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The sedition case against Bhojpuri singer Neha Singh Rathore for criticising the Government of India raises the pertinent question whether in a democracy people have a right to criticise the government read more
The sedition case against Bhojpuri singer Neha Singh Rathore for criticising the Government of India raises the pertinent question whether in a democracy people have a right to criticise the government ?
In feudal times the king was supreme, and the people were his subjects, and subordinate to him.. Hence the people had no right to criticize the king, and were punished for doing so.
However, in a democracy this relationship is reversed. Now the people are supreme, and all authorities, whether the President of India, Parliament, the ministers, or judiciary, or bureaucrats, or police, or army, are nothing but the servants of the people. Surely the master has the right to criticize his servant, and take him to task if he is not working properly or doing something improper.
After India became independent in 1947 a democratic Constitution was promulgated on 26th January 1950. This Constitution contained a set of fundamental rights of the people, including the right of freedom of speech and expression in Article 19(1)(a).
In State of Maharashtra vs Bhaurao Punjabrao Gawande (2008) the Supreme Court observed that while the first object of the founding fathers was to give to the people a constitution whereby a government was established, their second object, equally important, was to protect the people against the government. The court observed:
“The imperative necessity to protect the people’s rights is a lesson taught by all history and all human experience. Our Constitution makers had lived through bitter years of the freedom struggle, and had seen an alien government trample upon human rights which the country had fought hard to preserve. They believed, like Jefferson, that ‘an elective despotism was not the government we fought for ‘. And therefore while arming the government with large powers to prevent anarchy from within and conquest from without, they took care to ensure that these powers were not abused to mutilate the liberties of the people “
A few months after the promulgation of the constitution, a Constitution Bench of the Indian Supreme Court held in Romesh Thappar vs State of Madras, 1950, that in a democracy people have a right to criticise the government. The court observed, “Criticism of government exciting disaffection or bad feelings towards it, is not to be regarded as a justifying ground for restricting the freedom of expression, or of the press.”
The same view was taken in a decision by Justice Abdul Quddhose of the Madras High Court in his historic verdict in Thiru N. Ram vs Union of India and anr in which the learned judge observed, “A very important aspect of democracy is that citizens should have no fear of the government. They should not be scared of expressing views which may not be liked by those in power.” He went on to say, “Criticism of policies of the government is not sedition unless there is a call for public disorder or incitement to violence.”
Justice Quddhose also observed, following the Supreme Court’s 1956 verdict in Kartar Singh vs State of Punjab, that people in power must develop ‘thick skins’. In other words, the authorities should have broad enough shoulders to bear criticism.
Nowadays politicians in power are often very touchy, and unwilling to put up with any criticism from anyone. Well known cases are of Safoora Zargar, a young Kashmiri woman arrested on patently fabricated charges for criticising the Citizenship (Amendment) Act, Dr Kafeel Khan and Sharjeel Imam, etc.
Prof Ambikesh Mahapatra of Jadavpur University was arrested in 2012 for sharing a cartoon of West Bengal chief minister Mamata Banerji on social media, cartoonist Aseem Trivedi was arrested on a charge of sedition for making a cartoon depicting politicians as corrupt, and folk singer Kovan was arrested in Tamil Nadu in 2015 for criticising Jayalalithaa in connection with corruption in liquor business.
Journalists who criticise the govt or a Minister are often slapped with sedition charges or detained under draconian laws like NSA or UAPA, e.g. Kishorechand Wangkhem who was arrested in 2018 for criticising Manipur CM Biren Singh. A journalist, Pawan Jaiswal, was arrested in Uttar Pradesh in 2019 for reporting that children in a primary school in Mirzapur were being given only roti and salt as a mid-day meal.
On May 11, Dhavai Patel, editor of a Gujarati online portal ‘Face of the Nation’ was arrested for sedition for publishing a news item that the Gujarat chief minister, Vijay Rupani, was likely to be replaced.
A large number of similar instances can be given of illegal and unwarranted arrests and detentions at the instance of vindictive politicians. The question is whether, like Bheeshma Pitamah turning a blind eye to the disrobing of Draupadi, the Supreme Court or High Court should ignore these blatant and glaring illegalities. What then will remain of the numerous verdicts of the court itself stating that the Supreme Court is the guardian of the Constitution, and protector of the people’s rights ?
In one of its early decisions in State of Madras vs VG Row, 1952, the Supreme Court held, “As regards fundamental rights the court has been assigned the role of a sentinel on the qui vive”, an expression that has been reiterated again and again in several decisions of the court e.g. I.R.Coelho vs the State of Tamil Nadu, (2007), Navtej Singh Johar vs Union of India, (2018), Shakti Vahini vs Union of India, (2018), C.Ravichandran Iyer vs Justice AM Bhattacharjee ( 1995 ), Padma vs Hiralal Motilal Desarda (2002), Bachan Singh vs State of Punjab (1982), Indra Sawhney vs Union of India (1992), etc.
In Ghani vs Jones (1970), Lord Denning observed: “A man’s liberty of movement is regarded so highly by the laws of England that it is not to be hindered or prevented except on the surest ground.” Whenever a habeas corpus petition (a petition praying for release from illegal custody) comes before a British judge, he sets aside all other files, and takes up the petition as having priority over every other case, since it relates to individual liberty. But what was the performance of the Supreme Court in the habeas corpus cases of Kashmiri leaders detained after the abrogation of Article 370 on August 5, 2019? The cases were adjourned month after month, whereas the petition of Arnab Goswami, known for his affinity to the government, was taken up on top priority basis. What message does this send?
It is time now for courts to resume their solemn duty of protecting the liberties of the people.
In a recent decision, the Indian Supreme Court has again reiterated that the people have a right to criticise the government in a democracy
https://indiankanoon.org/doc/32533784/
The Court observed " Every citizen of India has a right to be critical of the action of abrogation of Article 370 and the change of status of Jammu and Kashmir. Describing the day the abrogation happened as a “Black Day” is an expression of protest and anguish. If every criticism or protest of the actions of the State is to be held as an offence under Section 153-A, democracy, which is an essential feature of the Constitution of India, will not survive. The right to dissent in a legitimate and lawful manner is an integral part of the rights guaranteed under Article 19(1)(a). An opportunity to peacefully protest against the decisions of the Government is an essential part of democracy. The right to dissent in a lawful manner must be treated as a part of the right to lead a dignified and meaningful life guaranteed by Article 21 ''.
Now coming to the case of Neha Singh Rathore, it can be seen that she had not given a call for violent rebellion nor created public disorder. She had only criticised the government. Hence from the above discussion it is evident that she was only excercising her fundamental right of freedom of speech guaranteed by Article 19(1)(a) of the Constitution of India, and had committed no offence.
By Justice Markandey Katju, former Judge, Indian Supreme Court
The controversy about the directives of the Supreme Court in State of Tamilnadu vs Governor of Tamilnadu rages on, and shows no sign of abatement. My own view is very clear : Jagdeep Dhankhar and read more
A war of words seems to have broken out between Indian Vice President Jagdeep Dhankhar and the President of the Supreme Court Bar Association, MP, and former Union Minister Kapil Sibal, over the judgment read more
Demonstrations and protests have been held by Indian Muslims in many parts of India against the recently enacted Waqt Amendment Act. 73 petitions have been filed by various organizations and individuals read more
Recently a function was held in Delhi in which a book titled 'The Basic Structure Doctrine' written by my good friend retired Justice Rohinton Nariman, former Judge of the Indian Supreme Court, was releasedhttps://www.youtube.com/watch?v=wuPWHOeVcqkhttps://www.youtube.com/watch?app=desktop&v=STcHgYZRaxshttps://www.youtube.com/watch?v=8lIFuFEN7nYIn read more
Roar Title : A Supreme Court decision about which I have grave reservationsIn State of Tamilnadu vs Governor of Tamilnadu, the Indian Supreme Court has given a skew of directives, which have been widely read more
INTRODUCTION: - Under the purview of criminal law personal bonds and surety bonds are very essential which works as a safeguard, providing a relief in respect of an accused person, through which he can read more
INTRODUCTION:
- Under the purview of
criminal law personal bonds and surety bonds are very essential which works as
a safeguard, providing a relief in respect of an accused person, through which
he can be released from custody whilethe trial is in waiting. These bonds
conduct as guarantees, ensuring the accused will comply with the mentioned
conditions finalized by the court. While both personal and surety bonds act as
security but they have significant amount of distinction. Through this blog will be
exploring these two element, probing into its explanation.
BACKGROUND: - The origins of bail and bond
systems can be traced back to ancient civilizations. During medieval England,
the essence and the growth of the bail was ensured that accused persons could
be released from custody while the trial is in wait. Over time, these system
got evolved, including the various forms of bonds, such as personal and surety
bonds, securing the release of accused persons.
In India, the bail system was introduced
by the British authority, through which it got emergedinto the Indian legal
framework, for instance the Code of Criminal Procedure, 1973, granting the bail
in criminal cases.
KEY
DIFFERENCE: - The existing difference are the following below-
·
A personal bond, is a written promise signed
by the accused, agreeing to comply with the conditions set by the court and to
appear for trial, while a surety bond involves a third party, known as a
surety, who guarantees the accused's compliance with the court's conditions and
appearance at trial.
·
There
is no financial cost or collateral involved for the accused when signing a
personal bond, in the case of surety bond, it requires the surety to pledge a
certain amount of money or property as collateral.
·
There
is no need for a surety in a personal bond, only the accused is solely
responsible for compliance under conditions mentioned by the court, while in
the surety bond the role of surety is very crucial role, as they pledge
collateral and ensure the accused's compliance. The surety assumes the risk of
forfeiture if the accused fails to comply.
·
The
opportunity of release are solely based on the accused's promise of compliance.
These conditions may include appearing at trial, not leaving the jurisdiction,
and not engaging in criminal activity, while the release conditions are
enforced by the surety, who is responsible for ensuring the accused's
compliance, which also includes additional conditions given by the surety
himself to avoid the risk.
STATUTORY
PROVISIONS: - The existing certain law which contains this two
type of bond particularly comes under the criminal law which already also
mentioned above, But we be delving in the precis manner, which are-
1. Code of Criminal Procedure (CrPC),
1973
Section 436: Deals with bail in bailable
offences and allows the accused to be released on personal bond without
sureties.
Section 441: Allows the release of an
accused on their own bond or on bail, requiring the accused to attend at the
time and place specified in the bond.
Section 446: It less down the procedure
when a bond has been forfeited. The surety may be liable to imprisonment if the
penalty cannot be recovered.
2. The court may also accept affidavits
to determine the eligibility of the surety etc.
CASE
LAW: - Some
landmark cases dealt by the Supreme Court itself related to these above bonds
include-
·
Ram
Lal v. State of U.P (1979): Under this case the surety’s undertaking to secure
the accused’s presence is distinct of the accused’s undertaking to appear in
court.
·
Moti
Ram v. State of Madhya Pradesh (1978): This case established the principle that
bail conditions should not be oppressive and should consider the financial
capacity of the accused.
·
State
of Rajasthan v. Balchand (1977): Court has established the principle that “bail
is the rule and jail is the exception,” essentially emphasizes that the courts
should be cautious when denying bail of an accused person unless there is a
significant amount of risk of them interfering in the legal process.
·
In
multiple cases related to bail the courts has mentioned the importance of
balancing the accused’s fundamental rights related to right to life and liberty
including the necessity of their presence.
CONCLUSION: - In the end of this discussion, the personal bonds and surety bonds serve as essential mechanisms for ensuring the release of accused persons. Personal bonds rely on the accused's own diligence and without involving in any financial or any implications, making them accessible for individuals with certain limitations, while surety bonds, involves a third party who pledges, providing series of assurance in front of the court of , for any relevant inconvenience regarding above mentioned matters you can contact Online Legal Query, who can navigate you towards those senior legal experts who are eligible also qualified to help so far through proper presentation of knowledge.
INTRODUCION: - A special Power of Attorney is a legal document which provides a validity to an agent or any related person or attorney in fact the authority to act on behalf of the principle in respect read more
INTRODUCION: - A special Power of Attorney
is a legal document which provides a validity to an agent or any related person
or attorney in fact the authority to act on behalf of the principle in respect
of any specific matters. The existing difference between General Power of
Attorney and Special General Power of Attorney is evident under some limited
particular conductivities or transactions. Through this blog will be exploring
the validity of SPA, probing into its explanation.
BACKGROUND: - The essence of power of
attorney can be found in back in days under Romanian Law, ‘procuratio’.Over the period of time, through various legal systems
was adopted and modified and the concept to suit their needs was come into the
existence. In India, the power of attorney was introduced around British
colonial period.In the 18th and 19th centuries, common law systems, including
England, further developed the concept, emphasizing the need for clear
documentation and legal recognition.The Indian Contract Act, 1872, and the
Powers of Attorney Act, 1882, provide the legal framework for the creation and
execution of powers of attorney, including Special POA.
KEY ASPECTS: - Under this some points are-
1.
A Special POA is a specific type of power of attorney that grants the
agent authority to conduct on behalf of or represents the principal in certain
matters.
2.
To make an Special POA be valid, it must be executed through maintaining
the legal requirements, which includes the clear intention to grant authority
by the principle and acceptance of the agent's, through documentation,
notarization& registration, also stamp duty etc.
3.
The principal has the right to revoke the Special POA at any time,
provided they are mentally and physically capable of doing so, in writing and
after the communication has been done with the agent and any third parties involved
(if any), practically have to maintain a proper execution.
4.
A Special POA limited scope for specific purpose, onlyfor which it is
granted mentioned under the specified document related to this.
5.
Both the principal and the agent must have the legal capacity to enter
into an agreement to beable to maintain a properexecutionunder power of
attorney.
6.
The selection of the agent have to be maintain with clarity, which also
includes the termination on completion.
DIFFERENCE: - The distinctions between the
General and Special POA are-
1.
For General POA the scope is limited under broad authority for legal and
financial matters and for Special POA the specific limited authority has been
given for specific task or transactions.
2.
The General POA is more flexible than Special POA.
3.
The General POA has higher chances of risk than Special POA.
4.
General POA IS valid until it is revoked or the principle becomes
incapable to be able to maintain the agreement, where for Special POA is valid
until the completion of the specific given task or transaction.
5.
GPA can be used when one wants to manage their overall affairs in their
absence, but in the situation of SPA can be used when one wants someone to
manage single or any specific affair etc.
LEGAL PROVISION: - The legal provisions
governing Special POA in India are primarily found those statutes which has
highlighted the requirements for the creation, execution, and revocation of powers
of attorney, these are-
1. The Indian Contract Act,
1872 provides the general principles of contract law, which is also applicable
under the concept of powers of attorney.
2. The specific statute is
Powers of Attorney Act, 1882, which has been specifically established for the
purpose to deals with the legal framework in respect ofpowers of attorney in
India, which has less down or includes the requirements and other necessary
points for powers of attorney, including General POA and Special POA.
CASE LAW: -
·
The Supreme Court of India has delivered a judgement on the scope and
validity of the power under POA documents. The Court has explained that a POA
cannot be used for property transfer without principle’s consent and proper
execution.
·
Ghanshyam v. Yogendra Rathi (2023): the Supreme Court has held that a
Power of Attorney (POA) document, including an SPA, does not comes under a
title document or includes any right over immovable property, which means a
separate registered sale deed is required for this even if a SPA is used for
sale process.
CONCLUSION: - The validity of a Special
Power of Attorney depends on its compliance to the legal requirements and also
on the principles specified through relevant statutes. Proper execution,
documentation, and registration are essential for the validity of an SPA. It is
crucial for individuals and entities to ensure that their SPA complies with the
given duty to avoid any potential legal disputes or challenges, such as for any
inconvenience above regarding matters you can contact Online Legal Query, who can navigate you towards
those senior legal experts who are eligible also qualified to help so far
through proper presentation of knowledge.
INTRODUCTION: -An Agreement of Sale has a significant importance in the legal and real estate areas. The foundation of a contractual relationship between the buyer and the seller, includes the terms and read more
INTRODUCTION: -An Agreement of Sale has a significant
importance in the legal and real estate areas. The foundation of a contractual
relationship between the buyer and the seller, includes the terms and
conditions regarding a particular sale. The Agreement of Sale also includes the
certain limitation for the purpose to file a suit for specific performance,
ensuring the fulfilment ofthe terms. Through this blog will be exploring the validity of the
Agreement of Sale and the limitations to file a suit for specific performance, probing into its
explanation.
BACKGROUND: - The specific performance is
a type of legal remedy. The origin or the traces can be found back in the
common law system in England. The growth of the remedy under specific
performance has been addressed by the courts, especially for those situations
where pecuniary compensation was inadequate as a remedy under the breach of a
contract. And over time, a valid structure was introduced through various legal
systems worldwide. In India, the Specific Relief Act, 1963, governs the
provisions and contractual obligations related to specific performance.
KEY VALIDATION: - The important aspects under
this are-
·
An agreement of sale is a legal document that outlines the terms and
conditions, sanctioned between buyer and seller.
·
The agreement must contain the free assent of each party involved.
·
Proper validation also depends on the eligible documentation, upon which
both party are agreed.
·
Exploring on the nature and value of the property, the agreement may
need to be registered with the eligible authorities.
·
The agreement should maintain a proper clarification, which states the
possibility of seeking specific performance as a remedy.
·
The limitation period for filing a suit for specific performance most of
the time are three years from the date fixed for performance or when the
plaintiff has notice of the refusal to perform if there is specific
period is mentioned etc.
LEGAL PROVISION: - The mentionable statutory
provisions are-
1.
The Specific Relief Act, 1963. This has less down the enforcement of
specific performance under the purview of India.
2.
The Indian Contract Act, 1872, which less downs the general principles
of contract law, which apply to the creation and execution of an Agreement of
Sale.
3.
The Limitation Act, 1963, which less downs or prescribes the limitation
period for filing a suit for specific performance.
OVERALL ANALISIS: - The validity of an Agreement
of Sale and the limitation to file a suit for specific performance are
interconnected with each other. For an Agreement of Sale to be valid, it must
comply with the provisions mentioned under the Indian Contract Act, 1872, which
includes ensuring the free consent, lawful consideration, and a lawful object,
and also the terms and conditions of the agreement must be certain.
On the other hand the specific
performance works as a remedy which is particularly relevant transactions
related to real estate. Where the property is being sold may have unique characteristics
that makes the compensation an unapproachable remedy. The Specific Relief Act,
1963, provides the legal basis for enforcing specific performance, ensuring that
the contractual obligations are fulfilled.
The limitation period for
filing a suit under specific performance is another aspect which must be
sustained for validation. The specific Act which is the Limitation Act, 1963,
specifies that the legal actions are taken within a reasonable time frame,
preventing any unnecessary delays ensuring certainty. It is an essential
eligibility through which the parties to an Agreement of Sale must be aware of and
take timely legal action to enforce their rights.
CASE LAW: -
·
Ram Das v. Smt. Lila D.
Bhagat (2002):
the Supreme Court held that the limitation period for filing a suit for
specific performance begins from the date fixed for performance or, if no such
date is fixed, when the plaintiff has notice of the refusal to perform. The
court emphasized the importance of adhering to the limitation period to ensure
timely enforcement of contractual obligations.
·
K.S Vidyanadam v. Vairavan
(1997):
This case has underscores the importance of timely action in filing a suit for
specific performance and the impact of delay on the validity of the sale
agreement.
CONCLUSION: - The sale agreement and the
ability to file a suit for specific performance are intertwined with each other
to comply with legal provisions, including timely action. Under the Limitation
Act, for filing such suits also has the great importance. Above mentioned
landmark cases also indicates the critical importance of acting within this
limitation period to enforce contractual obligations effectively. This
ultimately will help to uphold the integrity and enforceability of agreements,
for any relevant inconvenience regarding above mentioned matters you can contact Online Legal Query, who can navigate you
towards those senior legal experts who are eligible also qualified to help so
far through proper presentation of knowledge.
Possibility of Transfer of Criminal Cases Related to Family MattersIntroduction: In India ‘family matters’ refers to legal issue related to divorce, adoption, marriage, child custody, alimony, domestic read more
Possibility of Transfer of Criminal Cases Related to Family Matters
Introduction:
In India ‘family matters’ refers to legal issue related to divorce,
adoption, marriage, child custody, alimony, domestic violence, and inheritance
all of these come under the family matters.
The rules that apply when someone commits a crime, such as assault,
robbery, murder, and other kinds of crimes.
Family law cases can sometimes take unexpected turns, which can lead to
criminal charges with far-reaching consequences. Therefore, it is important to
have a delicate understanding of the legal scenery in order to steer the
intersection of family and criminal law.
Cases where a family matter turns into a criminal case:
These are the issues where family matters turn into a criminal case:
Child Abuse:
Cases involving child custody and access can take a criminal turn when
allegations of child abuse involve. Child abuse charges may include assault,
sexual exploitation, or neglect. If the court thinks that a child’s safety is
at risk, it may involve child protection services, and criminal charges against
the offending party.
Domestic Violence:
One of the most common situations where a civil family matter may
transform into a criminal matter is in instances of domestic violence. Family
law cases involving allegations of abuse, whether physical, mental, emotional,
or financial, assault, uttering threats, or harassment, come under the
involvement of criminal charges.
Fraud:
Matters related to property division and financial support can sometimes
reveal instances of fraud. If any of the party intentionally conceals assets,
provides false financial information, or engages in other fraudulent activities
during a family law case, then can be led to criminal charges of fraud.
False Allegations:
In few cases, individuals may make false allegations during family law
proceedings. If it is proven that the charges make by one against the other
party are false then these false statements can have severe consequences,
including criminal charges for perjury or obstruction of justice.
Violation of Court Orders:
Non-compliance with court orders, such as failing to pay child support or
violating restraining orders, can result in criminal charges. Contempt of court
charges may be pursued, emphasizing the importance of adhering to the court’s
directives.
The Interchange between Family and Criminal Law:
When a family law matter turns into a criminal case, the legal scenario
becomes more entangled. The involvement of different legal systems adds more
complexity and parties to the case find themselves facing both criminal and
civil proceedings side by side.
Evidence and Burden of Proof:
While family law cases often lie on a prevalence of evidence, criminal
cases require a higher standard of proof -beyond a reasonable doubt. The burden
of proof in criminal cases is on the prosecution, emphasizing the seriousness
of the charges and the need for an investigation.
Legal Representation:
Parties facing both family and criminal cases must steer the legal
system with adept representation. It is essential to engage a law firm that is
well-versed in both family and criminal law, as law firms as ours OLQ Online
Legal LLP will be able to provide comprehensive guidance and ensure that the
client’s rights are protected in both areas.
Conclusion:
While family matters primarily fall under the jurisdiction of civil law, there are instances where a case can unexpectedly transformed into a criminal matter. In the family matters where actions involved such as physical assault or sexual abuse, the party who is aggrieved can file a separate criminal complaint, leading to the criminal court proceedings along with the family matters.
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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