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“West Bengal has got the dubious distinction of having the maximum number of married girl children at 40 per cent, a survey considered by the Supreme Court has said”.The apex court, which has delivered read more
“West Bengal has got the dubious distinction of having the maximum number of married girl children at 40 per cent, a survey considered by the Supreme Court has said”.
The apex court, which has delivered a
historic verdict declaring sexual intercourse with minor wife as rape, quoted
the survey in its order, saying the figure of 40.7 per cent of child brides
significantly rises to 47 per cent in rural areas of the populous eastern
state.
The report said the lowest percentage
of child marriages was recorded in Punjab and Kerala at 7.6 per cent.
According to the National Family
Health Survey 2015-16, the states with second and third highest percentage of
brides under 18 years of age were Bihar and Jharkhand with 39 and 38 per cent
respectively.
The report was submitted before a
Supreme Court bench of Justices M B Lokur and Deepak Gupta, which ruled that
sex with a wife who is under 18 years of age is an offence under the Indian
Penal Code with an imprisonment of up to 10 years.
As per the data which assumes
significance in the light of the apex court's verdict, the national capital of
India recorded 13 per cent of the child brides in 2015-16, which has come down
from 22.7 per cent in 2005-06.
The states of Rajasthan, Maharashtra and Gujarat have 35.4, 25 and 24.9 per cent of child brides, the report said. [As reported in PTI news]
In this modern era, there is specialization in diverse sections and subdivision of work in the corporate world. One such sector includes detection of growing fraudulent practices among various industrial read more
In this modern era, there is specialization in diverse sections and subdivision of work in the corporate world. One such sector includes detection of growing fraudulent practices among various industrial belts. NIDAAN Intelligence Services (I) Pvt. Ltd. is one such company that works on detecting fraudulent activities related to business or individuals.
NIDAAN Intelligence Services (I) Pvt. Ltd. (also known as NIDAAN India) is one of the top most service providers of India and instrumental in delivering complete set of Investigation & Verification Services in all parts of India since 2005.
Services Rendered by NIDAAN Intelligence Services (I) Pvt. Ltd.
NIDAAN India was incorporated in 2005 with a vision to eradicate unscrupulous activities practiced in different corners of the trading sectors. Mr. Om Prakash, Founder and MD of NIDAAN India stated that the organization provides fraud detecting services and aims to be leading multinational association delivering one-stop solution in the sector of investigation and verification.
This organization is engaged in delivering various verification and investigation services such as Employee Background Verification Services, Insurance Claim Investigation Services, Pre-Sanction Loan Investigation Services, Fraud Investigation Services, Skip Tracing Services, Mystery Shopping Services, Surveillance Services, Asset Searching Services, Bank Fraud Investigation Services ,Corporate Theft Investigation Services etc.
“With a vision to eradicate deceitful activities practiced in the trading world & an objective to satisfy customers, NIDAAN has been providing quality services to its clients since 2005”
NIDAAN India has set a trademark in the business of investigation & verification services. With the help of experienced & knowledgeable professionals, NIDAAN India has resolved many critical investigation projects and brought evidences through research.
Sectors in which NIDAAN Intelligence Services (I) Pvt. Ltd provides services:-
NIDAAN India has served and gave quality results to various organizations of various sectors such as Banking, Telecom, FMCG, SMCG, Insurance, other Industries etc. While working with various clients through the years, Nidaan has built its forte in the sector of investigation management by providing quality and satisfactory result to its clients.
Excellence of NIDAAN Intelligence Services (I) Pvt. Ltd.
Future Plans:-
NIDAAN India is planning for expansion & growth, and aims to become a pioneer in its sector and show its strong presence in our country.
For this reason, NIDAAN India is going to New Branches at Kharagpur in West Bengal, Raurkela in Odisha and Raipur in Chhattisgarh. This organization also aims to provide employment to 200 Matriculate/Intermediate, 50 Graduate, 20 MBA & 10 Medical Officer to strengthen in respect to delivering best & quality services in all parts of India.
Women are litigants in over 10.5 % of the total over 2.55crore cases pending in India's lower courts and the maximum numbers of them are from Andhra Pradesh, followed by Bihar and Punjab. In a recent read more
Women are litigants in over 10.5 % of the total over 2.55crore cases pending in India's lower courts and the maximum numbers of them are from Andhra Pradesh, followed by Bihar and Punjab.
In a recent report, it has been found that just a little over 10 percent of the 2.55 crore cases pending in subordinate and district courts across the nation have been registered by women.
Story: It is a matter of fact that women contribute half of our country’s population but the sad part of the story is they often found at the receiving end of the society. This is borne out by the fact that only few of them move courts to obviate family or property disputes.
In a recent report by The TIMES OF INDIA, it has been found that just a little over 10 percent of the 2.55 crore cases pending in subordinate and district courts across the nation have been registered by women. It reveals that 90 percent cases are filed by men that are total of the pending litigation. Moreover, 70 percent are criminal cases, whereas among those filed by women, criminal cases add up to less than 50 Percent despite ample of incidents of domestic violence and harassment against them.
The above data gives a boost to key aspect that our society holds still patriarchal structure where men continue to take vital decisions in matter of family and personal disputes. The participation of women in household decisionis less.
An analysis shows that six states have a higher percentage of litigants than the national average 10.3 percent. Andhra Pradesh stands at the top in chart with a hopeful figure of 16 percent, followed by Bihar and Punjab with 15 percent each. States such as Goa, Tamil Nadu and Chandigarh each have 14% cases filed by women.Among larger states such as UP, MP, Maharashtra and Rajasthan who also fall behind the entire country in ‘women empowerments’, women litigants in lower courts account for 9.5 - 10.5% of total cases, almost close to the national average.
In states like Haryana, Himachal, Jharkhand, Karnataka and West Bengal statistics are a bit above from larger states. Here the cases filed by women in subordinate and district courts comprise around 12 percent of total cases.
High Per-capita income states also slips down
Delhi and Gujarat, the high performing states in terms of economic and governance indicators, saw the sharpest decline in the percentage. In fact, cases registered by women in these states are among the lowest in India. At 3.8%, Gujarat has the lowest with just 65,000 of the 17.26 lakh cases in the state being those filed by women. In Delhi, the percentage of such cases is 5% with about 30,000 of the 5.74 lakh cases pending filed by women. In comparative study, Uttar Pradesh, which always has highest number of pending cases, there is 10.55 percent cases filed by woman which is just double than that of our national capital. The total cases filed by women in UP is 6.31 lakh while the total pendency in its subordinates courts is 59.86 lakh.
Other states where few cases have been filed by women include Uttarakhand (4.8%), Kerala (7%), Odisha (7.6%) and J&K (7.75%). In northeastern states, the data is improved than Delhi.Here the trend is similar to the national average where cases filed by women constitute 10%-13%.
You know when I came to know about this new right, i.e. Right To Privacy, I wonder what it means?Firstly, let's check out what rights women are enjoying only in India, not talking about the world.Right read more
You know when I came to know about this new right, i.e. Right To Privacy, I wonder what it means?
Firstly, let's check out what rights women are enjoying only in India, not talking about the world.
Right to take birth - - - -
Starting from the birth, as far as I know rates of a girl child birth are still on that same decreasing stage. In rural areas, elders mainly those who believe a man as the bread and breath of a family, hardly let a girl child to be born. And this female foeticide is still happening on large scale, unrecorded and unstated! Even after, girls succeeding in most areas of life; practical and social, getting medals for country and making everyone proud, the larger number of people don't want a girl to be born before a boy. Abortions are still at large!
Right to freedom - -Really? Freedom of what?
Even in this insta twitter age, girls are not allowed to have boys as friends, for obvious reasons, they still can't choose their own husband, (arranged marriages, most of time, suffocates a woman).
Woman can't choose to dress or they'll get raped and even if they wear Burqa, they'll get raped then too, as a rapist has nothing to do with her clothes.
They can't go outside at night, that too for obvious reasons.
They have to face domestic violence that includes verbal abuse, physical violence, rape by husband, name-calling etc. And still our religion tells her that her husband is her PATI PARMESHWAR. And she's to be her slave, without raising her voice, by sacrificing all she has, her dreams, visions, thoughts; till her last breath.
I am talking about many who're still going through all this, not about those few who raised their voices, succeeded and enjoyed the right to freedom. I know women who earn more than their husbands but still don't have the right to spend a single penny from their own hard-earned income. And still are a victim of domestic violence.
Coming back to the right - - - Right To Privacy
If a woman can't enjoy the right to freedom that includes most rights, how can she has Right To Privacy?
AND for men, right to privacy means, in simple lines, " This is my phone if talking to his girlfriend while being a father of two kids, or making plans to chase a girl,or to rape her with friends, OR this is my family matter if a man is beating his wife, disrespecting his parents or doing anything inside his house."
Every word of this Right To Privacy, ends with "this is my matter, Stay out of it!" mainly for MEN! And it's happening that people are using it in a wrong way... Like a dialogue from Damini...
" Agar ek kanoon bnta hai jurm ko rokne ke liye to dus raaste ban jate hai use todne ke liye! "
Woman don't need just laws, or rights now, they need to be listened to. Women need respect first, from our very own society.
Then there'll be a enjoyment for them, with the right to live. And all rights included!!!!
Medical Negligence: The New Bug Proliferating India’s Litigation Introduction: Essence of NegligenceThe medical world is ever evolving and the corresponding progress in technology has undoubtedly read more
Medical Negligence: The New Bug Proliferating India’s Litigation
Introduction: Essence of Negligence
The medical world
is ever evolving and the corresponding progress in technology has undoubtedly
saved millions of lives, however with the enactment of the Consumer Protection
Act, 1986 the patients have realized their rights and have claimed compensation
for the inattentive or careless treatment provided to them. Also, the medical
practitioners have come to terms with the fact that they owe a ‘duty of care’
towards the patient and therefore, such a ‘breach of duty’ would amount to
medical negligence.
The Black Law
Dictionary defines negligence as:
“Conduct, whether
of action or omission, which may be declared and treated as negligence without
any argument or proof as to the particular surrounding circumstances, either
because it is in violation of statue or valid municipal ordinance or because it
is so palpably opposed to the dictates of common prudence that it can be said
without hesitation or doubt that no careful person would have been guilty of
it. As a general rule, the violation of a public duty, enjoined by law for the
protection of person or property, so constitutes.”
Medical Negligence
is simply a failure to exercise due care and protection. The three key
ingredients of negligence are as follows:
· The defendant owes
a duty of care to the plaintiff.
· The defendant has
breached this duty of care.
· The plaintiff has
suffered an injury due to his breach.
Cases at Glance: The Ever Changing Interpretations
It is a given fact
that a doctor owes a duty of care to his patient which can either be
contractual duty or one arising out of tort law. In order to define the
boundaries and the relationship between doctor-patient, the Supreme Court in Parmanand Kataria v. Union of India,
reinstated that “every doctor, at the governmental hospital or elsewhere, has a
professional obligation to extend his services with due expertise for
protecting life.” The liability of a doctor arises when the injury has arisen due
to the negligent conduct of the doctor and not when the patient has suffered
from an injury due to other reasons. The plaintiff certainly needs to prove the
breach of duty and the outcome beyond doubt.
In Jacob Mathew v. State of Punjab, the
Supreme Court framed a few guidelines under which a Doctor could be held
criminally liable for his professional negligence or a mere deficiency of
service. The judgment was a subsequent result to the appeal filed by a doctor
who had been booked for the death of a terminally ill cancer patient. The
failure was on part of the hospital which could not provide for the oxygen on
time to the deceased, Jiwan Lal as there was no gas in the cylinder.
The mere allegation
will not make out a case of negligence, unless it is proved by reliable
evidence and is supported by expert evidence.[1] In case of the State of Haryana v. Smt Santra, the
Supreme Court held that every doctor “has a duty to act with a reasonable degree
of care and skill.[2]
The concept of
vicarious liability and its relation to the medical profession is vital as the
hospital will always be liable in each case whether the negligent act is
committed by the doctor, surgeon, anesthetic, nurses, etc. whether they are
permanent or temporary or visiting or full time, they are equally liable as
they are the agents of the hospital to provide treatment to the patients. This
was the judgment in the case of Cassidy
v. Ministry of Health given in.[3]
In V Kishan Rao v. Nikhil Super Specialty Hospital[4], it was held that in a case where negligence is evident, the principle of ‘res ipsa loquitur’ operates and the complainant does not have to prove anything as the thing (res) proves itself. It is the respondent who has to prove that he has taken care and done his duty to repel the charge of negligence. One of the first instances where the principle was applied in medical negligence cases was in the case of Spring Meadows Hospital and Anr v. Harjol Ahluwalia wherein it was stated that use of wrong drug, wrong gas and delegation of responsibility to another may amount to negligence in certain circumstances and the application of ‘res ipsa loquitur’.
Reasons and Solutions: What Lies Ahead
One of the reasons attributing the upsurge in the amount of
cases relating to medical negligence is due to the increased awareness among
the people and access to consumer courts, however it may be
remarkable to note that a Supreme Court Advocate, Mahendra Kumar Bajpai, who
specializes in medical law, conducted a study[5] on the statistics of
medical negligence cases and it was shockingly revealed that there was a 110
percent rise in litigation pertaining to it every year in India. The study also
shows that between 60-66 percent of the filed cases are due to the hospitals taking
improper consent from relatives before performing certain procedures and
treatment of the patients which clearly depicts the ground reality persisting
in the courts.
In India, the
previous Medical Council Act of 1956 had no provisions to deal with medical
negligence, even after the modification in 2002 to include medical negligence,
the section under which action can be taken or penalties be imposed against the
alleged malpractice is not per se specified. This is one of the reasons why
there is an urgency to formulate a comprehensive law which deals with the
medical negligence cases.
It is also crucial for every MBBS student to be aware
of Medical Council of India (MCI) Regulations,
2002, which directly talks about the legal intricacies and therefore needs to
be included in the syllabus. The moneymaking mentality of a few in the medical
field also have to be done away with as one has to realize and understand that
they are dealing with the precious lives of the patients which are at stake. There
is no doubt about the fact that the medical science is progressing and reaching
new horizons however, the medical profession may slowly lose its aura of
sanctity if the staggering rise in such cases are not looked into.
[2] State of Haryana vs. Smt. Santra (2000) 5 SCC 182:: AIR 2000 SC 3335
[3]
Dr. Jagdish Singh & Vishwa Bhushan, Medical Negligence and Compensation
115, (2d.ed 1999)
[4] 2010(5)ALD46(SC)
[5] http://timesofindia.indiatimes.com/city/nagpur/Alarming-rise-in-medical-negligence-litigation-Study/articleshow/55484635.cms
The prime minister, have welcomed the recent Supreme Court verdict in Shayara Bano v. Union of India that confirmed that courts would not recognize triple talaq (unilateral irrevocable read more
The prime minister, have welcomed the
recent Supreme Court verdict in Shayara Bano v. Union of India that
confirmed that courts would not recognize triple talaq (unilateral irrevocable
male repudiation).
After this, some have also revived calls to introduce a Uniform Civil Code. How far does this judgment reduce the gender inequalities in Muslim law? How legitimate is the inference that a UCC is the next logical step to equalise rights in the family? Several high courts had invalidated triple talaq from 1978 onward. The Supreme Court upheld this in Shamim Ara v. Union of India (2002), making talaq's validity dependent on the man providing "good reasons" and proof of having attempted spousal reconciliation.
This invalidated most instances of unilateral repudiation that do not follow such a careful process. The Shayara Bano bench did not raise the bar for the validity of talaq, for instance by requiring either the wife's consent or judicial approval. Extra-judicial divorce remains more readily available to Muslim men than to Muslim women, who access it mainly through khula, which requires a qazi's approval and the husband's consent. India's Muslim law gives women less rights than men in other respects too. It gives women only half their brothers' share in family property, disentitles about a half of Indian Muslim women to inherit agricultural land, and allows polygamy but not polyandry. Hindu law also disadvantages women in various ways -- for example, allowing families to jointly own property that is usually controlled by men, giving widows only limited shares of such property, and not limiting testamentary rights which are very often used to disinherit women.
Two judges on the Shayara Bano bench ventured in a new direction by requiring personal law to be compatible with the fundamental rights recognised in the Constitution, and assessing triple talaq to be contrary to these rights. But the court also relied on the divorce procedures recommended in the Qur'an, hadith that report the Prophet Muhammad to have considered triple talaq revocable, reputable commentaries, and legislation in many countries that abrogated triple talaq. In doing so, it followed the tendency of postcolonial Indian courts to rely on the laws, norms, and initiatives of the concerned groups, rather than constitutional rights or international legal principles alone, when reforming personal law. This approach is meant to reconcile the recognition of cultural norms in family life with constitutional values.
Imaginative courts could base themselves on
Shayara Bano's call to assess personal law based on constitutional rights to
either amend provisions that disadvantage women or press legislators to do so.
This could realize the most important current civil society demands -- the
entitlement of all Muslim women to inherit agricultural land, the decomposition
of jointly owned Hindu property into individual shares, the restriction of
rights to will property, and the grant of equal shares to conjugal partners in
matrimonial property.
Uniform Civil Code: Complete coverage
While such changes would be valuable, the government's recent personal law
initiatives misrepresent the development of personal law and community
orientations. The government claims that Hindu law was changed based on
constitutional values, but minority laws were not; that greater Hindu support
for reform drove the emphasis on changing Hindu law; and that Muslim backwardness
is the main constraint to a UCC, which would best enable gender justice.
Contrary to this view, community reformist
mobilisation helped Muslim women gain rights to inherit substantial family
property and to judicial divorces in the 1930s, two decades before Hindu women
did. Soon after independence, important Muslim leaders wanted to entitle women
to inherit agricultural land and control their dower, restrict or end polygamy
and talaq, and increase the minimum marriage age. Maulana Abul Kalam Azad, Naziruddin
Ahmad, and Hussain Imam were open to a future UCC formed through the confluence
of India's various religious traditions. Nehru and Ambedkar were disengaged
from such Muslim initiatives, mistook Muslim demands to retain religious laws
for resistance to changing these laws, and failed to change minority laws. The
Hindu law reforms of the 1950s were not based on constitutional egalitarianism,
but on the Mitakshara and Dayabhaga schools of Hindu law as colonial officials
had understood them, commentaries on the dharmashastras, and regional and caste
customs, as well as the Western model of marital monogamy.
Although policymakers focused on changing Hindu law, due to the limited scope of these changes, Christian and Muslim women had greater rights than Hindu women to ancestral property until 2005, Muslim women had greater divorce rights than Hindu women until 1976, the inheritance rights of Muslim women remain most secure because Muslim law restricts testamentary rights to a third of one's property, and the matrilineal customary laws of certain Adivasi groups give women more property rights.
Parliament and the courts have changed India's personal laws moderately to promote women's rights and individual liberties. Personal laws were changed more extensively in Tunisia and Morocco, demonstrating that group rights are compatible with egalitarian liberal reform. The basing of these reforms in Islamic jurisprudence gained them broader support, enabling the sustenance of reform. There was much opposition, by contrast, to the adoption of the Swiss Civil Code in Turkey, which could be maintained only through periodic authoritarian rule. This indicates that reforms are more often considered legitimate if they are based in the relevant group's norms in societies where many want group culture expressed in family life.
Hindu nationalists have nevertheless pressed for a UCC. As certain minority laws favour women more than Hindu law does, a UCC can best promote women's rights only if it includes aspects of the various personal laws -- for example, the Indian Succession Act currently applied to Christians that gives children equal inheritance rights and Muslim law's limitation of testamentary rights -- as well as civil family laws such as those of the Special Marriage Act that provide greatest conjugal autonomy.
A BJP government that promotes Hindu hegemony and stereotypes of Muslim backwardness and polices community boundaries seems unlikely to adopt such a code. Its orientations make a UCC drawn largely from upper caste Hindu norms and Hindu laws more likely. Such a UCC would not effectively draw from the aspects of India's various dynamic cultures most conducive to democratise families, religious groups, and the nation, and would have limited minority support.
A Parliamentary panel has quistioned Defence Ministry why CBI was not given permission to file a special leave petition against the 2005 Delhi High Court order on Bofors case aquiting Hinduja read more
A Parliamentary panel has
The questions by a sub-committee of Public Accounts Committee (PAC) were triggered after CBI in a response said that it wanted to pursue the case but could not, since the permission for filing the SLP was denied by the then UPA government.
The panel has also asked the ministry to explain the reason for not conducting fresh trials of 150 mm Bofors gun given under worst service conditions through the same had been recommended by DRDO. It also wondered as to why the then Defence Secretary overlooked the directions of the then Prime Minister (Rajiv Gandhi) in the Bofors case.
The contentious Bofors case, which had led to the ouster of Rajiv Gandhi government in 1989, is not yet over with petitions have been filed in the Supreme Court.d
Replying to queries by the panel, the Defence Ministry in a separate five-page submission said that since DoPT administers the Prevention of Corruption Act cases and CBI, the panel should ask DoPT to reply to the query about the reason for failing to give this permission.
Delhi High Court in its order on May 31,
Asked why it did not file a petition against their High Court order, the CBI told the parliamentary panel in a nine-page written submission, "that on analysis of this order, Central Bureau of Investigation was of the view that SLP should be preferred against this order of Delhi High Court.
Regarding the questions on not conducting
In the sub-committee meeting earlier, BJP member Nishikant Dubey had asked the CBI director Alok Verma why the agency did not ask the current government in 2016 if it wanted to pursue the case.
The issue came up before the PAC subcommittee headed by BJD's B Mahtab had taken up the issue of non-compliance of timely submission of action-taken notes (ATN) on the Bofors purchase based on CAG reports of 1989 and 1990.
Defence secretary Sanjay Mitra, who had appeared before the panel on June 14 and July 13 was asked by the panels why the ministry could not submit ATNs on para 11 of CAG report number 2 of 1989 and audit para 9 of CAG report number 2 of 1990, which highlighted irregularities in the purchase process of Howitzer artillery guns.
CBI speaks
CBI, in a response to PAC sub-committee query, had said it wanted to pursue the Bofors case but the then UPA government had denied the agency permission to file the SLP in the case.
Law governing False Advertising Advertisements play a very important role as they directly influence one’s choice by invading his/her mind. Though advertisements help in making informed read more
Law governing False Advertising
Some of these legislations include-
Apart from the legislations, regulatory agencies also ensure that misleading advertisements are not circulated. IRDA lays down strict guidelines for the advertisements issued by insurers while TRAI, ASCI, RBI, SEBI among others also prevent misleading advertisements. Plethora of laws exists to fight this menace but they can only be successful with empowered consumers and strict enforcement.
Employment Laws in India – at a glance Employment policies are generated in the country in order to maintain industrial harmony, economic and social welfare. Employment law is basically read more
Employment Laws in India – at a glance
Employment policies are generated in the country in order to maintain industrial harmony, economic and social welfare. Employment law is basically a body of laws, administrative rules and precedents that protect the legal rights by imposing restrictions and laying down affirmative actions. It lays down a relationship between employees, employers and trade unions. Various statutes and rules contain provisions governing industrial relations, workplace health and safety and employment standards.
The laws that ensure that employees get just remuneration include-
This act ensures that men get equal pay for the same work they do and prevents discrimination on the basis of sex in the matter of employment and recruitment. In Inder Singh & Others v. Vyas Muni Mishra & Others [1987 SCR (3) 972] the court observed that when two groups of persons are in the same or similar posts performing the same kind of work, either in the same or in the different departments, equal pay will be given to them and there should be nounreasonable discrimination and the two groups that are similarly situated, should be treated equally.
This act deals with payment of gratuity which is a retirement benefit available to every employee who has served continuously for 5 years or more. It is made available to all the employees working in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments. “Gratuity” was defined by the Supreme Court in its etymological sense in Delhi Cloth & General Mills Co. Ltd. v. Its Workmen., means a gift, especially for services rendered or return for favours received. [ AIR 1970 SC 919]
Under this act, compensation is made available to the workmen and his dependents on the occurrence of an accident, death and disablement in the course of his employment. It covers all the establishments listed in Schedule II and III of the act but excludes the ones covered by the ESI Act. The Gujarat High Court in Devi BehnDudhabhai v. Manager LibertyTalkies and another, [1994-II-LLJ-1207(Guj.)] that even if the cumulative result of a slight injury is death then such injury is compensable.
The EPF act ensures that contributory provident fund, pension and deposit is made available to the employees. This act applies to establishments specified in Schedule I having 20 or more employees or to any other establishment notified by the Government. In RPFC v. T S Hariharan[1971 Lab IC 951 (SC)], it was held that temporary workers should not be counted to decide whether the Act would apply.
This is the basic overview with the relevant case laws that highlight the various provisions that protect an employee and ensure that they get equal treatment and remuneration.
Efficiency and productivity in one’s work can only be increased if their working conditions are effective to operate in. Protection and empowerment of women employees is another aim which these establishments need to meet.
Some other important employment related legislations include-
The main aim of the Act is to regulate the employment of women in certain establishments for certain periods before and after the childbirth and to provide maternity benefits and certain other benefits. This act applies to the ones who work in factories, mines, plantations, circus industry, shops and establishment with more than 10 employees and it does not apply to employees covered under the Employees State Insurance Act, 1948. It can be extended to other establishments by a notification of the State Governments.
The aim of the Act is to provide protection against sexual harassment of women at workplace and prevention and quick redressal of complaints and other matters connected with women employment. Sexual harassment is a violation of the fundamental right of a woman ie right to equality under Articles 14 and 15 of the Constitution of India and right to life and dignity under Article 21 of the Constitution of India. The Hon'ble Supreme Court of India, inVishaka and Others Vs. State of Rajasthan and Others [AIR1997SC3011] acknowledged the problem of sexual harassment of the working women at the workplaces and laid down guidelines making it mandatory for employers to prevent the commission of acts of sexual harassment and to provide the guidelines for the resolution, settlement or prosecution and redressal of acts of sexual harassment.
This Act contains provisions for benefits to employees in case of sickness, maternity and employment injury. All employees including casual, temporary or contract employees drawing wages less than Rs 10000 per month are covered under this act.A notification issued by a State Government under the ESI Act will extend to all branches of the said establishment situated even outside the State. This was observed in the case of Transport Corporation of India v. Employees' State Insurance Corporation,[2000 LIC 203].
It was very important for the legislature to enact these legislations in order to prevent exploitation of the employees by the employers.
Why ‘BC’ only in the name of women????You know since childhood, I knew a word BC, as Before Christ. But when I started using social media, I got a new meaning of BC i.e. Behan****, don't have that strength read more
Why ‘BC’ only in the name of women????
You know since childhood, I knew a word BC, as Before Christ. But when I started using social media, I got a new meaning of BC i.e. Behan****, don't have that strength to spit it out. Why and who introduced this abusive slang to the internet and for what good it has done so far, is my question? So far, most of the abuses are being used in the name of women. Why there are no abuse, directly, in the name of men? Why after so much pain of Labour and so much care of everyone, a woman only gets these kinds of abusive rewards?
We talk about domestic violence in which these kind of slangs are very common mainly in rural areas. Even while trolling on the net, this word is used even after a good quote or saying.
Whosoever has invented it, wasn't doing any good for women and children.
Even when I was schooling, “kutta-kamina”, was prohibited. But these slangs are a hindi meaning of sisterf*****/motherf*****. An English word dates back at least to the late 19th century, with a Texas court in 1889 recording a defendant being called a "Goddamn mother-fucking, bastardly son-of-a-bitch”. Then, it widely spread afterwards. But when came to India, was translated into more and most lowly used words. But all in the name of women. In every possible way, it's seems disrespectful for women. But not only a sixty years old but also a small kid is using it like hell.
But why it was not fatherfucker or son of a dog, or something else?
And if we're using/adapting English language, their clothing culture, their food culture etc etc, why not we adapt freedom and equality and their mental build which secure rights for women. We must do that also! Why do our government not also make strict laws against rape and domestic violence, crimes against women and children as they do?
And any hindi language book written so far, doesn't consist of such word… BC. At Least, I've not read it. And what's the lesson in this slang? Already women are suffering utmost, and it adds more to their sufferings!
A woman gives birth to a girl or boy. But this slang, this abuse, is a black mark on her name, without no mistakes or wrongs done from her side. An abuse in the name of a woman backfires directly to one's own mother, sister, or any other lady in the house. But still is being commonly used. No laws, no punishment for this. Even on Internet, on social media, no one asks a ban on it. No parents, no teacher, no NGO and no leader raises a voice against this.
It's been written in guru Granth sahib ji
“sau kou manda aakhiye, jit jme rajaan!”
That means, the one who gives birth to the kings, why call her bad?
Asking the same question to our society?
Either answer or ban this abuse with strict law enforcement. There must be a strict punishment for this act, not merely on papers but must be visible socially. Isn't that moral right to get respect for what we're women. At least, by stopping abuses in the name of women?
Mumbai, India
Thane, India
Kolkata, India
Ranchi, India
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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.
YOU HAVE AGREED TO THIS TRANSACTION TERMS BY CLICKING THE AGREE BUTTON