C2RM… To Know More
Something Awesome Is In The Work
DAYS
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Practice Location: HIGH COURT
RESUME OF
SRI. KISHAN DUTT KALASKAR,
(Former Judge and Advocate, Bengaluru)
REQUEST
TO INCLUDE MY NAME ON THE LEGAL ADVISOR
==================================================================
1.NAME: KISHAN DUTT KALASKAR
2.FATHER’S
NAME: LATE SRI. GYANAPPA KALASKAR
3.
DATE OF BIRTH: 12.03.1961 ( 55 YEARS )
3A.
EDUCATION :
B.Com (First Class from Osmania) LL.B (Gulbarga)
4.
EXPERIENCE: Junior and Senior Civil
Judge & Metropolitan Magistrate . ( Served for 20 Years, From 1992 To 2012 )
A:
Related Spl Exp: Decided several
types of civil, criminal, land acquisition, cheque bounce, motor vehicles and
other varities fo cases.
B)
Worked as Head of the Legal Cell, Revenue, Home etc., in Govt. of Karnataka
C)
Worked as Central Project Officer and in-charge of entire Karnataka, to look
after computerization of High Court of Karnataka and Sub-ordinate Courts
D)
Worked as in-charge Deputy Secretary, High Court of Karnataka Legal Services Committee
and presided over High Court Lok Adalats Daily from 5 p.m. to 7.30 p.m. along
with High Court Judges.
5.
EXPRERIENCE: A) 7 YEARS
EXPERIENCE AS ADVOCATE
B) 20 YEARS EXPERIENCE AS JUDICIAL OFFICER
C) Legal Advisor, Enquiry Officer and Advocate since July 2012
6. EXTRA TALENTS:
1. Worked on the Editorial Board of Karnataka Law
Journal
2. Presently on the Editorial Board of www.scconline.com Reputed Law Journal
3. On the Enquiry Panel of BESCOM (Bangalore Electricity Supply Company)
4. On the Enquiry Panel of Wonder
La, Bangalore
5. On the
Enquiry Panel of Shakti Precision
Components (India), Bangalore-48
6. On the Enquiry Panel
of KSTDC (Karnataka State Tourism
Department Corporation)
Address for Communication:
Kishan Dutt Kalaskar
No.74,
First floor,
6th
cross, Malleswaram, BENGALURU - 3
Mob:
9686971935, Land: 080-23461189
E MAIL: kalaskarnetra@gmail.com
Worked as Junior Civil Judge
Worked as Senior Civil Judge
Worked as Head of the Legal Cell, Revenue Department, Govt of Karnataka
Worked as Incharge Central Project Officer (Computers) High Court of Karnataka
Worked as Junior Civil Judge
Worked as Senior Civil Judge
Worked as Head of the Legal Cell, Revenue Department, Govt of Karnataka
Worked as Incharge Central Project Officer (Computers) High Court of Karnataka
Procedure to track Court Cases online - CNR number – QR code
The digital drive has accelerated
growth in many sectors in India and across the globe and has produced
groundbreaking results in different domains. Digital transformations in forms
of digital literacy, digital infrastructure creation, communication and
networks through digital banking, and digital delivery of services have
seemingly worked as bridging a gap and reducing disparities between authorities,
members or consumers/users. It has established a new and revolutionary set of
channels for transactions. This growth in the digital sector has triggered
issues pertaining to its legal and jurisdictional characterin India.These
issues became essential to address in order to implicate transparency and
convenience between the State and its citizens.
Importance of CNR Number and QR Code
CNR is a unique
number assigned to each case filed in district and taluka courts. Once the CNR
number is entered, you can get the current status and details of the case.
Case status can also
be searched by party name, case number, filing number, advocate name, FIR
number or Act type.
The app is extremely
helpful and beneficial to both lawyers and litigants. By using this app, one
can easily receive notification regarding the next date of hearing of a case.
Judgments copies are
available on the app meaning you need not to have wait for a long to access the
hard copy of the judgment.
One can also access
information by just scanning the QR code.
All information
related to high court and district court cases can be accessed through this
single mobile application.
The QR code option can be
utilized equally by the courts, advocates, thelitigants. The print out of the
QR code generated fromthe ecourt websitemaybe pasted in the case docket by the
courts and the advocates andwiththescan QR code option available in the e
courts mobile app or usinganyotherscan QR code app one can scan the QR code and
get the details of thecaseinone scan which will free the user from manually
typing the 16digitCNRnumber or by entering the other details while searching .
If onestartsusingthis Qr code option it becomes addictive for the user .Just
try theoptionandenjoy its speed and accuracy of getting the case details.
EXCLUSIVE SEARCH FOR FIRs (First Information
Reports – Police Station)
The FIR
registered in the State of Karnataka can be searched in the link and similar
links are available created by different State Governments
https://ksp.karnataka.gov.in/firsearch/en
eCourts in India
eCourts is a revolutionary tool
launched to disseminate legal information in India. On 7th August 2013, the
Hon'ble Chief Justice of India launched the e-Courts National portal of the
eCourts project. eCourt services facilitate citizens by providing information
related to cases filed in subordinate courts and most of the High Courts in the
nation. It enables stakeholders as well
as citizenstoto access various details pertaining to their pending case online.
eCourts services portal is a centralized system where you can check and track
the status or information of the case by inserting essential credentials.
Moreover, citizens can also access data and information about the judicial
system of the country. The judgment search portal also allows to search by
Bench, Case Type, Case Number, Year, Petitioner/ Respondent Name, Judge Name,
Act, Section, and decisions. Additionally, virtual courts enable online
adjudication of cases and are proven to be time and costeffective than
traditional court proceedings. Therefore, litigants can settle triviallegal
disputes like traffic and transport challans, etc. and can also track and
access their status online.
Steps to Follow in the Procedure to Track Court Cases Online
Follow these steps to track the status of your case online on eCourt:
1.
Download e court service application
or visit the website
Services provided by eCourts offer
to check and track the details of your case at your ease where you can get
details on court orders and cases filed in subordinate courts, High Courts, and
the Supreme Court. The public at large can access landmark judgments of cases
and details or updates thereof to boost their legal awareness. In addition, it
also provides e-filing services with virtual court proceedings. ( http://ecourts.gov.in/ )
However, to get personalized details pertaining to your particular case filed, you will be required to log in and enter the credentials of your case as mentioned below to proceed further.
2.
Go to the search menu and enter the
CNR number of your case
Once you have downloaded or visited the official website of the eCourt service, click on the ‘search menu’ section of an application/website and enter 16-digit CNR number of your case which is also commonly known as the case identity number. You will find this number on the document of your registered/filed case. If you are unable to log in with the CNR number, then you can opt for other options such as entering the registration number, litigant’s name, or advocate’s name.
3.
Select your state, district, and
court complex
Select the state and district where the case is filed to determine the jurisdictional authority that applies to your case. The ‘Cause list’ option on the website provides a list of the cases awaiting a hearing.
4.
Click on the case status tab to know
the details of your case
Check the status and once you have entered the details, click on the "Get Case Status" option. The current status of the case will be displayed on the screen. You will be able to see the history of your case.
5.
Save the details
You can also save the case details for future reference by clicking on the "Save this Case" option. However, you will need to register to create an account on the eCourts website to save the case details.
6.
Check for updates
You can check for updates on the professional dashboard of your case.
Conclusion
We can enunciate that digitization
of the legal and jurisdiction system has simplified it for the people with an
introduction of digital India having commitments to ‘power to empower’.
Furthermore, you can also check your police case status online through quick
links on e-court, e-prison, NCRB data portal, and on the website of digital
police that is, www.police.gov.in.
It's crucial to note that not all courts have online case tracking
systems, and even if they do, some information or data may be restricted/sealed
or unavailable to the public.
*****
UNION BUDGET 2023 – POST OFFICE MONTHLY INTEREST SCHEME – AN
ATTRACTION
CONCESSIONS AND BENEFITS EXTENDED BY
POST OFFICE
Finance
Minister Nirmala today announced to increase the maximum deposit limit of Post
Office Monthly Income Scheme (POMIS). The new maximum deposit limit in
this Government of India (GoI) backed small saving scheme will be ₹9 lakh from ₹4.5 lakh for a single account
holder and ₹15
lakh from ₹9 lakh
for joint account holders.
Finance
Minister Nirmala Sitharaman made an announcement in this regard during her
Union Budget speech.
“The
maximum deposit limit for Monthly Income Account Scheme will be enhanced
from ₹4.5 lakh to ₹9 lakh for single account and from ₹9
lakh to ₹15 lakh for joint account," said
Nirmala Sitharaman while presenting the Union Budget 2023 in parliament.
After
this rise in maximum deposit limit from ₹4.5 lakh to ₹9
lakh, minimum amount required to open Post Office Monthly Income Scheme or
POMIS account would remain same ₹1000. Similarly, in a joint account, all
joint account holders will have equal share in the total deposited
amount.
As
per the information available on India Post's official website, “Interest shall
be payable on completion of a month from the date of opening and so on till
maturity." However, if the interest payable every month in Post Office
Monthly Income Scheme or POMIS is not claimed by the account holder, such POMIS
interest shall not earn any additional interest.
Pre-mature
withdrawal is allowed in this small saving scheme but not before before one
year of account opening.
“If
account is closed after 1 year and before 3 year from the date of account
opening, a deduction equal to 2% from the principal will be deducted and
remaining amount will be paid," the Department of Post website claimed
adding, “If account closed after 3 year and before 5 year from the date of
account opening, a deduction equal to 1% from the principal will be deducted
and remaining amount will be paid."
1. VISION FOR AMRIT KAL
·
Opportunities for citizens with focus on the
youth
·
Growth and job creations
·
Strong and stable macro-economic environment
2. SAPTARSHI-7 PRIORITIES
·
Inclusive development
·
Reaching the last mile
·
Youth power
·
Financial sector
·
Green growth
·
Unleashed the potential
·
Infrastructure and investment
3. AGRICULTURE AND COOPERATIVES
·
Building digital public infrastructure:
Building an accessible inclusive and informative solution for farmers.
·
Setting up agriculture accelerator fund: For
the encouragement of innovative ideas for startups in rural areas
·
ANB Horticulture Clean Plant program to be
launched: To boost production of high value horticulture crops
·
Targeted funding: INR 20 Lac Crore agricultural
credit has been targeted as animal husbandry, dairy and fisheries sector.
·
Making India global hub for millets: “project
Sree Anna”, support to be given to IIMR, Hyderabad for promoting research
·
Setting up of widely available storage
capacity: Will enhance farmers remuneration by enabling sale at appropriating
times
4. HEALTH
·
157 new nursing colleges to be established
·
Sickle cell anemia elimination mission to be
launched
·
New programme to research in pharmaceutical to
be launched
·
Joint Public and private medical research to be
encouraged via select ICMR labs.
·
Increased expenditure on health and education
from 1.4% to 2.1% in health and 2.8% to 2.9% in education
5. EDUCATION AND SKILL DEVELOPMENT
·
Revamped teachers training via District
Institutes of Education and Training
·
National Digital Library to be set up for
children and adolescents
·
States will be encouraged to be set up physical
libraries at panchayat and ward levels
6. MASS HOUSING AND ACCOMODATION PLANS
·
9 crore drinking water connections to rural
areas
·
Cash fransfer of INR 2.2 Lac Crore to over 11.4
crore farmers under PM-KISAN
·
Insurance cover for 44.6 crore persons under
PMSBY and PMJJY
·
47.8 crore PM Jan Dhan Yojna bank accounts
·
220 crore Covid vaccinations of 102 crore
persons
·
9.6 crore LPG connections under Ujjawala
program
·
11.7 crore households toilets constructed under
SBM
7. INFRASTRUCTURE AND INVESTMENT
·
Incentives to boost investment in
infrastructure and productive capacity resulting in frowth and employment
·
Increased capital investment outlay by 33.4% to
INR 10lac crore
·
Continuation of 50 year interest free loan to
state govt. to incentivize infrastructure investment
·
Highest ever capital outlay of INR 2.4 lakh
crore for Railways
·
100 transport infrastructure projects
identified for end-to-end connectivity for ports, coal, steel and fertilizers
sector
·
Creating urban infrastructure in tier-2 and tier
3 cities via establishment of UIDF (urban infrastructure development fund)
8. POTENTIAL TRUST BASED GOVERNANCE
·
Make AI in India: three specialized AI centers
to be set up in educational institutes: AI based solutions in agriculture,
health and sustainable cities
·
National Data Governance Policy: Enable access
to anonymized data for research by start-ups and academia
·
Vivad se vishwas I: Less stringent contract
execution for MSMEs: relieve to MSME affected during the Covid period
·
Vivad se vishwas II: Easier and standardized
settlement scheme: Faster settlement of contractual disputes of Govt. and Govt.
undertakings
·
Phase 3 e-Courts to be launched for effective
administration of justice
·
Entity Digi Locker: facilitating secure online
storing and sharing of documents
·
Setting up 100 labs for 5G services based
application
·
R&D grant for lab grown diamonds sector: to
reduce import dependency by encouraging domestic productions
9. GREEN GROWTH
·
PM-PRANAM to be launched: will incitivize
states/UT to promote usage for alternative fertilizers.
·
500 new waste to wealth plants: to be
established under the GOBAR Dhan scheme for promoting circular economy
·
Sustainable ecosystem development: MISHTI:
Mangrove plantation along the coastline
·
Amrit dharohar for optimum usage of wetlands
10. FINANCIAL SECTOR
·
Setting up of national finance information
registry: to enable efficient lending, promote financial inclusion and enhance
financial stability
·
Setting up of a central data processing center:
for faster handling of administrative work under the Companies Act
·
Credit Guarantee scheme for MSME: expanded
corpus under a revamped scheme to enable additional collateral free guaranteed
credit for INR 2 lac crore
·
Mahila Samman Bachat Patra: One time new small
savings scheme for a 2-year period with a deposit facility of up to INR 2 lacs
for women
·
Benefits for senior citizens: enhanced maximum
deposit limit for senior citizens saving scheme from INR 15 lacs to 30 lacs.
·
Other initiatives: To promote business activity
on GIFT IFSC
Create more trained professional in
securities market via award of educational certificates
11. FISCAL MANAGEMENT
·
50 year interest free loans to states:
To be spent on capital
expenditure within 2023-24
Part of the loan in
conditional on states increasing actual capital expenditure and parts of outlay
will be linked to states undertaking several reforms
·
Fiscal deficit of 3.5% of GSDP allowed for
states (0.5% tied to power sector reforms)
·
Fiscal consolidation: targeted fiscal deficit
to be below 4.5% by 2025-26
12. TAX BENEFITS FOR INDUSTRY
·
Enhanced limits for micro enterprises and
professionals to avail benefits of presumptive taxation; 95% of receipts to be
non cash
·
Deduction on payment made to MSME to be allowed
only when payment is actually made
·
Extending 15% corporate tax benefits to new
co-operatives commencing manufacturing till 31st march 2024
·
Higher limit of INR 2 lacs for member for
deposit and loans in cash by PACS and PCARDBs
·
Higher limit of INR 3 Crore for TDS on cash
withdrawal for co-operative societies
·
Extension of the date of incorporation by one
year for income tax benefits to startups
Benefits to carry forward of
losses on change of shareholding of startups from seven years of incorporation
to 10 years.
******
Discharging
and Quashing in Criminal Cases
In criminal cases, it is crucial to
consider all available options for the accused, particularly whether to file a
petition for Discharge or go before the High Court in a quashing petition. The
question of whether the accused should apply for Discharge under Section 227 or
Section 239 under the Code of Criminal Procedure, 1973 (Cr.P.C.) to the trial
court or apply to the High Court under Section 482 of the Cr.P.C. to have the
summoning orders quashed, provided they believe their case has some merit for
such relief.
What
is Discharge?
The remedy provided to the falsely accused
individual under the Criminal Procedure Code of 1973 is known as a Discharge
Application. This Code contains the guidelines for submitting a discharge
application if the accusations brought against him are untrue. He is entitled
to be dismissed if the evidence presented to the court is insufficient to
establish the offence and there is no prima facie evidence against him.
Essential
elements of Discharge
The following essential components must be
present for the Court to assess the Charge sheet and Police Report that were
provided to it by the police, in accordance with Section 173:
·
If
he sees proper, the Magistrate may question the Accused.
·
Following
that, the prosecution and the accused parties' arguments and their stories
would be heard.
·
Grounds
against the accused should be without merit if no supporting documentation
exists. The Court must also be certain that the accused is not the subject of a
valid first charge.
The accused is discharged if the
aforementioned requirements are met.
When
an accused can be discharged in different kinds of cases
·
Discharge
of accused in warrant cases based on a police report
The final charge sheet under Section 173
of the Code is often filed by the police when their investigation is complete. The court in question then starts the
accused's trial. However, Sections 239 and 227 of Cr.P.C. have procedures that
allow an accused individual to be released before charges are filed against him.
These rules, however, may only be invoked by the Accused in warrant cases.
·
Discharge
of accused in warrant cases instituted on a police report before Magistrate
The final charge sheet against the accused
is typically filed by the police when their investigation is complete. After
then, the court in question presents the accused with the allegations that have
been brought against him. The Cr.P.C., however, provides a procedure that
allows the accused to be freed before formal accusations are brought against
him.
Suppose the Magistrate determines that the
charge against the accused is without merit after carefully reviewing the
police reports. In that case, all the documents submitted pursuant to Section
173, the examinations of the accused, if any. After hearing the prosecution and
accused, he shall discharge the accused and note his justifications.
·
Discharge of accused in Sessions Trial
According to Section 227 of the Code, if
the Judge determines that there are insufficient grounds to proceed against the
accused, after hearing the prosecution's and accused's arguments and taking
into account the case file and any documents submitted with it, he shall
discharge the accused and note the specifics of his decision. An accused
person's Discharge cannot be issued before taking into account the accusations
in the chargesheet and the pertinent legal precedent.
Important
Case law
The Hon'ble Supreme Court ruled in Smt.
Rumi Dhar v. State of West Bengal &Anr. (2009) 6 SCC 364 that the learned
Judge should examine the specific charges levelled against each accused
individual when evaluating an application for Discharge made in accordance with
Section 239 of the Code to determine whether or not a case has been made out at
all.
What
is Quashing?
It is determined that Section 482 Cr.P.C. is within the ambit of the High Court's inherent
powers and is relatively unusual in criminal law. It appears to be the most
potent instrument given to the High Court under the Indian Constitution's
procedural provisions. It indicates that the High Courts of a specific state
are the only ones who may employ this stipulated clause, and the Superior
authorities may never revoke the High Courts' inherent power.However, only the
courts have the right to use these authorities to provide complete and
acceptable justice to the parties in front of them and to prevent misuse of the
legal system. In accordance with section 482 CrPC of the new Code, this is done
with an inherent capacity to uphold justice, right wrongs, and prevent abuse of
the legal system. It is important to note that the high court's inherent powers
should only be employed in limited circumstances.The Code of Criminal Procedure
(Amendment) Act of 1923 added this section because it was determined that the
high courts were unable to provide complete justice when it was determined that
the given case demonstrated ex-facie or occasionally prima facie illegality that
was frequently observable and obvious.
Essential
elements of Quashing
However, it is argued here that this
provision includes three scenarios in which such inherent jurisdictional rights
may be used. These are as follows:
·
To
avoid misuse of the court's procedures.
·
To
fulfil the purposes of justice.
·
To
put into effect a Cr.P.C. order.
The following points can be used to conclude
what is coherent with the goals of 482 Cr.PC: The inherent authority of the
High Court is the most potent tool under Section 482 of the Code of Criminal
Procedure, and it undoubtedly acts in a particular manner in criminal law. This
process is primarily employed to purge the realm of criminal proceedings of all
corrupting and malevolent influences.
Important
Case Law
In Som Mittal v. Govt. of Karnataka, the
Supreme Court ruled that the authority granted by Section 482 Cr.P.C. must only
be used in the rarest of circumstances. The use of inherent power, as described
in Section 482 of the Code of Criminal Procedure, is an exception rather than
the rule. The exception is only used when it is brought to the Court's
attention that a serious injustice would have been done if the trial had
continued and the accused would have been subjected to needless harassment. At
first glance, it would seem to the Court that the trial
would likely result in an acquittal.
*****
Analyzing legal and security issues in cyber
contracts
(E - contracts)
The world of the internet has provided
convenience in almost all aspects of life. It has seemingly worked in
connecting people all around the globe. As a result, people are more comfortable,
and everything is just a click away. The very radiant impact of this reflects
in the corporate world through the boost of e-commerce across the board. Businesses
and legal or formal paperwork have robotized with the help of technological
advancement and electronic mediums. Traditional contracts and agreements by pen
and paper are getting replaced by online contracts or e-contracts. Hence, we
can enunciate that e-contracts are nothing but the digitized version of
traditional contracts.
However, essential elements
of a contract are not different as e-contracts are also governed under the
Indian Contract Act, 1872, along with the provisions followed under Information
Technology Act, 2000, Indian Evidence Act, 1872, Payment and Settlement Act,
2007 and Electronic Commerce Act, 1998. As cyber contracts are also governed by
the Indian Contract Act, 1872, the essential elements of a valid e-contract are
similar to a traditional contract. In addition, Clickwrap agreements,
Browsewrap agreements and Shrinkwrap agreements are three general kinds of e-contracts.
These
are the essential ingredients of an e-contract:-
The legal and regulatory
framework in India for the validity of cyber contracts
The provisions laid down
under the Act do not limit electronic contracts or agreements unless they
violate the general principles of a valid and legitimate contract enforceable
under the law. Under Section 2 (b) of the Act, acceptanceof the valid offer and
other essentials are considered valid criteria for forming the contract.
Linking to the E-Contract is a form of acceptance when we agree by clicking on
"I agree" to all the supplier's/ originator's terms and conditions.
In congruence with this section
defined by the Indian Evidence Act of 1872, the judicial systems in India
acknowledge electronic documents with the effect of special provisions as
evidence relating to the contents of electronic records. However, it is also
pertinent to section 65-B of the Act and the conditions prescribed therein,
fulfilling its admissibility in the court.
By section 10A of the Act,
if the contract formation meets all the requisites as per the provisions of the
law, then it shall not be deemed unenforceable solely on the ground of its
medium. Furthermore, In e-contracts, digital signatures will be required to
authenticate communication between the parties, defined under Section 2 (p) of
the Information Technology Act, 2000.
The Indian legislative system brought the Act to
oversee the challenges related to cyber contracts. The Act comprises 15
divisions and lays down essential rules and requirements for genuine
e-contracts.
Legal
and security issues faced by E Contracts
Judicial issues:
Choice
of the applicable law
It gets slightly tricky to determine which
law will govern the dispute in case of cyber contracts in the absence of the
choice of the law by the parties to an agreement, i.e. originator and
addressee. Consequently, several civil laws may be affected in deciding relevant
substantive laws in cross-border commercial transactions.
Choice
of the court of jurisdiction
Since transactions like cyber contracts are
paperless, it becomes relatively difficult to determine the court's jurisdiction
in case of a breach or violation of the contract or any terms thereof. However,
as per Section 13 (3) of the IT Act, the electronic record is deemed to be
dispatched at the business place of the originator, whereas, for the addressee,
it is considered to be at the business place where he has received the same.
Subsequently, the issue may emerge where the location of the computer source is
dissimilar from the principal place of the enterprise or a communicator. Also,
when the parties are engaging in e-contract terms from different borders of the
world.
Competency
and free consent
Section 10 of the Indian
Contract Act primarily governs contracts that include e-contracts in India.
Consequently, Section 10, 11, and 12 of the Act mandates free consent and competence
of the parties to enter a contract which are essential ingredients for a valid
contract formation under the law. Since this also applies to cyber contracts, a
situation may arise where an incompetent person be it minor or any other, may
accidentally or fraudulently get access or either by clicking on ' I agree' to
the terms of the contract.
Security Issues:
Security
and privacy threat
More often than not, security and privacy
issues majorly affect online transactions, irrespective of whether they are
commercial or on the applications or a shopping website with buyer and seller
agreements. Internet malpractices such as hacking, phishing, and email
satirizing are some prominent drawbacks in web-based transactions and
contracts.
Signature
authentication
The binding parties don't have to sign a
contract, as the Indian Contract Act, 1872 recognizes both, i.e. oral and
written agreements. However, a digital signature represents the party's
intention or consent to enter a contract, which may be subject to suspicion due
to cyber fraud in the virtual world.
Loss
due to technical error
Loss due to technical error is one of the
most prevalent issues affecting transactions and contracts in the virtual
environment.
Data
forgery and Identity theft
Section 66, read with Section
43 of the Information Technology Act, 2000 explicitly deals with onlinefraud.
Nonetheless, it also incorporates identity theft, which includes imitating the
buyer, a person, or an enterprise and dealing in unlawful activities that may
involve criminal intent.
Court precedent in India on the online
contracts
Trimex International Fze Limited v. Vedanta
Aluminium Limited
The offer and acceptance were transmitted by
email without signature documents in the given case. The issue pertained to the
question of whether the contract is held to be valid in the absence of the formal
subsistingagreement. The Hon'ble Supreme Court in the given case pronounced its
judgment as once a contract is reached within the electronic system of the
parties, it fulfils all the essentials of the said contract under the
provisions of the laws to which it is subjected, the mere notion that a formal
agreement must be needed has no bearing on its validation.
Above are some of the legal
and technical issues whiche-contracts face in India and globally. However,
these legal and technical limitations can be curbed with the implication of the
substantial yet specific laws for the contracts and transactions happening
digitally. Nevertheless, with innovations and inventions in technological
trends, the growth of the digital wave is quite evident in the world of
business, and independent e-contract governance can transform it into a success
with better control over the issues.
Conclusion
The world has moved on and
adapted various approaches to tackle the problems associated with business
trades. With e-contracts coming into the picture, an arrangement can be made
between two parties residing in different corners of the world from their place
of business. The e-contract mechanism has reduced the parties' physical
presence while signing the agreements but has also increased the fear of
falling into online fraud. Many people have gained through this new mechanism
but still, a handful of people have been left behind, fearing they might get
into trouble. Appropriate safeguards are required to protect the parties' interests by legal justification and clarity of
jurisdiction if a party breaches the terms of the e-contract. Depending upon
the trade, the traditional way of agreement might vanish in the coming days,
and the new e-contract will replace it.
*****
No.74, 1st Floor, 6th Cross, Malleswaram, Bengaluru, Bengaluru, Karnataka, India, 560003
Call us : 9686971935
E-mail : kalaskarnetra@gmail.com
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SECONDS
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SoOLEGAL Transaction Services Agreement :
By registering yourself with SoOLEGAL, it is understood and agreed by you that the Terms and Conditions under the Transaction Services Terms shall be binding on you at all times during the period of registration and notwithstanding cessation of your registration with SoOLEGAL certain Terms and Conditions shall survive.
"Your Transaction" means any Transaction of Documents/ Advices(s), advice and/ or solution in the form of any written communication to your Client made by you arising out of any advice/ solution sought from you through the SoOLEGAL Site.
Transacting on SoOLEGAL Service Terms:
The SoOLEGAL Payment System Service ("Transacting on SoOLEGAL") is a Service that allows you to list Documents/ Advices which comprise of advice/ solution in the form of written communication to your Client who seeks your advice/ solution via SoOLEGAL Site and such Documents/ Advices being for Transaction directly via the SoOLEGAL Site. SoOLEGAL Payment Service is operated by Sun Integrated Technologies and Applications . TheSoOLEGAL Payment System Service Terms are part of the Terms & Conditions of SoOLEGAL Services Transaction Terms and Conditionsbut unless specifically provided otherwise, concern and apply only to your participation in Transacting on SoOLEGAL. BY REGISTERING FOR OR USING SoOLEGAL PAYMENT SYSTEM , YOU (ON BEHALF OF YOURSELF OR THE FIRM YOU REPRESENT) AGREE TO BE BOUND BY THE TRANSACTIONS TRANSACTION TERMS AND CONDITIONS.
Unless otherwise defined in this Documents/ Advice or Terms & Conditions which being the guiding Documents/ Advice to this Documents/ Advice, all capitalized terms have the meanings given them in the Transactions Transaction Terms and Conditions.
S-1. Your Documents/ Advice Listings and Orders
S-1.1 Documents/ Advices Information. You will, in accordance with applicable Program Policies, provide in the format we require. Documents/ Advices intended to be sold should be accurate and complete and thereafter posted through the SoOLEGAL Site and promptly update such information as necessary to ensure it at all times that such Documents/ Advices remain accurate and complete. You will also ensure that Your Materials, Your Documents/ Advices (including comments) and your offer and subsequent Transaction of any ancillary Documents/ Advice pertaining to the previous Documents/ Advices on the SoOLEGAL Site comply with all applicable Laws (including all marking and labeling requirements) and do not contain any sexually explicit, defamatory or obscene materials or any unlawful materials. You may not provide any information for, or otherwise seek to list for Transaction on the SoOLEGAL Site, any Excluded Documents/ Advices; or provide any URL Marks for use, or request that any URL Marks be used, on the SoOLEGAL Site. In any event of unlawful Documents/ Advices made available for Transaction by you on SoOLEGAL site, it is understood that liabilities limited or unlimited shall be yours exclusively to which SoOLEGAL officers, administrators, Affiliates among other authorized personnel shall not be held responsible and you shall be liable to appropriate action under applicable laws.
S-1.2 Documents/ Advices Listing; Merchandising; Order Processing. We will list Your Documents/ Advices for Transaction on the SoOLEGAL Site in the applicable Documents/ Advices categories which are supported for third party REGISTERED USERs generally on the SoOLEGAL Site on the applicable Transacting Associated Properties or any other functions, features, advertising, or programs on or in connection with the SoOLEGAL Site). SoOLEGAL reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the SoOLEGAL Site. We may use mechanisms that rate, or allow users to rate, Your Documents/ Advices and/or your performance as a REGISTERED USER on the SoOLEGAL Site and SoOLEGAL may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions. Transactions Proceeds will be paid to you only in accordance with Section S-6.
S-1.3 a. It is mandatory to secure an advance amount from Client where SoOLEGAL Registered Consultant will raise an invoice asking for a 25% advance payment for the work that is committed to be performed for the Client of such SoOLEGAL Registered Consultant. The amount will be refunded to the client if the work is not done and uploaded to SoOLEGAL Repository within the stipulated timeline stated by SoOLEGAL Registered Consultant.
b. SoOLEGAL Consultant will be informed immediately on receipt of advance payment from Client which will be held by SoOLegal and will not be released to either Party and an email requesting the Registered Consultant will be sent to initiate the assignment.
c. The Registered Consultant will be asked on the timeline for completion of the assignment which will be intimated to Client.
d. Once the work is completed by the consultant the document/ advice note will be in SoOLEGAL repository and once Client makes rest of the payment, the full amount will be remitted to the consultant in the next payment cycle and the document access will be given to the client.
e. In the event where the Client fails to make payment of the balance amount within 30 days from the date of upload , the Registered Consultant shall receive the advance amount paid by the Client without any interest in the next time cycle after the lapse of 30 days.
S-1.4 Credit Card Fraud.
We will not bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorised use of a third party's credit card information) occurring in connection with Your Transactions. We may in our sole discretion withhold for investigation, refuse to process, restrict download for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Documents/ Advices if we ask you to do so. You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.
S-2. Transaction and Fulfilment, Refunds and Returns
S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
1. Fulfilment by Registered User/ Consultant - In the event of Client seeking consultation, Registered User/ Consultant has to ensure the quality of the product and as per the requirement of the Client and if its not as per client, it will not be SoOLEGAL’s responsibility and it will be assumed that the Registered User/ Consultant and the Client have had correspondence before assigning the work to the Registered User/ Consultant.
2. Fulfilment by SoOLEGAL - If the Registered User/ Consultant has uploaded the Documents/ Advice in SoOLEGAL Site, SoOLEGAL Authorised personnel does not access such Documents/ Advice and privacy of the Client’s Documents/ Advice and information is confidential and will be encrypted and upon payment by Client, the Documents/ Advice is emailed by SoOLEGAL to them. Client’s information including email id will be furnished to SoOLEGAL by Registered User/ Consultant.
If Documents/ Advice is not sent to Client, SoOLEGAL will refund any amount paid to such Client’s account without interest within 60 days.
3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
4. SoOLEGAL will remit the fees (without any interest) to its Registered User/ Consultant every 15 (fifteen) days. If there is any discrepancy in such payment, it should be reported to Accounts Head of SoOLEGAL (accounts@soolegal.com) with all relevant account statement within fifteen days from receipt of that last cycle payment. Any discrepancy will be addressed in the next fifteen days cycle. If any discrepancy is not reported within 15 days of receipt of payment, such payment shall be deemed accepted and SoOLEGAL shall not entertain any such reports thereafter.
5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
YOU HAVE AGREED TO THIS TRANSACTION TERMS BY CLICKING THE AGREE BUTTON