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Indirect Taxes/GST/VATCriminal LawCriminal ActsClearance to get a Passport and Visa during the pendency of Criminal CasesThe fundamental rights guaranteed by the Indian Constitution in Part III are a cornerstone of Indian democracy and, thus, play read more
Clearance to get a Passport and Visa during the pendency of Criminal Cases
The fundamental rights guaranteed by
the Indian Constitution in Part III are a cornerstone of Indian democracy and,
thus, play a significant role in protecting the individual rights of citizens.
The right to hold a passport is one of those essential rights that areguaranteed
to citizens of India under Article 21 of the Indian Constitution. A passport is
an official government document that enables an individual to travel
internationally and serves as proof of identity and citizenship. A visa, on the
other hand, is a document issued by a government that allows an individual to
enter, stay, or leave the country for a specific purpose, such as tourism,
work, study, or immigration. Hence, both documents equally serve as needful
documents to individuals who wish to travel overseas for various reasons such
as education, employment, business, medical treatment, and tourism. The right
to hold a passport, like all other fundamental rights, is not an absolute right
and is subject to reasonable restrictions imposed by the government in the
interest of national security, public order, morality, and prevention of crime. This article attempts to
draw an understanding of the right to hold a passport and further elaborates on
the court procedure to be followed for obtaining passport and visa clearance in
the scenarios of pendency of criminal cases.
The right to hold a passport has seen primary development
through the landmark judgement of Maneka Gandhi v Union of India(AIR 1978 SC
597). The Hon’ble Supreme Court indulged in a liberal interpretation of
Article 21 and observed that the right to hold a passport is a fundamental
right under Article 21.
The Maneka Gandhi case, had
far-reaching implications for the interpretation of Article 21 of the Indian
Constitution. Article 21 guarantees the right to life and personal liberty,
including the right to travel freely within the nation and abroad.
Maneka Gandhi, a journalist, and
activist had her passport confiscated by the Indian government without any
prior notice or explanation. She challenged this action in court, arguing that
her right to personal liberty was being infringed. The Supreme Court, in its
judgment, held that the right to personal liberty under Article 21 also
includes the right to travel abroad. The court held that the government could
not impound a passport without allowing the individual to be heard and
explaining the reasons for such action. In addition to the facts of this
ruling, the court also emphasized the importance of the rule of law and due
process, stating that any action that deprives an individual of his/her rights
must be taken per the law and subject to judicial review. The case was
significant because it extended the scope of Article 21 and recognized that the
right to personal liberty includes rights such as the right to travel abroad, privacy,
and a fair trial, by duly focusing on the vitality of due process and
procedural fairness in the exercise of state power and laws. This case case marked a crucial milestone in
the development of Indian constitutional law. Additionally, it was also relied
upon in the case of PoulamiBasu vs The
Government of India (2022 SCC OnLine Kar 1606), wherein a single Bench of
Karnataka HC held that the right to travel abroad is a fundamental right
guaranteed under Article 21 of the Constitution of India.
The Relation of the Pendency of Criminal Cases with Obtaining
Passport/Visa Clearance and Renewal
The government has the power to deny
or revoke a passport on reasonable grounds, such as in cases where an
individual is involved in criminal activities. However, a mere pendency of a
criminal case or a proceeding cannot be considered the only reason to deny the
request to obtain or renew a passport/visa application. In such cases, the
concerned court having jurisdiction may
exercise the discretion to grant permission by scrutinizing and analyzing all
other correlated matters in deciding on the litigation of the applicant in the
broad spectrum of areas of justice and law. In a recent order, the Bombay HC
directed the passport authorities not to reject a man's passport renewal
application merely because of the pendency of criminal proceedings against him,
observing that mere pendency of proceedings is not sufficient to deny him the
right to renew his passport. The court further observedin light of the facts of
the case, that merely because the offense under Sections 406, 420, 120(b) read
with 34 of IPC is pending against the applicant, the said fact by itself is not
sufficient to deny the right of the applicant for renewal of the passport.It directed
the authorities to analyzethe eligibility of the applicant as required under
the provisions of the Passport Act, 1967, and pass orders in accordance with
its provisions, adhering to the note that, The court said that the rights of
persons applying for a passport renewal are regulated by the Passport Act. If
you are perplexed by a similar situation, here we have covered court procedures
to follow in getting passport/visa clearance during the pendency of criminal
cases.
Court Procedure forObtaining Passport/Visa Clearance during
the Pendency of Criminal Cases
1.
Collect relevant documents of proof
against your charge sheet.
The accused can apply for a passport
however, firstly, he/she must make sure he has all the relevant documents of
proof and reasons for the same as they will be required to clear the charge
sheet. For instance, the PCC, i.e., Police Clearance Certificate, also called “proof of your good conduct”is
essential.
However, depending on the criminal
charges recorded against the person, you may also need other documents.
2.
Make an application before the
concerned Hon’ble court.
Once you have compiled and verified
all the essential proof documents with the concerned authorities, you will have
to apply before the court where the matter is pending with appropriate prayers.
The said application should contain the details of your pending case attached
with all the relevant documents thereof and the itinerary containing the details
of the trip. The court may consider different valid reasons or parameters for
granting permission from case to case.
3.
Apply to the passport office.
Lastly, you can apply to the
passport office seeking renewal or application of your passport/visa,
fulfilling all other required protocols as directed by them to proceed further.
Court Precedents
1. Prasanth vs Union Of India on 11
January 2022
In this case, the High Court of
Kerala made it clear that a person is entitled to a Police Clearance
Certificate, only if there is no adverse information that would render him/her
ineligible for a grant of travel facilities. There should be no second thoughts
or dispute to the fact that the pendency of a criminal case, though not a
reason which would render a person ineligible for travel abroad, is still a
piece of adverse information. The law obligates that if a criminal case is
pending, a passport can be obtained only with the court's permission.
Conclusion
The abovementioned legal procedures
are subjective in nature. Therefore, the steps explained above are not a
substitute of any legal advice or opinion; however, they intend to create legal
awareness. You must consider taking advice from a professional lawyer for your
specific case, as the severity of the criminal charges may differ and can
attract diverse provisions of the law. The lawyer can help you professionally
in the clearance of charges or getting a passport or visa.
******
IntroductionThe Congress leader Shri Rahul Gandhi was disqualified as a Member of Parliament following his conviction and sentencing.In its notification, the Lok Sabha Secretariat stated that Shri Gandhi read more
Introduction
The
Congress leader Shri Rahul Gandhi was disqualified as a Member of Parliament
following his conviction and sentencing.
In
its notification, the Lok Sabha Secretariat stated that Shri Gandhi is
disqualified as of March 23, the date he was convicted and sentenced.
While
the disqualification of Shri Gandhi has political implications, it also has
legal arguments and precedents. The most important political implication is for
the Congress party's future, as the face of the party's first family is no
longer a Member of Parliament and will be out of electoral politics for the
foreseeable future.
Here,
we discuss the Lok Sabha Secretariat order, the legal framework surrounding
lawmakers' disqualification, and whether Shri Gandhi will run in the 2024
elections.
Background
In
2019, Congress Leader Shri Rahul Gandhi during Lok Sabha Elections made the
alleged comment taking a jibe at Prime Minister Shri Narenda Modi while
campaigning in the Kolar’s City of Karnataka. He made a derogatory
remark that “how come all the thieves have Modi as the common surname”.
Aggrieved by this, the case was filed against Shri Gandhi for his alleged
remarks a complaint was lodged by BJP Member of Legislative Assembly and former
Gujarat Minister Shri Purnesh Modi under Sections 499 and 500 of the Indian
Penal Code. The complainant also claimed that the remark made at the rally
in Kolar, Karnataka was controversial and, defamed the entire Modi community.
After
finding him guilty under Sections 499 (Defamation) and 500 (punishment for
Defamation) of the Indian Penal Code, the Court of Chief Judicial
Magistrate HH Varma sentenced him to two years in jail and imposed a fine of
Rs. 15,000.
Though
the Court suspended his sentence and granted him bail in the case so that he
could file an appeal within 30 days, his conviction was not suspended, which is
required for a stay of the disqualification.
What
is stated in the Lok Sabha order & What is the law regarding
disqualification?
Shri
Gandhi has been declared disqualified for office in accordance with a
notification from the Lok Sabha Secretariat, as per Section 8 of the
Representation of the People Act, 1951, which is mandated by Article 102
(1) (e) of the Indian Constitution.
Section
8 of the Representation of the People Act of 1951
states that a legislator who is sentenced to no less than two years upon
conviction is disqualified. Also, a disqualified lawmaker continues to be
disqualified even after being released from jail.
"A
person convicted of any offence and sentenced to imprisonment for not less than
two years other than any offence referred to in sub-section (1) or sub-section
(2) shall be disqualified from the date of such conviction and shall continue
to be disqualified for a further period of six years since his release,"
says Section 8 (3) of the Representation of People Act, 1951, making Shri
Gandhi ineligible for the 2024 general elections if the conviction is not
revoked by the courts.
"Consequent upon his conviction by the Court of Chief
Judicial Magistrate, Surat in CC/18712/2019, Shri Rahul Gandhi, Member of Lok
Sabha representing the Wayanad Parliamentary Constituency of Kerala stands
disqualified from the membership of Lok Sabha from the date of his conviction
ie. 23 March, 2023," says the Lok
Sabha Secretariant notification.
Shri
Gandhi was found guilty of defaming under Sections
499 and 500 of the Indian Penal Code. As punishment for defamation, Section
500 of the IPC provides for up to two years in prison, a fine, or both.
The disqualification would have been immediately following
the Supreme Court's decision in Lily Thomas vs Union of India and Ors (2013),
which ruled section 8 (4) of the Representation of People Act, 1951, as
unconstitutional.
Prior to the 2013 decision, MPs and MLAs facing
disqualification were granted relief under Section 8 (4) of the
Representation of People Act, 1951. It stated that the disqualification
would be delayed for three months from the date of conviction, and that it
would remain suspended until the higher courts decided on a petition or
revision application for the conviction.
What Legal options does he now have?
As the Section 8 (3) of the Representation
of People Act, 1951 stated that, "a person
convicted of any offence and sentenced to imprisonment for not less than two
years other than any offence referred to in sub-section (1) or sub-section (2)
shall be disqualified from the date of such conviction and shall continue to be
disqualified for a further period of six years since his release," and
Section 500 of the Indian Penal Code states that “Whoever defames another shall be
punished with simple imprisonment for a
term which may extend to two years, or with fine, or with both”.
The Immediately relief which Shri Gandhi can seek from higher
courts is a stay on conviction or else reduction in sentence from 2 years to a
lesser time period or only fine as penalty. If an appellate court, such as a
High Court or the Supreme Court, stays his conviction, Shri Rahul Gandhi's
disqualification from parliament can be prevented.
"If Gandhi, in his appeal, seeks a stay of his
conviction and the appellate court grants it, he will no longer be
disqualified." "However, it is critical to remember that the stay
must be on his conviction, not just his sentence," Justice Nandrajog explained.
According to statistics, in 2020, there were a total of 35,766 fatal car accidents on roadways across the United States. Another 1,593,390 crashes resulted in injuries and 3,621,681 caused property damage. read more
According
to statistics, in 2020, there were a total of 35,766 fatal car
accidents on roadways across the United States. Another 1,593,390 crashes
resulted in injuries and 3,621,681 caused property damage. If you have been
involved in a car accident and are considering filing a claim, it's important
to understand what to expect during the process.
In an attempt to pay out as little as possible, most insurance companies
will dispute or try to discredit the claimant’s version of events and may use
various defense strategies to minimize or deny your claim. To help you claim
compensation for damages arising out of your accident, it is advisable to seek legal
advice from an experienced car accident law firm such as Travis
Heller, who can advise you on the merits of your claim and assist you in
getting the compensation you deserve. In
this article, we'll discuss some of the defense strategies used by insurers so
you can prepare for and challenge them should they arise.
Disputing the Extent of
Damages
An insurer may dispute the extent of your damages in a car accident claim
by arguing that your injuries were not caused by the accident or that your
medical treatment was unnecessary or excessive. They may also seek to limit
their liability by arguing that your claim relates to a pre-existing injury
that is not attributable to the defendant’s actions.
An insurer may also disagree with the value of your property damage or
other losses, such as income. To support their position, they may hire their
own experts to examine the evidence or request an independent medical
examination.
Using Comparative
Negligence
Comparative
negligence is a legal doctrine that allows a court to allocate fault between the
parties in an accident. In some states, if a claimant is found to be partly at
fault for the accident, their damages may be reduced by the percentage of their
fault. An insurer may use comparative negligence as a defense strategy to argue
that you were partly responsible for the accident and, therefore, should not
receive full compensation for your damages.
Asserting Policy
Exclusions
Insurance policies often contain exclusions that limit or exclude
coverage for certain types of damages or events. Insurers may use policy
exclusions as a defense strategy to deny your claim or limit the amount of
compensation you can receive. For example, if you were using your vehicle for
commercial purposes at the time of the accident, such as delivering food or
packages, the insurer may assert that the policy only covers personal use, and
therefore doesn't apply. In this instance, you would need to be covered and
file a claim under a commercial auto insurance policy.
Delaying or Denying the
Claim
Insurers may use delaying tactics or outright deny your claim as a
defense strategy. For example, they may argue that your evidence is
insufficient, that you missed a deadline, or that you failed to provide all the
necessary information. They may also simply drag out the claims process, hoping
that you will give up or settle for a lower amount.
These are some of the defense strategies an insurer may use to avoid
liability or to negotiate a lower settlement amount.
· What is a License Agreement? · What is a Lease? · Difference read more
·
What is a
License Agreement?
·
What is a
Lease?
·
Difference
between Leave & License and Lease Agreement
·
How to
distinguish Lease from License or vice-versa
1.
What is a License Agreement?
A "license", as described by
Black's Law Dictionary, is the right to perform a certain act or set of
acts on someone else's property without owning any estate therein. According to
the Oxford Dictionary of Law, under a License it is permissible to enter
or occupy someone else's property for a predetermined reason.
While various courts have elaborated on the
legal concept from time to time, the basis of the leave and license agreement
can be found in the Indian Easements Act of 1882. Section 52 of the Indian Easements Act states, "Where one person grants to another, or to a
definite number of other persons, a right to do, or continue to do, in or upon
the grantor's immovable property, something which would, in the absence of such
right, be unlawful, and such right does not amount to an easement or an
interest in the property, the right is called a license."
2.
What is a Lease?
According to
Black's Law Dictionary, a "Lease" is a conveyance of lands or
tenements to a person for life, for a certain period of time, or at will in exchange
for rent or another kind of payment. It is described as "a contract in which a property owner
provides another person exclusive ownership of the property for an established
duration, in exchange for rent and occasionally for a capital payment known as
a premium," according to the Oxford Dictionary of Law.
Lease has
been defined in Section 105 of the Transfer of Property Act, 1882 which states,
“A lease of immovable property is a
transfer of a right to enjoy such property, made for a certain time, express or
implied, or in perpetuity, in consideration of a price paid or promised, or of
money, a share of crops, service or any other thing of value, to be rendered
periodically or on specified occasions to the transferor by the transferee, who
accepts the transfer on such terms”.
3.
Difference between Leave &
License and Lease Agreement?
The
distinction between a license and a lease is that a lease is not a mere
contract but envisages and transfers an interest in the demised property by
creating a right in favor of lessee in rem. License would only make an action
lawful which without it would be unlawful but not transfer any interest in
favor of licensee in respect of the property. This has been observed in Mangal
Amusement Park (P) Ltd v. State of Madhya Pradesh AIR 2012 SC 3325.
As was also
observed in C.M. Beena v. P.N. Ramachandra Rao, (2004) 3 SCC 595, “Generally
speaking, the difference between a “lease” and “licence” is to be determined by
finding out the real intention of the parties as decipherable from a complete
reading of the document, if any, executed between the parties and the
surrounding circumstances. Only a right to use the property in a particular way
or under certain terms given to the occupant while the owner retains the
control or possession over the premises results in a licence being created; for
the owner retains legal possession while all that the licensee gets is a
permission to use the premises for a particular purpose or in a particular
manner and but for the permission so given the occupation would have been
unlawful”
Differences between Lease and License
are enumerated herein:
Lease |
License |
A transfer of Interest in a property is created |
No transfer of interest is created |
When property is given out on a lease, the lessee is also
assumed to have legal possession of the property. |
While executing a license, no possession is given out to the
Licensee. |
Lease is transferable and heritable i.e. a property can be
sub-leased or inherited by legal heirs of lessee. |
A License is neither transferable nor inheritable. |
4. How to distinguish Lease from License or vice-versa?
The basis
for determining whether the agreement that has been made between the parties is
a lease or not is the real intention of the parties. in C.M. Beena v. P.N. Ramachandra Rao
(Supra)
the Supreme Court stated that "the difference between a lease and a
licence is to be determined by finding out the real intention of the parties as
decipherable from a complete reading of the document, if any, executed between
the parties and the surrounding circumstances" . The court further noted
that it is important to consider the actions of the parties both before and
after the establishment of a relationship in order to determine their
intentions. The Hon’ble Apex court has held similar views in various consequent
judgments as well.
This concept
was first discussed in Associated
Hotels of India Ltd. v. R.N. Kapoor, (1960) 1 SCR 368 wherein it was observed in
Para 28 that, “The following propositions may, therefore, be taken as well
established : (1) To ascertain
whether a document creates a licence or lease, the substance of the document
must be preferred to the form; (2)
the real test is the intention of the parties — whether they intended to create
a lease or a licence; (3) if
the document creates an interest in the property, it is a lease; but, if it
only permits another to make use of the property, of which the legal possession
continues with the owner, it is a licence; and (4) if under the document a party gets exclusive possession of
the property, prima facie, he is considered to be a tenant; but circumstances
may be established which negative the intention to create a lease.”
In Board
of Revenue v. A.M. Ansari, (1976) 3 SCC 512, “A close study of the above
definitions shows that it is the creation of an interest in immovable property
or a right to possess it that distinguishes a lease from a licence. A licence
does not create an interest in the property to which it relates while a lease
does. There is in other words transfer of a right to enjoy the property in case
of a lease.”
“As to whether a
particular transaction creates a lease or a licence is always a question of
intention of the parties which is to be inferred from the circumstances of each
case. For the purpose of deciding whether a particular grant amounts to a lease
or a licence, it is essential, therefore, to look to the substance and essence
of the agreement and not to its form”
Conclusion
In light of the aforementioned considerations, it may be
concluded that a lease document is far more permanent, perpetual, and
transferable. Both an ownership title and an interest in the immovable property
are created in the lessee's favour. A leave and license agreement, on the other
hand, is more frequently used when rent is paid in exchange for the right to
use the property for a certain purpose and no rights are created in
the licensee's favour. Also, as held by the Hon’ble Supreme Court in a catena
of decisions, it is ultimately the intent of the parties and the subsequent
agreement which determines whether the said agreement is a lease or license.
The development of stable financial institutions, particularly banks, is a prerequisite for preserving the overall stability of the nation's financial system. The high level of non-performing assets (NPAs) read more
The
development of stable financial institutions, particularly banks, is a
prerequisite for preserving the overall stability of the nation's financial
system. The high level of non-performing assets (NPAs) in banks and financial
institutions is a serious concern to the public because bank credit
is the engine driving the nation's economic expansion and any obstruction to
the free flow of credit, including the rising NPAs, will unavoidably have a
negative impact on the economy. The cycle of lending-repaying-borrowing is
disrupted when loans are taken out but not returned because a large portion of
the money leaves the financial system. In 2001, the total amount of
outstanding NPAs stood at Rs.83,500/- crores, since then the quantum of
nonperforming assets has been expanding by leaps and bounds, wreaking havoc on
the Indian financial system.
Non-performing
assets, abbreviated as NPAs, are typically defined as loans or advances that
are considered to be in default or arrears. In essence, it refers to
a loan or advance that brings in no money for the bank. Furthermore, a loan is
said to be in arrears if the interest or principal payment is not made or is
missed. On the other hand a loan is said to be in default when the lender
considers the loan agreement has been broken and the debtor is unable to
satisfy his commitments.
Also, NPA’s
were defined as follows by the Narasimha Committee, which was focused on
enhancing the financial system's efficiency:
"A non-performing asset is a loan or advances for which the
principal or interest payment remains overdue for a period of 90 days."
CLASSIFICATION OF NPA’S
For this
reason, the Reserve Bank of India has divided assets into four categories:
standard assets, substandard assets, doubtful assets, and loss assets:
1. Standard Assets: A performing asset is unquestionably a
standard asset. People/organizations holding standard assets make payments as
they become due and create continual revenue. These assets are not NPAs but do
carry a standard level of risk.
2. Sub-Standard Assets: Assets that have been declared as non
performing for a full year
3. Doubtful Assets: Assets that have been labelled as
non-performing for longer than a year are considered doubtful assets
4. Lost Assets: These are considered to be the assets that are beyond restoration.
Identification of these assets is the responsibility of the Central Bank or the
auditors.
Before
designating an asset as non-performing, banks typically take into account a
number of factors. If, however, these reasons are not satisfactory in accordance
with their standards, the loan is designated as non-performing. At that point,
banks can foreclose and use the provided collateral to recover the debt.
Banks are quite concerned about the rise in non-performing assets since it
reduces their earnings and makes it harder for them to make loans through
provisioning. This might be ascribed to careless lending practises, borrowers'
purposeful default, or their inability to repay. Many reform programmes,
including Asset Reconstruction Companies (ARCs), corporate debt restructuring
plans, strategic debt restructuring plans, sustainable structure of stressed
assets, etc., have been introduced in the past to address the NPA issues.
The RBI has
given banks instructions on how to fairly and effectively designate assets as
non-performing. In a nutshell, these guidelines state that when classifying
assets into the aforementioned categories, it is important to take into account
both the degree of clearly defined credit weaknesses and the degree of reliance
on collateral security (such as a promoter guarantee, shares, real estate,
etc.) to pay debts.
It
was anticipated that the Insolvency and Bankruptcy Code's (“IBC”)
resolution mechanism will expedite the process of exerting control over asset
quality. Formerly, the RBI and the relevant bank worked together to find
solutions to issues relating to NPA and restructured assets.
The way that
distressed corporate debtors are resolved has changed as a result of the
introduction of the IBC. It establishes a thorough process for the prompt
liquidation of the corporate debtor under the control of the National company
law tribunal ("NCLT"). The recovery process using the IBC is
substantially quicker, however there are certain difficulties. The number of
cases closed under the insolvency resolution regime has been significantly less
than what was proposed in the resolution, according to figures from the
Insolvency and Bankruptcy Board of India (IBBI). As a result, various
adjustments must be performed in order to guarantee the accuracy of the Code's
application.
RECOVERY OF NPA’S
1. Insolvency and Bankruptcy Code: There were numerous laws and
institutions with overlapping jurisdictions and functions prior to the
implementation of the Insolvency and Bankruptcy Code, 2016, which caused
significant difficulty when handling insolvency and bankruptcy procedures
against both individuals and businesses. In India, there was no legal structure
that offered an effective approach to aid in debt collection, which damaged
banks and other financial organizations and restricted the flow of credit. The
Insolvency and Bankruptcy Code Bill, which the government introduced in 2015
and which was later passed and put into effect in 2016, was created to get over
these obstacles. The object of IBC has
been discussed in Gujarat Urja Vikas Nigam Ltd. v. Amit Gupta, (2021) 7 SCC
209 wherein it was noted that, “The objective of the Insolvency and
Bankruptcy Code, 2015 is to consolidate and amend the laws relating to
reorganisation and insolvency resolution of corporate persons, partnership
firms and individuals in a time-bound manner for maximisation of value of
assets of such persons, to promote entrepreneurship, availability of credit and
balance the interests of all the stakeholders including alteration in the
priority of payment of government dues and to establish an Insolvency and
Bankruptcy Fund, and matters connected therewith or incidental thereto. An
effective legal framework for timely resolution of insolvency and bankruptcy would
support development of credit markets and encourage entrepreneurship. It would
also improve Ease of Doing Business, and facilitate more investments leading to
higher economic growth and development.”
2. Debt Recovery Tribunals: Upon filing of Original Applications,
also known as OAs, in the Debt Recovery Tribunals ("DRT") and appeals
in the Debt Recovery Appellate Tribunals ("DRAT"), the Recovery of
Debts Due to Banks and Financial Institutions Act, 1993 (RDDBFI Act) provided
for quick recourse for lenders and debtors. As a result, the DRTs and DRATs
have been established under the RDDBFI Act to help meet the demand for quick
resolution of NPAs for banks. The DRT also has the authority to rule on
applications made by the borrower or mortgager against secured creditors
for actions conducted in accordance with the Securitization Act. It was
observed in Para 4 of Union of
India v. Debts Recovery Tribunal Bar Assn., (2013) 2 SCC 574 that, “Due
to delays in the disposal of such suits by the civil courts on account of heavy
dockets, the recovery of loans and enforcement of securities suffered. Thus, an
urgent need was felt to work out a suitable mechanism through which the dues of
the banks and financial institutions could be realised expeditiously. This led
to the establishment of DRTs and the Debts Recovery Appellate Tribunals (for
short “DRATs”) under the Rddbfi Act
for expeditious adjudication and recovery of debts due to banks and financial
institutions.”
3. Sarfaesi Act: The SARFAESI Act, also known as the Securitization and
Reconstruction of Financial Assets and Enforcement of Security Interest
Act, 2002, was created following deliberations by committees that the
government had established to look into the necessary legal and financial
system changes and reforms for the debt recovery mechanisms. This Act's primary
goal is to expedite the recovery of delinquent loans and to assist in easing
the rising pressure on the banks brought on by the rise in NPAs. By allowing
them to seize securities and sell them to lessen the burden of non-performing
assets, the act gives banks and financial institutions a vehicle for better
asset recovery. In the case of State
Bank of Travancore v. Mathew K.C., (2018) 3 SCC 85, “The financial institutions
in India did not have the power to take possession of securities and sell them.
The existing legal framework relating to commercial transactions had not kept
pace with changing commercial practices and financial sector reforms resulting
in tardy recovery of defaulting loans and mounting non-performing assets of
banks and financial institutions. Narasimhan Committee I and II as also the
Andhyarujina Committee constituted by the Central Government Act had suggested
enactment of new legislation for securitisation and empowering banks and
financial institutions to take possession of securities and sell them without
court intervention which would enable them to realise long-term assets, manage
problems of liquidity, asset liability mismatches and improve recovery. The
proceedings under the Recovery of Debts Due to Banks and Financial Institutions
Act, 1993 (hereinafter referred to as “the DRT Act”) with passage of time, had
become synonymous with those before regular courts affecting expeditious
adjudication.”
4. Lok Adalats: One of the alternative dispute resolution procedures established
by the government is the Lok Adalat. It serves as a venue for the mutual
resolution of legal disputes or cases that are still pending or in the
preliminary stages of litigation. The Legal Services Authorities Act, 1987
has conferred legal status upon Lok Adalats.
CONCLUSION
The issue of
non-performing assets (NPAs) is getting worse in India, harming both the
banking industry and the country's economy overall since it affects the
availability of credit and causes more and more banks to fail. The Government
is aware of this issue and has taken action to guarantee that the banks are
able to function and that the economy has access to credit. Notwithstanding a
downward trend in loan recovery, it has been observed a decrease in gross
non-performing assets (NPAs). This could be caused by the bank write-offs. The
banks wrote off NPAs of Rs. 1.91 lakh crores in 2020–21. The write-offs in
2019–20 totaled about Rs. 2.2 lakh crores. The overall amount of NPA write-offs
for the five-year period from 2016–17 to 2020–21 is almost Rs. 8.8 lakh crores.
Banks have a
number of challenges in today's society, the most important of which is
non-performing assets, which we have already covered in great detail. So, in
order for the banks to improve their effectiveness and profitability, the
non-performing assets must be effectively managed and monitored. Compared
to 14.5 percent under the SARFAESI Act, the IBC has a recovery rate of 42.5
percent of the amount at issue in NPA cases. In the "Ease of Doing
Business 2020 Report" published by the World Bank, India is ranked 63rd,
up from 77th in 2018. From 108th to 52nd place in the ranking for resolving
insolvency in 2019, India advanced 56 spots. The recovery rate was 26.5 percent
in 2018 whereas 71.6 percent in 2019.
The system
of credit risk management used by banks is where the issue of rising NPAs first
emerged. Banks must set up pre-sanctioning appraisal responsibilities and an
effective post-disbursement supervision with sufficient preventive measures.
Loans should be regularly monitored by banks in order to spot accounts that
could eventually stop performing. To guarantee that funds are used to their
full potential, banks must use their inspectional capabilities. Moreover, banks
may be given the authority to recoup loans from the borrower's guarantor.
Traumatic Brain Injury (TBI) is a severe and often life-changing injury resulting from accidents, sports injuries, or medical malpractice. A TBI can lead to long-term disability, cognitive impairment, read more
Traumatic
Brain Injury (TBI) is a severe and often life-changing injury resulting from
accidents, sports injuries, or medical malpractice. A TBI can lead to long-term
disability, cognitive impairment, and emotional distress. In such cases, it is
crucial to have a Traumatic Brain Injury (TBI) lawyer who specializes in
advocating for the rights of individuals who have suffered a TBI. A TBI lawyer
is critical in pursuing compensation for the damages caused by the injury. In
this blog post, we will explore the role of a TBI lawyer and the specific
responsibilities and duties they undertake to help their clients seek justice
and fair compensation.
Personal
injury cases involving TBIs can be complex and require a thorough assessment of
the facts to determine if negligence or malpractice played a role in the
injury. Traumatic brain injury lawyers will assess the case to determine its
legal merits and decide on an appropriate strategy for seeking compensation for
you. Your lawyer will collect evidence, review medical documents, and analyze
the facts of your case to determine if there is a viable legal claim. They also
work with other legal professionals, such as medical experts, to create a
compelling argument for your case. The lawyer will also evaluate the total cost
of your medical bills, lost wages, and other damages to determine appropriate
compensation.
The legal
aspect of a TBI injury case can be complicated. Your lawyer will provide advice and guidance to help you understand the legal process and your rights
as an injured individual. They can explain the different types of compensation
that may be available, such as punitive damages or medical expenses
reimbursement.
Your
lawyer will also advise you on how to proceed with filing a claim and any other
legal documents that may be required. They will also help you prepare for
hearings and other court proceedings if necessary.
Insurance
companies can be challenging to work with when dealing with a TBI case. A TBI
attorney can help negotiate an appropriate settlement amount considering all your damages, including medical costs and
lost wages. The lawyer will also assess the legal merits of a settlement
agreement to ensure that you are adequately compensated. If a settlement cannot
be reached, a TBI lawyer can represent you in court and fight for the damages
you deserve.
Sometimes,
settlement negotiations with an insurance company can break down and require a
lawsuit. If this happens, your TBI lawyer will be your advocate in court and
provide representation for the case duration. They will present the facts of
your case to a judge or jury and argue on your behalf to seek fair compensation
for any losses you have suffered due to the injury. Court proceedings can be
intimidating, but having a TBI lawyer by your side will ensure you have the
guidance and support to make a strong case for yourself.
The mental and emotional toll of a traumatic brain injury can be significant. Your TBI
lawyer will support you throughout the legal process and help you cope with the
trauma of such an injury. They will ensure your rights are respected and you
receive the justice and compensation you deserve. If you have a problem coping
with the effects of a traumatic brain injury, your lawyer can connect you with
other professionals and support services that can help.
After an
accident, it’s important to seek the guidance of an experienced TBI lawyer. A
good TBI lawyer will provide comprehensive legal services and support to help
you fight for the compensation you deserve. With their assistance, you can rest
assured that you’re getting the best legal representation possible.
What is a Writ?What is the difference between writs issued under Article 32 and Article 226?What are the different types of Writs?What is the Difference between Prohibition and Certiorari?When can writs read more
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 read more
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.
*****
Under which Act, Credit, Debit Cards, ATMs, PhonePe, PayTm Wallets etc., works The Reserve Bank of India (RBI) established the Payment and Settlement Act System, 2007 (PSS Act, 2007), which read more
Under which Act, Credit, Debit Cards, ATMs, PhonePe, PayTm Wallets etc., works
The Reserve Bank of
India (RBI) established the Payment and Settlement Act System, 2007 (PSS Act,
2007), which was approved by the President on December 20, 2007. It becomes
effective on August 12, 2008. The Board for Regulation and Supervision of
Payment and Settlement Systems is a central authority that has been established
by RBI (the country's top institution) with the ability to regulate and
supervise payment and settlement systems (BPSS). The RBI also created the
Payment and Settlement Systems Regulations, 2008 The 12th of August 2008 saw
the implementation of both regulations.
Objectives
The objectives of the
Payment and Settlement System Act, 2007 are to regulate and supervise payment
methods through-out India. The Act vests RBI as the supreme authority and grant
powers and to regulate payment gateways. It also provides legal framework for
‘netting’ and ‘settlement finality’. The RBI established a Board consisting of
industry experts for Regulation and Supervision of Payment and Settlement
Systems as a central body with the jurisdiction to control and oversee payment
and settlement systems (BPSS). The Payment and Settlement Systems Regulations,
2008 were also produced by the RBI. The two regulations went into effect on
August 12th, 2008.
The 2008 Payment and
Settlement Systems Regulations has the following goals:
·
It covers topics pertaining to the
format of an application to allow starting/operating a payment system as well
as the granting of authorization.
·
It establishes the standard for payment
systems and specifies payment instructions.
·
It includes topics pertaining to the
delivery of returns, documents, or other information.
·
It also covers how system providers
produce accounting and balance sheets.
Authorization of payment system
Section 4 of the PSS
Act grants powers only to RBI to operate or launch any payment system, and
anyone else who wants to do so must apply to RBI for permission under Section 5
of the Act in order to do so. The authorisation request must be submitted using
Form A in accordance with PSS Regulations, 2008, Regulation 3(2). The
application must be completed and sent to the RBI together with the necessary
paperwork and a cost of 10,000. The application fee can be paid in cash,
cashier's checks, demand draughts, money orders, checks payable to RBI, or
electronic fund transfers. It can also be submitted electronically. The RBI
must grant permission for the system providers running the payment systems or
wishing to establish such a payment system via this link. Under this Act, any
unlawful use of a payment system would constitute a crime and be subject to
punishment.
Control and jurisdiction over
foreign entities
Between domestic and
international entities, the Act makes no distinctions or distinctions. In
accordance with Section 4 of the Act, it uses the phrase "No Person."
Therefore, it is permitted for foreign organizations to run India's payment
system. Regardless of whether an organization is native or foreign, a license
or approval from the RBI is required before starting a payment system in India.
A foreign company may
provide any service or payment option as the Act puts no bar. The PSS Act of
2007 does not impose any limitations on the type of payment system that a foreign
company may provide as long as the method of payment or the service complies
with the laws of the country. The RBI has granted permission to foreign card
networks like MasterCard, Visa WorldWide Pvt. Ltd., and others, and they are
now managing card programmes in India. Remittance services are also being
offered by foreign entity service providers like Western Union Financial
Services Inc., USA, MoneyGram Payment Systems Inc., etc. who have also been
granted authorization. Get the details
visitation the link
https://www.rbi.org.in/Scripts/PublicationsView.aspx?id=12043
Control over financial market
infrastructures (FMI)
One of the institutions
taking part in a multilateral system is the system operator. This technique is
used to clear, settle, or record payments, securities, or other financial
transactions. FMI refers to Central Securities Depositories (CSDs), Securities
Settlement Systems (SSSs), Central Counter Parties (CCPs), and Trade
Repositories (TRs) as "payment systems" under the Act to facilitate
the clearing, settlement, and recordkeeping of financial transactions. The
Committee on Payment and Settlement Systems (CPSS) and International
Organization of Securities Commissions (IOSC) publish the Principles for
Financial Market Infrastructures (PFMIs). The PFMIs' policies and guidelines
also apply to the FMIs. A foreign Financial Market Infrastructure can also
operate in India. The PSS Act does not prohibit its operation. On
July 26, 2013, the RBI issued a press release titled "Policy Document for
Regulation and Supervision of Financial Market Infrastructures."
Regulatory powers of RBI
The Reserve Bank has
the following authority over requests to authorize payment systems:
In accordance with
Section 7(3) of the Act, RBI may reject the application by sending the
applicant a written notice that outlines the reasons why and gives them a fair
amount of time to respond. Any authorization that the RBI has granted in
accordance with Section 8 of the Act may be revoked. If the system provider
disobeys RBI orders or directives, violates any Act or regulatory rule, or
violates the terms and conditions on which it was granted authorization, the
authorization may be cancelled.
RBI is allowed to
collect permission fees under Section 7. According to Section 15(3), RBI is authorized
to disclose any documents or information it obtains to any person or authority
if it determines that doing so is necessary to protect the integrity,
effectiveness, or security of the payment system, is in the best interest of
banking or monetary policy, or serves the interests of the general public. The
RBI is given the authority to guarantee that the Act's rules are followed by
Section 14 of the Act. The Regulations established by the Act have the
authority to appoint an officer to access any location where a payment system
is in use, inspect any equipment, and call and request any document or
information from any employee of the system provider or participant.
RBI also reserves the
right to perform an inspection where it is required to scrutinize. According to
Sections 17 and 18 of the Act, the RBI has the authority to direct a payment
system or system participant to execute a specific act or refrain from performing
a specific act in order to ensure the smooth operation of the payment system.
Retail
Payments Organisation
i. National Financial Switch
(NFS)
ii. Immediate Payment Service (IMPS)
iii. Affiliation of RuPay Cards (debit cards/
prepaid cards) issued by banks and co-branded credit cards issued by
non-banking financial companies (NBFCs) or any other entity approved by the
RBI.
iv. National Automatic Clearing House (NACH)
v. Aadhar Enabled Payments System (AEPS)
vi. Operation of Cheque Truncation System
vii. Unified Payments Interface
viii. National Electronic Toll Collection (NETC)
Cards Payment
Networks
Cross border
Money Transfer – in-bound only
ATM Networks
Prepaid
Payment Instruments
White Label
ATM Operators
Dispute redressal mechanism
According to Section 24
of the Act, the system provider must set up a panel to resolve disagreements
between system participants, and they must refer any such disagreements that
include two or more participants to the panel. The Reserve Bank will be
consulted if the system participants are not happy with the panel's judgement
or if there is a disagreement between a system participant and the system
provider. If the issue is addressed to the Reserve Bank, an officer of the Reserve
Bank authorised in this regard will make the ultimate and binding decision.
When a dispute arises between Reserve Bank acting as a system provider or
system participant and any other system provider or system participant then the
matter shall be referred to the Central Government which authorizes an officer
of a rank not below the rank of Joint Secretary whose decision shall be final.
*****
It is extremely difficult to maintain peace and order and preserve individual rights in the world's largest democracy and country with the world's largest population and most diverse communities. What's read more
It is extremely difficult to maintain peace and order and preserve individual rights in the world's largest democracy and country with the world's largest population and most diverse communities. What's more challenging is bringing justice in a complicated judicial and political system, where each step of the redressal procedure is influenced by many elements that affect the eventual result. In such a complex situation the witness is the key person who highly influences and key element in bringing the ultimate justice, especially in criminal law. Such witnesses are frequently turned hostile due to either corruption or influence by opposing parties, which obstructs the route to justice for ordinary people.
Who is a Witness?
A witness is someone who witnesses a crime and has the ability to express their feelings when questioned by the Court. The term witness is defined under Section 118 of the Indian Evidence Act 1872 as a person competent enough to understand the Court's questions. Thus, according to this provision, anyone can be a witness unless they are unable to understand and respond to the questions posed to them.
Hostile Witness: When Does A Witness Become Hostile
A witness's role is crucial in any country's criminal justice system. Witnesses, according to Bentham, are the "eyes and ears of justice". To understand the concept of a hostile witness, we must first understand how a witness becomes hostile. The investigative powers of the police are dealt with in Chapter XII of the Code of Criminal Procedure. Police officers have the ability to record witness statements under Section 161(3) of the Cr. P C.
However, according to Section 162, these statements are not admissible in court. Section 162 prohibits accused persons from being prejudiced by admissions given to police officers who may put witnesses under duress. As a result, during the trial, the witness must reiterate what he told the police. In this scenario, the police statements serve as a baseline against which the veracity of the witness can be assessed. If the witness retracts earlier comments, he or she may have been hostile.
Reasons For Witness Turning Hostile
Witnesses turning hostile at trial due to threats are no longer limited to cases of serious offenses such as terrorist acts. Various strategies are used to discourage witnesses from appearing in court to offer evidence. The trial falls apart when a witness retracts previous comments. When a witness makes a statement to police about an offense committed without his knowledge but afterward retracts or alters his stand when deposing before the Court during the trial, he is termed hostile. While there is no provision in the Indian Evidence Act to label a witness hostile, Section 154 gives the Court the authority to let anyone who calls a witness ask him any question that might be asked in cross-examination. Section 145 of the Act allows for cross-examination of any witness regarding his earlier written statement. A witness is said to be hostile if he attempts to suppress the facts, so harming the party who calls him. Such evidence should be discarded as misleading. However, per section 6, any discrepancy in a witness's statement cannot be used to refute the prosecution's case.[1]
There are a variety of reasons why witnesses become hostile during a trial. In most cases, witnesses fear the wrath of accused people with power or influence. In the infamous case of Sidhartha Vashisht @ Manu Sharma v. State (NCT of Delhi)[2], 80 witnesses had turned hostile, which led to his acquittal by the lower Court, though reversed by the higher courts. The landmark judgment of the Zahira Habibulla[3] case ("Best Bakery") throws light on the issue of witness protection apart from the quality and credibility of evidence before the Court. The trial for the infamous Sohrabuddin fake encounter case has also been delayed. Such blatant incidents of hostile witnesses show the extreme side of influence and power in a country where finding justice is already difficult. Such witnesses may be charged under Section 191 of the Indian Penal Code, which provides for a seven-year prison sentence and a fine if they provide false evidence. Perjury, on the other hand, is rarely prosecuted.
WITNESS PROTECTION LAWS IN INDIA
A witness who testifies at a trial has the civil duty to state only the truth. The obligation of the state is to safeguard a witness against dangers to his life or property in several areas. When a witness is intimidated, killed, or harassed, not only is the witness endangered, but also the fundamental right of a citizen to a free and fair trial is upheld. Currently, India does not have a witness protection law in existence. There are provisions in various statutes for victim assistance and witness protection, but there is no integrated legislation that protects witnesses.
Code of Criminal Procedure, 1973
Section 177 of the Code states that in order to get fair and independent evidence, a witness on his way to Court shall not be obliged to follow a police officer and shall not be subjected to unnecessary confinement or inconvenience. Section 299 lays down the right of the accused to cross-examine the prosecution witnesses. In certain extreme circumstances, such as when the accused is absconding and cannot be produced before the Court, the section allows the prosecution to question witnesses in the absence of the accused. As a result, the accused is legally denied the opportunity to cross-examine a prosecution witness in open court. Section 327 of the Code provides for an open court trial. However, if the presiding Judge or Magistrate believes that the public should not have access for whatever reason, access to the general public may be restricted at any stage of any inquiry into or trial of any individual case. Section 372(2) provides for an in-camera trial when the offense is rape. Trial by the camera would not only keep the victim's self-esteem and confidence in line with legislative intent, but it would also likely improve the value of evidence of a prosecutrix because she would not be as cautious or hesitant to depose in a frank manner as she would in an open court in front of the public. Recording of evidence by video conferencing has been held to be admissible in a recent decision of the Supreme Court in State of Maharashtra v. Dr. Praful B. Desai[4] Deposing via video conferencing will enable the victim or witness in giving honest answers without any external pressure. Section 173 requires the police officer to provide a report upon completion of the inquiry. The police officer is obligated by Section 173(5)(b) to send to the Magistrate, along with his report, the statements recorded under Section 161 of any persons whom the prosecution intends to examine as witnesses. A statement recorded under Section 161 does not have to be given to the accused if the police officer forms such an opinion in the interests of justice and the grounds for the same are stated to the Magistrate.
Sections 406 and 407 deal with the jurisdiction of the Supreme Court and the High Court to transfer cases and appeals, respectively, if the Court believes it is in the best interests of justice. Section 312 allows criminal courts to pay witnesses or complainants for reasonable expenses incurred while attending court. In the Best Bakery case, the Supreme Court ordered the transfer of the case from Gujarat to Maharashtra, citing concerns about witness protection as well as the quality and credibility of the evidence. Section 195A permits a witness or any other person to submit a complaint if they are threatened or influenced to give false evidence in relation to any offense.
Indian Penal Code, 1860
Section 228A of the IPC prohibits the publication of the identity of the victim of certain rape offenses while allowing for specific conditions in which the identity may be published. As a result, without the prior authorization of the Court, no matter relating to any of the aforementioned offenses may be printed or published.
The Supreme Court of India emphasized the necessity of an honest witness in ensuring the fairness of a trial in its decisions in State of Gujarat v. Anirudh Singh and Zahira Habbibulla H. Sheikh and Others v. State of Gujarat.
In Zahira Habbibulla H. Sheikh and Another v. State of Gujarat[5], it was observed by the Hon'ble Supreme Court in the following lines: This Court in Vineet Narian v. Union of India (1998 (1) SCC 226) has directed that steps should be taken immediately for the constitution of able and impartial agency comprising persons of unimpeachable integrity to perform functions akin to those of the Director of Prosecution in England. In the United Kingdom, the Director of Prosecution was created in 1879. His appointment is by the Attorney General from amongst the members of the Bar, and he functions under the supervision of the Attorney General. The Director of Prosecution plays a vital role in the prosecution system. He even administers "Witness Protection Programmes". The Witness Protection Programmes are imperative as well as imminent in the context of the alarming rate of somersaults by witnesses with ulterior motives and purely for personal gain or fear of security. It would be a welcome step if something in those lines were done in our country. That would be a step in the right direction for a fair trial. Expressing concern merely in words without the mind to concretise it by positive action would not only be useless but also amount to a betrayal of public confidence and trust.
ANALYSIS OF THE WITNESS PROTECTION BILL, 2015
The Witness Protection Bill of 2015 is India's first concrete move toward ensuring the protection of witnesses outside of courtrooms who come forward to aid law enforcement agencies and suffer significant pressure and threats, particularly when the accused is in a powerful and influential position.
During any stage of the proceedings, a witness has the option of applying for protection within the jurisdiction of the police station that he is assigned to or at the Court, according to the Bill[6]. The Police Officer is given the authority to investigate the threat and report back to the Court. The Applicant shall be protected from any threat to his life, property, or affiliated people in an attempt to influence the testimony of such witness[7]. "Associated individuals" refers to anyone who is related to or has a connection with the witness. The Bill, on the other hand, did not require any rules or factors to be established in order to decide the need to grant protection. The absence of a broad set of limits bestows a great deal of discretion on the authority and so opens the door to abuse of power. The Bill also fails to address the witness's obligations once the witness has been granted protection.
The Bill recognizes three stages in the process of law during which protection must be provided to the witness:
a) Investigation stage
b) Trial stage
c) Post-trial stage, if deemed necessary by the Court if the threat perception still persists
The Bill includes measures such as maintaining the witness's anonymity in criminal matters for the duration of the trial or permanently as requested by the witness, protecting the witness's residential address and redacting it from all official records, allowing cross-examination to be conducted via two way camera, and allowing the witness to be present in all trials via in-camera proceedings. If necessary, the witness may alter his or her identity or place of residence, either temporarily or permanently. The Bill does not address the possibility of a witness being threatened or harassed following a permanent change of identity or residence. According to the Bill, the witness will be given the option of working in a different occupation. If this is not possible, the appropriate government must commit to providing the witness with a stipend consistent with his or her quality of living. However, in a country like India with a severe job crunch, the feasibility of providing the witness with an alternate employment must be questioned. Furthermore, the financial practicality of presenting witnesses with allowances is questionable. In addition, the anatomy of intimidation and terrorisation in cases of sexual offences against women, among other offences, extends beyond mere physical threats. In such a circumstance, simply providing physical security in the form of round-the-clock constables is insufficient.
The Bill also provides for the constitution of the National Witness Protection Council ("NWPC")[8] and State Witness Protection Council[9] by the Central Government and State Governments respectively. The NWPC is responsible for, among other things, establishing policies and framework for the witness protection programme, protecting witness details, and evaluating the effectiveness of the witness protection programme in collaboration with other agencies.
In India, the position of a witness protection is currently unappealing. In 2015, the Witness Protection Bill was tabled in Parliament. According to the seventh schedule of the Indian Constitution, police and public order are State Subjects. The state governments and union territories have been unable to achieve a compromise on the Bill. Delhi is the country's first state to implement a Witness Protection Scheme. Though it is a step in the right direction, the Scheme requires a lot more work in terms of measures, staff, and funding.
[1] Atmaram & Ors. v. State of Madhya Pradesh, (2012) 3 MLJ (Crl) 117 (SC).
[2] Vashisht @ Manu Sharma v. State (NCT of Delhi) 2001 Cri.L.J. 2404
[4] 8 2003 (4) SCC 601.
[5] Zahira Habibulla H. Sheikh and Ors vs State of Gujarat and Ors AIR 2004 SC 346
[6] Section 3 of the Witness Protection Bill, 2015
[7] Section 4 of the Witness Protection Bill, 2015
[8] Section 8 of the Witness Protection Bill, 2015
[9] Section 12 of the Witness Protection Bill, 2015
Patna, India
New Delhi, India
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SoOLEGAL does not take responsibility for actions of any member registered on the site and is not accountable for any decision taken by the reader on the basis of information/commitment provided by the registered member(s).By clicking on ‘ENTER’, the visitor acknowledges that the information provided in the website (a) does not amount to advertising or solicitation and (b) is meant only for his/her understanding about our activities and who we are.
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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