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A big fanfare, hoopla and hullabaloo is being created at present on the social media in India over the resignation of the well known Hindi journalist Ravish Kumar (winner of the Magsaysay award) from read more
The Indian media seems to have forgotten its duty to the nation. Instead of being a representative of the people, it has largely become a representative of the Establishment. Instead of being the Fourth read more
Millions of people are injured each year as a result of injuries they have suffered due to the negligent actions of another. Common personal injuries include slips, trips and falls, road traffic accidents, read more
Millions of people are injured each year as a result of injuries they have suffered due to the negligent actions of another. Common personal injuries include slips, trips and falls, road traffic accidents, medical errors, workplace accidents and defective products. According to the National Safety Council (NSC), 11.7 million people were treated in emergency departments for consumer product-related injuries in 2021. Many of these injuries involve everyday products such as household cleaning products, televisions and even beds.
If certain conditions are met, the injured party may have sufficient grounds for filing a personal injury claim. Personal injury law allows the injured person to file a civil lawsuit seeking a legal remedy for the harm or losses they suffered. This monetary award, known as damages, can compensate a person for their medical expenses, loss of income, pain and suffering, and more.
Most personal injury claims are settled out of court meaning the dispute is settled without the intervention or determination of the courts. If you have suffered a personal injury an experienced personal injury lawyer can help you navigate your claim to ensure you receive a fair and full settlement. In this article, we will discuss some helpful tips to ensure you maximize the amount of compensation you are entitled to during negotiations.
MUTUAL DIVORCE: SECTION 13-B OF HINDU MARRIAGE ACT CONSEQUENCES OF BREACH OF MUTUAL DIVORCE TERMS According to Section 13-B of the Hindu Marriage Act, the husband and wife must jointly file read more
MUTUAL DIVORCE: SECTION 13-B OF HINDU MARRIAGE ACT
CONSEQUENCES OF BREACH OF MUTUAL DIVORCE TERMS
According to Section 13-B of the Hindu Marriage Act, the husband and wife must jointly file the petition in the Family Court with jurisdiction to grant the divorce by mutual consent. The terms of getting a divorce by mutual consent and filing for divorce are specifically mentioned in the statute.
Regardless of whether the marriage was consummated before or after the Marriage Laws (Amendment) Act, 1976 (68 of 1976), both parties to the marriage may jointly petition the district court for the dissolution of the marriage by a decree of divorce on the grounds that they have been living apart for at least one year, that they are unable to cohabit, and that they have mutually decided that the marriage should end.
If the petition is not withdrawn in the interim, the court shall issue a divorce decree upon the motion of either party made not earlier than six months after the date of the presentation of the petition referred to in subsection (1) and not later than eighteen months after the said date, if the petition was not withdrawn in that time.
The points to be included in the Mutual Divorce Petition:
Jurisdiction of the Court under whom the Mutual Divorce Petition is filed:
Section 19:Court to which petition shall be presented. Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction
(i) the marriage was solemnised, or
(ii) the respondent, at the time of the presentation of the petition, resides, or
(iii)the parties to the marriage last resided together, or
(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or]
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.]
Stages Under Mutual Divorce Petition:
Stage 1: Before filing the divorce petition, there must be a one-year separation period. However, in cases of extreme hardship, the court may grant a suspension of this time by filing the proper forms.
Step 2: Preparation of a settlement agreement between husband and wife.
Step 3: At the court stage, filing a joint petition in accordance with Section 13 B of the Hindu
Marriage Act and including affidavits from both the husband and the wife.
Step 4: First Motion statement is recorded.
Step 5: Cooling Off Period of 6 Months
Step 6: Second Motion statement is recorded
Step 7: Divorce Decree granted
When you are searching for any service or products in the internet you read and depends upon various reviews and ratings available in various ecommerce site or portals. Now you can imagine if the reviews read more
When you are searching for any service or products in the internet you read and depends upon various reviews and ratings available in various ecommerce site or portals. Now you can imagine if the reviews or ratings are false, fake or fraud then you will be cheated. The sector which is most affected by Travel and Tourism, restaurant and consumers durables.
In order to stop the menace, from 25th November, 2022 as per standard on Online Consumer Reviews and Ratings introduced by Bureau of Indian Standards, every ecommerce site has to disclose their paid or sponsored reviews or ratings so that people are not confused or misinformed.
If any portal fails to comply the above standards, it will be taken as unfair trade practice and liable to pay compensation as per Consumer Protection Act.
India is the first country to introduce these standards. The website who will provide details of the paid or sponsored reviews will be given a certificate.
How to select a Lawyer and Change of a LawyerIntroduction: The Indian legal profession is one of the broadest and most dignified professions globally. Current records indicate that there are around 1.4 read more
How to select a Lawyer and Change of a Lawyer
Introduction: The Indian legal profession is one of the broadest and most dignified professions globally. Current records indicate that there are around 1.4 million enrolled advocates worldwide. However, this data cannot assist enough when finding a good lawyer. There are multiple conception-based reasons for the number of advocates available and the substantial scenario that persists. The Bar Council of India, in one of the statements, said that one-third of the profession is fake and, subsequently, commands real lawyers in the profession to stand on this issue. Though there is a shortage of lawyers in India as opposed to the number of lawsuits filed and pending, the necessity and demand are growing larger. There are numerous ways by which people connect with lawyers. A few include online research on legal services sites and references by friends and relatives. But, what clients must note while selecting a lawyer is inspecting some essential factors and educating themself. Here we have elaborated on some of the crucial traits you need to check and educate yourself on as a client to find a good lawyer.
Types of advocates and who are advocates and lawyers
In India, people generally deem lawyers and advocates the same. However, advocates are lawyers; not all lawyers are advocates or attorneys. An advocate has learned the law and has a license to practice law. The term advocate is prescribed and defined under Sec 2 (1) (a) of The Advocates Act, 1961. Thus, only advocates can fight in court on the client’s behalf. Furthermore, a qualified lawyer can help you counsel and advise you on legal issues you are stuck with and the documentation therein. They are drawing up legal papers and documents related to wills, divorces, contracts, real estate and mediating disputes.
Crucial points to remember while appointing a lawyer:
Identifying the legal issue
You must identify your legal issue correctly, especially in the case of civil lawsuits. Identifying your issue will help you get a specialist lawyer to help you better deal with the problem with the proper techniques to tackle and resolve the situation immediately. Suppose you are finding a defence lawyer to get disposed of a criminal charge. In that case, you must trust a specialist in the domain who can take up essential responsibilities on your behalf in the court proceedings.
Consider the appropriate level of experience in similar cases
It is impossible to hire a specialist lawyer for everyone but it is better if you go for a lawyer and an advocate with some experience. Whether your problem is severe or minor, the lawyer should understand the problem with the desire to give you the best possible legal advice and service, along with consultation with genuine intentions.
Assess the communication skills and professionalism of the lawyer
These are the most crucial traits of a good lawyer. You can examine these skills by how they talk with you, their time for a response, and their professionalism. Professionalism is one of the ideal qualities of a good lawyer with whom you can share confidential information and documents.
Conduct thorough research on their record
A good lawyer always retains a fair identity and a transparent background. You can check whether the lawyer you are opting for has any criticisms of misconduct, faulty and unclear fee structure, disloyalty, etc., from their former clients.
Discussing potential costs and the fee structure clearly
Keep a professional and transparent legal relationship. As aforesaid, your lawyer should be a good communicator in discussing all the vital aspects indulged in the process. He must provide you with an outline of how they will handle your case, what and how will they determine the fees for the legal advice, expenses incurred in the procedure and everything relating to it.
The modes mentioned above reflect some of a good lawyer's essential and potential qualities. Not every lawyer will be well-experienced, but you mustn't miss any point in checking their authenticity. It doesn't matter what it means you find a lawyer. Conducting some basic tests before choosing the one is your right, just like you do for any other service. Because a wrong lawyer can be your worst nightmare and will not only cause a waste of money but also delay the process of obtaining justice which is your basic human right. Hence, getting a good lawyer by your side is the first and foremost step in resolving cases and getting away with legal issues with the best legal consultation and assistance.
Change of Lawyer Procedure
Order 3 of Civil Procedure Code gives aggrieved persons the right to choose one’s pleader. Therefore changing of pleader with the leave of the Court is possible. The new pleader should submit a duly signed Vakalatnama to the court. Hence it is possible to change one’s pleader. In a few cases problem arises with the case history. If the pleader fails to give it to the client, the client can apply for the order sheet by an application to the Court. Just get NOC (No Objection Certificate) from your previous lawyer and engage another lawyer. If he refuse then get issue a notice by your terminating his Vakalat/Power with immediate effect and engage another lawyer by producing copy of such notice and postal receipt.
Complaint against a Lawyer the Provisions of Advocates Act, 1961 and Rules framed by Bar Council of India.
A complaint against an advocate has to be in the form of a petition. It has to be duly signed and verified as required under the Code of Civil Procedure.
The complaint can be filed in English or in Hindi or in a regional language where the language has been declared to be a state language. In those cases where the complaint is in Hindi or in any other regional language, the State Bar Council shall translate the complaint in English whenever a disciplinary matter is sent to the Bar Council of India as per the Advocates Act.
Every complaint shall be accompanied by the fees prescribed in the Bar Council of India Rules.
The Secretary of the Bar Council may require the complainant to pay the prescribed fees if the proper fee has not been paid. He can also call the complainant to remove any defects and call for the particulars or copies of the complaint or other documents as may be considered necessary.
On a complaint being found to be in order, it shall be registered and placed before the Bar Council for such order as it may deem fit to pass.
Have you ever considered why it is necessary to appoint an external member to the POSH committee?This is because they act as an unbiased, impartial, and independent party when dealing with POSH matters.Furthermore, read more
Have you ever considered why it is necessary to appoint an external member to the POSH committee?
This is because they act as an unbiased, impartial, and independent party when dealing with POSH matters.
Furthermore, they advise and assist POSH committee members to ensure that their decisions are not influenced by senior management.
Some Information on Role of Internal Committee:
v To operate as the receiving and enquiring authority for dealing and investigating all Complaints of Sexual Harassment and to recommend appropriate action for each Complaint as per this Policy and Applicable Laws.
v To provide interim relief, take immediate and appropriate corrective action by doing whatever is necessary to end or prevent any further Sexual Harassment and make the Aggrieved Person emotionally comfortable in accordance with this Policy and in ac-cordance with the Applicable Laws (e.g. by counselling, providing necessary support services and so on).
v To submit a detailed report and recommend appropriate Remedial Action in respect of all Complaints, undertake appropriate analysis and apprise the Senior Management of the same on a periodic / need basis.
v Make follow-up inquiries to ensure the Harassment has not resumed or the Aggrieved Person is not being victimised.
v To facilitate Conciliation for settlement in accordance with Applicable Laws.
v To ensure complete Confidentiality of all Complaints, Enquiry Proceeding in accordance with Section 13.
v To take a decision after the Investigations and Enquiry Proceedings against complaints of Retaliatory behaviour against or victimisation of those involved/ associated with the Complaint or Investigation.
v To organise, deploy and disseminate orientation and training programmes or any other collateral such as notifications, for preventing and creating awareness regarding the is-sue of Sexual Harassment.
v Submission of Statutory Report and comply with information requirements in the Annual Report.
On 24th February, 2022 Russian military forces invaded Ukraine, and since then the war is going on. There has been international condemnation of the Russian invasion. The UN General Assembly has called read more
I have often said that modern Hindi poetry has no ‘dum’ ( power ) in it compared to Urdu poetry. In this connection I am reminded of an incident which happened a few months after I had been appointed read more
What India requires is a modern minded dictatorship determined to rapidly industrialise and modernise the country, e.g. Mustafa Kemal Ataturk who rapidly modernised Turkey in the 1920s, or the advisers read more
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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
Category and Documents/ Advice Restrictions
Certain 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.
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.
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.
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 –
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
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.
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
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.
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