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IntroductionIn a democratic society, the right to privacy and protection from unwarranted searches is a fundamental aspect of an individual's liberty. However, there are instances when law enforcement read more
Introduction
In a democratic society, the right to privacy and protection from unwarranted searches is a fundamental aspect of an individual's liberty. However, there are instances when law enforcement agencies may need to search a person's home without a warrant. In India, the legal framework governing these circumstances is defined by the Code of Criminal Procedure (CrPC) and various judgments by the Supreme Court.
What is a Search
Warrant?
A search warrant is a legal authorization issued by a magistrate or judge, allowing law enforcement officers to search a specific location, such as a residence or business premises, in order to gather evidence related to a crime. It is granted based on a written application or affidavit submitted by the police, demonstrating sufficient grounds for the search and establishing the need for the warrant. The search warrant ensures that searches are conducted within the framework of the law, respecting individuals' right to privacy and protecting against arbitrary intrusion. This article aims to explore the instances when the police can search a home without a warrant in India while citing relevant laws.
Necessity for
Investigation: Under Section 165 of the Code of
Criminal Procedure, 1973 (referred as “CrPC), a police officer can search premises
without a warrant if the same is required for the purposed of investigation
that the police officer is empowered to make into an offence and the said
action cannot be delayed. The Hon’ble Supreme Court has also observed in Karnail
Singh v. State of Haryana, (2009) 8 SCC 539 that, “The Code of Criminal Procedure in various provisions, particularly
Sections 96 to 103 and Section 165 recognizes the necessity and usefulness of
search and seizure during the investigation.”
Also,
it is advised that in case a police officer is searching your premises, the
same, if possible must be video-recorded so that no police officer can plant
any evidence against you. Also you must ask the police officer for your lawyer
to be present or your close relatives or family members.
Suspect Pursuit:
In situations where a suspect flees from a crime scene and enters a private
residence, the police can enter and search the premises without a warrant. The
rationale behind this exception is to prevent the suspect from escaping justice
or causing harm to others. The Supreme Court has upheld this principle in
several landmark judgments. The said power is also stated in Section 47 of CrPC.
Section
47 of the CrPC permits the police to
lawfully enter a person's residence if they have reasonable belief that an
offender they are pursuing has entered or is present in that place. However,
there is a proviso to this section which states that if the place to be
searched is occupied by a woman who, according to custom, does not appear in
public, the police must serve her a notice to leave and provide her with every
reasonable opportunity to do so before forcibly entering the premises.
Also
Section 80 of the Information
Technology Act, 2000 gives the power to Police to enter the premises
without a warrant. It states, “any police
officer, not below the rank of a Inspector, or any other officer of the Central
Government or a State Government authorised by the Central Government in this
behalf may enter any public place and search and arrest without warrant any
person found therein who is reasonably suspected of having committed or of
committing or of being about to commit any offence under this Act.”
Recovery of Stolen
Property: If there is credible information or
reasonable grounds to believe that stolen property is concealed within a
particular premise, the police can search that place without a warrant.
However, the law requires that the police officer has adequate reasons to
believe that the stolen property is present within the premises.
Emergencies and Public
Safety: In exceptional circumstances where
there is an immediate threat to public safety or the need to prevent a serious
crime, the police may enter and search a dwelling without a warrant. This
provision aims to safeguard the welfare and security of the general public.
Can any police officer
other than a police officer conduct a search at your home without a warrant?
As per Section-165 of CrPC, if a police officer is not able to conduct a search in person and no other competent person is available to conduct the same. He can order his subordinate person, after recording reasons in writing, to conduct the search.
Conclusion: The right to privacy is a fundamental right guaranteed to every individual in India. However, certain situations allow the police to search a home without a warrant, as outlined in the Code of Criminal Procedure and various judicial precedents. These exceptions are limited in scope and subject to stringent safeguards to prevent abuse of power. It is crucial for law enforcement agencies to adhere to the legal requirements and respect the privacy of individuals while exercising their authority to search homes without a warrant. Citizens must be aware of their rights and exercise due diligence to ensure that their constitutional protections are upheld.
We have tried to cover this issue as exhaustively as
we could. However, in case you have any query, please connect with us at +91 9810929455 or mail us at info@soolegal.com.
Introduction: In today's highly competitive business landscape, companies are increasingly investing resources in training and developing their employees to enhance the quality of their products read more
Introduction:
In today's highly competitive business
landscape, companies are increasingly investing resources in training and
developing their employees to enhance the quality of their products and
services. However, the rising attrition rate poses a significant challenge as
employees often leave after gaining valuable skills and knowledge. To address
this issue, companies are resorting to the use of employee bonds, which are
contractual agreements between employers and employees outlining the terms and
conditions of employment. This article provides a comprehensive examination of
the legality and implications of employee bonds in India.
Prerequisites for a
Valid Employee Bond:
For
an employee bond to be considered legally valid in India, certain prerequisites
must be met. Firstly, both parties must sign the agreement voluntarily and with
their informed consent. Secondly, the terms and conditions stipulated in the
bond must be reasonable and fair. Finally, the conditions imposed on the
employee should be proven necessary to protect the employer's legitimate
interests.
Employee Bond Legality:
The
legality of employee bonds hinges on their adherence to Indian contract law.
The Indian Contract Act, 1872 stipulates that for a contract to be enforceable
by law, it must be entered into voluntarily without coercion, undue influence,
deception, or mistake. Therefore, an employee bond that meets these
requirements can be considered lawful and legally enforceable.
However,
certain legal provisions restrict the validity of employee bonds in India, such
as Section 27 of the Indian Contract Act prohibits agreements that interfere
with fair trade or lawful professions. Accordingly, any bond that restricts an
individual from engaging in fair trade or a lawful profession, directly or indirectly,
is deemed null and void. Moreover, Article 19(1)(g) of the Indian Constitution
grants individuals the freedom to practice a lawful profession, trade, or
business. To be considered lawful in India, an employee bond must not
contravene these provisions, ensuring the preservation of free trade and fair
practices in legally permitted professions.
Remedies Available for
Employees and Employers:
In the event of a breach of an employee bond,
the employer may be entitled to compensation. However, the compensation awarded
should be reasonable and commensurate with the actual loss suffered by the
employer. The court determines the fair amount of compensation, taking into
account the specific circumstances of the case. It is important to note that
even if the bond includes a penalty amount for violations, the employer is not
automatically entitled to the full amount, as the court assesses the
appropriate compensation.
Course of Action
Following a Breach:
When
an employee breaches an employee bond, companies typically initiate a legal
process. This involves sending a legal notice demanding compliance or payment
as stipulated in the bond. If the employee fails to comply, the company can
file a lawsuit in a court of proper jurisdiction to recover the due amount, based
on the terms and conditions of employment.
Conclusion:
Employee
bonds can be a valuable tool for companies in retaining trained and skilled
employees. However, their legality in India depends on various factors,
including voluntary consent, reasonableness of terms and conditions, and
compliance with legal provisions. It is essential for both employers and
employees to seek legal counsel before entering into such agreements to ensure
their rights and obligations are effectively safeguarded. By adhering to the
legal requirements and considering the implications, employers can strike a
balance between protecting their interests and respecting the rights of their
employees in the context of employee bonds.
We
have tried to address the possible queries related to legality of Employee Bond
in India, still if there are any further questions, please contact us at +9810929455
or via email at info@soolegal.com.
Introduction: Case Disposal refers to the completion of court proceedings, wherein the reliefs sought are either partially or completely granted or rejected. Once a case is disposed of, no further hearings read more
Introduction:
Case
Disposal refers to the completion of court proceedings, wherein the reliefs
sought are either partially or completely granted or rejected. Once a case is
disposed of, no further hearings are required, and it is considered concluded.
Termed as "Mamla Niptaya"
in Hindi, a disposed case can involve dismissal, guilty plea, or a verdict of
guilty or not guilty by the judge.
The
landmark case of Hussainara Khatoon (V) v. Home Secy., State of Bihar, (1980) 1 SCC 108
established the foundation for a speedy trial. It ruled that prolonged
detention of prisoners, beyond the prescribed duration, is unjustified and
violates the rights under Article 21 of the Constitution of India.
Additionally, the court held that the Right to Life encompasses the Right to
Speedy Trial.
Reopening of Disposed
Cases:
Disposed
cases can be reopened under various circumstances:
·
Dissatisfaction with
the final judgment by either party.
·
Granting of relief due
to an error or mistake.
·
Discovery of new
evidence relevant to the case that could potentially alter the judgment.
Time Limit for Case
Disposal:
There
is no specific time limit prescribed for case disposal. However, higher courts
have the authority to direct lower courts to expedite the disposal of cases.
The government is actively working towards establishing fast track courts to
facilitate speedy trials, particularly in cases involving rape, check bounce,
and village court matters, to ensure swift justice.
Reasons for Delay in
Case Disposal:
The
increase in litigation cases in recent years has contributed to delays in case
disposal. One of the primary reasons for this delay is the tendency of
individuals to resort to legal proceedings for issues that could be resolved
through alternative means, such as mediation. Promoting awareness about
mediation can significantly reduce the burden on the courts. Additionally,
increasing the number of judges in India is crucial to meet the growing demand
and expedite case disposal.
Status of Pending
Cases:
A
pending case refers to a lawsuit that has been initiated but not yet concluded.
It remains pending until a judgment is delivered by the court.
In
the case of Union Carbide Corpn. v. Union of India, (1989) 1 SCC 674,
numerous individuals who suffered injuries have not yet received compensation
for the harm they endured, despite the passing of several years.
Differentiating “Case Disposal” and “Case Dismissed”:
The
term "disposal" encompasses
a broader context than "dismissed."
When a case is dismissed, it means the court has not made any decision on the
matter and has terminated the proceedings prematurely. On the other hand, case
disposal signifies that the court has made a final decision on the issues
presented. Dismissal may occur when:
·
A wrong complaint has
been filed.
·
Dissatisfaction with
the arrest.
·
Unavailability of
witnesses.
·
Insufficient evidence.
Nature of Disposition:
Case
disposal occurs when all relevant issues have been examined, and the judge has
rendered a final decision, irrespective of whether it is a criminal or civil
case. Different types of disposition include:
Contested-Otherwise:
When the disposition is opposed due to issues unrelated to the facts and
findings of the case.
Contested-Judgment:
In this situation, the judgment is based on the merits of the facts presented,
as the pleadings are disputed.
Contested-Dismissed:
When parties fail to substantiate their claims with strong evidence, leading to
the dismissal and disposal of the case, particularly when one party is absent
from the proceedings.
Contested-Compromise:
When no decision regarding the issues is reached, and the case is resolved
through a mutual agreement.
Uncontested-Otherwise:
When the case is disposed solely based on the presented facts and details,
without any opposition, and the court delivers a judgment.
Conclusion:
When a case status reflects that it is "disposed," it signifies that the legal proceedings have concluded, and a final decision or judgment has been reached. Understanding the implications of a disposed case is crucial for the parties involved, as it determines the binding effect of the court's decision, the possibility of appeal, and the need for further actions such as enforcement. By comprehending the significance of a disposed case, individuals can navigate the legal system more effectively and make informed decisions regarding their legal rights and obligations.
We have tried to address the
significance of “Disposed” cases;
however, if you have any further questions, please contact us at +91 9810929455 or via email at info@soolegal.com.
The Hon’ble Supreme Court and High Courts in India play a crucial role in upholding the principles of justice, interpreting the law, and safeguarding the rights and liberties of the citizens. The Supreme read more
The
Hon’ble Supreme Court and High Courts in India play a crucial role in upholding
the principles of justice, interpreting the law, and safeguarding the rights
and liberties of the citizens. The Supreme Court and High Courts in India form
the pillars of the country's judicial system, upholding justice, safeguarding
rights, and interpreting the law. The Supreme Court, as the apex court, holds
the highest authority and acts as the final appellate court. It ensures
uniformity in the interpretation and application of laws throughout the nation,
making binding judgments on all other courts. The Supreme Court also exercises
original jurisdiction in cases of national importance and constitutional
disputes.
On
the other hand, the High Courts, spread across different states and union
territories, serve as important judicial bodies at the regional level. They
have the power of both original and appellate jurisdiction, hearing cases
within their respective jurisdictions. They also exercise the power of judicial
review, ensuring that laws and government actions are in conformity with the
provisions of the Indian Constitution.
India
has 25 High Courts, each having jurisdiction over specific states or union
territories. Both the courts have the authority to protect and enforce
fundamental rights guaranteed by the Constitution. Under Article 32 and 226,
the Hon’ble Supreme Court and High Courts respectively can issue writs, such as
Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari, to
safeguard constitutional rights.
1.
How
are Judges appointed in Supreme Court and High Courts?
Supreme
Court: The President of India, exercising its powers under Article 124 (2)
appoints the judges of the Supreme Court by a warrant under his head. The said
appointment is done after consultation with such of the Judges of the Supreme
Court and of the High Courts in the States as the President may deem necessary
for the purpose.
High
Courts: As per Article 217(1), every judge of a High Court shall be appointed
by the President by warrant under his hand and seal after consultation with the
Chief Justice of India, the Governor of the State, and, in the case of
appointment of a Judge other than the Chief Justice, the Chief Justice of the
High Court.
2. What is the eligibility
to be appointed as a judge in Supreme Court and High Courts?
Supreme
Court |
High
Courts |
Article 124(3) lays
down the eligibility criteria for eligibility to be appointed as a Supreme
Court judge: a. A
Citizen of India b. He/She
has been for at least five years a Judge of a High Court or of two or more
such Courts in succession c. He/She
has been for at least ten years an advocate of a High Court or of two or more
such Courts in succession d. He/She
is, in the opinion of the President, a distinguished jurist |
Article 217(2) lays
down the eligibility criteria for eligibility to be appointed as a High Court
judge: a. A
Citizen of India b. He/She
has for at least ten years held a judicial office in the territory of India c. He/She
has for at least ten years been an advocate of a High Court or of two or more
such Courts in succession
|
3. What is the retirement
age of Supreme Court and High Courts Judges?
Supreme
Court |
High
Courts |
As per Article
124(2), the retirement age of a Supreme Court judge is 65 years |
As per Article
217(1), the retirement age of a High Court judge is 62 years |
4. What is the Sanctioned
Strength of Judges in the Supreme Court of India and the High Courts?
Supreme
Court |
High
Courts |
As per Section-2 of The
Supreme Court (Number of Judges) Act, 1956, the maximum number of
Judges of the Supreme Court, excluding the Chief Justice of India, shall be
33 (thirty-three). This section was amended recently in 2019. |
The Constitution of
India does not specify the strength of judges in a High Court; rather it
leaves to the discretion of the President. Recently, through a PIB circular
by Ministry of Justice dated 24.03.2023, it was stated that against a total
sanctioned strength of 1114 judges, only 785 vacancies are fulfilled. |
5. What is the Collegium
system?
The
collegium is a system of appointment and transfer of judges which has been
developed through various judgments. The Supreme Court collegium is headed by
the Chief Justice of India (CJI) and also comprises of 4 senior most judges of
the Supreme Court. The High Court collegium is headed by the incumbent Chief
Justice of the High Court and also consists of 2 senior-most judges of the
concerned High Court.
The collegiums system has been developed by various pronouncements starting from 1st Judges Case i.e. S.P. Gupta v. Union of India, 1981 Supp SCC 87 to 4th Judges case i.e. Supreme Court Advocates-on-Record Assn. v. Union of India, (2016) 5 SCC 1.
For
more information on this aspect, please contact us on +91 9810929455 or mail us
at info@soolegal.com
We have tried to cover as many questions
as possible. However, in case we have missed any, please reach out to us at +91 9810929455 or mail us at info@soolegal.com.
Introduction: A hit and run case is a grave offense that involves a person fleeing the scene after being involved in a motor vehicle accident, without stopping to provide assistance or exchanging information read more
Introduction:
A hit and run case is a grave offense that involves a person fleeing the scene
after being involved in a motor vehicle accident, without stopping to provide assistance
or exchanging information with the affected party/victim of the incident. In
India, such incidents are taken seriously, and the legal system has provisions
to ensure that justice is served. In
recent times, the occurrence of hit-and-run accidents is on the rise in India.
To put it simply, a hit-and-run accident refers to a situation where a driver
collides with another vehicle and then quickly leaves the scene without taking
any responsibility. According to both criminal and civil standards, it is the
driver's obligation to report any road mishap involving their vehicle.
Recently,
in January 2023, a horrifying incident occurred in West Delhi that shook the
nation. A young woman, aged 20, lost her life when her leg got trapped in the
front axle of a car. The car, carrying five young males in their twenties, had
collided with her two-wheeler on January 1. In a brutal turn of events, her
body was mercilessly dragged for nearly 13 kilometers under the vehicle.
Where in our law is
this incident defined?
Hit
and Run is defined under Section 161 (1) (b) of the Motor
Vehicles Act, 1988 as, ““hit and run motor
accident” means an accident arising out of the use of a motor vehicle or motor
vehicles the identity whereof cannot be ascertained in spite of reasonable
efforts for the purpose”
What are the Laws
Governing Hit and Run Cases in India?
The
punishment for hit and run cases in India is primarily governed by the Indian
Penal Code, 1860 (IPC) and the Motor Vehicles Act. These statutes aim
to deter such acts and protect the rights of victims.
Under
the IPC, several sections come into play depending on the nature and
consequences of the accident:
Section 279
(Rash driving or riding on a public way): This section deals with cases where
the accused drives recklessly, endangering others' lives. It prescribes
imprisonment for up to six months, a fine, or both.
Section 337
(Causing hurt by act endangering life or personal safety of others): When the
hit and run results in injuries to a person, this section applies. The
punishment can be imprisonment for up to six months, a fine, or both.
Section 338
(Causing grievous hurt by act endangering life or personal safety of others):
If the accident causes grievous hurt to a person, this section comes into play.
The offender may face imprisonment for up to two years, a fine, or both.
Section 304A
(Causing death by negligence): In cases where a hit and run accident leads to
the death of a person, this section applies. The punishment can range from
imprisonment for up to two years, a fine, or both.
Besides
the IPC, the Motor Vehicles Act, 1988 contains provisions related to hit and
run offenses:
Section 134:
This section casts a duty on the driver of the motor vehicle, in case there is
any accident, to help the victim in reaching the nearest hospital or take any
reasonable effort to provide medical attention unless not practicable to do so
by reasons mentioned therein.
What to do if you are
involved in a Hit and Run incident?
After
experiencing an accident, it is crucial for the victim to handle the situation
with a calm demeanor, despite the inherent stress. It is highly recommended to
gather relevant information, particularly about the driver at fault, as this
increases the likelihood of identifying and holding them accountable. Moreover,
if there are any witnesses present, it is important to obtain their names and
contact details. In addition to this, it is advisable to take note of the
following details:
Time
and location: Make a written record of the exact time and location where the
accident occurred. This information serves as essential documentation for
future reference.
Scene
of the accident: Capture photographs of the accident scene, including the positioning
of the vehicles involved, any visible damages, and relevant road conditions.
These visual records can provide valuable evidence later on.
Your
vehicle: Take pictures of your vehicle from various angles, highlighting any
damages caused by the accident. These images can substantiate your claim and
support your case, helping to demonstrate that your insurance claim is
legitimate.
By
adhering to these guidelines, you not only enhance your chances of receiving a
fair settlement from your insurance company, but you also establish credibility
by providing concrete evidence of the accident's occurrence.
For
the driver: It is always advisable not to leave the scene of the accident in
order to secure the necessary medical attention to the injured.
What are the
circumstances which a motor vehicle hit and run can happen?
1. Accident:
A driver may accident hit someone by his/her motor vehicle.
2. Driving
under influence: A driver, under the influence of alcohol or any other legal or
illegal contraband which is not allowed when you drive, may hit someone by
his/her motor vehicle.
3. Driving
in a reckless manner: An accident happens of a motor vehicle due to reason that
the driver was driving in a reckless manner.
How compensation is
awarded to a victim in a hit and run incident?
The
Motor Vehicle Act talks about various kinds of compensation i.e:
Section
140: Liability to pay compensation in certain cases on the principle of no
fault.
Section
141: Provisions as to other right to claim compensation for death or permanent
disablement
Section
161: Special provisions as to compensation in case of hit and run motor
accident.
Section
163A: Special provisions as to payment of compensation on structured formula
basis.
The
Hon’ble Apex court has differentiated between Section 140 and 163A and has held
to that regards in Deepal Girishbhai Soni v. United India Insurance Co. Ltd., (2004) 5 SCC
385 that “By reason of Section 163-A, therefore, the compensation
is required to be determined on the basis of a structured formula whereas in
terms of Section 140 only a fixed amount is to be given. A provision of law
providing for compensation is presumed to be final in nature unless a
contra-indication therefore is found to be in the statute either expressly or
by necessary implication. While granting compensation, the Tribunal is required
to adjudicate upon the disputed question as regards age and income of the
deceased or the victim, as the case may be. Unlike Section 140 of the Act,
adjudication on several issues arising between the parties is necessary in a
proceeding under Section 163-A of the Act.”
For more information on this please contact us on
+91 9810929455 or on email via info@soolegal.com
What are the penalties
under the law for hit and run offenders?
A
hit-and-run incident can have severe consequences, including the cancellation
of the driver's license, substantial penalties, and even imprisonment. The
Indian Penal Code (IPC) provides relief to victims of hit-and-run accidents
under Sections 279, 304A, and 338.
Section
279 of the IPC states that anyone operating a vehicle recklessly on a public
road may be deemed in violation. If a motorist negligently drives or causes
harm to someone on the road, they may face imprisonment for up to six months, a
fine of Rs. 1,000, or both.
When
a driver, who is not intoxicated, causes the death of another person in an
accident, the offense falls under Section 304A of the IPC. The driver can be
sentenced to one year of imprisonment, which may be extended to two years,
along with a fine exceeding Rs. 1,000 or both.
In
summary, hit-and-run cases are subject to legal consequences, including
potential imprisonment and fines, as specified by Sections 279 and 304A of the
IPC. These provisions aim to uphold public safety and ensure accountability for
negligent driving and accidents resulting in injury or death.
We have tried to cover as many queries a
possible. However in case we have missed any, please reach out to us at +91
9810929455 or on email
via info@soolegal.com
ARE YOU A VICTIM OF INVESTMENT OR NFT SCAM? SCHEDULE A MEETING WITH AN ETHICAL HACKER ASAP FOR COMPLETE RECOVERY.ASOREHACKCORP is a financial regulator, private investigation and funds recovery body. read more
ARE YOU A VICTIM OF INVESTMENT OR NFT SCAM? SCHEDULE A MEETING WITH AN ETHICAL HACKER ASAP FOR COMPLETE RECOVERY.
ASOREHACKCORP is a financial regulator, private investigation and funds recovery body. We specialize in cases as regards ETHICAL HACKING, CRYPTOCURRENCY, FAKE INVESTMENT SCHEMES and RECOVERY SCAM. We are also experts in CREDIT REPAIR, we analyze what’s impacting your score.
All software tools needed to execute RECOVERIES from start to finish are available in stock.
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asorehackcorp@ gmail com
Stay Safe out there !
ARE YOU A VICTIM OF INVESTMENT OR NFT SCAM? SCHEDULE A MEETING WITH AN ETHICAL HACKER ASAP FOR COMPLETE RECOVERY.
ASOREHACKCORP is a financial regulator, private investigation and funds recovery body. We specialize in cases as regards ETHICAL HACKING, CRYPTOCURRENCY, FAKE INVESTMENT SCHEMES and RECOVERY SCAM. We are also experts in CREDIT REPAIR, we analyze what’s impacting your score.
All software tools needed to execute RECOVERIES from start to finish are available in stock.
Kindly NOTE that the available tools does NOT apply to CREDIT FIX.
Be ALERT to FALSE reviews and testimonies on the internet, the authors and perpetrators unite to form a syndicate.
Contact our team as soon as you can via the email address below to book a mail meeting with an ethical hacker.
asorehackcorp@ gmail com
Stay Safe out there !
ARE YOU A VICTIM OF INVESTMENT OR NFT SCAM? SCHEDULE A MEETING WITH AN ETHICAL HACKER ASAP FOR COMPLETE RECOVERY.
ASOREHACKCORP is a financial regulator, private investigation and funds recovery body. We specialize in cases as regards ETHICAL HACKING, CRYPTOCURRENCY, FAKE INVESTMENT SCHEMES and RECOVERY SCAM. We are also experts in CREDIT REPAIR, we analyze what’s impacting your score.
All software tools needed to execute RECOVERIES from start to finish are available in stock.
Kindly NOTE that the available tools does NOT apply to CREDIT FIX.
Be ALERT to FALSE reviews and testimonies on the internet, the authors and perpetrators unite to form a syndicate.
Contact our team as soon as you can via the email address below to book a mail meeting with an ethical hacker.
asorehackcorp@ gmail com
Stay Safe out there !
ARE YOU A VICTIM OF INVESTMENT OR NFT SCAM? SCHEDULE A MEETING WITH AN ETHICAL HACKER ASAP FOR COMPLETE RECOVERY.
ASOREHACKCORP is a financial regulator, private investigation and funds recovery body. We specialize in cases as regards ETHICAL HACKING, CRYPTOCURRENCY, FAKE INVESTMENT SCHEMES and RECOVERY SCAM. We are also experts in CREDIT REPAIR, we analyze what’s impacting your score.
All software tools needed to execute RECOVERIES from start to finish are available in stock.
Kindly NOTE that the available tools does NOT apply to CREDIT FIX.
Be ALERT to FALSE reviews and testimonies on the internet, the authors and perpetrators unite to form a syndicate.
Contact our team as soon as you can via the email address below to book a mail meeting with an ethical hacker.
asorehackcorp@ gmail com
Stay Safe out there !
The level of competitiveness in the business sector has risen dramatically. The business houses are spending resources on educating their personnel in order to improve the quality of the company's goods read more
The level of competitiveness in the business sector
has risen dramatically. The business houses are spending resources on educating
their personnel in order to improve the quality of the company's goods and services.
However, we have seen a lot of situations where people leave their employers
after sharpening their talents and expanding their understanding of the
business. Due of the rising attrition rate, companies are now required to get
an employment bond from employees who are deemed fit for training and skill
development. Employment bonds are contracts between an employee and an employer
that outline the terms and conditions of employment.
The employment bond has a condition that demands the
employee to serve the employer for a defined period of time or else refund the
bond value.
PREREQUISITES FOR A VALID EMPLOYMENT BOND
The parties must sign the agreement with their
voluntary consent.
The terms and conditions must be reasonable.
The conditions put on the employee must be proven to
be required to protect the employer's interests.
EMPLOYMENT BOND LEGALITY
The most pressing question that arises is whether such
a practice for retaining an employee is legal, acceptable, and enforceable:
Ø Bonds are only eligible if the corporation has spent
resources on the personal grooming & development of the personnel, not only
training that helps employees perform well. Furthermore, to demonstrate that
the bond is legitimate, it should not be one-sided or only benefit the employer.
The court always examines the bond's reasonableness in order for it to be
approved legally.
Ø An employment bond is not accepted as valid under
unreasonable conditions. If the employment bond is one-sided, unjust, or
irrational, it will not be enforceable.
As a result, it is critical to exercise caution when
creating the employment bond since the requirements listed in the employment
bond, including the obligatory employment time and penalty amount, must be
reasonable in order for it to be legitimate under Indian law.
THE LEGALITY OF AN EMPLOYMENT BOND IN INDIA
The Indian Contract Act, 1872 requires that a contract
be enforceable by law in order for it to qualify as a legitimate contract,
which is the first consideration to make when attempting to determine whether
the bond is valid. If the parties agree voluntarily, i.e., without coercion,
undue influence, deception, or mistake—an employment agreement with a negative
covenant is lawful and legally enforceable. Since an employment bond must be a
legitimate contract, both the employer's offer and the employee's acceptance of
that offer are required.
Ø Section 27 of the Indian Contract Act allows for a
challenge to the validity of employment bonds. This section of the Indian
Contract Act prohibits any arrangement that interferes with fair trade or the
legal profession. According to this section, any agreement that limits someone
from engaging in a fair trade or lawful profession, whether directly or
indirectly, is null and void.
Ø Article 19(1)(g)[3] of the Indian Constitution also
grants the freedom to practise a lawful profession, trade, or business. To be
lawful in India, an employment bond must not contradict the aforementioned
provisions. There should be free trade and fair practices in legally permitted
professions.
REMEDIES AVAILABLE FOR EMPLOYEE & EMPLOYER
If an
employment bond is broken, the employer may be entitled to compensation. The
compensation given should be reasonable in order to compensate for the loss and
not go beyond the penalty, if any, provided in the agreement between the
parties. The court determines the reasonable compensation amount by calculating
the real loss suffered by the employer while taking into account all of the
particulars and circumstances of the case. Even if the bond requires the
payment of a penalty amount in the case of a violation, this does not imply
that the employer is entitled to the full amount; the courts must establish the
fair amount of compensation to be paid.
WHETHER BUSINESSES HAVE THE RIGHT TO SEEK
REINSTATEMENT OF THEIR EMPLOYEES OR OBTAIN A RESTRAINING ORDER PROHIBITING THEM
FROM WORKING FOR A COMPETITOR OR ANOTHER FIRM?
The Supreme
Court ruled that particular performance action could not be sought for breach
of contract of personal service or bond, and so employers would not be entitled
to reinstatement of their employees as relief in the event of bond breach.
Courts are reluctant to issue injunctions against employees restricting their
employment with another employer unless it is required to protect the company's
property interests or trade secrets.
COMPANY'S COURSE OF ACTION FOLLOWING A BREACH OF EMPLOYMENT
BOND
The first action that corporations take following a
breach of an employment bond is to send a legal notice requiring the employee
to report for duty promptly, failing which the notice should require the
employee to pay the sum stipulated in bond. After the employee fails to pay the
amount, a suit is launched in a court of proper jurisdiction for recovery of
the due amount, based on the terms and conditions of employment.
In Toshnial Brothers (Pvt) Ltd v E Eswarprasad
& Ors, the Madras High Court decided that the existence of a legal
injury arising as a result of breach is a prerequisite for claiming liquidated
damages under section 74 of the Indian Contract Act, 1872. In a nutshell, the
employer must demonstrate a legal injury as a result of a breach of the
obligation to service for a minimum duration.
In Superintendence of Company v. Krishan Mugai,
the court stated that if an agreement restricts a party's ability to carry on a
trade in the future, such an agreement is prima facie void. A contract of this
type is initially void, but becomes binding and valid if it can be demonstrated
that it is necessary from the standpoint of the parties as well as the
community. Such interests are valid since they protect the employer's interests
while causing no undue hardship to the employee, who will receive a pay or
compensation for the period in question.
CONCLUSION
It is obvious that the restrictions that apply
throughout the period for which the employee has agreed to serve would not
normally amount to a trade constraint. This comes with the caveat that the
covenants aren't one-sided, do not impose arbitrary fetters, and are not
burdensome. However, limits in effect after termination would be regarded
unlawful and in violation of Section 27 of the Indian Contracts Act of 1872.
Furthermore, in calculating liquidation damages to be paid in the event of a
breach of an employment bond, the court would use the standards outlined above
and would be unlikely to allow specific performance of the contract.
Furthermore, the bonds would
be lawful with respect to trainees if the employer can demonstrate that it has
incurred a legal injury as a result of the trainee's breach of the bond.
Thus, it is advised that before engaging into such agreements, both employers and employees should seek legal counsel to ensure that their rights and obligations are effectively safeguarded.
We have tried to address the possible queries related
to legality of Employment Bond in India, still if there are any further
questions, please contact us at +9810929455 or via email at info@soolegal.com.
Frequently Asked Questions Q: What is a Stamp Paper? A stamp paper is an A4 (foolscap) piece of paper that is pre-printed with a revenue stamp same as the one printed in currency notes or postal stamps. read more
Frequently Asked
Questions
Q: What is a Stamp
Paper?
A stamp paper is an A4 (foolscap) piece of
paper that is pre-printed with a revenue stamp same as the one printed in
currency notes or postal stamps. These stamp papers are generally issued by the
Government and usually carry the certain value of Rs. 10, Rs.20, Rs.50, Rs.100,
Rs.500, etc.
Q: What are the Objectives of Stamp Paper?
1.
Documenting business transactions or making a
contract for an upcoming project, using Stamp Paper is a must.
2.
Relevant legal documents, such as Lease
Agreement, Purchase and Sale of Goods, Business / Contract Agreements, Loan
Agreements / Financial Offers, Power of Attorneys, Affidavits, Organizational
Notes, Organization Memorandum, Indemnity Bond, Declaration, Loans and
financial agreements ext, to have its enforceability in law it must be duly
stamped as and when needed.
Q: Does stamp paper
have an expiration date?
Stamp
papers in India do not have an expiration date as per the current law.
Q: What is the legality
of agreements written on old stamp paper?
Agreements
written on old stamp paper are generally considered legally valid. The Indian
Stamp Act does not specify an expiry date for stamp papers. The Act only states
that if a person possesses a stamp paper without immediate use for it, they can
surrender it to the collector within six months of purchase for a refund.
However, using old stamp papers for backdated agreements can be risky and may
have legal implications.
Q: Can old stamp papers
be returned for a refund?
As
per the provisions of the Indian Stamp Act, stamp papers can be returned to the
collector for a refund within six months of purchase. The collector will refund
the amount after deducting 10 paise per rupee. This provision may vary in
different states, so it's advisable to check the specific laws of your state.
Q: Can old stamp papers
be used for new agreements?
Yes,
old stamp papers can be used for new agreements as long as the purpose of the
agreement aligns with the purpose for which the stamp paper was originally
purchased. However, if the agreement requires a higher-value stamp paper, you
may need to supplement it with a new stamp paper to cover the remaining amount.
Q: Can old stamp papers
be used for executing agreements with a prior date?
It
is possible to execute an agreement with a prior date on an old stamp paper
with a new date. However, it's essential to ensure that the purpose is not to
defraud the government or evade stamp duties or penalties. The legality of such
agreements may vary depending on the specific circumstances and relevant laws.
Q: Are agreements on
old stamp papers enforceable in court?
Agreements written on old stamp papers are generally enforceable in court, provided they fulfill the requirements of the Indian Contract Act. However, it is important to note that certain agreements may require registration as per the Indian Registration Act or other applicable laws.
if there is any query on your end, you can always reach out to us at +91 9810729455 or mail us at info.sunlegalconfidential@gmail.com.
Today morning I saw this message sent by someone on my fb messenger : '' Hello sir, I am a lawyer practising in Allahabad High Court.Today an elderly advocate reminded me about your past time when read more
Marriage in India is viewed as the institution of unity of a girl and a boy in order to acquire social position. It is frequently like a self-created institution. But, this institution of marriage is read more
Marriage
in India is viewed as the institution of unity of a girl and a boy in order to
acquire social position. It is frequently like a self-created institution. But,
this institution of marriage is easily shattered these days. Every year, the
number of divorces rises, whether due to the fault of the husband or the wife.
The wife files a complaint against the husband under Section 498A of the IPC,
the Hindu Marriage Act of 195, and the Domestic Violence Act of 2005. However,
there have been cases where a wife filed a fraudulent complaint against her
husband. In such circumstances, the spouse had no recourse because Indian laws
were inclined towards women.
It
is clear from the unfair nature of the laws that, unlike other laws in India,
the burden of proof in laws dealing with the protection of women falls on the
accused to prove his innocence, which means that the husband and his family
members are immediately apprehended as soon as the wife lodges a FIR, and they
are considered as accused without the opportunity to be heard.
However,
the High Court of Bombay's decision in the case of Shri Mangesh
Balkrushna Bhoir v. Sau. Leena Mangesh Bhoir, the court granted some
relief to the husband in such circumstances of false complaints. The Court
ruled that if a wife files a false complaint against her husband and his family
members and the husband and his family members are acquitted and no case is
made out against them. Thus, Honb’le Justice R.D. Dhanuka rendered the
decision, stating that on such grounds, the husband is allowed to submit a
petition for divorce from her wife.
The
term "cruelty" is not defined in the IPC. Cruelty has been
defined by Indian courts as an inhuman conduct that causes mental pain and
endangers another person's health and life. Either the husband or the wife
might be harsh both mentally and physically. Cruelty is one of the grounds for
divorce under Section 13(1)(i-a) of The Hindu Marriage Act, 1955, and the party
requesting divorce must demonstrate that it has become impossible for husband
and wife to live together.
Facts
of the case
In
the aforementioned case, the woman filed a complaint against her husband and
his family members under Section 498A[1] read with Section 34[2] of the Indian
Penal Code. Following that, the Husband filed a petition for divorce based on
cruelty and other grounds. The wife's petition was dismissed since the
prosecution failed to present adequate evidence to the court, and therefore the
accused was acquitted. Meanwhile, the Husband's divorce petition was granted based
on cruelty. The order for divorce was overturned by the first appellate court.
The Husband filed an appeal.
Concern
raised
The
High Court was asked if the Appellate Court was right in overturning the Trial
Court's order granting a divorce to the husband on the grounds of cruelty,
especially when the husband had been acquitted under Section 498A, IPC?
Judgement
The
Court cited the case of K.Srinivas v. K.Sunita, in which
the Supreme Court decided that it is a settled point of law that if either
spouse files a false complaint, it amounts to cruelty and allows the other
spouse to seek for divorce. The Court stated that if a complaint filed by the
woman against her husband under Section 498A of the IPC is dismissed and the
husband and his family members are later acquitted, the complaint submitted by
the wife is false.This is in contrast to the Patna High Court's decision in Bhola
Kumar v. Seema Devi, which said that any criminal complaint submitted
by the wife would not constitute cruelty as a cause for seeking a divorce. Hon’ble
Justice R.D. Dhanuka established a distinction, finding that in the
aforementioned case, the wife's petition against her husband was still ongoing
before the Criminal Court when the divorce petition was heard by the Family
Court. In this case, however, the husband and his family members were
acquitted.
Conclusion
After
receiving numerous false charges from wives against their husbands, the Supreme
Court has resolved the legislation regarding cruelty towards the spouse. Mrs.
Deepalakshmi Saehia Zingade v. Sachi Rameshrao Zingade, involved a
complaint brought by the woman against her husband alleging an extramarital
affair, which was eventually proven. The court regarded such an act of wife
cruelty against her husband. Similarly, in Anil Bharadwaj v. Nimlesh
Bharadwaj, the court concluded that the wife's unwillingness to have
sexual intercourse with the husband amounts to cruelty against the husband.
Other reasons for abuse against the husband includes:
1. Adultery
by wife during marriage
2. Misapplication
of Section 498A of the Indian Penal Code, the Domestic Violence Act of 2005,
and other legislation
3. Desertion
by spouse
4. Cruel
attitude of wife
5. Initiating
criminal proceedings with malice against the husband and his family members,
etc.
Navi Mumbai, India
Alabaster, United States
Ernakulam, India
Asansol, India
Guwahati, India
Gurugram, India
Chennai, India
DAYS
HOURS
MINUTES
SECONDS
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"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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