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EWS reservation has been recently introduced by the Central Government of India. Now the general category candidates will be provided with 10% quota among their Economically Weaker Sections read more
EWS reservation has been recently introduced by the Central Government of India. Now the general category candidates will be provided with 10% quota among their Economically Weaker Sections (EWS) in government jobs and educational institutions. This has been done by adding clauses in Indian Constitution (103rd Constitution Amendment Act, 2019)
The Rajya Sabha had passed the Constitution 124th (Amendment) Bill, 2019 that seeks to provide 10% reservation in jobs and educational institutions to economically backward sections in the general category. The legislation was passed in the upper house of the Parliament. 165 members voted in favour of it and 7 voted against it.
The share of seats that are accessible to you will be changed by this new quota act irrespective of the category- General, OBC, SC or ST and it will definitely affect your category.
The instructions were given by The Department of Personnel and Training yesterday for implementing quota for EWS in services and posts under central Government.
The quantum of EWS reservation will be 10% as declared by the government and the “scientific and technical” posts will not be included in EWS quota. The Bill was approved by the Parliament on 9th January, 2019.
The 10% reservation is in addition to the existing 50% reservation for the Scheduled Castes, Scheduled Tribes and the Other Backward Classes, taking total reservation to 60 per cent.
This scheme of reservation will be effective in respect of all direct recruitment vacancies to be notified on or after 01.02.2019.
A person whose gross annual income will be less than Rs.8 lakh will be considered in EWS quota and income from all the sources will be included whether salary, profession, business, agriculture etc.
The DoPT office memorandum issued on July 2, 1997 has general principles of applying roosters will be applied in case of EWS quota.
EWS representation’s periodic reports Annual reports on EWS representation will be prepared by The Ministries and Department fortnightly. Unfilled EWS posts will not carry forward No vacancy will be filled in any recruitment year if there is no suitable candidate belonging to the EWS. Vacancies that will not be filled by the suitable candidate will not carry forward for next recruitment year as a backlog.
There must be an upliftment of EWS section no doubt about that. It must be done by the reservation as a tool or not is a question. But now is the time that some new reforms must be introduced in Reservation System of India.
This implementation is yet to be decided by The Supreme Court of India. The situation will come to what existed if the Supreme Court will declare this implementation as null and void.
The detailed guidelines under the Scheme are as follows
I. GUIDELINES FOR THE CANDIDATES
Persons belonging to economically weaker sections shall get 10% reservation in direct recruitment in civil posts and services in the Government of India, provided that they are not covered under the scheme of reservation for Schedule Castes, Schedule Tribes and Other Backward Classes.
Persons who are not covered under the scheme of reservation for SCs, STs and OBCs and whose family has gross annual income below Rs 8 lakh (Rupees eight lakh only) can claim benefits.
The Scheme defines Economically Weaker Section (EWS) as one having:
1. Annual household income below Rs 8 lakh
2. Agriculture land below 5 acres
3. Residential house below 1000 sqft
4. Residential plot below 100 yards in notified municipality
5. Residential plot below 200 yards in non-notified municipality area
If the property is held by a family in different locations or at different
places/cities, then all of them would be clubbed while applying the land or property holding test to determine EWS status.
Under the scheme, a ‘family’ means and includes the
1. person who seeks benefit of reservation,
2. his/her parents and
3. siblings below the age of 18 years as also
4. his/her spouse and
5. children below the age of 18 years.
If any person gets an appointment on the basis of false claim, then her/his services are subject to termination invoking the conditions contained in the offer of appointment.
As a matter of right, any person belonging to EWS cannot be denied the right to compete for appointment against an unreserved vacancy.
II. REDRESSAL MECHANISM
A senior officer of the Department shall be appointed by every Government establishment who will act as the Grievance Redressal Officer.
Any person aggrieved with the instance of discrimination in employment against any EWS may file a complaint with the the ‘Officer’ of the respective Government establishment.
III. GUIDELINES FOR THE AUTHORITY
1. A person can avail the benefits under EWS only when he/she produces an Income and Asset Certificate issued by a Competent Authority. Such Certificate can be issued by any of the following:-
District Magistrate/Additional District Magistrate/ Collector/
Deputy Commissioner/Additional’ Deputy Commissioner/ 1st
Class Stipendary Magistrate/ Sub-Divisional Magistrate/ Taluka
Magistrate! Executive Magistrate/ Extra Assistant Commissioner
Chief Presidency Magistrate/Additional Chief Presidency
Magistrate/ Presidency Magistrate
Revenue Officer not below the rank of Tehsildar and
Sub-Divisional Officer or the area where the candidate and/or his
family normally resides.
2. The Officer issuing such certificate has to carefully verify all the relevant documents and follow the due process as prescribed by the respective State/Union Territory.
3. The date for submitting income and asset certificate by the candidate shall be treated as the closing date for receipt of application for the post.
4. The Income and asset certificate submitted by the candidate shall be verified by the appointing authority.
5. The offer of appointment to the candidate claiming to be belonging to EWS shall mandatorily include the following clause( The appointing authorities )
“The appointment is provisional and is subject to the Income and asset certificate being verified through the proper channels and if the verification reveals that the claim to belong to EWS is fake/false the services will be terminated forthwith without assigning any further reasons and without prejudice to such further action as may be taken under the provisions of the Indian Penal Code for production of fake/false certificate.”
BIBLIOGRAPHY
https://www.orfonline.org/expert-speak/who-will-gain-from-10-reservation-for-ews-47312/\
https://www.gservants.com/2019/02/03/reservation-criteria-for-ews-and-maintenance-of-roster/21749/
https://www.jagranjosh.com/current-affairs/union-cabinet-approves-10-per-cent-reservation-for-economically-weak-among-upper-caste-1546925703-1
https://www.clearias.com/ews-reservation/
https://www.livelaw.in/news-updates/economic-reservation-centre-issues-instructions-for-implementing-ews-quota-in-services-read-circular-142577
Investigation includes all the proceedings under the Cr.P.C for the collection of evidence conducted by the police officer or by any person (other than a Magistrate) who is authorized by a Magistrate read more
Investigation includes
all the proceedings under the Cr.P.C for the collection of evidence conducted
by the police officer or by any person (other than a Magistrate) who is authorized
by a Magistrate in this behalf.
An investigation means
search for material and facts in order to find out whether or not an offence
has been committed. The Investigation of an offence consists of-
· 1. Proceeding to the place of offence.
· 2. Ascertainment of the facts and
circumstances of the case
· 3. Discovery and arrest of the suspected
offender.
·
Collection of evidence relating to the
commission of the offence which may consist of examination of various persons,
including the accused and reduction of their statements into writing if police
thinks fit. Also, the search of various places or seizure of things considered
necessary for investigation.
·
Formation of the opinion as to whether the
materials collected there is a case to place the accused before the Magistrate
for trial and if so, taking the necessary steps for filing a charge-sheet.
Chapter
XII of the Code of Criminal Procedure, 1973 (Cr.P.C.) deals with the
Information to the Police and their Powers to Investigate. Such powers are
related to all cognizable and non-cognizable matters as well as matters related
to suicide, killed by animals or accidents etc. All the powers of police are
inherent and are not to have encroached through any means
The investigation power
of police starts as soon as FIR is lodged under Section 154 of the Code. The first
information of a cognizable offence is given to the police. FIR is in relation
to the commission of a cognizable offence and which is first in point of time
and on the strength of which the investigation into that offence is commenced.
The FIR should be in writing and shall be signed by the informant. The main object of the FIR is to set the criminal law
in the motion and to set the investigation process in reference to the alleged
offence. The FIR is an essential piece of any criminal trial in order to
corroborate the evidence. The statement given to police after the
investigation has commenced will not be included under FIR.
Under Section 155(1) When
information is given to the police regarding the commission of a non-
cognizable offence, the police must enter the information in a book to be kept
in prescribed form and refer the informant to the Magistrate. According to section 155 (2), a police officer is not
permitted to investigate a case relating to the non-cognizable offence without
the order of the Magistrate who has the power to try such cases. A police
officer acquires the power to investigate as soon as he receives the order and
can exercise the investigating power same as he exercises in any cognizable
matter. However, no police officer has the power to arrest any person in the
non-cognizable offence unless he has the warrant to arrest. And under Section
155 (4) if any case involves 2 or more offences and among all, if one is the
cognizable offence, the entire case shall be deemed to be a cognizable case. No
defence would lie on such cases mere on the basis that other are non-cognizable
offence and the police officer will have the power to investigate the manner as
prescribed for the cognizable offence. In Pravin
Chandra vs State of AP[1],
it was held that while investigating a cognizable offence and submitting
charge-sheet for the same, the police is not debarred from investigating any
non- cognizable offence arising out of the same facts and including them in
their final report
Under
Section 156(1), Any police officer without the order of Magistrate, investigate
any cognizable case the police officer can
investigate the case only where the Court has the jurisdiction over the local
areas. In Sohan Lal vs State of Punjab [2]it was
held that the police can investigate even without a FIR, if any police officer
has reason to suspect the commission of a cognizable offence. FIR is only a
report about the commission of an offence and not the substantive evidence, as
the police has yet to investigate an offence. The statutory right of a police
to investigate cannot be interfered or controlled by the judiciary. The
Magistrate has no authority to direct investigation officer any case in a
particular manner. Under Section 156(2), an irregularity in investigation does
not vitiate proceedings or trials.
Section
157 provides the manner in which the investigation is to be conducted where the
commission of a cognizable offence is suspected and authorizes police not to
investigate if he considers that there is no sufficient ground for such
investigation. Further this section requires that immediate intimation of every
complaint of the commission of cognizable offence shall be sent to the
Magistrate having jurisdiction. The Magistrate is
empowered to take the cognizance of such offence and order to any subordinate
officer to investigate the spot, facts and circumstances of the case and take
necessary measures for the discovery and the arrest of the accused. The report
is sent to the Magistrate as to keep him abreast of the investigation so he may
give appropriate directions. Delay in sending the report to Magistrate does not
render the case doubtful but would put the Court on guard. Further, in case of
rape offence, the recording of the statement of the victim shall be recorded by
a woman police officer. All such statements shall be recorded at the residence
of the victim or the place of her choice and in the presence of his parents or
guardian or near relatives or social worker.
Under Section 160 for effective investigation the police need to obtain
information from persons acquainted with the facts and circumstances relevant
to the commission of the offence. Thus,
the police officer making investigation by order, in writing require attendance
before himself of any person if the following conditions are satisfied-
· 1.The order
must be in writing
· 2.The person to
whom order is made is one who appears to be acquainted with the facts and
circumstances of the case.
· 3.Such a person
is within the limits of the police station of the investigating officer.
However, the police officer has no authority to use force for compelling
the attendance, nor does he have any power to arrest or detain such a person.
As per section 161 of the Code the police officer who has the power to
investigate will examine the witness and reduce their statements in writing.
This section also empowers to record the stamen in audio-visual electronic
means. Moreover, a woman police officer is required to record the statement of
the woman against whom an offence is committed.
Under Section 162(1), No statement made by any person to police shall be
signed by the person making it. This checks the abuse of power by the police,
as in some cases the police might obtain the signature of a witness by
compulsion. As per Section 162(2), the witness is not bound to answer any such
question which might expose him to criminal charge, penalty etc.
Section 163 ensures that statements made to the police during the
investigation are not affected by fear or favour. It lays down an embargo on
the investigating authorities to use any inducement, threat or promise which
might influence the mind of the maker of the statement and lead him to suppose
that thereby he would gain any advantage or avoid any evil reference to his
conduct as disclosed in the proceedings
Section 165 authorises the police officer to make a search without
warrant during investigation. However, there are few pre-conditions which needs
to be fulfilled are-
· 1. Search must
be necessary for investigation purpose
· 2. The offence
must be a cognizable offence
· 3. Reasonable
ground must exist for believing that the thing required will be found in a
place
A person arrested without a warrant cannot be detained by the police for
more than 24 hours. However, if the police consider it necessary to detain such
a person for a longer period for the purpose of the investigation, he can do so
only after obtaining special order from the Magistrate under the Section 167.
Police are empowered to extend the custody of the accused up to 15 days when
the investigation is not completed within 24 hours. Section 167(5) lays down
that if any case triable by the Magistrate as summons case, the investigation
is not concluded within a period of 6 months from the date on which the accused
was arrested, the Magistrate shall make an order to stopping further
investigation.
Section 173 lays down that, A police officer is empowered to submit a
charge sheet post investigation. It includes a copy of FIR, statement of the
complainant, witnesses, panchnama, dying declaration etc.
In the case of S.N. Basak [3],
it was held that the statutory right of the police to carry on an investigation
under this chapter before a prosecution is launched, cannot be interfered with
by the Courts either under section 401 or Section 482.
In Kari Chaudhary v. Sita Devi[4], it was held that the object of
investigation is to find out whether the alleged offence has in fact been
committed, and, if so, who have committed them. However, where there is the
commission of any offence which is not of serious nature there is no need to
proceed with the investigation on the spot. Also, where it appears to the
police officer that there no sufficient reason for the investigation, he shall
not proceed with it. All such information is required to be mentioned by the
police officer furnishing the report that he will not conduct any investigation
Thus, the powers of the police to take statements of accused or suspects
during investigation are quite wide as they can arrest and detain any person
accused of an offence, they can interrogate him and record his and other eye witnesses’
statements and seek medical examinations of such person.
In an important judgement, the Supreme Court (SC) has upheld the constitutional validity of the Insolvency and Bankruptcy Code 2016 (IBC) under Article 14 of Constitution of India and dismissed that its read more
In an important judgement, the Supreme Court (SC) has upheld the constitutional validity of the Insolvency and Bankruptcy Code 2016 (IBC) under Article 14 of Constitution of India and dismissed that its provisions were discriminatory in nature.
IBC, enacted to eradicate the malice of massive NPAs ailing and crippling India’s banking sector was has been facing enormous challenges in its implementation, mostly from the promoters of delinquent companies.
These promoters have been challenging IBC and the processes thereunder on one ground or the other, from time to time, as they have been quite used to render all the earlier modes of recoveries ineffective under the legal routes prior to IBC enactment. They challenged the IBC provisions by asserting that by barring promoters from bidding for their own companies, IBC forces the sale of the company to new bidders. This system, the promoters alleged, was against the fundamental rights of promoters.
Further, several operational creditors had also alleged IBC not making an intelligible differentia in classification of a financial creditor and operational creditor, thereby violating Article 14. Under IBC, the committee of creditors can only consist of financial creditors who assess and vote on resolution plans submitted by interested bidders.The operational creditors sought parity with secured creditors (e.g., banks and financial institutions) who have first claim over the money coming through the proceedings under IBC.
The SC dismissed both these arguments
A bench headed by Justice R F Nariman upheld the constitutional validity "in its entirety" and dismissed the pleas to give operational creditors' parity with financial creditors challenging the IBC. The SC also ruled that related parties in IBC should mean a person connected with the business.
This decision has upheld Section 29A of IBC which bars promoters of a company facing insolvency proceedings from bidding to regain its control.
The verdict would also be a set back for founders of delinquent companies like Essar Steel – the promoters had offered to clear all dues to regain control. This ruling is well in time before a decision by bankruptcy court on January 31.
India needs to bring about a clean credit culture. Hope this verdict is a step towards that direction.
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Nowhere to run, nowhere to hide ….Indian taxmen are getting smarter and the days when filing income-tax return (ITR) was an exception than the norm are all but gone.ITR filing is mandatory for individuals read more
Nowhere to run, nowhere to hide ….
Indian taxmen are getting smarter and the days when filing income-tax return (ITR) was an exception than the norm are all but gone.
ITR filing is mandatory for individuals having income above the exempted income limit. It was usual for some individuals to file ITR only in the years when there was substantial income difficult to hide or get away with and then ignore / forget in later years.
Central Board of Direct Taxes has a Non-filers Monitoring System (NMS) to track persons who carry high value transactions but do not file tax returns.
Now, with more than adequate PAN linkage within the Indian financial system and through data analysis, the finance ministry has identified a good number of individuals who have carried-out high value transactions in financial year 2017-18 but have still not filed ITR for the same financial year in the Assessment Year 2018-19, going by the recent tweets from the Finance Ministry’s twitter handle.
Finance Ministry has advised such non-filers to assess their tax liability for Assessment Year 2018-19 and file their ITR or submit an online response explaining non-filing within 21 (twenty one) days. If the online response / explanation offered by a non-filer is found to be satisfactory, it will be end of the matter and the query will be closed online. However, in cases where no ITR is filed nor a response is received from a non-filer, the tax department may initiation appropriate legal proceedings.
For the last couple of years, the government has been making efforts to bring the non-filers into the ITR filing system with decent amount of success.
It is better to have a wider net of tax payers. Otherwise, those already under the tax net tend to shoulder more burden on them and end up with less net disposable income - whereas those outside go scot-free despite having more income at their disposal.
Historically, widening of tax payers base results in reduction of taxes as there are more people to collect revenue from.
One can hope the government efforts bear fruits and are not mere hype.
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1. Justice K.S. Puttaswamy & Anr. V. Union of India & Ors. (Aadhaar Verdict) the SC has declared the Centre’s Aadhaar scheme as constitutionally valid, but with conditions. The five-judge read more
1. Justice K.S. Puttaswamy & Anr. V. Union of India & Ors. (Aadhaar Verdict)
the SC has declared the Centre’s Aadhaar
scheme as constitutionally valid, but with conditions. The five-judge
Constitution Bench has ruled that there is no need to link Aadhaar with bank
accounts and mobile phones, but is must be linked with a PAN card. The court
further says that schools cannot insist on Aadhaar and read down Section 57 of
the Aadhaar Act, barring sharing of information with corporate bodies.
2. Navtej Singh Johar & Ors. V. Union
of India Thr. Secretary Ministry of Law and Justice( Homosexuality
Decriminalised (Section 377))
The
Supreme Court has declared the Section 377 of IPC as unconstitutional. The
ruling re-examined a 2013 judgement that upheld Section 377 of the IPC, under
which homosexuality is described as an “unnatural offence”. Now the homosexuals
are now allowed to live as equal citizens in India and nobody can harass them
on the basis of their sexual orientation. However, the apex court said that
Section 377 would continue to be in force in cases of unnatural sex with
children and animals.
3. Indian Young Lawyer’s Association Vs.
State of Kerala (Women can enter Sabarimala)
The five judge bench of SC removed a ban that prevented women between 10 and 50 years of age from entering Kerala's Sabarimala temple.. The then CJI Dipak Misra, A M Khanwilkar, Justices R F Nariman, and D Y Chandrachud ruled against the restriction, while Justice Indu Malhotra gave a different opinion, saying, “the religious practice of restricting the entry of women between the ages of 10 to 50 years is in pursuance of an ‘essential religious practice’” and “notions of rationality cannot be invoked in matters of religion by courts”
4. Union of India & Anr. V. Mohit
Mineral Pvt. Ltd. (GST Validity)
In a
verdict delivered by Justice AK Sikri and Justice Ashok Bhushant he Apex Court
upheld the Constitutional validity of Goods and Services Tax (Compensation to
States) Act, 2017, as well as the Goods and Services Tax Compensation Cess
Rules, 2017, as framed under the Act.
5. Swapnil Tripathi V. Supreme Court of
India( Live-Streaming Of Court Proceedings)
To make the legal proceedings transparent the Apex Court allowed live-streaming during a court proceeding. The Supreme Court bench headed by Chief Justice Dipak Misra said, "Sunlight is the best disinfectant." The bench believed this will bring more accountability and will also help in improving the rule of law.
6. Ashwini Kumar Upadhyay V. Union of
India & Anr (Can’t Restrict MPAnd MLAs From Practicing Law)
The three-Judge Bench comprising Chief Justice of India Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud dismissed the petition seeking a declaration that a person cannot be allowed to perform the double role of a lawyer and a legislator (MP/MLA).
7. Tehseen Poonawalla v. UOI; Tushar
Gandhi v. UOI (Cow Vigilantism)
On 17th
July 2018, the three-judge bench comprising Ex CJI Deepak Misra , Justice DY
Chandrachud and Justice Ajay Manikrao Khanwilkar delivered its judgment,
issuing guidelines to curb acts of cow vigilantism. The Court did not address
the question of the constitutional validity of immunity provisions for cow
vigilantes.
8. Mohd. Akhtar V. State of Jammu &
Kashmir(Kathua Rape Case)
The
trial of rape and murder of an 8-year-old girl in Kathuawas transferred from
district of Jammu and Kashmir to District and Sessions Court, Pathankot in
Punjab by the Supreme Court
9. Manohar Lal Sharma v. Narendra
Damodardas Modi; Vineet Dhanda v. UOI; Sanjay Singh v. UOI; Yashwant Sinha v.
CBI (Rafale Fighter Jet Deal)
The
Supreme Court chose not to order a court monitored investigation of the Rafale
Fighter Jet Deal, where the Central government purchased 36 Dassault Rafale
fighter jets.
10. Joseph Shine v. UOI (Decriminalisation of
Adultery)
On 27th
September 2018, a five-judge Bench unanimously struck down Section 497 of the
Indian Penal Code (IPC), thereby decriminalising adultery. It struck down
Section 497 IPC on the grounds that it violates Articles 14, 15 and 21 of the
Constitution. The Bench held that the section is an archaic and paternalistic
law, which infringes upon a woman's autonomy and dignity. The Bench also read
down Section 198 of the Code of Criminal Procedure Code (CrPC). 198(2) CrPC
specifies that only a husband can file charges for offences under Section 497.
11. Dr. Subhash Kashinath Mahajan V. State of
Maharashtra &Anr. (SC/ST Misuse)
Guidelines
to avert the misuse of provisions of Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act 1989 (SC/ST Act) were issued by the Supreme
Court. A Two Judge Bench comprising Justices AK Goel and UU Lalit was examining
the question whether there can be procedural safeguards so that provisions of
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (SC/ST)
Act 1989 are not mistreated for inessentialdeliberations.
12. Govt. of NCT of Delhi V. Union of India
& Anr. (LG Vs. Kejriwal)
The
Constitution Bench of the SC held that the LG of the Delhi had to act as per the
assistance and guidance of the Council of Ministers of Delhi Government except
in matters of land, police and public order. LG cannot interfere in each and
every matter of the Delhi Government. Although decisions of the Government have
to be communicated to the LG, there is no need to obtain the concurrence of LG
in all matters.
13. Public Interest Foundation & Ors. V.
Union of India & Anr. (Verdict on Ban of Charge-sheeted Politician)
The
Constitution Bench comprising CJI Dipak Misra, and Justices RF Nariman, AM
Khanwilkar, DY Chandrachud, and Indu Malhotra observed that the Supreme Court
did not have the capability to add new grounds of disqualifications, and thus,
could not restrictcharge sheeted candidates from contesting elections. But, the
court insisted the Parliament to enact a law to disqualify charge sheeted
candidates.
14. Common Cause (A regd. Society) v. Union of India & Anr.( Passive Euthanasia Allowed)
The apex court made it legal for a terminally ill patient to decline use of life support system and opt for euthanasia. The court has taken into thought the suffering of a patient and permitted families of such patients in an incurable coma to withdraw such measures. The bench headed by then CJI Dipak Misra said that “smoothening” the process of death for terminally ill patients with no chance of recovery was integral to life with dignity
15. Common Cause (A regd. Society) v. Union of India &Anr. (Section 498A IPC)
Supreme Court of India has altered its guidelines issued in Rajesh Sharma case for preventing illuse of Section 498A of IPC. A three judge bench led by CJI has withdrawn the earlier guideline issued by two judges bench that complaints under Section 498A IPC should be inspected by Family Welfare Committees before additional legal action by police.
Facing sustained pressure from start-ups and venture capital funds over the so-called angel tax, the government has relaxed norms for seeking exemptions from the controversial levy.The regime was too read more
Facing sustained pressure from start-ups and venture capital funds over the so-called angel tax, the government has relaxed norms for seeking exemptions from the controversial levy.
The regime was too harsh, arbitrary and a lot of documentation was required, so not many start-ups would or could apply for exemptions. The manifested intent behind these measures was to curtail black money, bribing and money laundering. However, start-ups were even scared of applying, fearing opening of the proverbial pandora’s box of government questions and investigations. The system, therefore and quite expectedly actually never took off.
A couple of days back, facing flak from all quarters over the arbitrary notices being served in this regard, the government issued a notification. The existing mechanism to approve start-ups applying for tax exemption under the Income-Tax Act, 1961 has been done away with.
However, the government hasn’t given in completely to abolish the tax completely and has offered only partial relief. Under the new regime, start-ups seeking exemption need not approach the inter-ministerial board. This board was set up about 3 years back with members from different Ministries, Reserve Bank of India, SEBI, etc. but didn’t have much work to do.
Henceforth, applicants have to file their applications through the Department of Industrial Policy and Promotion (DIPP) website, which will forward them to Central Board of Direct Taxes (CBDT). CBDT has to directly examine these applications and respond within 45 days of receipt of such applications.
However, only the start-ups which are approved by DIPP are eligible for these exemptions.
The requirement of submitting a valuation report from a merchant banker specifying the fair market value of securities is also being done with. Earlier Angel investors were supposed to share their income documents for last 3 years – this stipulation is also being taken off.
Some norms pertaining eligibility of investors and start-ups have been tweaked a little bit and many continue to be the same. Therefore, the ecosystem is still sceptical about the success of the new norms and the response from the affected quarter is quite mixed.
However, any change with an intent to bring about clarity and certainty in the system and promote entrepreneurship is a welcome step. Only time will tell the success and glitches in the new system.
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India has been the favourite playground or battlefield, howsoever you may like to call it for e-commerce companies over the last few years. Amazon, Walmart and you name it, everyone has been eyeing a read more
India has been the favourite playground or battlefield, howsoever you may like to call it for e-commerce companies over the last few years. Amazon, Walmart and you name it, everyone has been eyeing a big slice of online business. We saw few Indian e-commerce promoters becoming billionaires and part of the folklore.
Now, however, it seems the Indian government has put a spanner in foreign investors’ plans in the sector and the party is over. The underlying idea may be to buy peace with the local brick and mortar traders’ lobby which had been complaining loss of business due to deep and predatory discounts offered by online e-commerce platforms.
Last month, the government issued a Press note clarifying / amending some provisions of the FDI policy in e-commerce segment barring online marketplaces with foreign investments from selling goods of the vendors and brands in which they have stakes and putting restrictions on exclusive partnership with brands or offering favourable services to selected vendors.
This has sent shockwaves in the e-commerce industry. Apparently, Flipkart and Amazon have more than half of their revenue through sales through group companies (a major chunk being electronics and apparels, which is likely to be impacted the most by the new guidelines).
The new norms are to be effective from February 1, 2019 so there is a big rush to clear the stocks lying with group companies. This is why one could see a flurry of discounts and sales in the last two weeks of January 2019.
It may take some time for e-commerce companies to tweak their business model and make alternate strategies. Some sanity may also settle in e-commerce discounts when the biggies struggle with the new guidelines.
This could be a boon to the Indian brick and mortar retailers. Even if a third of online retail sales were to be impacted due to the tighter e-commerce FDI policy, brick and mortar sales are to see an unprecedented upswing in their business. This amount could be anywhere in the range of Rs. 100 billion to 400 billion, depending on how much of the business Indian offline retailers can capture.
Further, it may signal an end to the predatory discounting on part of e-tailers since the compliance ecosystem and expenditure may expand now on and we can expect a more level playing field for Indian offline retailers.
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Numerous domestic / international assignments, 150 plus articles, 1 book, guest lectures / workshops at so many colleges, got involved with IDIA Increasing Diversity by Increasing Access (IDIA), lawyered, read more
Numerous domestic / international assignments, 150 plus articles, 1 book, guest lectures / workshops at so many colleges, got involved with IDIA Increasing Diversity by Increasing Access (IDIA), lawyered, Project Abhimanyu and Golden Antlers, 1000s of new connections, launched Global Business Lawyers' League, more than 30 interns and researchers worked / working with us.
There are 100s of people who made this year exceptional - clients, colleagues, students, faculty and our global network members. Looking forward to an exciting 2019.

Allahabad, India

Kolkata, India

Allahabad, India

Moradabad, India

Mohali, India

Navi Mumbai, India

Glendale, United States

Muzaffarpur, India
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In adherence to the rules and regulations of Bar Council of India, this website has been designed only for the purposes of circulation of information and not for the purpose of advertising.
Your use of SoOLEGAL service is completely at your own risk. Readers and Subscribers should seek proper advice from an expert before acting on the information mentioned herein. The content on this website is general information and none of the information contained on the website is in the nature of a legal opinion or otherwise amounts to any legal advice. User is requested to use his or her judgment and exchange of any such information shall be solely at the user’s risk.
SoOLEGAL does not take responsibility for actions of any member registered on the site and is not accountable for any decision taken by the reader on the basis of information/commitment provided by the registered member(s).By clicking on ‘ENTER’, the visitor acknowledges that the information provided in the website (a) does not amount to advertising or solicitation and (b) is meant only for his/her understanding about our activities and who we are.

Resource centre is one stop destination for users who are seeking for latest updates and information related to the law. takes the privilege to bring every single legal resource to your knowledge in a hassle free way. Legal Content in resource centre to help you understand your case, legal requirements. More than 3000 Documents are available for Reading and Download which are listed in below categories:
SoOLEGAL Transaction Services Agreement :
By registering yourself with SoOLEGAL, it is understood and agreed by you that the Terms and Conditions under the Transaction Services Terms shall be binding on you at all times during the period of registration and notwithstanding cessation of your registration with SoOLEGAL certain Terms and Conditions shall survive.
"Your Transaction" means any Transaction of Documents/ Advices(s), advice and/ or solution in the form of any written communication to your Client made by you arising out of any advice/ solution sought from you through the SoOLEGAL Site.
Transacting on SoOLEGAL Service Terms:
The SoOLEGAL Payment System Service ("Transacting on SoOLEGAL") is a Service that allows you to list Documents/ Advices which comprise of advice/ solution in the form of written communication to your Client who seeks your advice/ solution via SoOLEGAL Site and such Documents/ Advices being for Transaction directly via the SoOLEGAL Site. SoOLEGAL Payment Service is operated by Sun Integrated Technologies and Applications . TheSoOLEGAL Payment System Service Terms are part of the Terms & Conditions of SoOLEGAL Services Transaction Terms and Conditionsbut unless specifically provided otherwise, concern and apply only to your participation in Transacting on SoOLEGAL. BY REGISTERING FOR OR USING SoOLEGAL PAYMENT SYSTEM , YOU (ON BEHALF OF YOURSELF OR THE FIRM YOU REPRESENT) AGREE TO BE BOUND BY THE TRANSACTIONS TRANSACTION TERMS AND CONDITIONS.
Unless otherwise defined in this Documents/ Advice or Terms & Conditions which being the guiding Documents/ Advice to this Documents/ Advice, all capitalized terms have the meanings given them in the Transactions Transaction Terms and Conditions.
S-1. Your Documents/ Advice Listings and Orders
S-1.1 Documents/ Advices Information. You will, in accordance with applicable Program Policies, provide in the format we require. Documents/ Advices intended to be sold should be accurate and complete and thereafter posted through the SoOLEGAL Site and promptly update such information as necessary to ensure it at all times that such Documents/ Advices remain accurate and complete. You will also ensure that Your Materials, Your Documents/ Advices (including comments) and your offer and subsequent Transaction of any ancillary Documents/ Advice pertaining to the previous Documents/ Advices on the SoOLEGAL Site comply with all applicable Laws (including all marking and labeling requirements) and do not contain any sexually explicit, defamatory or obscene materials or any unlawful materials. You may not provide any information for, or otherwise seek to list for Transaction on the SoOLEGAL Site, any Excluded Documents/ Advices; or provide any URL Marks for use, or request that any URL Marks be used, on the SoOLEGAL Site. In any event of unlawful Documents/ Advices made available for Transaction by you on SoOLEGAL site, it is understood that liabilities limited or unlimited shall be yours exclusively to which SoOLEGAL officers, administrators, Affiliates among other authorized personnel shall not be held responsible and you shall be liable to appropriate action under applicable laws.
S-1.2 Documents/ Advices Listing; Merchandising; Order Processing. We will list Your Documents/ Advices for Transaction on the SoOLEGAL Site in the applicable Documents/ Advices categories which are supported for third party REGISTERED USERs generally on the SoOLEGAL Site on the applicable Transacting Associated Properties or any other functions, features, advertising, or programs on or in connection with the SoOLEGAL Site). SoOLEGAL reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the SoOLEGAL Site. We may use mechanisms that rate, or allow users to rate, Your Documents/ Advices and/or your performance as a REGISTERED USER on the SoOLEGAL Site and SoOLEGAL may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions. Transactions Proceeds will be paid to you only in accordance with Section S-6.
S-1.3 a. It is mandatory to secure an advance amount from Client where SoOLEGAL Registered Consultant will raise an invoice asking for a 25% advance payment for the work that is committed to be performed for the Client of such SoOLEGAL Registered Consultant. The amount will be refunded to the client if the work is not done and uploaded to SoOLEGAL Repository within the stipulated timeline stated by SoOLEGAL Registered Consultant.
b. SoOLEGAL Consultant will be informed immediately on receipt of advance payment from Client which will be held by SoOLegal and will not be released to either Party and an email requesting the Registered Consultant will be sent to initiate the assignment.
c. The Registered Consultant will be asked on the timeline for completion of the assignment which will be intimated to Client.
d. Once the work is completed by the consultant the document/ advice note will be in SoOLEGAL repository and once Client makes rest of the payment, the full amount will be remitted to the consultant in the next payment cycle and the document access will be given to the client.
e. In the event where the Client fails to make payment of the balance amount within 30 days from the date of upload , the Registered Consultant shall receive the advance amount paid by the Client without any interest in the next time cycle after the lapse of 30 days.
S-1.4 Credit Card Fraud.
We will not bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorised use of a third party's credit card information) occurring in connection with Your Transactions. We may in our sole discretion withhold for investigation, refuse to process, restrict download for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Documents/ Advices if we ask you to do so. You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.
S-2. Transaction and Fulfilment, Refunds and Returns
S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
1. Fulfilment by Registered User/ Consultant - In the event of Client seeking consultation, Registered User/ Consultant has to ensure the quality of the product and as per the requirement of the Client and if its not as per client, it will not be SoOLEGAL’s responsibility and it will be assumed that the Registered User/ Consultant and the Client have had correspondence before assigning the work to the Registered User/ Consultant.
2. Fulfilment by SoOLEGAL - If the Registered User/ Consultant has uploaded the Documents/ Advice in SoOLEGAL Site, SoOLEGAL Authorised personnel does not access such Documents/ Advice and privacy of the Client’s Documents/ Advice and information is confidential and will be encrypted and upon payment by Client, the Documents/ Advice is emailed by SoOLEGAL to them. Client’s information including email id will be furnished to SoOLEGAL by Registered User/ Consultant.
If Documents/ Advice is not sent to Client, SoOLEGAL will refund any amount paid to such Client’s account without interest within 60 days.
3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
4. SoOLEGAL will remit the fees (without any interest) to its Registered User/ Consultant every 15 (fifteen) days. If there is any discrepancy in such payment, it should be reported to Accounts Head of SoOLEGAL (accounts@soolegal.com) with all relevant account statement within fifteen days from receipt of that last cycle payment. Any discrepancy will be addressed in the next fifteen days cycle. If any discrepancy is not reported within 15 days of receipt of payment, such payment shall be deemed accepted and SoOLEGAL shall not entertain any such reports thereafter.
5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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