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Eligibility to become Public Prosecutor in India Public Prosecutors are the advocates of Government and are in charge of the appeal, trial, and all other court processes. Primarily, conducting read more
Eligibility
to become Public Prosecutor in India
Public Prosecutors are the
advocates of Government and are in charge of the appeal, trial, and all other court
processes. Primarily, conducting a pre-trial investigation in a civil or
criminal case, supervising the implementation of penalties, defending the
rights and interests of persons and the State by following the measures
established by law, and submitting claims and applications to courts in cases
as needed by law will be included in your responsibility as a public
prosecutor.
A
Public Prosecutor should have throughout knowledge of all the laws of India. He
should be an expert in studying the cases thoroughly. He should be trained in
arranging for the witnesses and the pieces of evidence for any case. He should know
all the types of legal notices that can be issued, which may be for and against
a government organisation and of course, he should have the skill to advise the
Government on different cases. To become a public prosecutor, qualities like
persistence, persuasion, focus, hardworking are a must, and they should have
good communication skills. In India, the salary for the job of a Public
Prosecutor varies according to the jurisdiction in which they are working.
These employees working under the Government are qualified to receive income as
prescribed by the Government and also receive allowances and incentives. Public
prosecutors are sometimes paid a fixed salary without any allowance or perks.
Public Prosecutors working in the C.B.I (Central Bureau of Investigation) are
paid a fixed salary without any allowances or perks.
Requirements
Candidates
interested in becoming a public prosecutor and making it a full-time career
must be law graduates approved to practice in the law field in the given
jurisdiction. In many cases, the requirements of experience in this post should
be there, and they must go under investigation in a criminal background. From
jurisdiction to jurisdiction, the requirements are specific and are different
in every jurisdiction, so you should investigate it carefully when they wish to
work in those of the jurisdiction. A Public Prosecutor or Assistant Public
Prosecutor who is being appointed must have at least seven years of experience
as an advocate for the motive of the appointment of a Public Prosecutor or
Additional Public Prosecutor. The candidates must have at least ten years of
experience as an advocate for being appointed as a Special Public Prosecutor.
When the district magistrate is consulting the Sessions Judge, the session
judge has to prepare a board of persons qualified to be appointed as the Public
Prosecutor at the district level. A Public Prosecutor is appointed by the State
Government for the district when a panel of names mentions their names prepared
by the District Magistrate under sub-section (3). Among the Asst. Public
Prosecutors a Public Prosecutor can benefit by interacting with the Public
Prosecutors appointed from the Bar by the Sessions Judge's consultation and
vice-versa. The Criminal Procedure Code doesn't explain the extension or
renewal of the term of a public prosecutor. The Government has already decided
and fixed the term of a Public Prosecutor. The State and the Central Government
may appoint a Special Public Prosecutor who has been an advocate for at least
ten years for any case or class of cases.
Process
Candidates
who aspire to become public prosecutors must appear for the Union Public
Service Commission exam (UPSC). There is an interview after the written test.
The candidates who will get selected will be informed through email. A
candidate must have practised as an Advocate for a minimum of seven years. A
Public Prosecutor is also known as a P.P. An advocate who denotes the people of
the State or the State in a trial of a criminal case is called a Public
Prosecutor. India's current criminal justice system is based on the fact that
any crime that any person or group commits against others is considered to have
been committed against society. The reproach for any crime and the prosecution
is not the victim of the State; instead, it is the responsibility of the State.
Any prosecution on behalf of the State is always conducted by the Public
Prosecutor. The Prosecutor who works for the public has to play his role
critically in maintaining impartiality and purity in the area of criminal
justice administration. Prosecutors have been associated either with the
adversarial system of common law or the inquisitorial system of civil law.
Prosecution means the legal parties who are responsible for presenting the case
against any individual, and the individual who's against the case has been
presented is called the defendant.Candidate's age must be between 35 years and
45 years of age at the time of applying (The maximum age limit of the
candidates belonging to the Scheduled Tribes, Scheduled castes, and Other
Backward Classes shall be may be decided from time to time by the Government
from)
To
become an Assistant Public Prosecutor, Under Section 25 of the Criminal
Procedure Code, An Assistant public prosecutor is appointed in all districts to
conduct prosecution in the magistrate courts. Candidates who are Law graduates
and have experience of a minimum of two years at any bar council at the state
level and are not more than 35 years of age can apply for the public prosecutor
position. The written and viva examinations are conducted by the respective
State Public Service Commission departmentto fulfil the selection criteria. The
written examination will include questions from procedural law, general
English, criminal law, and some other miscellaneous laws. Direct appointment of
Assistant public prosecutors shall remain for two years of the probation period,
and those otherwise enlisted will remain for one year as ordered by the
competent authority.
In
India, there are great opportunities for prosecutors. Positions at entry-level
are also available for the new attorneys who have offered their services or
gained experience through working as an intern while being in law school. Experience
in trial priorly is usually required. Prosecutors who already have state-level
experience may desire to move into working as a prosecution at the supreme
court. Options like working in a private law firm, working in a corporation, or
working as a judge are the other possible career opportunities. The Job of a
Public Prosecutor needs a great amount of responsibility. A Public prosecutor
is appointed under Section 24 of the Criminal Procedure Code, which comprises
any person acting under the commands of a Public Prosecutor.
Assistant Public Prosecuter Syllabus 2022, Exam Pattern, Exam Date
2022
Detail Information about KEA (Karnataka
Examination Authority) has published notification 2022 for the recruitment
of Assistant Public Prosecutor vacancies. Those Candidates who are
Interested to the following vacancy and completed all Eligibility Criteria can
read the Notification & Apply Online. In this page we provide the Complete
Syllabus of this Recruitment with Latest Update Exam Pattern and the Exam Date
also.
KEA Assistant
Public Prosecutor Syllabus 2022 - Overview
Organization Name |
Karnataka Examination Authority |
Post Name |
Assistant Public Prosecutor cum Assistant Government
Pleader |
No Of Posts |
124 |
Selection Process |
Prelims, Mains |
Job Location |
Karnataka |
Category |
Syllabus |
Official Site |
kea.kar.nic.in |
KEA Assistant
Public Prosecutor Syllabus 2022
Reasoning & Mental Ability
1. Mirror Images 2. Grouping Identical Figures
3. Figure Matrix Questions 4. Problem on Age Calculation
5. Decision Making 6. Inference 7. Analogy
8. NonVerbal Series 9. Test of Direction Sense
10. Number Series 11. Alphabet Series 12. Arguments
13. Ven Diagram 14. Blood Relations
15. Coding and Decoding 15. Number
Ranking
16. Arithmetical Reasoning
Civil Laws & Acts
1. Code of civil procedure 1908 2.
Cyber Law
3. Transfer of Property Act,1882 4.
Indian Contract Act,1872
5. Specific Relief Act,1963 6. Indian
Constitution
7. Limitation Act 8. Code of Criminal
Procedure-1973
9. Indian Penal Code-1860 10. Indian Evidence Act,1872
Law Paper-I
1. Framing of issues 2. Framing of charges
3. Principles of Pleading 4. Drafting of
pleadings
Law Paper-II
1. Code of Criminal procedure -1973 2.
Indian Evidence Act,1872
3. Indian Penal Code-1860
Law Paper-III
1. Constitution of India 2. Cyber laws
3. Code of Civil Procedure-1908
KEA Assistant Public Prosecutor Exam Pattern 2022
Prelims Exam
S.No. |
Subject |
No.of Question |
Marks |
Duration |
Paper I |
Aptitude Test: English and Kannada Comprehension |
50 |
50 |
90 Minutes |
|
General Knowledge: Reasoning & Mental Ability |
50 |
50 |
90 Minutes |
PaperII |
Civil Laws & Acts |
100 |
100 |
3 Hours |
|
Total |
200 |
200 |
|
Main Exam
S.No |
Subject |
No.of Question |
Marks |
Duration |
1 |
Law Paper 1 |
100 |
100 |
3 Hour |
2 |
Law Paper 2 |
100 |
100 |
3 Hour |
3 |
Law Paper 3 |
100 |
100 |
3 Hour |
Exam Date : Update Soon
Starting Date of Application Form : 10th October 2022
Last Date of Application Form : 08th November 2022
Total Post : 124
Source :
Karnataka Education
Authority (KEA)
http://kea.kar.nic.in/
Conclusion
The
idea of a prosecutor working for the public is one of the most important
components of the justice system for criminal cases, and most countries follow
it. A Public Prosecutor must be impartial, honest, and follow all the law
provisions in India. The main objective at the back of all this work is to
accomplish the ends of justice fairly and quickly.
*****
In India, becoming a young judge is considered a prestigious and significant achievement. To become a judge in this country, you must have a certainlevel of discipline and commitment. The Indian judicial read more
In India,
becoming a young judge is considered a prestigious and significant achievement.
To become a judge in this country, you must have a certainlevel of discipline
and commitment. The Indian judicial system is designed in such a waythat there
areseveral courts at various levels in every district of a given state, each
with different mandates. Specialized courts exist for certain special purposes
or statutes. The district and sessions courts are the highest courts in a
district. Each state has its own process for selecting judges, which includes
examinations and interviews. There is a lot of similarity in how different
states choose their judges, but there are many distinctive aspects. It also
appears that the criteriafor becoming a judge have been established to give some
advantage to the local candidates. Every year, over 70,000 people apply for the
Judicial Services Examination, although only 1% to 2% end up clearing the
examinations successfully. Preliminary and major exams are required in all
states, followed by an interview process. The entire procedure can take up to a
year or more, from writing the preliminary exam to the interview phase and the announcementof
the final selected applicants. For people who are interested in serving the
public in a high-status position, judicial service is a viable alternative. It
provides a secure and safe job opportunity with a competitive wage package.
Judiciary exams
There are two entry
levelsof judicial service examinations: The lower judiciary service and the higher
judiciary service.
The Lower
judiciary services essentially compriseof three cadres of judges: District
Judges, Senior Civil Judges & Civil Judges who are at the Junior Division. These
judges have both civil as well as criminal jurisdiction. These exams are
administered by public service commissions or the respective state's High
Courts. They distribute advertisements and notices.
Higher Judicial
Services or HJS is open for lawyerswho have some experienceunder their belt.
This is usually a seven-year experience. Typically, the syllabus for these
tests is the same. The additional benefit of competing and passing the higher
judiciary tests is that the candidate is postedas an additional district judge,
which places them above the lowerjudicial service officials. It also allows for
promotion to the High Courts of respective states. The Judicial Services
Examination, also known as the PCS (J)-Provincial Civil Service-Judicial
Examination, is required to become a judge in the Indian Judicial Services. The
PCS-J test is for law graduates who want to work as members of the subordinate
judiciary. This exam is the only way for new law school graduates to become a
Subordinate Court Judge. Preliminary Examination, Main Examination, and
Viva-Voce/Interview are the three stages of the Judicial Service Examination.
The preliminary
exam is used to screen candidates for the main exam. It consists of
multiple-choice questions. For the final selection, the marks obtained in the
preliminary examination are not taken into account.Theminimum qualifying marks
in the preliminary examination is 60 per cent for general and 55 per cent for
reserved categories.State by state, the percentages of qualifying marks differ.
The mainexam is a subjective form of test,three to four papers make up the exam,and
candidates' scores are used to determine the final selection. Candidates equal
to three times the number of vacanciesare called for viva-voce. Candidates are
evaluated on general interest, personality, and IQ, among other things, at this
stage of the Viva-Voce/Personal Interviewstage.
The syllabus varies across states. It is dividedinto three sections: civil law,
criminal law, and a language paper.
Minimum required qualifications
A degree in LL.B.
and enrolment or qualification to be enrolled as an Advocate under section 24
of the Advocates' Act 1961 are the requirements for appearing in the Judicial
Services Examination.
For fresh law
graduates the minimum requirements to become a judge or apply for the examination,
are distinct from others. The minimum age requirement for a fresh law graduate
is not less than 21 years and not above 35 years of age. An applicant must have
an LL.B degree with all examinations cleared.
For any person
who’s already a practising Advocate, Attorney or Pleader, the minimum age
requirement is not below 21 years and not above 35 years of age, similar to
that of the fresh law graduates, and that similarly applies to the academic
qualifications as well. However, the requirements are different when one wants
to practise in the High Courts and the Supreme Court.
A. Direct Recruitment:- (a) Must be holder of a degree in Law granted by a University established by Law in India and must have been enrolled as an Advocate. (b) Must not have completed as on the last date fixed for receipt of applications, Thirty Eight years of age in the case of candidates belonging to Scheduled Caste or Scheduled Tribe and Thirty Five years of age in the case of others.
B.
Scale of Pay :- Rs.
27700-770-33090-920-40450-1080-44770
Apart from the basic salary, the Civil Judge is entitled to get many
other allowances such as House Rent Allowance, Dearness Allowance, Travel
Allowance, Partial Vehicle Allowance and Pension
after Retirement.
C.
Method of Recruitment:- By
direct recruitment on the basis of aggregate of marks obtained in a Competitive
Examination (Main Written Examination and Viva-Voce) conducted by the High
Court. (1) The Competitive Examination for recruitment of Civil Judges shall
consist of 3 stages i.e., (a) Preliminary Examination (b) Main Written
Examination and (c) Viva-Voce. The marks secured in the Preliminary Examination
is considered only for Eligibility for the Main Written Examination. (a)
PRELIMINARY EXAMINATION:- The Preliminary Examination shall be conducted by way
of Objective Type Question Paper consisting of 100 marks and the syllabi for
the said examination shall be the following, namely:- Part-A – Code of Civil
Procedure, 1908; Negotiable Instruments Act, 1881; Transfer of Property Act,
1882; Indian Contract Act, 1872; Specific Relief Act, 1963; Indian
Constitution; and Karnataka Rent Act, 1999. Part-B – Code of Criminal
Procedure, 1973; Indian Penal code, 1860; and Indian Evidence Act, 1872. Part-C
– General knowledge – Test of reasoning and mental ability. (b) MAIN WRITTEN
EXAMINATION:- (i) Translation Paper (Maximum Marks 100) There will be one
translation paper and the candidates will be required to translate passages in
English into Kannada and Kannada into English. The Passages will be from (1)
Depositions, (2) Judgments and (3) Documents. 12 (ii) Law Paper I (Maximum
Marks 100) The Code of Civil Procedure, 1908; The Code of Criminal Procedure,
1973; The Indian Evidence Act, 1872; Principles of Pleading and The
Constitution of India. (iii) Law Paper II (Maximum Marks 100) Framing of Issues
and writing of Judgments in Civil Cases. (iv) Law Paper III (Maximum Marks 100)
Framing of Charges and writing of Judgments in Criminal cases. (c) VIVA-VOCE
(Maximum Marks 100) The candidates General Knowledge, grasp of principles of
law and suitability for appointment as Civil Judge shall be tested. (d)
COMPUTER TEST (Maximum Marks 25) The test of knowledge of computers shall carry
maximum 25 marks and such marks secured by the candidate shall be considered
for ascertaining the suitability and computer knowledge of the candidates and
shall not be aggregated to the total marks obtained in the Main Written
Examination and Viva-Voce.
"Every Judge
of the Supreme Court shall be appointed by the President by warrant under his
hand and seal after consultation with such Judges of the Supreme Court and the
High Courts in the States as the President may think necessary," is
written in Article 124(2) of the Indian Constitution. The article further specifies
that if a judge other than the Chief Justice of India is to be appointed, the
Chief Justice of India must be consulted.
Furthermore,
these credentials are required:
·
Indian citizenship; and
·
Has served as a judge in a High Court or two or more High Courts
in succession for at least ten years; or
·
Has worked as an advocate for at least ten years in one or
more High Courts in a row; or
·
From the perspective of India's President, he is a respected
jurist.
"Every Judge
of a High Court shall be appointed by the President by warrant under his hand
and seal after consultation with the Chief Justice of India, the Governor of
the State, and, in the case of appointment of a Judge other than the Chief
Justice, the Chief Justice of the High Court," is explained in Article
217(1) of the Constitution of India.
These
qualifications are also required, according to Article 217(2) —
·
Citizenship of India; and
·
has served in the Indian judiciary for at least 10 years; or
·
has served as an advocate in one or more High Courts in
succession for at least ten years.
Conclusion
This occupation needslegal
knowledge and the ability to comprehend the law from numerous perspectives. A
thorough understanding of all areas of law is required. The salary scales for
judges differ depending on their position. The retirement age for a Supreme
court judge is 65 years, whereas for a High Court judge the retirementage is 62
years. Finally, in India, becoming a judge is not a one-way street. While the
profession has a lot of prestige, it also requires a lot of hard work,
training, and years of dedication upfront. A person who aspires to be a judge
must also contribute to the nation's development, advancement, and a positive
attitude, as well as the ability to perform under duress.
*****
Grounds for refusal of a Trademark applicationIntellectual property rights provide for the rights to the owners of intellectual properties to preserve their ownership and to sustain and receive the benefits read more
Grounds for refusal of a Trademark application
Intellectual
property rights provide for the rights to the owners of intellectual properties
to preserve their ownership and to sustain and receive the benefits of their
creativity and genius. Trademark is one of the most prominent intellectual
property rights. A trademark is a tool that helps a company distinguish itself
from other brands to beat the competition. A brand is not necessarily a
trademark, but a trademark is always a brand. A trademark is a name, word, or
symbol that distinguishes goods from those of other businesses. Marketing goods
or services by procedure becomes considerably easier with a trademark because
product recognition is secured and made easy. The owner can prevent a competitor
from using his mark or symbol.
Trademark law in India
An Indian
Trademark Law was enforced in the 1940s. This law was enforced because of the
continuous infringement of the registered and non-registered trademarks. As
trade and commerce grew rapidly after the trademark legislation was
implemented, demand for trademark protection skyrocketed. The Trademark and
Merchandise Act, 1958 replaced the old Trademark law. It provided better
protection of trademarks and prevented misuse or fraudulent use of marks on
merchandise. This act as well was replaced with the Trademark Act, 1999, by the
government of India following the TRIPS (Trade-related Aspectsof Intellectual
Property Rights) obligation imposed by the World Trade Organization. The
Trademark Act's goal is to protect trademark users by directing property
conditions and providing legal remedies for trademark rights enforcement.
Trademark
identifies the owner of the product. Trademark piracy is defined as the use of
a trademark for commercial gain through unauthorised or illegal means. If a
registered trademark is infringed, the owner of the registered trademark can file
a case, whereas an unregistered trademark's only alternative is passing off.
Anyone claiming to be the owner of a trademark or claiming to have to use it in
the future may submit an application in writing to the competent registrar in an
authorised manner. The application must include the name of the goods, mark,
and services, the class of goods and services in which it falls, the
applicant's name and address, and the mark's term of use. A person here refers
to a group of firms, a partnership firm, a corporation, a trust, a state
government, or the federal government.
Grounds for refusal of a Trademark
Section 9 of the
Act defines the absolute grounds for the refusal of registration of the trademark.
Trademarks that are devoid of distinguishing qualities or consist solely of
marks or signals that might be used in commerce to represent the kind, fine,
quantity, alleged grounds, values, or geographical origin, may be rejected. Acreation
of time of things or the rendering of offers, or various features of goods or
offerings, consisting entirely of signs or signals that have become common in
today's language. That trademark is not eligible for registration. Unless it is
proven that the mark has acquired a new character as a result of use before the
application date. It further provides that a mark shall not be registered as a trademark
if:
1.
It deceives or confuses the people.
2.
There is something that can harm religious sensitivity.
3.
It is indecent or scandalous in nature
4.
Its use is forbidden. It states that a trademark cannot be
registered if it only contains (a) the shape of products that form the nature
of goods, (b) the shape of goods that are required to achieve a technical
result, or (c) the shape of goods that gives substantial value to goods.
5.
It is prohibited
under the Emblems and Names (Prevention of Improper Use) Act. 1950.
Test of similarity
If two marks
appear to be deceptively similar, the key qualities of both must be considered.
They should not be placed side by side to see if there are any design
discrepancies and if they have the same personality to avoid one design being
mistaken for the other. It would be sufficient if the challenged mark is so
similar to the registered mark that a person who normally deals with one would
accept the other if presented to him. Apart from structural, visual, and
phonetic similarity or dissimilarity, the question must also be considered in
terms of human intelligence and incomplete collecting. The question of his
impressions is viewed as an entire third.
"It is
general knowledge that 'bidis' are utilised by those belonging to the
impoverished and uneducated or semi-literate class," the court said in
Mohd. Iqbal v. Mohd. Wasim. Their level of expertise is limited. It is
unrealistic to expect children to comprehend and comprehend the subtle
differences between the two labels that can be found by comparing the two
labels. Given the foregoing, the two labels appear to have a misleading
resemblance."
The Act's Section
11 lays forth the relative grounds for a trademark's refusal to be registered.
A trademark cannot be registered if there is a likelihood of confusion due to (I)
its identity with an earlier brand and resemblance of goods or services, or (II)
its similarity to an earlier trademark and similarity of goods. It also states
that a trademark that is identical or similar to an earlier brand cannot be
registered. Also, if, or to the extent, the earlier trademark is well
recognised in India, it must be registered for goods and services that are not
identical to those for which an earlier trademark is registered in the name of
a different proprietor. It further states that a trademark cannot be registered
if or to the extent that its use in India is likely to be prohibited by law.
Conclusion
Intellectual
property rights are a new yet booming field of law in today’s time. Trademark
is one of the most essential intellectual property rights for a business. It is
essential to build their brand, their brand value and their image in the
market. People need to know the grounds on which a trademark can be refused. In
order to make sure that such grounds for non-refusal are satisfied, which makes
it faster for the business to set up and commence their business and function
as an independent brand in the market.
*****
Criminal law in Canada essentially governs all criminal procedures, evidence, investigations, and substantive law about all sorts of crimes in the country. Criminal law, in essence, covers all matters read more
These laws are put into place keeping in mind the safety and security of the general public, protecting societal norms and morals, and protecting people’s lives, property, and peace. They also focus on the protection of law and order in all public and private institutions and the overall preservation of the state.
If you are someone interested in understanding Canadian criminal law or what a criminal lawyer in Canada navigates through , keep reading to find a brief guide and introduction:
While the constitution of Canada rests the power of forming criminal laws and procedures with the federal government, provincial governments also have the power regarding creating laws on certain subjects. However, if the statutes for provincial offenses ever contradict those of federal statutes, the latter always prevails in determining the verdict for the offender.
Additionally, while provincial governments are charged with the responsibility of policing, hiring prosecutors, and handling administrative works in courts, federal governments are responsible for the appointments of supreme and county court judges.
Laws pertaining to criminal offenses in Canada are also subject to amendments in light of changing societal values such as laws relating to sexual offenses and marriage. They may also change in light of technological advancement such as laws regarding telecommunication, identity theft, and credit card fraud.
Recently, there have been large-scale changes in sentencing in Canadian courts, and much more changes are anticipated. Due to growing awareness in Canadian society regarding the benefits of sentencing offenders with sentences other than imprisonment, these changes have been presenting themselves in courts. Sentences that feature rehabilitation and community service are now preferred over capital punishments.
Under Canadian criminal law, every criminal proceeding and case begins with the essential presumption that the individual that stands on trial is innocent. If court cases begin with the belief that the accused is guilty, the proceedings would be unjust. Counsels that represent the overall community are hence then held responsible to prove beyond a reasonable doubt whether or not the accused party is guilty.
Another concept related to the presumption of innocence is due process, which essentially refers to the thorough examination of all facts of each case. Due process ensures that the legal rights of all parties involved in a case are protected and that no undue damage is done to any party.
Any individual who is accused of a crime reserves the right to have their plea and their case be decided by an independent and impartial judge. That is to say, the judiciary should be independent of all other branches of the government so that any verdict or sentence is not influenced by any other irrelevant party in any way.
While decisions under an independent judiciary may not always make all parties happy, judicial systems must run inherently to ensure the safeguard of Canadian law. Canadian courts also believe in the openness and accessibility of courts which ensure public confidence.
The Canadian criminal code and pertaining laws have been established keeping in mind the safety and security of Canadian residents and the public. All of these laws have been put into place after careful consideration, and this is proven by Canada’s high rehabilitation rate for criminal offenders.
A controversy is raging in America over Justice Alito's leaked draft judgment proposing to overturn the US Supreme Court's verdict in Roe vs Wade delivered in 1973 regarding the right of abortion.It is read more
A controversy is raging in America over Justice Alito's leaked draft judgment proposing to overturn the US Supreme Court's verdict in Roe vs Wade delivered in 1973 regarding the right of abortion.It is believed 4 other judges in the court intend to concur with Justice Alito, making it a majority judgment.
I believe Justice Alito's view is correct,and would like to give my reasons. Of course it is only a draft opinion, but knowing the judicial philosophy of the majority judges it is highly likely it will be confirmed in the final verdict.
In Roe vs Wade the US Supreme Court set up a trimester system of pregnancy in women. In the first trimester ( the first 3 months of pregnancy ) no restrictions could be placed on a woman to abort. In the second trimester, too, abortion was permissible, though the state could put some restrictions e.g. it should be done by qualified medical personnel, in licensed clinics, etc.In the third trimester no abortion was permissible unless a qualified doctor certified that the life of the woman would be in danger without abortion.
In Planned Parenthood vs Casey, 1992, the right to abortion enunciated in Roe was accepted, but the trimester system was replaced by the viability test ( i.e. at what stage of the pregnancy would the foetus be able to survive outside the woman's womb ), and the undue burden test ( i.e. does the restriction on abortion place an undue burden on the pregnant woman e.g. taking the husband's consent ).
I am not going into the questions as to when does life begin, when is a foetus viable, what are undue burdens, etc. My simple point is that under the separation of powers theory ( that each of the 3 organs of the state have their own spheres of operation and should not encroach into each other's domains ), it is for the legislature, not the judiciary, to make laws, and both Roe vs Wade as well as Planned Parenthood vs Casey made laws.
I am personally in favour of the right to abortion, but then this right should be enacted by the legislature, not created by judges. There is nothing specific in the US Constitution which gives a right to abortion. Some states in America have enacted this right, but others have not.
The rights of people in the US Constitution are mentioned in the Bill of Rights and several Amendments to the Constitution, e.g. the 14th Amendment, but the right to abortion is nowhere contained therein.
Of course there is a theory of 'unenumerated rights', i.e. there are some rights which though not expressly mentioned in the Constitution can be said to be part of it, but I do not subscribe to this view. To accept it would mean that any judge, according to his whim and fancy, can declare anything as an 'unenumerated right' and enforce it. This would lead to chaos.
In his book, ' The Nature of the Judicial Process ' Justice Cardozo of the US Supreme Court observed " A judge is not a Knight Errant roaming at will in pursuit of his own ideal of beauty and goodness ".
In his dissenting judgment in Griswold vs Connecticut, Justice Hugo Black warned that ' unbounded judicial creativity will make this Court a day to day National Convention '.
In Lochner vs New York the celebrated Justice Holmes of the US Supreme Court in his dissenting judgment criticised the majority of the court for becoming a super legislature by inventing a 'liberty of contract' theory thereby enforcing its particular laissez faire economic philosophy.
The job of a judge is to interpret the law made by the legislature, and apply it to specific cases, but not to make law. Roe vs Wade ( and Planned Parenthood vs Casey ) clearly made law, which was the function of the legislature. Hence it should be reversed.
By Justice Markandey Katju, Former Judge, Supreme Court of India
Lok Adalat has no jurisdiction to decide a matter on meritsThe Lok Adalat is a dispute resolution procedure used as an alternative to the traditional court system. To put it another way, it is one method read more
Lok Adalat has no jurisdiction to decide a matter on merits
The
Lok Adalat is a dispute resolution procedure used as an alternative to the
traditional court system. To put it another way, it is one method of settling
disagreements. It is a venue for the peaceful resolution of disputes/cases
pending in a court of law or at the pre-trial stage. Lok Adalats have been
accorded legal recognition under the Legal Services Act passed in 1987. A judgment
made by Lok Adalats is considered a public court decision and is final and
enforceable by all parties. A Lok Adalat verdict cannot be challenged in a
court of law because of the Act's provisions.
The
Apex Court, in Estate Officer vs. Colonel HV Mankotia (Retired) in Civil
Appeal No. 6223 of 2021, delivered a clear and convincing judgement on
October 7, 2021, stating unequivocally that Lok Adalat has no authority to rule
on the merits if the parties are unable to achieve a compromise or agreement
between the parties. It should be noted that an Apex Court bench comprised of Justice
MR Shah and Justice AS Bopanna said that the Lok Adalat's jurisdiction
would be to determine and reach a compromise or settlement between the parties
to a dispute. Following an examination of the provisions of the Legal Services
Authorities Act, 1987, the Apex Court also observed that the Lok Adalat's
jurisdiction would be limited to determining and reaching a compromise or
settlement among parties to a dispute, and that if the aforesaid settlement /
compromise fails and no compromise or settlement can be reached between the
parties, the Lok Adalat must return the case to the Court from which the
reference has been received for disposal, i.e. the High Court.
The
original writ petitioner filed this appeal in light of his dissatisfaction with
the impugned order dated 30.11.2013 passed by the Madhya Pradesh High Court,
Indore Bench in Writ Petition No. 8074 of 2011, in which the Lok Adalat members
considered the merits of the writ petition and dismissed it on those grounds.
The
following is stated in para 2.1: "Following that, the appellant filed a
restoration appeal before the High Court, contending that the order made in the
Lok Adalat is beyond the Lok Adalat's authority and, thus, is not valid in the
eyes of the law." However, the High Court denied the application,
resulting in the current appeal.
The
Bench addresses the issue in para five, stating that: "The brief question
before this Court is whether, in the Lok Adalat convened by the High
Court, was it permissible for the Lok Adalat members to consider the
merits of the writ petition and to dismiss it on those grounds in the absence
of any settlement between the parties? The Bench states in para six that: In
determining the question mentioned above, the relevant sections of the Legal
Services Authorities Act, 1987, which would have had an impact on the Lok
Adalat's jurisdiction, must be resorted to, which are as follows: -
Following
Section 19, sub-section (5), a Lok Adalat has the authority to
determine and reach a compromise or settlement between the parties to a dispute
in respect of any case pending before it; or any matter falling within the jurisdiction
of, but not filed in any court for which the Lok Adalat is responsible;
Sub-section
(1) of Section 20 provides that, in any case referred to
in clause I of sub-section (5) of Section 19: I (a) the parties agree, or I (b)
one of the parties makes an application to the Court for referring the case to
the Lok Adalat for dispute settlement, and the Court is prima facie satisfied
that there is a possibility of settlement; or I (ii) the Court is satisfied
that the matter is appropriate for the Lok Adalat to take cognizance, the Lok
Ad
Furthermore,
the Act states that no matter shall be submitted to the Lok Adalat under
sub-paragraph (b) of clause I or clause II by such Court unless and until the
parties have been given a fair and timely chance to be heard.
According
to sub-section (3) of Section 20, when a case is referred to a
Lok Adalat according to sub-section (1) or when a referral is made under
sub-section (2), the Lok Adalat shall proceed to resolve the case or issue and
reach a compromise or settlement between the parties. Additionally, sub-section
(5) of Section 20 provides that if the Lok Adalat does not make an award because
no compromise or settlement could be reached between the parties, it shall
return the case record to the Court from which the reference was received under
sub-section (1) for disposition in accordance with the law.
According
to the provisions of the Act, the Lok Adalat's jurisdiction would be to
determine and reach an agreement on a compromise or settlement between the
parties to a dispute, and once the settlement above / compromise fails or if no
agreement on a compromise or settlement could be reached between the parties,
the Lok Adalat would be required to return the case to the Court from which the
reference had been received for disposal in accordance with the law.
Accordingly,
the Bench concluded in paragraph 9 that, "In light of the above, the
challenged decision rendered by the Lok Adalat rejecting the writ petition on
merits is unsustainable and needs to be overturned and set aside." According
to the experienced counsel appearing on behalf of the respondent, once the case
was referred to the Lok Adalat with permission, the Lok Adalat was justified in
disposing of the matter on merits. However, his contention is devoid of
substance and must be dismissed entirely by the Court. The agreement to bring
the case before the Lok Adalat was made to facilitate settlement and/or
compromise between the parties, rather than to bring the matter before the Lok
Adalat to adjudicate it on its merits. As indicated in Section 20's sub-section
(5), if the parties fail to reach a compromise and/or settlement before the Lok
Adalat, the case must be remanded to the Court from whence the matter was
referred to Lok Adalat for determination on the merits.
As
a result, the impugned judgement of the Lok Adalat, Madhya Pradesh High Court
dated 30.11.2013 in Writ Petition No.8074 of 2011 is quashed and set aside. The
matter has been remanded to the High Court, which will decide the merits of
Writ Petition No. 8074 of 2011 in accordance with the law. As a consequence,
the appeal before us is allowed. No costs order will be made based on the facts
and circumstances of the case. Any outstanding petitions must also be dealt
with.
Finally,
the inevitable conclusion from the above reasoning is that the Lok Adalat lacks
jurisdiction to hear the issue on its merits if the parties cannot negotiate a
compromise or settlement. This is precisely what the Apex Court Bench of
Justices MR Shah and AS Bopanna declared unequivocally, as previously discussed
in detail above.
*****
Early disposal of pending cases by the High Court – Time limit to dispose Civil CasesIn multiple cases across multiple courts, the constitution of India recognises the need and right to speedy justice, read more
Early disposal of pending cases by the High Court – Time limit to
dispose Civil Cases
In multiple cases across multiple courts,
the constitution of India recognises the need and right to speedy justice,
which can only be achieved by quick disposal of cases from the court. In the
past years, there has been an increase in the sudden need for speedy justice
due to the increasing number of pending cases at all levels of the judiciary,
starting at the lowest and going up to the Supreme Court. The Supreme Court has
recognised a matter of fundamental right as a speedy trial, but there is no
such redressal. By 2021 more than four crore cases were pending in the
Subordinate courts.[1] There is a state of helplessness
amongst the courts and the people due to the lack of a substantial number of
judges and the large pendency of courts. The concept of speedy trial roots in
the idea of a reasonably expeditious trial that follows all the essentials of a
trial but is faster than the usual course of litigation. In this
case, the judiciary would need centuries to clear its backlog. With the
tremendous backlog in pending cases, the legal and judicial systems have agreed
that the judicial system cannot cope until the number of judges is expanded by
two or three. It looks as though it has been decided that a legal system
capable of delivering timely justice is improbable.
Speedy
justice and judiciary
Lord James Bryce once said that “There is no
better test of excellence of a government than the efficiency of its judicial
system, for nothing more merely touches the welfare and security of average
citizen than his sense that he can rely on the certain and prompt
administration of justice”.[2] Faith in the judiciary as an
essential organ of the government stems from its cost-effective, accessible and
speedy administration of justice. Speedy justice should create a sense of
security among the citizens by assuring them that the one who does the wrong or
goes against the laws of the country will be punished, and all their just grievances
will be redressed so that they may not be tempted to resort to violent
self-help and take law in their own hands.
The courts and tribunals of the country, in
multiple cases, have established that it is essential as a matter of right of
its people that speedy justice is rendered to them. However, to put into the
context the utter practicalities of the functioning of the courts, the case is
subjective, and so is the idea of speedy justice. This idea or right of speedy
justice is primarily discussed in the context of Criminal cases, especially
when imprisonment or custody is involved. It is crucial and necessary to
maintain a reasonable balance between the considerations of speed and justice.
A speedy trial of cases favours both the prosecution and the accused. It
favours the prosecution as it does not face the problem of the disappearance of
witnesses, evidence, etc. And it is in favour of the accused because if he is
innocent, he will not suffer for a more extended period. There have
been cases in the past that have emphasised the need and importance of the
right to Speedy justice: -
1. In the case
of Vakil Prasad Singh v. State
of Bihar[3],
the court has emphasised the judicial protection of the right enshrined in the
constitution under Article 21 through speedy investigation and speedy justice.
They believed that it is essential for the right to life and personal liberty
to be protected, especially in the judicial sense and, as previously mentioned,
to put into context the criminal cases pending before the courts.
2. In the case
of Santosh De v. Archana Guha,[4] the
court observed that the case had been going on for 14 years, and hence, they
were quashed. Furthermore, there was an unexplained delay for eight years, and
the court held that it infringed the right to a speedy trial. This case well
explained the need for speedy justice in such cases where there is no
advancement in the proceedings for an extended period, and the accused/convict
has been suffering due to the lag in the proceedings in regards to their case,
which violates a person's fundamental right to life and personal liberty.
3. In the case
of Raghubir Singh v. State of
Bihar[5],
the court held that the infringement of the right to speedy trial could not be
inferred merely from delay in the police investigation. The court pointed out
that the delay was due to the nature of the case and the general situation
prevailing in the country. Through the way of this case, the court rightly
mentioned the need for more judges throughout the fraternity along with better
redressal mechanisms and alternate redressal forums for disputes of different
regards so that it can reduce the burden of the courts and increase their
efficacy of work along with the lessened pendency of the cases and better
quality of the judgement, since, the court will have more time to pay attention
to disputes grave in nature.
Assume an in-depth examination of the
evolution of swift justice. In that case, it highlights a highly pertinent
and unresolved issue of pendency and a sense of confusion among the courts
regarding the gravity of cases and which ones do and do not require a more
rapid functioning of the law, which is caused by the judiciary's overwork at
the subordinate levels. As a result, measures were enacted allowing a party to
petition the High Court for an order directing the early disposition of a
matter in the interest of expedited justice.
Procedure to move to HC for fast
disposition of a case
There have been multiple tries to lessen the
burden of the courts and the pendency of the trials, so there has been
increasing focus on the idea of speedy justice in recent times. Such emphasis
on this matter was done taking the help of the upper courts to help with the
problem of delayed justice.
In the case of Anil Rai v. State of Bihar,[6] the
Hon’ble Supreme Court laid down that if the judgment, for whatever reason, is
not pronounced within six months, any of the parties to the case shall be
allowed to bring an application before the Chief Justice of the High Court with
a motion to withdraw the said matter and to hand it over to any other Bench for
new arguments. It is up to the Chief Justice to grant the abovementioned
petition or give such a different ruling as he thinks proper under the
circumstances.
Sethi, J., has enumerated certain points as
remedial measures that have to be considered as instructions for courts to be
followed that are:
1. Appropriate
directions to the Registry may be issued by the Chief Justice of the High
Court; in cases where a judgement is reserved and subsequently pronounced, a
column be added to the judgement on the first page, after the cause-title,
where the date of reserving the judgement and the date of pronouncing be
separately mentioned by the court officer concerned.
2. The Chief
Justices of the High Courts should instruct the Court Officers/Readers of
various Benches in the High Courts to provide a list of cases in which the
reserved judgments have not been pronounced within that month.
3. The
concerned Chief Justice will bring the pending matter to the attention of the
concerned Bench if the judgement is not pronounced within two months after the
conclusion of the arguments. The Chief Justice may also determine that it is
necessary to circulate the statement of such cases in which judgments have not
been rendered within six weeks of the conclusion of the arguments among the
High Court Judges for their information. This type of communication is sent in
a sealed envelope with "confidential" written.
4. Where a
judgment is not pronounced within three months from the date of reserving
judgment, any of the parties in the case is permitted to file an application in
the High Court with prayer for early judgment. As and when filed, such
application shall be listed before the Bench concerned within two days,
excluding the intervening holidays.
Application
to be made to the HC
A person can file an early application
before the High Court, seeking to dispose of a certain case within a specific
time limit. The High Court can give directions to the subordinate to dispose of
the case quickly and can even prescribe directions to the subordinate to
conclude a case within a certain time limit.
After receiving such directions from the
High Court, the subordinate court considers such a case as a priority case and
will make sure that such a case is disposed off at the earliest, without
compromising the due care taken by the courts and following the requisite
procedures. However, an exemption to this clause exists if the matter has been
pending before the court for an extended period of time and has been stagnant
or if the case has made no definitive progress.
The stage of the case is also essential
because the application can only be moved after evidence has been gathered,
cross-examination has been completed, and the case has reached its final
argument stage. The Constitution of India under Article 227 empowers every High
Court should have authority over all courts and tribunals in the territories
over which it has jurisdiction.
Karnataka Case Flow
Management Rules
The said circular bears No. LAW 294 LAC 2005
dated 18.03.2006 issued by Law, Justice and Human Rights Secretariat,
Government of Karnataka, Bengaluru
SIMILAR RULES ARE
FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the
Case Flow Management system.
The Karnataka (Case Flow Management in
Subordinate Courts) Rules 2005, as it is called, was gazetted by the State
Government almost two years ago. Subsequently, the High Court framed the rules
applicable to all suits and civil proceedings before the subordinate civil
courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included
suits on maintenance, child custody, appointment of guardians and wards,
visiting rights, letters of administration, succession certificate, recovery of
rent and permanent injunction. All cases under this category will have to be
disposed of within nine months.
Disposal
in 12 months:
In
Track 2, cases on execution, divorce and ejectment will have to be disposed of
within 12 months.
Disposal in 24 months:
Cases to be disposed in 24 months relate to
partition, declaration, specific performance, possession, mandatory injunction,
appeals, damages, easements, trade marks, copy rights, patents and intellectual
property rights.
Disposal
in 24 months:
Cases that are not in any of the three
categories are included in the fourth category and they too have to be disposed
of in 24 months. The presiding officer, however, has the right to dispose of
the case earlier.
The rules prescribe a mandatory time limit
for various court procedures such as issue of summons/notices. Proceedings
shall indicate a maximum of 30 days for filing statement or objection from the
date of service.
The procedures for IAs and interim orders
and reference to mediation, conciliation or Lok Adalat, appointment of
commissioners for recording of evidence, proceedings for perjury, adjournment
and even first appeals have also been spelt out.
Conclusion
To conclude, it is essential to mention that
inordinate delay has become a common feature of the Indian legal system. There
is a need to enact a new comprehensive law on the speedy trial of cases, and
laws should be suitably amended to achieve the object of speedy trial of
offences. There should be an awareness campaign for speedy trials of offences.
Delay in the dispensation of justice is not
good for any society. It leads to distress, damage, and resentment. It can
ultimately lead to anarchy and chaos. As a result, people take the law into
their hands and try to be vigilant. So justice in general and speedy justice,
in particular, is essential for the system to survive and run.
******
[1] https://prsindia.org/policy/vital-stats/pendency-and-vacancies-in-the-judiciary.
[2] https://thenationonlineng.net/imperative-of-an-independent-judiciary/.
[3] Criminal Appeal
No. 138 of 2009.
[4] 1994 SCR(1) 549,
1994 SCC(2) 420.
[5] 1987 AIR 149,
1986 SCR(3) 802.
[6] Appeal (crl.) 389
of 1998.
The world revolves around the motto of 'pay and work.' All big multinational companies or small businesses work on this. They hire people, pay them, and get the required work. This payment is a reward read more
The world revolves around the motto of 'pay and work.' All big multinational companies or small businesses work on this. They hire people, pay them, and get the required work. This payment is a reward for a worker, which depicts his hard work and perseverance. Money a person, earns manifests his struggle and endeavor.
The company pays a person throughout his working period. However, that person also receives some cash to bid farewell when he retires. That gesture of gratitude by the company could be either money, land, or any reward. This monetary benefit that a person gets is his legal right not only granted by the company but by the government also. Hence, he must get what he deserves. If he has to opt for the path of negotiations, then he mustn't be reluctant to do so.
A severance package is an individual's payment when he leaves the company or gets retirement. This financial benefit would help him live the rest of his life with ease. This accord that a person makes with his company is negotiable. A person must know that this package would provide him with a financial cushion and relieve his stress. Hence, he must know his legal rights and should never hesitate to procure them.
A severance package includes a whole sum of payment that a person gets when he leaves employment. The company gives him a pension plan and stock options. The company also gives him employment opportunities by helping him get a new job to earn his bread and butter.
A severance package is a complete package that guarantees individual financial security for the rest of his life. The package includes the following reliefs for the retiring or leaving employees:
A whole lump sum of money is given to an employee when he leaves the job
A person gets monthly income in the form of a pension.
Employee unused sick days or holiday pay is also given at the end.
He also receives insurance and medical facilities.
A stock option is given to him.
The company also carries the responsibility to seek a job for its leaving employees.
Only a few of the employees know that the severance package is negotiable. A person could do this negotiation with the company if he knows the valid route to carry out this discussion well. Following are some guidelines that will illustrate how a severance package should be negotiated authentically and legally:
A person should know what is included in his severance package. If he has inadequate information, he cannot forward his proposal and preferences. Initially, he must know the approximate pension after retirement, his share of stock, his unused holidays, etc. He must gather all his facts and figures and prepare a rough report on them.
A person should prepare in advance for well-led negotiations on a severance package. He must prepare a list of his future financial needs. Evaluate the severance policy of the company. He may take assistance from the former employees of the company. Furthermore, he must prepare a list of points that he thinks are negotiable with the company.
Labour lawyers take cases related to disputes between the employees and employers. They could lead the negotiation by working as a mediator among the parties. If the employee cannot understand the language of the severance accord or if the agreement is several pages long, he could hire a labor lawyer. The lawyer could help in understanding that accord from a legal perspective. He would ensure the application of laws related to a severance package. In this way, the person would get the required money that he deserves.
This point must be negotiated well with the company as he is unemployed and needs another job. Hence, according to unemployment insurance, the company will bear its expenses for around 26 weeks.
A severance package ensures financial security. As it is a legal right of the employee, he must get what he deserves. In the context of above mentioned guidelines, it is crystal clear that it is the right of the employee to negotiate on those points which are his right. Hence, he should strive to procure benefits to earn a good living.
When is a gig worker working? Is it only when they’re driving with people or goods in their car? What about time when they’re on their way to a pickup, especially if it’s in a different neighborhood or read more
When is a gig worker working? Is it only when they’re driving with people or goods in their car? What about time when they’re on their way to a pickup, especially if it’s in a different neighborhood or city? And what about so-called ‘idle time,’ when a worker is available to accept a job?
The answer, if you look closely at the state-level laws in place in California and Washington, is: all of them, maybe… sometimes? The law has effectively equivocated by using different definitions for ‘working time’ for different purposes, and in different states. As a result, this has created a labyrinth of laws that gig workers need to navigate to understand what they’re entitled to.
There are several other issues with these laws, such as Washington’s preemption of local laws on gig workers, the poor state of healthcare benefits, and California requiring a supermajority to amend its law. But in this article, we’ll investigate some of these big discrepancies in the way that ‘working time’ is defined across and within these laws.
A Brief Breakdown of Work Time
Researchers have already documented the different components of work time for active drivers (once they mark that they are “Online” on their app). For example, in order for Seattle to set minimum pay standards for rideshare companies in 2020, it commissioned an academic study of rideshare drivers and their effective pay. We can glean a lot of interesting statistics from it. As expected, nearly half of drivers’ time is spent in passenger time, or time when the passenger is physically in their car. The other half of the time is formed by dispatch time (when a driver has accepted a trip and is en route to a pickup) and platform time (when a driver is available but in between trips).
Lok Adalat has no jurisdiction to decide a matter on meritsThe Lok Adalat is a dispute resolution procedure used as an alternative to the traditional court system. To put it another way, it is one method read more
Lok Adalat has no jurisdiction to decide a matter on merits
The
Lok Adalat is a dispute resolution procedure used as an alternative to the
traditional court system. To put it another way, it is one method of settling
disagreements. It is a venue for the peaceful resolution of disputes/cases
pending in a court of law or at the pre-trial stage. Lok Adalats have been
accorded legal recognition under the Legal Services Act passed in 1987. A judgment
made by Lok Adalats is considered a public court decision and is final and
enforceable by all parties. A Lok Adalat verdict cannot be challenged in a
court of law because of the Act's provisions.
The
Apex Court, in Estate Officer vs Colonel HV Mankotia (Retired) in Civil
Appeal No. 6223 of 2021, delivered a clear and convincing judgement on
October 7, 2021, stating unequivocally that Lok Adalat has no authority to rule
on the merits if the parties are unable to achieve a compromise or agreement
between the parties. It should be noted that an Apex Court bench comprised of Justice
MR Shah and Justice AS Bopanna said that the Lok Adalat's jurisdiction
would be to determine and reach a compromise or settlement between the parties
to a dispute. Following an examination of the provisions of the Legal Services
Authorities Act, 1987, the Apex Court also observed that the Lok Adalat's
jurisdiction would be limited to determining and reaching a compromise or
settlement among parties to a dispute, and that if the aforesaid settlement /
compromise fails and no compromise or settlement can be reached between the
parties, the Lok Adalat must return the case to the Court from which the
reference has been received for disposal, i.e. the High Court.
The
original writ petitioner filed this appeal in light of his dissatisfaction with
the impugned order dated 30.11.2013 passed by the Madhya Pradesh High Court,
Indore Bench in Writ Petition No. 8074 of 2011, in which the Lok Adalat members
considered the merits of the writ petition and dismissed it on those grounds.
The
following is stated in para 2.1: "Following that, the appellant filed a
restoration appeal before the High Court, contending that the order made in the
Lok Adalat is beyond the Lok Adalat's authority and, thus, is not valid in the
eyes of the law." However, the High Court denied the application,
resulting in the current appeal.
The
Bench addresses the issue in para five, stating that: "The brief question
before this Court is whether, in the Lok Adalat convened by the High
Court, was it permissible for the Lok Adalat members to consider the
merits of the writ petition and to dismiss it on those grounds in the absence
of any settlement between the parties? The Bench states in para six that: In
determining the question mentioned above, the relevant sections of the Legal
Services Authorities Act, 1987, which would have had an impact on the Lok
Adalat's jurisdiction, must be resorted to, which are as follows: -
Following
Section 19, sub-section (5), a Lok Adalat has the authority to
determine and reach a compromise or settlement between the parties to a dispute
in respect of any case pending before it; or any matter falling within the jurisdiction
of, but not filed in any court for which the Lok Adalat is responsible;
Sub-section
(1) of Section 20 provides that, in any case referred to
in clause I of sub-section (5) of Section 19: I (a) the parties agree, or I (b)
one of the parties makes an application to the Court for referring the case to
the Lok Adalat for dispute settlement, and the Court is prima facie satisfied
that there is a possibility of settlement; or I (ii) the Court is satisfied
that the matter is appropriate for the Lok Adalat to take cognizance, the Lok
Ad
Furthermore,
the Act states that no matter shall be submitted to the Lok Adalat under
sub-paragraph (b) of clause I or clause II by such Court unless and until the
parties have been given a fair and timely chance to be heard.
According
to sub-section (3) of Section 20, when a case is referred to a
Lok Adalat according to sub-section (1) or when a referral is made under
sub-section (2), the Lok Adalat shall proceed to resolve the case or issue and
reach a compromise or settlement between the parties. Additionally, sub-section
(5) of Section 20 provides that if the Lok Adalat does not make an award because
no compromise or settlement could be reached between the parties, it shall
return the case record to the Court from which the reference was received under
sub-section (1) for disposition in accordance with the law.
According
to the provisions of the Act, the Lok Adalat's jurisdiction would be to
determine and reach an agreement on a compromise or settlement between the
parties to a dispute, and once the settlement above / compromise fails or if no
agreement on a compromise or settlement could be reached between the parties,
the Lok Adalat would be required to return the case to the Court from which the
reference had been received for disposal in accordance with the law.
Accordingly,
the Bench concluded in paragraph 9 that, "In light of the above, the
challenged decision rendered by the Lok Adalat rejecting the writ petition on
merits is unsustainable and needs to be overturned and set aside." According
to the experienced counsel appearing on behalf of the respondent, once the case
was referred to the Lok Adalat with permission, the Lok Adalat was justified in
disposing of the matter on merits. However, his contention is devoid of
substance and must be dismissed entirely by the Court. The agreement to bring
the case before the Lok Adalat was made to facilitate settlement and/or
compromise between the parties, rather than to bring the matter before the Lok
Adalat to adjudicate it on its merits. As indicated in Section 20's sub-section
(5), if the parties fail to reach a compromise and/or settlement before the Lok
Adalat, the case must be remanded to the Court from whence the matter was
referred to Lok Adalat for determination on the merits.
As
a result, the impugned judgement of the Lok Adalat, Madhya Pradesh High Court
dated 30.11.2013 in Writ Petition No.8074 of 2011 is quashed and set aside. The
matter has been remanded to the High Court, which will decide the merits of
Writ Petition No. 8074 of 2011 in accordance with the law. As a consequence,
the appeal before us is allowed. No costs order will be made based on the facts
and circumstances of the case. Any outstanding petitions must also be dealt with.
Finally,
the inevitable conclusion from the above reasoning is that the Lok Adalat lacks
jurisdiction to hear the issue on its merits if the parties cannot negotiate a
compromise or settlement. This is precisely what the Apex Court Bench of
Justices MR Shah and AS Bopanna declared unequivocally, as previously discussed
in detail above.
*****
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Delhi, India
Kolkata, India
Bengaluru, India
New York City, United States
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"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