Gist of The Hindu : OCTOBER 2024
Gist of The Hindu: OCTOBER- 2024
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Third-Party Litigation Funding
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The idea of Third-Party Litigation Funding (TPLF) has quickly emerged as a game-changer, potentially opening courtroom doors for many who felt they had been shut out.
About Third-Party Litigation Funding (TPLF):
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TPLF, often referred to as litigation finance, is a financial arrangement in which a third party (with no prior connection to the litigation) in a legal dispute provides funding to support the plaintiff's pursuit of a legal claim.
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In return, the third-party funder receives a portion of the proceeds if the case is successful.
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Plaintiffs do not have to repay the funding if their lawsuit is not successful.
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This funding model allows entities to bring lawsuits without shouldering the financial risks associated with litigation.
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The emergence of TPLF has been driven by various factors, including the escalating costs of legal proceedings, the complexity of modern litigation, and the desire to level the playing field between parties with disparate financial resources.
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Disputes that attract TPLF generally include commercial contracts, international commercial arbitration, class action suits, tortious claims like medical malpractice and personal injury claims, anti-trust proceedings, insolvency proceedings, and other like claims that have a calculated chance of resulting in a substantial monetary award.
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TPF is not expressly prohibited in India. In fact, several judgments highlight its benefits and express that there is a need for its regulation.
Doctrine of Lis Pendens
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The Supreme Court has reiterated that once a transaction is found to be hit by the doctrine of lis pendens, then the defences of being a bona fide purchaser and lack of notice regarding the sale agreement are not available.
About Doctrine of Lis Pendens:
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Lis pendens in common parlance means “a pending legal action”.
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The maxim representing this doctrine means that ‘during the pendency of litigation, nothing new should be introduced, and to maintain the status quo, to abstain from doing anything which may affect any party to the litigation.
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It is based on the principle that during the pendency of a suit, the subject matter of it (i.e. the property in the suit) should not be transferred to a third party.
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It is dealt with in Section 52 of the Transfer of Property Act, 1882, which provides that if there is any transfer of any immovable property pending litigation, the same shall not affect the rights of the parties in respect to the immovable property.
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The outcome of the litigation, passed by a court of competent jurisdiction, in the matter during the pendency of which the transfer had taken place would be binding upon such a purchaser, who has purchased the property during the pending litigation.
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It serves to protect the rights and interests of parties involved in a pending law suit concerning a specific property.
Effect of Doctrine of Lis Pendens:
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The effect of the rule of lis pendens is not to invalidate or avoid the transfer but to make it subject to the result of the litigation.
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According to this rule, therefore, whosoever purchases property during the pendency of a suit is bound by the judgment that may be made against the person from whom he derived the title, even though such a purchaser was not a party to the action or had no notice of the pending litigation.
Article 142 of the Indian Constitution
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The Supreme Court recently refused to entertain a PIL seeking directions under Article 142 to include sexual offences against men, trans persons, and animals under the newly enacted Bharatiya Nyaya Sanhita (BNS).
About Article 142:
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It deals with the Supreme Court's power to exercise its jurisdiction and pass an order for doing complete justice in any cause or matter pending before it.
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It provides the apex court with a special and extraordinary power and is meant to provide justice to litigants who have suffered traversed illegality or injustice in the course of legal proceedings.
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Article 142(1) states that “The Supreme Court, in the exercise of its jurisdiction, may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe”.
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Article 142 allows the Supreme Court to deliver justice in exceptional cases where existing provisions or laws are not applicable.
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If a legislative enactment seeks to make unenforceable the decree or order of the Supreme Court made under Article 142, in relation to the cause and the parties between whom it was made, such law would be void for contravening Article 142[8].
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This power cannot be used to "supplant" substantive law applicable to the case or cause under consideration of the court.
Graded Response Action Plan
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The Centre's air pollution control panel for Delhi-NCR recently directed state governments in the region to implement the first stage of the Graded Response Action Plan (GRAP).
About Graded Response Action Plan (GRAP):
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GRAP is a framework designed to combat air pollution in the Delhi-NCR region.
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It was introduced as an emergency response mechanism, and its implementation is triggered when the Air Quality Index (AQI) reaches "poor" levels.
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GRAP is particularly important during the winter months when air quality tends to plummet.
Who implements GRAP?
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The Commission for Air Quality Management (CAQM) in NCR and adjoining areas oversees the implementation of GRAP.
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It collaborates with the Ministry of Environment, Forest and Climate Change (MoEFCC).
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The CAQM has constituted a sub-committee for the operationalization of the GRAP.
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This body includes officials from the CAQM, member secretaries of pollution control boards of Uttar Pradesh, Delhi, Haryana, Rajasthan, the Central Pollution Control Board, a scientist from the IMD, one from the IITM, and a Health Advisor.
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The sub-committee is required to meet frequently to issue orders to invoke the GRAP.
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The orders and directions of the CAQM will prevailin case of any conflict between directions issued by the State governments and the CAQM.
Drugs Technical Advisory Board
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Recently, the Drugs Technical Advisory Board (DTAB) has recommended the inclusion of all antibiotics in the definition of new drugs in the New Drugs and Clinical Trial (NDCT) Rules, 2019.
About Drugs Technical Advisory Board:
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It is the highest statutory decision-making body on technical matters related to drugs in India.
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It is established as per the Drugs and Cosmetics Act, 1940.
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It is part of the Central Drugs Standard Control Organization (CDSCO).
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Function:It advises the Central Government and the State Governments on technical matters arising out of the administration of the Drugs and Cosmetics Act, of 1940 and to carry out the other functions assigned to it by this Act.
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Nodal Ministry:Ministry of Health and Family Welfare.
What is new drug?
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According to Rule 122 E of the Drug and Cosmetic Rules 1945, a new drug can be one which has not been used in the country and has not been recognised as effective and safe by the licensing authority for the proposed claims.
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It could also be an approved drug with modified or new claims including indications, dosage, and new route of administration.
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If brought into the new drug bracket, the manufacturing, marketing, and sale of antibiotics will be documented.
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Also, the manufacturing and marketing clearance will have to be obtained from the Central government instead of State drug administration, and patients will be able to buy antibiotics only on prescription.
Petra
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Archaeologists have uncovered a secret tomb in Petra, Jordan, revealing 2000-year-old skeletons and a chalice resembling the Holy Grail.
About Petra:
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It is a historic and archaeological city located in southern Jordan.
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It was the center of an Arab kingdom in Hellenistic and Roman times.
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Petra was established in 312 AC, which makes it around 2000 years old.
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It became the capital of the Nabateans people, an Arab tribe, who were referred to in the Bible.
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Under Nabataean rule, Petra prospered as a centre of the spice tradethat involved such disparate realms as China, Egypt, Greece, and India.
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The Romans conquered Petra in 106 A.C, and they turned the territory into a Roman province of Arabia.
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During the second and third centuries, Petra continued to grow, and in the seventh century, the Romans lost the power of Petra to Islam.
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In the 12th century, Petra was once again taken by different leaders, and for a while, Petra was hidden until it was found by Swiss explorer Johann Ludwig Burckhardt in 1812.
Features:
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Many of Petra’s buildings were carved directly into rocky sandstone cliffs.
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The name Petra comes from the Greek word for “rock.”
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The city of Petra was built on a terrace with the Wadi Musa (the Valley of Moses) running through it east to west.
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The valley is enclosed by sandstone cliffs veined with shades of red and purple varying to pale yellow.
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Petra is home to roughly 800 tombs, therefore known as the “Royal Tombs”, with the most renowned being ‘The Treasury’.
West Nile virus
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Ukraine is grappling with a severe outbreak of West Nile virus (WNV), with health officials raising alarms as the death toll rises.
About West Nile virus:
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West Nile Virus (WNV) is a member of the flavivirus genus and belongs to the family Flaviviridae.
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It was first isolated in a woman in the West Nile district of Uganda in 1937.
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It is commonly found in Africa, Europe, the Middle East, North America and West Asia.
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According to the World Health Organization (WHO), it typically spikes between the summer and autumn months of June and September.
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Transmission: Human infection is most often the result of bites from infected mosquitoes. Mosquitoes become infected when they feed on infected birds, which circulate the virus in their blood for a few days.
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The virus may also be transmitted through contact with other infected animals, their blood, or other tissues.
Symptoms:
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Infection with WNV is either asymptomatic (no symptoms) in around 80% of infected people, or can lead to West Nile fever or severe West Nile disease.
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About 20% of people who become infected with WNV will develop West Nile fever and symptoms include fever, headache, tiredness, and body aches, nausea, vomiting, occasionally with a skin rash.
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Courtesy: The Hindu