-SHUBHANKAR

With the domestic seasons of Europe’s top 5 leagues over, the focus now shifts on the later stages of one of the most elite competitions in football, the UEFA Champions League. With the tournament in its later stages and with top teams in action, these will be one of the best matches to cover for the broadcasters as well as for the spectators. With the 1^st leg of the Round of 16 already played, the 2^nd leg will be a feast to watch on, with the quarterfinals at stake. So, here’s a brief look at what can be expected in the upcoming days in the premier tournament known as the UEFA Champions League.

The first day will say 3 heavyweights of the game in action in the 2^nd leg of the Round of 16. The Italian champions Juventus will take on Lyon, with surprisingly Lyon going with the lead into the 2^nd leg as they defeated Juventus 1-0 earlier in the 1^st leg between the two teams. Talking about the other fixture that day, it will be a spicy contest as two of the favourites to lift the trophy would lock horns, meaning one of the title contenders will surely be eliminated in the Round of 16. It is the game between Spanish Champions Real Madrid and English giants Manchester City. City go into the match with a 2-1 lead in the 1^st leg. This will surely be the match to look out in the Round of 16 remaining matches. The next day will see 4 top teams from different leagues around Europe clash among themselves for a place in the quarterfinals. The match will be played between German champions Bayern Munich and former English champions Chelsea. The other match will be played between Spanish giants Barcelona and the Italian underdogs Napoli.

Now let us discuss who have the best chance of being crowned the UEFA Champions League winner. The race is very tight and the top contenders for me looking at the recent form and the team composition, I feel Real Madrid and PSG are the top contenders for the Champions League crown this season, given their form and the team composition. Looking at Real Madrid, they will face a sergeant Manchester City in the Round of 16, with them trailing the former English champions 1-2, they would I feel overcome this match. After the lockdown, the Spanish champions haven’t lost any of the games, and with no major injury concerns and with their whole team in top form, including striker Karim Benzema, Real Madrid are certain to be in the final for sure, that’s how I see it. Talking about the other contender, that is the French champions PSG. PSG will come into the tournament on the back of winning a domestic treble already. The only little concern for PSG could be the injury to Kylian Mbaape, their main man and this could be a major blow to their hopes of lifting the Champions League this season.

In the end, I want to say that the 2019/20 season is still not over and the fireworks haven’t started yet. Once the Champions League starts, its all to play for.    

The Arbitration and Conciliation (Amendment) Act, 2015 grants the liberty to the parties to appoint an arbitrator mutually.

The Act provides that the parties are free to determine the number of arbitrators, provided that such number shall not be an even number. However, if the parties fail to do so, the arbitral tribunal shall consist of a sole arbitrator.1

The procedure in relation to appointment of arbitrator(s) is provided under Section 11 of the Act. A person of any nationality may be an arbitrator, unless otherwise agreed by the parties. The aforesaid section also deals with the contingency wherein the parties fail to appoint an arbitrator mutually. In such a situation, the appointment shall be made, upon request of a party, by the Supreme Court or any person or institution designated by such Court, in the case of an International Commercial arbitration or by High Court or any person or institution designated by such Court, in case of a domestic arbitration.

Before the appointment of arbitrator is made, the concerned Court or the person or institution designated by such Court is required to seek a disclosure in writing from the prospective arbitrator in terms of Section 12(1) of the Act and also give due regard to any qualifications required for the arbitrator by the agreement of the parties and the contents of the disclosure and other considerations as are likely to secure the appointment of an independent and impartial arbitrator.

It may be noted that under Section 12(1) of the Act, an obligation has been cast upon the prospective arbitrator to make an express disclosure on (a) circumstances which are likely to give rise to justifiable doubts regarding his independence or impartiality; or (b) grounds which may affect his ability to complete the arbitration within 12 (twelve) months.

The purpose of this provision is to secure the appointment of an unbiased and impartial arbitrator.

Fifth Schedule to the Act (Annexure-A) contains a list of grounds giving rise to justifiable doubts as to the independence or impartiality of an arbitrator. The Seventh Schedule (Annexure-B) lays the grounds which make a person ineligible to be appointed as an arbitrator.

The Act provides that in an International Commercial Arbitration, an arbitrator of a nationality other than the nationalities of the parties may be appointed where the parties belong to different nationalities.

Expeditious disposal of application for appointment of an arbitrator(s) is emphasized by the Act and an endeavour shall be made to dispose of the matter within a period of sixty days from the date of service of notice on the opposite party.

Choice of arbitrators:

Unlike court proceedings, in which generally parties have no input into the choice of judge for their case, the parties to an arbitration usually appoint, nominate, or at least have some input into the selection of the arbitrator(s). Most developed arbitration laws require that all of the arbitrators be impartial. However, a party can use its choice or input into the selection process to help ensure that, as far as possible, the tribunal will understand the commercial context, the relevant issues, and the party’s procedural preferences. The parties may agree upon certain criteria for the arbitrators, or for the presiding arbitrator, although they should take care not to narrow the field so far that there are difficulties in identifying potential candidates. In arbitrations with more than one party on either side, or where other parties might be joined in to the proceedings, maintaining the parties’ right to choose the arbitrators (rather than simply delegating the choice to an institution) can be particularly challenging. For example, if one party has the right to select an arbitrator but two parties on the other side cannot agree upon a joint selection, the latter could claim that they were not being treated equally. Careful consideration as to the means of appointing the arbitrators is therefore required in such multi-party scenarios.

Section 11 Appointment of Arbitrators:

(9) In the case of appointment of sole or third arbitrator in an international commercial arbitration, 2[the Supreme Court or the person or institution designated by that Court] may appoint an arbitrator of a nationality other than the nationalities of the parties where the parties belong to different nationalities.

Timetable V to the Act records the sort of relations between a mediator and a gathering/advocate/topic of the question, which may offer ascent to reasonable questions in regards to a referee’s freedom. Timetable VII to the Act records the sorts of relations between an authority and a gathering/advocate/topic of the contest, which would, despite any earlier understanding between the gatherings, disentitle an individual from going about as a judge, except if post emerging of questions, parties explicitly postpone such clash. Calendar V and VII (embedded vide the 2015 Amendment) can be supposed to be along the lines of the IBA Guidelines on Conflicts of Interest. A mediator can be tested just if conditions exist that offer ascent to legitimate questions with regards to his autonomy or fairness or in the event that he doesn’t have the capabilities consented to by the gatherings. Subject to any understanding, any test will be made inside 15 days of a gathering getting mindful of the constitution of the council or getting mindful of the conditions prompting the test. The arbitral court will settle on the test. The court has no job at that stage and if a test is dismissed, the arbitral council will proceed with the procedures and render its honor. It is available to the gathering provoking the mediator to take any unfair dismissal of challenge as a ground for putting aside the honor.

 So far, the courts were involved if parties were unable to agree upon a sole arbitrator or if the parties appointed arbitrators failed to agree on a third arbitrator (and there was no party agreed mechanism in place to make the appointment). After the 2019 amendment to the Act, the courts are left with no role in the aforesaid situations. Instead, the Supreme Court is to designate an arbitral institution to make appointments in relation to international arbitrations and likewise, the High Courts are to designate arbitral institutions to make appointments in relation to domestic arbitrations. The appointments thus are to be made by the designated institutions (and not by the courts). The Act clarifies that there is no delegation of judicial power by the Supreme Court or High Courts to the arbitral institutions and hence (any challenge to an appointment would remain subject to any final order by the courts).

 Criminal – Further investigation – Filing of charge sheet – Sections 156(3) and 173(8) of Code of Criminal Procedure, 1973 – First Information Report was registered against Appellants – Pursuant to filing of FIR, investigation was conducted, which resulted in filing of charge-sheet – Magistrate took cognizance and issued summons to Accused regarding offences under Sections 420, 465, 467, 468, 471, 384 and 511 of Code – Application was filed by Accused No. 1 for further investigation under Section 173(8) of Code and for discharge, which stand rejected – Meanwhile, Application was moved by accused persons to register FIR, or for Magistrate to order investigation under Section 156(3) of Code – Revision applications were filed before Sessions Court, whereby Sessions Judge found that case had been made out for further investigation – Revisional application filed before High Court against said order, High Court held that Magistrate did not possess any power to order further investigation after charge-sheet was filed and cognizance was taken – Hence, present appeal – Whether, after charge-sheet was filed by police, Magistrate had power to order further investigation, and if so, up to what stage of criminal proceeding. Facts: An First Information Report was registered against the Appellants. Pursuant to the filing of the FIR, investigation was conducted by the police, which resulted in a charge-sheet being submitted to the Judicial Magistrate (First Class). The said Magistrate took cognizance and issued summons to the Accused regarding offences under Sections 420, 465, 467, 468, 471, 384 and 511 of the Indian Penal Code, 1860. An application was filed by Accused No. 1 for further investigation under Section 173(8) of the Code and another application for discharge. The Magistrate dismissed the applications that were filed for further investigation and discharge. Revision applications were filed before the Sessions Court, whereby Additional Sessions Judge went into details of facts that were alleged in the application Under Section 173(8) of Code and found that a case had been made out for further investigation. The Criminal Revision Application was filed before the High Court against said order. The High Court held that Magistrate did not possess any power to order further investigation after a charge-sheet was filed and cognizance was taken. The High Court further found that the two interim investigation reports virtually acquitted the Accused persons, and therefore, the High Court set aside the judgment of the Second Additional Sessions Judge. Held, while disposing off the appeal: (i) It was clear that the Magistrate’s power under Section 156(3) of the Code of Criminal Procedure was very wide, for it was this judicial authority that must be satisfied that a proper investigation by the police takes place. To ensure that a proper investigation takes place in the sense of a fair and just investigation by the police-which such Magistrate is to supervise-Article 21 of the Constitution of India mandates that all powers necessary, which may also be incidental or implied, were available to the Magistrate to ensure a proper investigation which, without doubt, would include the ordering of further investigation after a report was received by him under Section 173(2) of Act and which power would continue to enure in such Magistrate at all stages of the criminal proceedings until the trial itself commences. Indeed, even textually, the investigation referred to in Section 156(1) of the Code of Criminal Procedure would, as per the definition of investigation under Section 2(h) of Act, include all proceedings for collection of evidence conducted by a police officer which would undoubtedly include proceedings by way of further investigation under Section 173(8) of the Code of Criminal Procedure. [23] (ii) There was no good reason given by the Court in various decisions as to why a Magistrate’s powers to order further investigation would suddenly cease upon process being issued, and an Accused appearing before the Magistrate, while concomitantly, the power of the police to further investigate the offence continues right till the stage the trial commences. Such a view would not accord with the earlier judgments of this Court, in particular, Sakiri, Samaj Parivartan Samudaya, Vinay Tyagi, and Hardeep Singh, Hardeep Singh having clearly held that a criminal trial does not begin after cognizance is taken, but only after charges are framed. What was not given any importance at all in the recent judgments of this Court was Article 21 of the Constitution and the fact that the Article demands no less than a fair and just investigation. To say that a fair and just investigation would lead to the conclusion that the police retain the power, subject, of course, to the Magistrate’s nod under Section 173(8) of Act to further investigate an offence till charges were framed, but that the supervisory jurisdiction of the Magistrate suddenly ceases midway through the pre-trial proceedings, would amount to a travesty of justice, as certain cases may cry out for further investigation so that an innocent person was not wrongly arraigned as an Accused or that a prima facie guilty person is not so left out. There was no warrant for such a narrow and restrictive view of the powers of the Magistrate, particularly when such powers were traceable to Section 156(3) read with Section 156(1), Section 2(h), and Section 173(8) of the Code of Criminal Procedure, and would be available at all stages of the progress of a criminal case before the trial actually commences. It would also be in the interest of justice that this power be exercised suo motu by the Magistrate himself, depending on the facts of each case. Whether further investigation should or should not be ordered was within the discretion of the Magistrate who would exercise such discretion on the facts of each case and in accordance with law. [38] (iii) Given the allegations in the communication made by the Commissioner of Revenue, to the Collector, it was found that this was not a case which calls for any further investigation into the facts alleged in the FIR lodged. Yet, having regard to what was stated by the Commissioner in the said letter, the police be directed to register an FIR qua these facts, which needs to be investigated by a senior police officer nominated by the concerned Commissioner of Police. [42] (iv) Therefore, set aside the impugned High Court judgment insofar as it states that post-cognizance the Magistrate was denuded of power to order further investigation. However, given that the facts stated in the application for further investigation had no direct bearing on the investigation conducted pursuant to the FIR, upheld the impugned High Court judgment insofar as it had set aside the judgment of the Second Additional Sessions Judge which had ordered further investigation, and also the consequential order setting aside the two additional interim reports. [43]

                                                                                                  -SHUBHANKAR

Be it batting, bowling, fielding or celebrating others success, when it comes to giving 100%, there’s none better than Suresh Raina. Yes, the left-handed master piece Indian cricket has produced. He was the 1^st Indian to score hundreds in all three formats of the game. His classy hundred on his test debut was a very special knock in the conditions the Indian team were in that match against Sri Lanka. He was also a part of the Indian team which won the 2011 World Cup as well as the 2013 Champions Trophy. He has been an instrumental part of the team, be it the Indian team or the Chennai Super Kings. The left-handed dasher from Uttar Pradesh is still one of the best fielders around the world, let alone in India.

A journey which started in 2005, it has been a journey of ups and downs. The contribution what Raina has made to the Indian team has been immense. But not all credit has been given to the man who in true terms is a selfless player. Some of his knocks have been very crucial to the Indian team victories. Be it those cameos in the semifinal against Pakistan in the 2011 World Cup or the all important cameo against the mighty Aussies in the Quarter Finals of the 2011 World Cup. If these knocks weren’t played, might have been possible that India could have not won the 2011 World Cup. But these knocks are never appreciated. Sometimes we look into records so much that we forget certain important knocks played at a very crucial time. The number at which Suresh Raina batted through out his career so far in the Indian cricket team is at number 5,6 or 7. At this number with a strong Indian batting lineup, rarely he would get a chance in the first 35 overs. Playing in the death overs, the only requirement is playing aggressively and in that players tend to get out quickly sometimes when trying to clear the boundary. But when the top order on certain days failed, he was the one with MS Dhoni who helped India get out of trouble and win the games. In the 2013 Champions Trophy, Suresh Raina didn’t had much to do with the bat but with his fielding he helped India reach the finals and in fact win the tournament. Those blinders at slip against Sri Lanka were very few of the many blinders taken by him throughout his career till now.

Not only for India, his role for Chennai Super Kings has been massive, in helping them win 3 titles so far. He is the 2^nd highest run getter so far in IPL. That’s why he has been given the title of MR.IPL. His batting has been very much criticized for the way he takes on the bowlers from the word go, but that’s the batting style which has resulted in his success. So, why would he change it? I think the criticizers must know that he has been performing his best for the team, be it while batting or bowling or even when fielding. In the end, I just want to say that with his performances in the domestic circuit and IPL, he would certainly make a comeback into the Indian team and perform his level best to make sure that the team gains and wins, not for his individual gains.

Is adding artificial Fluoride in drinking water necessary? There is no clear evidence that
Fluoride is an essential nutrient for the human body. However, it is necessary to have an adequate
amount of Fluoride in the body to prevent tooth related problems. Research has found out that
Fluoride is found in all water sources, so adding chemical Fluoride leads to health problems.
According to the article “Fluoride in drinking water” by the WHO (World Health Organization)
points out that the concentration of artificial Fluoride above its value can cause an increased risk
of dental fluorosis, and much higher concentrations will lead to skeletal fluorosis. The
recommended value for artificial fluoridation of water supplies is usually 0.5–1.0 mg/litre. Many
cities add artificial Fluoride into their ground drinking water. The top cities are China and India.
With numerous research by Zhang, Zhao, et al., they analyzed and put forward their finding in
their article “Spatial distribution of fluoride in drinking water and health risk assessment of
children in typical fluorosis areas in north China” which stated that in places with endemic
fluorosis. However, water fluoride level is maintained, health education and health promotion
strategies are still necessary, and their importance must be highly valued. Many surveys and
research have been conducted regarding Fluoride in water and its harmful cause to human health.
All the article supports that adding an excess amount of Fluoride in the drinking water is harmful
to human health. The article is supported by numerous reach and surveys that were participated
in various parts of the world.

Vaccination is known to strengthen our immune system that will help prevent diseases.
According to the article (Against vaccination), taking a vaccine in most cases leads to deaths. It
states that taking the vaccine is highly noxious than a disease. However, I argue that although
there is a possible danger at the initial stage of taking the vaccine, it is an excellent solution to
prevent oneself from subsequent danger from assimilating diseases.

Vaccine causing several deaths. The article “against vaccination” states that VAERS has received
several reports about dangerous reactions to vaccination. The report was taken into
considerations from doctors ( “The U.S. FDA’s VAERS”. n.d). This claim does not support
evidence that gives us the correct report about the leading cause of the people dying of the
vaccine. The vaccine can cause reactions to some individuals and also death. However, a small
number of cases can not be concluded that the vaccine is dangerous.

What works better vaccine or homeopathy?. The claim that the article makes that vaccine does
not assure the prevention of diseases and that homeopathy works better. This statement is taken
into account because of the historical fact that the death rate was less in homeopathic hospitals.
( “death rate of only 3%”, n.d). However, this statement is biased, and we cannot verify that
homeopathy works better by taking the statistic of the death rate of one hospital.
The advance of technology medication has improved, and we also cannot prove that homeopathy
works best to prevent deceases.

Some specific vaccines can have side effects on individuals, especially with infants, but we
cannot generalize or consider that it is harmful and does not help prevent disease. The vaccine is
a stimulant of antibodies that, in rare cases, does not suit an individual’s body and may lead to
death, but that does not authenticate the vaccine as a harmful agent.

Indian Gorkhas or the Bhartiya Gorkhas are Nepali language speaking Indian citizens. Indian
Gorkhas are the citizens of India as per the broadsheet notification of the Government of
India, on the publication of citizenship of the Gorkhas of India. However, the Indian Gorkhas
are faced with a unique identity crises and vilifications with regard to their Indian
citizenship.
The history it traces back to the British times when there was a mass labour movement for the
flourishing resources in the area and they were dragged into this segment. Little did they
know that the impact of this action would be so outrageous for the coming generations. This
account has led to issues such as racial discrimination, ethnic plight, cultural dilemma in the
present scenario. A common identity for identification in a big country like India without
being fraudulent as an outsider is the major obstacle. Individuals presently are simply
judged, remarked on the grounds that they appear to be different. They fail to see the plight of
the citizens as humans, thus sharing the glimpses of the biased account of history making the
lives of these citizens unsparing by their own motherland.
The fight still continues an is never ending, therefore as in democracy, we decide our future.
We should likewise decide how our coming generation remember Nepalese as a community
of India in between all its differences.

Castes seem to have originated more than 2,000 years ago. Under this
system, which is associated with Hinduism, people were categorized by their occupations.
Although originally caste depended upon a person’s work, it soon became hereditary. Each
person was born into an unalterable social status. The four primary castes are Brahmin, the
priests; Kshatriya, warriors and nobility; Vaisya, farmers, traders and artisans; and Shudra,
tenant farmers, and servants. Some people were born outside of (and below) the caste system.
They were called “untouchables” or Dalits—”the crushed ones.”
During the 1900’s Marriage across caste lines was strictly forbidden. Most
people even married within their own sub-caste or jati. At mealtimes, anyone could accept
food from the hands of a Brahmin, but a Brahmin would be polluted if he or she took certain
types of food from a lower caste person. At the other extreme, if an untouchable dared to
draw water from a public well, he or she polluted the water, and nobody else could use it. In
religious worship, Brahmins, as the priestly class, presided over rituals and services including
preparation for festivals and holidays, as well as marriages and funerals. The Kshatriya and
Vaisya castes had full rights to worship, but in some places, Shudras (the servant caste) were
not allowed to offer sacrifices to The Gods. Untouchables were barred entirely from temples,
and sometimes they were not even allowed to set foot on temple grounds. If the shadow of an
untouchable touched a Brahmin, the Brahmin would be polluted, so untouchables had to lay
face-down at a distance when a Brahmin passed.
They were not allowed to sit in school with their counterparts if they were of lower caste,
they were told to sit in a gunny cloth and the servant would not touch the gunny bag touched by the Dalits. They could not drink water from one tank, as they would pollute the whole
water, they could not even quench their thirst before the touchable person opened that tap. No
waterman washed their clothes not because they didn’t have money but they were of so-
called lower caste.
According to 2011 census the Dalits comprise of 16.6 per cent of India’s
population. 2014 report to the Ministry of Minority Affairs, over 44.8 per cent of Scheduled
Tribe (ST) and 33.8 per cent of Scheduled Caste (SC) populations in rural India were
living below the poverty line in 2011–12. In urban areas, 27.3 per cent of ST and 21.8 per
cent of SC populations were below the poverty line. Caste is something like blood which
flown into the bodies from grandparents to parents and from them to us. No matter how much
people deny it, it’s somewhere alive in the body. According to a 2007 report by Human
Rights Watch (HRW), the treatment of Dalits has been like a “hidden apartheid” and that they
“endure segregation in housing, schools, and access to public services”. Whereas, A general
category category of poor family is denied admission to a government college even if he
scores twice the marks scored by a reserved category so called backward candidate. Even if
the so-called backward candidate has a lavish life style. So many people justify themselves as
a lower caste but has a better economic status than most of the people but still take all the
benefits from the government. They have exploited the whole economy of the government
that way. Many people therefore have lost their desired right because of it.
Differences between human beings are never going to end as long as human
race exists. We as humans, if see someone as lower to you, you should still regard them as
fellow human beings and help them in need. Caste should not be based upon surname or
where we are born from, no human should be treated unfair. Everyone is equal and if
reservation is followed it should be solely based of economic status, so that we can really be
with the needy.

K-POP is a short form used for Korean music, it is a musical genera originated in South
Korea. Its musical roots is spreading all over the world, but why is K-POP (Korean music)
gaining so much popularity in the western world, despite the music being in a foreign language?
I argue that the growing popularity of K-POP (Korean music) as a global phenomenon,
especially in the western part of the world, is due to factors like social media, the influence of
western culture, and the idols multilingual skills that plays a crucial role in the success of Korean
music.
The impact of social media in circulating and facilitating the rapid growth of Korean
music, making it a global phenomenon. Social media has played a crucial role in the growth of
Korean music. Social media such as Facebook, Instagram, Reddit and specially YouTube is the
leading social networking site that is constantly helping in the growth of K-POP. For example the
article by Dal Young Jin, he point out how young adults instead of buying CDs and DVDs and
watching famous culture on theatres or television are now using social media such as YouTube
and Facebook to relish poplar music. (Jin & Yoon as cited in Dal Yong Jin, 2018). The Korean
music industries does not confine itself or are reluctant on popular networking sites. They have
mastered the business of globally promoting individual K-POP group. They have developed
online games with animated K-POP idols characters, sites where global fans can communicate
with they admired idols irrespective from where they are and online merchandise that represent
particular groups. The Seattle Times had published an article by Sohee Kim and Pei Yi Mak focusing on how “mastermind mind producer”( Sohee Kim & Pei Yi Mak, 2019, p1)has built a
strong fortune.“In addition to Big Hit’s proprietary merchandise such as games and cushions to
pajamas featuring characters created by BTS, there’s even a line of Barbie dolls.Bang is a low-
key figure not known for the ostentatious displays of wealth often seen in K-pop.” (p1) this
statement indicates that not only social networking site but social website like games and online
shopping has also played a vital role in the growth of Korean music.
K-POP idols have robust multilingual skills, which act as a catalyst in the growing
popularity of Korean music. The idols not only vigorously learn how to perform their music in
front of the audience but also train for several years to master different languages. The idols are
taught to communicate with different ethnicity in different ways. which not only helps them
connect with their fans in and around Asia but globally. It is said that “Having a multilingual
skill not only appeals to the fans in Asia, but it makes it more accessible to fans in the western
world.” (Alicia Prince, 2013, p5). Having a multilingual skill helps them understand and
communicate with fans and most importantly they can attend interviews and award shows held in
the western world without a translator. According to billboard news, the fluent English speaker
among the idols translate the things that are difficult for other members to catch up (Caitlin
Kelley, 2017). This also goes for other languages such as French, Japanese, Spanish and Chinese
that are popular language among the idols.(Koreaboo 2018). We can take an example of a
Korean idol Henry who can speak six different languages “ Korean, English, Cantonese, French,
Thai and mandarin.”( Hannahlex 2018, p 8). The process does not end here due to the growing
popularity of K-POP, the western fan is taking a major part in learning Korean language to have
a better understanding of what the idols is telling. According to an article by BBC News The
latest “statistics show 14,000 students are learning Korean in the US, compared to only 163 two decades earlier.” (Matt Pickles, 2018, p2). We cam estimate that not only the idols but also the
fans are taking part in learning languages to cut the language barriers between them.
The western music culture having a huge influence on K-POP, which is also one of the
factor that leads to the popularity of Korean music. Nevertheless an article about the influence of
western music on K-POP states that “American music culture has the most significant impact on
the evolution of the Korean music regarding the style of the music and the preference of the
domestic audience and these influence are still apparent even in the contemporary K-pop musical
products” (Stephen, 2018, p1). The agencies send their idols to different parts in the west to
promote them self as well as learn and adapt western music culture. Many K-pop idols have done
covers of western music artist in many of their concerts or have posted it on YouTube which
grabbed most Westerners attention. According Zheng , Korean music has incorporated elements
of American pop, hip-hop, and R&B along with their synchronized dances. ( Hua Zheng, 2018).
Over the past few years there has been a rapid collaboration between American musician and K-
POP groups. Many famous American artists have collaborated with the Korean idols and
produced songs that has made it to the top ten billboard charts.K-pop group like BTS and
western musician Steve Aoki are know for their outstanding works, and are taking advantage of
it. “Waste It On Me” one of their best hit is the third collaboration between the Korean boy band
and the American DJ and producer, following their collaborative hits “Mic Drop” and “The Truth
Untold.” “Waste It On Me” is BTS’ first all-English song, connecting the language gap between
them and their English-speaking fans.(Jean Natividad, 2018)

The growing popularity of Korean music is phenomenal, and factors like social media, western music culture and idols multilingual skills play a vital role in helping it grow in
the western part of the world. However, we cannot deny the fact that the idol’s hard work, talent,
and, most importantly, dedication played a significant role in the growth of Korean music K-POP
in the western world.

We often think that rationality and intelligence are technically similar; however, it is not. It is
said that a person can be a rational thinker with very little intelligence. People who are rational
use logic and reason to solve everyday problems or situations. The article states that rationality
differs between person to person and are three types: “automatic mind,” “algorithmic mind,” and
“ reflective mind.” which is, however, interesting and can be taken into consideration because it
somehow explains how minds can work.
It is said that rationality can be learned and taught, which means that the knowledge of
reasoning can be acquired thought-out life. Statical and scientific thinking is considered as the
primary source that helps in gaining the technique of reasoning. The fundamental strategy to
learn to reason is to think the opposite. Taking many deliberations to analyze things is the best
way to fall prey.
However, if an individual solves a tricky question in his/her examination, will it be considered,
will it be regarded as solving the problem using rational thinking or intelligence?

Is knowledge internally certifiable? According to Descartes, if there is a proposition (that is a
statement or a judgement), then there is an argument that shows that the proposition is true. The
premise is “true or introspection” by introspection or examination or observation of own mental
processes. Descartes gives weightage in introspection he says that the given premise can be
considered valid because of introspection and priori reasoning.
According to Descartes, if a subject is confident that a conclusion is true, then the subject should
also know that all the premises related to it are accurate and that he knows that is true because
through the experience. The main element is that introspection gives us knowledge about the
connection between inside and outside of our minds.
How do we know Descartes’s theory is reliable? According to the article, the author agrees to
Descartes’s view, but his approach differs. It supports that knowledge need connection as to what
is going inside the mind is what is going outside. However, he does not acknowledge the theory
of a premise to be true does not need introspection and priori reasoning because the subject does
not have to know that the premises related to being right.

The miracle happens not because of a supernatural entity. However, instead, because it is a rare
occurrence that makes us think of it as a miracle. Once something happens too much, we no
longer see it as a miracle, and it becomes part of the natural order of things. The interpretation of
a positive outcome of situations is often considered as a miracle. I argue that the belief in
miracles is due to the rare occurrence of situations that cause individuals to believe that a
supernatural force is a subject for its outcome.
The lack of evidence to support the occurrence of miracles. The article (A drop in the sea) does
a marvellous job in emphasizing the fact that the occurrence of miracles lacks evidence to
support the claim. The infrequent occurrence of any event may lead the people to believe that
miracles occur. For example, seeing a shooting star, which is not a common phenomenon that we
see every day, maybe interpreted as a miracle by some people who say it for the first time.
However, if there is enough evidence for an unusual situation, do we consider it a miracle or an
unfrequent or rare situation?
There is no proper evidence that miracles may or may not occur. Nevertheless, the lack of
evidence to support the occurrence of that miracle lacks, which loses its creditability.

Is God an evil genius? According to Descartes, God is excellent; however, there is an oil genius
who is as powerful as God. The evil has deceived Descartes, and he thinks that the universe,
heaven and all the things around the bus are just dreams and illusion that the evil has taken up
himself. He falsely believes that he has posses no physical attributes. He states that evil can
deprive us of all the attributes that surround us. There is a good line in the article stating that evil
follows and does according to his direction and words.
A good example can be taken from the article about Tom, who has an illusion of a bowl of
flower, which he thought was there and now it was not present. He has an illusion of touching
the flower petal and sniffing the flower; however, there was no flower but was paper. Another
encounter of strangeness is when his friend enters the room. However, her physical appearance
looked strange. Everything around him is unusual than he is acquaintance off. This example
concludes that the evil deceives tom, the evil tries to mislead Tom to think about what is not
valid. According to the article, the illusion is something that looks and sounds like a thing that
we are likely to mistake with the thing we are looking for. Nevertheless, in the end, the article
concludes that evil is not deceiving us, but he was posting that he could deceive us.

Students who do well on exams manage self-impression in various ways when engaging with
other students after receiving their grades. According to Denial Albas and Cheryl Alba’s
individual frequently alter their demeanor towards others to convey the impression which intern
are in favor to them, there are three categories of students the ‘Aces’ the ‘Middle of the
Roaders’ and the ‘Bombers’ who knows that they must create a self-impression for them to be
regarded as a praiseworthy people (Denial and Cheryl,1988,p.290). Self-impression of “Aces”
when encountered by an “Aces” are likely to be accessible because “it’s much easier to admit a
high mark to someone who has done better than you, or at least well” (Denial and Cheryl,
1988,p.298). However, the self-impression is utterly different between the encounter of an ‘Aces’
and ‘Bomber’ for the students who did well on their exam are most likely to interact with the
bombers but hesitate because they remember how poorly they had performed before the
interaction began. ( Denial and Cheryl,1988). In conclusion, the student who does well is often
modest with their self-impression towards others, especially towards people with low grades to
preserve one’s honour.

Are we aware of our surroundings? Simple things and day-to-day tasks are the things that we
are aware of, such as our physical future and our natural surroundings. However, how do we
exactly know if it exists? What if everything was just a dream or when we make up we feel it is
was all a hallucination. So trying to prove that there was an outside world would be a part of the
dream. Trying a different way to prove that there is an outside world would be useless. Slapping
or pinching yourself to wake up from that dream would not work.
Observations can be mistaken, but other observations can also correct it. Our idea of things that
exist is just our idea. If we see a snake in our dream and ounce, we wake up; we will realize that
it was just a reflection of a grass. Our belief in the world is outside our minds comes very
quickly; therefore, we do not need any ground or proof for it. We can live with it because there
may be a possibility of our belief becoming false, or we have no basis for ruling out the
possibility.

In the article Women’s self-sexualization in photos on social media (2017, June 15), Laura
R. Ramsey, Amber L. Horan, tries to scrutinize the level at which young female post sexually
appealing pictures of themselves on social media because they are longing for public attention.
(Ramsey and Horan, 2017)
There has been widespread growth in women’s sexualization, especially in western media.
As a result, women have destitute body image about themselves; their tolerance level towards sex
violence against women has increased, and also women are now more prominent supporters of
sexist beliefs (Ramsey and Horan, 2017). According to Ramsey and Horan, women self objectify
themselves in a sexualized manner which could be used as an object; women give more value to
what others think about them, people’s perspective and how they look {physically}.
Young adult posting pictures in social media like Instagram and Facebook has always been much
of a public concern (Ramsey and Horan, 2017)example, “in early 2016 journalist Nancy Jo Sales
published a book about girls’ sexualized behaviour online that immediately made into the New
York Times Best Seller list, and online article about the book garnered hundreds of concerned
comment” (e.g.,NPR, 2016). (Ramsey and Horan, 2017, para 1).

According to research by (Manago, Graham, Greenfield and Salimkhan, 2018), young
women post sexually appealing pictures on social media and does not bound themselves with
cultural obligations and uploads pictures with minimum amount of clothing to make it more sexual,which is likely to receive more likes or views with flooding number of positive comment. (Ramseyand Horan, 2017)

The growing popularity of social media site has made it more vulnerable for the young adult
to post self-sexualized pictures of themselves, even the sites emphasis and promotes in sharing
sexual pictures which is in the way of supporting self-sexualization. (Ramsey and Horan, 2017).
(Daniels and Zurbriggen, 2016) Found out posting sexually appealing pictures comes with a price,
In their experiment, they found out sexualized profile pictures of women were viewed less alluring
and not competent when tallied with her non-sexualized profile picture by other young women. It
was also found that young men were only sexually attracted to women who posted sexualizing
pictures and were not interested in committing to a relationship with them. (Moreno, Swanson,
Royer, and Robert, 2011).

(Sherman et al., 2016) points out the primary motivation of women posting self-sexualized
photos on social media showed the want of attention from the audience, which is the main factor
that acts as a motivation manifested by likes and comments on uploaded pictures. (Ramsey and
Horan 2017). The finding also shows that “adolescents who viewed photos with a lot of “likes”
showed more unusual activities in the regions of the brain associated with reward processing and
attention”(Sherman, Payton, Hernandez, Greenfield and Dapretto, 2016, p86). Therefore getting
more likes acts as a catalyst for social media behaviour. (Ramsey and Horan, 2017).

Self Objectification of oneself has brought negative impact such as inculcating
psychological disorders {which is very hazardous and destroys the equilibrium state of individual}
(Ramsey and Horan 2017)
Do some questions revolve around this article, which also gives us a conclusion and some
reverent answer as to what extent do young women post self- sexualized photos on social media?
(Ramsey and Horan, 2017). Dose posting such pictures gain much positive remark in the form of likes, comments and followers? Moreover, how do we predict which women post self- sexualized
pictures on social media? (Ramsey and Horan, 2017). The answer to these questions is: young
women post sexually appealing pictures in social media for the desire of attention from people who
are on social networking sites. For a matter of fact, wanting attention is very much related to self-
objectification, zeal for sexualization, and having a view that sex is their source of power. (Ramsey
and Horan, 2017).

“Dress shabbily and they remember the dress; dress impeccably and they notice the woman.” quotes Chanel.  Fashion has a very big dimension in the world of today, but till now no one can give justice to its definition. It’s mainly a self-reflection of the person, and the image that they want to create in the society. Fashion trend is defined as a particular style, or clothing at a particular period of time. The modern world is now a combination of different people all having their own extraordinary patterns and style. Thus, fashion is not mere about clothing or dressing up but bringing up the creator in you.

Fashion and youth go hand in hand, its this generation that brings out a new approach in this arena. Fashion not only means wearing clothes, but feeling comfortable, confident and beautiful with your skin. It adds a flash of colour to your emotions and transforms your life. The different colour you wear is also a reflection of your feelings. It is proven that Warm colours is associated with happy times and dull colour are worn when you feel low or unhappy. Coming from the traditional attire to the plain bland long clothes, to miniskirts, dresses and now baggy jeans, we can see the transition of fashion industry to extreme levels. The teenager nowadays is very active in social medias and technological development this also brings them into an exposure of the current trend, and being a fast-moving world, everything is at the tip of their fingers. Therefore, the youth today should never underestimate the power of a good outfit on a bad day.

Everyday is a fashion show, and the world your runway, is a popular conception in the fashion industry, not only are two people distinct by their appearance but their taste and clothing differ too. Sometimes these are mainly a contribution of the place they live in or due to their beliefs and notion. In India, there are a mix of people but the most dominant in them are the Hindus, the Muslims and the Christians. Firstly, the Hindus follow several Holy God and their way of clothing is mainly normal traditional attire with a mix of their tribal dress and heavy makeup at the time of festival. The Muslims wear burkha normally or clothes that will cover their body because that’s what their religion had told them about. Finally, Christian is a migrant religion and western to Indian wear is seen by the people who follow this religion. It is seen that in Hinduism when there is a death in the family, they normally wear white, but in Christianity white is a symbol for holiness and they marry in white beautiful gowns. Red sari is normally worn by the Hindu brides in their marriage. The Muslims on the other hand wear the black burkha on a daily basis and have hijab for their own belief. Thus, fashion is not only to look pretty or attractive but has some deep roots in their values and rituals, because at the end, life cannot be perfect but your outfits can be.

Fashion is thus a stepping stone for self-love, its when you feel good that you start getting confidence and that’s the biggest magic that fashion does in your life. As Neiman Marcus rightly said, “If loving fashion is a crime, we plead guilty.”

The Act provides that the arbitral tribunal may rule on its own jurisdiction, including any
objections with respect to the existence or validity of the arbitration agreement. The arbitration
agreement shall be deemed to be independent of the contract containing the arbitration clause,
and invalidity of the contract shall not render the arbitration agreement void. Hence, the
arbitrators shall have jurisdiction even if the contract in which the arbitration agreement is
contained is vitiated by fraud and/or any other legal infirmity. Further, any objection as to
jurisdiction of the arbitrators should be raised by as party at the first instance, i.e., either prior to
or along with the filing of the statement of defence. If the plea of jurisdiction is rejected, the
arbitrators can proceed with the arbitration and make the arbitral award. Any party aggrieved by
such an award may apply for having it set aside under Section 34 of the Act. Hence, the scheme
is that, in the first instance, the objections are to be taken up by the arbitral tribunal and in the
event of an adverse order, it is open to the aggrieved party to challenge the award.
In SBP & Co. v. Patel Engg Ltd.8 the Supreme Court of India (in a decision rendered by a Bench
of Seven Judges) held that the nature of power conferred on the Court under Section 11 of the
Act is judicial (and not administrative) in nature. Accordingly, if parties approach the Court for
appointment of arbitral tribunal (under Section 11) and the Chief Justice pronounces that he has
7 Section 11 of the Act.
8 (2005) 8 SCC 618
6
jurisdiction to appoint an arbitrator or that there is an arbitration agreement between the parties
or that there is a live and subsisting dispute to be referred to arbitration and the Court constitutes
the Tribunal as envisaged, this would be binding and cannot be re-agitated by the parties before
the arbitral tribunal.
In S.B.P & Co. case the Supreme Court has defined what exactly the Chief Justice, approached
with an application under Section 11 of the Act, is to decide at that stage. The Chief Justice has
the power to decide his own jurisdiction in the sense whether the party making the motion has
approached the right court. He has to decide whether there is an arbitration agreement, as defined
in the Act and whether the person who has made the request before him, is a party to such an
agreement. He can also decide the question whether the claim was a dead one; or a long-barred
claim that was sought to be resurrected and whether the parties have concluded the transaction
by recording satisfaction of their mutual rights and obligations or by receiving the final payment
without objection.
The Court in SBP & Co case, inter alia, concluded as follows:
(i) The power exercised by the Chief Justice of the High Court or the Chief Justice of India
under Section 11(6) of the Act is not an administrative power. It is a judicial power.
(ii) The power under Section 11(6) of the Act, in its entirety, could be delegated, by the Chief
Justice of the High Court only to another Judge of that Court and by the Chief Justice of
India to another Judge of the Supreme Court.
7
(iii) In case of designation of a Judge of the High Court or of the Supreme Court, the power
that is exercised by the designated Judge would be that of the Chief Justice as conferred
by the statute.
(iv) The Chief Justice or the designated Judge will have the right to decide the preliminary
aspects as indicated in the judgment. These will be, his own jurisdiction to entertain the
request, the existence of a valid arbitration agreement, the existence or otherwise of a live
claim, the existence of the condition for the exercise of his power and on the
qualifications of the arbitrator or arbitrators. The Chief Justice or the designated Judge
would be entitled to seek the opinion of an institution in the matter of nominating an
arbitrator qualified in terms of Section 11(8) of the Act if the need arises but the order
appointing the arbitrator could only be that of the Chief Justice or the designated Judge.
(v) The District Judge does not have the authority under Section 11(6) of the Act to make
appointment of an arbitrator.
(vi) The High Court cannot interfere with the orders passed by the arbitrator or the Arbitral
Tribunal during the course of the arbitration proceedings and the parties could approach
the Court only in terms of Section 37 of the Act (appealable orders) or in terms of Section
34 of the Act (setting aside or arbitral award).
(vii) Since it is a judicial order, an appeal will lie against the order passed by the Chief Justice
of the High Court or by the designated Judge of that Court only under Article 136 of the
Constitution to the Supreme Court.
8
(viii) No appeal shall lie against an order of the Chief Justice of India or a Judge of the
Supreme Court designated by him while entertaining an application under Section 11(6)
of the Act.
(ix) Where an Arbitral Tribunal has been constituted by the parties without having recourse to
Section 11(6) of the Act, the Arbitral Tribunal will have the jurisdiction to decide all
matters as contemplated by Section 16 of the Act.
Challenge to arbitrator:
An arbitrator may be challenged only in two situations. First, if circumstances exists that give
rise to justifiable grounds as to his independence or impartiality; second, if he does not posses
the qualifications agreed to by the parties. A challenge is required to be made within 15 days of
the petitioner becoming aware of the constitution of the arbitral tribunal or of the circumstances
furnishing grounds for challenge. Further, subject to the parties agreement, it is the arbitral
tribunal (and not the court – unlike under the old Act of 1940) which shall decide on the
challenge. If the challenge is not successful the tribunal shall continue with the arbitral
proceedings and render the award, which can be challenged by an aggrieved party at that stage.
This is another significant departure from the Model Law, which envisages recourse to a court of
law in the event the arbitral tribunal rejects the challenge.9
The Indian courts have held that “the apprehension of bias must be judged from a healthy,
reasonable and average point of view and not on mere apprehension of any whimsical person.
9 Article 13 of Model Law
9
Vague suspicions of whimsical, capricious and unreasonable people are not our standard to
regulate our vision.”10

The Indian law of arbitration is contained in the Arbitration and Conciliation Act 1996 (Act).1
The Act is based on the 1985 UNCITRAL Model Law on International Commercial Arbitration
and the UNCITRAL Arbitration Rules 1976. The Statement of Objects and Reasons of the Act
recognises that India’s economic reforms will become effective only if the nation’s dispute
resolution provisions are in tune with international regime. The Statement of Objects and
Reasons set forth the main objectives of the Act as follows:
“i) to comprehensively cover international and commercial arbitration and conciliation as
also domestic arbitration and conciliation;
ii) to make provision for an arbitral procedure which is fair, efficient and capable of
meeting the needs of the specific arbitration;
iii) to provide that the arbitral tribunal gives reasons for its arbitral award;
iv) to ensure that the arbitral tribunal remains within the limits of its jurisdiction;
v) to minimise the supervisory role of courts in the arbitral process;
vi) to permit an arbitral tribunal to use mediation, conciliation or other procedures during
the arbitral proceedings to encourage settlement of disputes;
vii) to provide that every final arbitral award is enforced in the same manner as if it were
a decree of the court;
∗ The authors are partners of the law firm, Kachwaha & Partners.
1 Full text of the Act can be viewed at: http://www.kaplegal.com/statutes/index.html.
2
viii) to provide that a settlement agreement reached by the parties as a result of
conciliation proceedings will have the same status and effect as an arbitral award on
agreed terms on the substance of the dispute rendered by an arbitral tribunal; and
ix) to provide that, for purposes of enforcement of foreign awards, every arbitral award
made in a country to which one of the two International Conventions relating to
foreign arbitral awards to which India is a party applies, will be treated as a foreign
award.”

• A complaint in relation to any goods sold or delivered or agreed to
be sold or delivered or any service provided or agreed to be
provided may be filed with a District Forum by—
• (a) the consumer to whom such goods are sold or delivered or
agreed to be sold or delivered or such service provided or agreed
to be provided;
• (b) any recognised consumer association whether the consumer
to whom the goods sold or delivered or agreed to be sold or
delivered or service provided or agreed to be provided is a
member of such association or not;
• (c) one or more consumers, where there are numerous consumers
having the same interest, with the permission of the District
Forum, on behalf of, or for the benefit of, all consumers so
interested; or
• (d) the Central or the State Government, as the case may be,
either in its individual capacity or as a representative of interests
of the consumers in general.17

Complainant absent Opponents No.1 & 2 Ex-parte ORDER . (Per- Mr. S. S.
Vyavahare, Honble President )
The complainants have filed this complainant under Section 12 of the
Consumer Protection Act, against the opponents for getting compensation
alleging deficiency of service on their part. Facts giving rise to the present
complaint in short are as under:
The opponent No.1 is hotel under the name & style M/s. Ramee Guest Line
Hotel, whereas opponent No.2 is Valet Parking under the name & style Jay
13 Taj Mahal hotel vs united India Insurance Company Ltd. Judgement of Supreme court
Ambe Valet Parking. The offices of opponent No.1 & 2 are situated on the
address mentioned in the complaint.14
Complainant No.1 is father of complainant No.2. The complainant No.1 was
having one four wheeler car of Tata Safari Car. It is the contention of the
complainant that on 03/11/2011 the complainant No.2 along with his friends
visited opponent No.1 in above mentioned car. At about 12.15 a.m. at
midnight on 04/11/2011 the complainant No.2, after visiting to opponent No.1
had entrusted the keys of his car to one Mr. Guddu Jha who was employed by
opponent No.1 in his hotel to park guest car of opponent No.1in the valet
parking area. It is also contention of the complaint that Shri Guddu Jha has also
assured to the complainant No.2 about his identity and further assured that,
he will safely park the car and the car parked in the valet parking are within the
control of opponent No.1. Believing the representation of the said person
complainant No.2 handed over the same car to Shri Guddu Jha. It is further
contention of the complainant that Shri Guddy Jha also issued valet parking
receipt to complainant No.2. At about 02.45 a.m. when complainant No.2 left
the hotel of opponent No.1 he demanded for the return of his car from the
valet parking counter and also produced valet parking receipt. The concern
person Guddu Jha after receiving the receipt went to fetch the car but he
reported about the missing of the vehicle from the valet parking area. The
complainant No.2 was shocked and therefore again he confirmed the said fact
by accompanying to the said spot with Guddu Jha. According to the
complainants Shri Guddu Jha being servant/agent of opponent No.1 and 2 was
negligent in parking the vehicle unsafely. Therefore both the opponents are
vicariously liable for the theft of the vehicle. The complainants also reported
the theft to police. Complainants also issued notice to opponents calling upon
them to pay compensation. According to the complainants the cost of the
vehicle was Rs.10,00,000/- Therefore, complainants have filed present
complaint alleging deficiency of service on the part of the opponents for
negligently keeping the vehicle of the complainants.15
Both the opponents though served remained absent and therefore matter was
proceeded ex-parte against them by my learned predecessor. The
complainants were called upon to adduce their evidence. The complainants did
so by filing their evidence affidavit. Since then complainants did not turn up
before the forum. Today also complainants were absent. The contents of
complaint and evidence affidavit are very much similar to each other which
need not be repeated again. Since the opponents are ex-parte the contents of
14 MR RAMGIRISH SAHANI v. M/S. RAMEE GUEST LINE HOTEL District Consumer Disputes Redressal
Commission (26 Feb, 2016)
15 MR RAMGIRISH SAHANI v. M/S. RAMEE GUEST LINE HOTEL District Consumer Disputes Redressal
Commission (26 Feb, 2016)
complaint and evidence affidavit have gone unchallenged. The complainants
have filed on record the exit check, statement of Guddu Jha and copy of FIR to
justify the visit of the complainant No.2 to opponent No.1, parking of his car in
valet parking area through Guddu Jha who is employee of opponent No.1. The
copy of FIR shows about the theft of the vehicle. Whereas, the copy of notice
issued to opponent No.1 sufficiently go to show that vehicle of the
complainant which was handed over to Guddu Jha on day of incident was
stolen on 04/11/2012. It further shows that the vehicle was entrusted to
Guddu Jha who was employee of opponent No.1 & 2. Therefore opponents are
liable for act of their agent for deficiency of service on his part. Therefore we
have no hesitation to accept unchallenged testimony of complainant No.2 to
hold deficiency of service on the part of the opponents to conclude that
complainant is entitled to get compensation.
The complainants have shown the value of the car Rs.10,00,000/- they have
not produced the purchase receipt of said car nor complainants have made it
clear that vehicle in dispute was insured or not. The complainant have also not
made it clear whether they have received any amount from insurance
company. The registration documents of the said car shows that registration
was carried out for the year 2009-2010 meaning thereby the vehicle was
purchased in the year 2009. The incident has occurred in 2011 and therefore it
would not be justified to grant Rs.10,00,000/- towards cost of the vehicle.
Considering 10% depreciation per year on said car we are of the view that
complainants are entitled to get Rs.7,00,000/- towards the cost of the vehicle
and Rs.50,000/- towards compensation. Hence following order. ORDER
Complaint is allowed. It is hereby declared that the opponents have indulged in
deficiency of service while maintaining the custody of complainants car in their
valet parking. The opponent No.1 & 2 are jointly and severally, within two
months from the receipt of copy order do pay Rs.7,00,000/- to the
complainant towards compensation for loss of his car. Failing to which they
shall further pay 10% interest on said amount from the date of complaint till
the realization of said amount. The opponent No.1 & 2 are jointly and severally
within two months from the receipt of copy order do pay Rs.50,000/- to the
complainant towards compensation for mental agony and Rs.5,000/- towards
cost of the complaint. [HON’BLE MR. S S VYAVAHARE] PRESIDENT [HON’BLE
MR. S.V.KALAL] MEMBER16
Important Points In the Following Case:

1. The valet and the hotel share a relation of master and servant.

Indemnification.
The Permittee, and any person acting under or pursuant to a Valet Parking
Operator’s permit, agrees to indemnify, hold harmless, release and defend
(even if the allegations are false, fraudulent or groundless), to the maximum
extent permitted by law, and covenants not to sue, the City, its Council and
each member thereof, and its officers, employees, board and commission
members and representatives, from any and all liability, loss, suits, claims,
damages, costs, judgments and expenses (including attorney’s fees and costs
of litigation) which in whole or in part result from, or arise out of: (1) any use
or performance under the permit; (2) the activities and operations of the
Permittee and its employees, subcontractors or agents; (3) any condition of
property used in the permitted operation; or (4) any acts, errors or omissions
(including, without limitation, professional negligence) of the Permittee and its
employees, subcontractors or agents in connection with the Valet Parking
operation.6
4 https://valetonly.com/blog/regulations-that-govern-valet-parking-in-the-united-states/
5 https://valetonly.com/blog/regulations-that-govern-valet-parking-in-the-united-states/
6 Los angels ordinance on Valet parking
Disciplinary Action – Additional Grounds. The following acts committed by a
Permittee shall be grounds for disciplinary action in addition to the grounds
listed in Section 103.35:

1. The Permittee, its agents or employees, through carelessness, negligence or
   failure to make proper provision for the safeguarding of vehicles left in their
   custody, have knowingly or unknowingly facilitated or contributed toward the
   theft or conversion of any such vehicle, or of the contents thereof, or the
   damaging of any such vehicle; or
2. The Permittee, its agents or employees failed to cooperate with the police to
   aid in the investigation of any theft or other crime committed on a parking lot
   used by Permittee, or which arose out of the conduct of the business for which
   the permit was issued; or
3. The Permittee, its agents or employees knowingly delivered a vehicle in their
   custody to a person not the registered owner or entitled to possession of such
   vehicle; or
4. The Permittee’s Valet Parking operation negatively impacted traffic or
   disrupted the peace and quiet within any area of the City; or
5. The Permittee failed to comply with any City business tax and parking
   occupancy tax laws; or
6. The Permittee failed to comply with any of the operating requirements in
   Subdivision (d) of this section, or any rules or regulations adopted by the Board
   governing valet parking.
   Violation. Violations of the operating requirements in Subdivision (d) of this section, or
   any rules or regulations adopted by the Board of Police Commissioners governing valet
   parking, shall not be prosecuted as misdemeanors, but shall be subject to administrative
   sanctions and civil remedies as provided by this Code, or at law or in equity, or any
   combination of these.
   Any person operating as a Valet Parking Operator without a permit as required in subdivision (b)
   of this section shall be guilty of a misdemeanor.7
   Severability:
   If any provision of this ordinance is found to be unconstitutional or otherwise
   invalid by any court of competent jurisdiction, that invalidity shall not affect
   the remaining provisions which can be implemented without the invalid
   provisions and, to this end, the provisions of this ordinance are declared to be
   severable.8
   The above extract from the ordinance of valet parking in Los Angles gives us
   the information how the valet parking rules and regulations in united States
   help consumers or protects consumers from theft or any misconducts which
   are done by the valet parking agency. The rules regarding the valet parking in
   U.S.A are amended in consideration with the prospective of consumers.