forums within 30 days from the day the Order was passed (upon payment of costs, if required by the Order being appealed). An appeal filed shall be heard as expeditiously as possible and shall be tried to be disposed of within 90 days from its admission, failing which, reasons shall be recorded in writing. No adjournment in an appeal shall be granted unless sufficient cause is shown and reasons are recorded in writing. Costs for adjournment may be made. Independent of any appeal (and for original consumer complaints) the pecuniary jurisdiction of the State Commission is to hear cases for the value of goods or services + compensation between Rs. 20,00,000/- and Rs. 1,00,00,000/-. The territorial jurisdiction of the State Commission (for original complaints as well as appeals) is as under:· in the jurisdiction where the opposite party or all of the opposite parties (at the institution of the complaint) actually and voluntarily reside or carry on business or have a branch (defined by section 2(1)(aa) of the Consumer Protection Act) or personally work for gain, or· if there are multiple opposite parties, the in the jurisdiction of any of the opposite parties, but only if the permission of the Court is granted (for which an application to seek permission to implead other opposite parties has to be filed, argued and accepted by the Court), or· in the jurisdiction where the cause of action wholly or in part arisesAdditionally, the State Commission has the power (upon application or on its own motion) at any stage of the proceeding to transfer any complaint pending before the District Forum to another District Forum within the State if the interest of justice so requires. Additionally, the State Commission shall ordinarily function in the State Capital but may perform its functions at such other place as the State Government may notify in the Official Gazette.What is the jurisdiction of the National Commission?The National Commission has the jurisdiction to hear appeals of Orders of the State Commissions within 30 days from the day the Order was passed (upon payment of costs, if required by the Order being appealed). An appeal filed shall be heard as expeditiously as possible and shall be tried to be disposed of within 90 days from its admission, failing which, reasons shall be recorded in writing. No adjournment in an appeal shall be granted unless sufficient cause is shown and reasons are recorded in writing. Costs for adjournment may be made. Independent of any appeal (and for original consumer complaints) the pecuniary jurisdiction of the State Commission is to hear cases for the value of goods or services + compensation above Rs. 1,00,00,000/-. The territorial jurisdiction of the State Commission (for original complaints as well as appeals) is as under:· in the jurisdiction where the opposite party or all of the opposite parties (at the institution of the complaint) actually and voluntarily reside or carry on business or have a branch (defined by section 2(1)(aa) of the Consumer Protection Act) or personally work for gain, or· if there are multiple opposite parties, the in the jurisdiction of any of the opposite parties, but only if the permission of the Court is granted (for which an application to seek permission to implead other opposite parties has to be filed, argued and accepted by the Court), or· in the jurisdiction where the cause of action wholly or in part arisesAdditionally, the National Commission has the power (upon application or on its own motion) at any stage of the proceeding to transfer any complaint pending before any District Forum to any another District Forum of any other State, or from one State Commission to another, if the interest of justice so requires. Additionally, the National Commission shall ordinarily function in the National Capital but may perform its functions at such other place as the Central Government may notify in the Official Gazette. Additionally, the National Commission can set aside ex parte orders of the National Commission if the aggrieved party applies to the National Commission.What after National Commission?In a complaint originally filed in the National Commission, any person aggrieved by an Order made in such cases by the National Commission may appeal against such Order to the Supreme Court within 30 days from the date of the Order (upon payment of costs, if required by the Order being appealed).What is the meaning of ‘time barred’ or ‘barred by limitation’?Ordinarily, one cannot file a consumer complaint (consumer case is not an appeal) more than 2 years after the cause of action has arisen. If one seeks to file a case more than 2 years after the cause of action has arisen, then he must do so with the permission of the Court by filing an application for condonation of delay, in which one must highlight (truthfully, and with all relevant proofs) why the delay was caused, and that it was a genuine and not a deliberate delay.Important websites:http://confonet.nic.in/ : for Causelists, Judgments, Case status, Case historyhttp://ncdrc.nic.in/http://consumeraffairs.nic.in/home.aspxhttp://www.nationalconsumerhelpline.in/ : Project of the Union Home Ministry called “National Consumer Helpine”http://ccrc.in : Consumer Complaints Redressal Council