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Bleeding Queens - - bleeding princesses!Should I wait for the sands to fall?Or should I respond to the callcoming from there, so near,so close to my ailing soul?A few lines from Alok Mishra’s“Classic read more
Bleeding Queens - - bleeding princesses!
Should I wait for the sands to fall?
Or should I respond to the call
coming from there, so near,
so close to my ailing soul?
A few lines from Alok Mishra’s
“Classic Dilemma”
I was wondering what people are waiting for now?
May be this demonicity to reach more heights somehow!
We must wait for that day when we'll read this act to be performed more heinously. You know, may be, a baby in her mother's womb and to check out whether a girl or a boy is inside, they'd might cut her womb and then check properly by going more further. It's just imagination but whatever is going around all of us, pointing to that kind of world. Parents send their kids to school to learn, play and make friends. Unknowingly, they become bait of these worse creatures definitely not being made by God. As they say "bache bhagwan ka Roop hote hain." So, it can be said that God is unassisted now.
Let’s analyze - -
In prehistoric age, There were no clothes and every human wandered naked. So, are clothes a problem? No? Then what? Most rapists and sex addicts say that their victim was wearing provoking clothes. As far as I remember, NIRBHAYA also was wearing full clothes on that cold night of 2012. And 5yr school girl kid or a 2yr old toddler dress cannot be considered in that provoking section. Former can wear a school uniform and latter, a diaper.
So, is school uniform the problem and a diaper too?
I'm horrified with this thought only that a 5yr or a toddler didn't even know what was being done to her and why? In both cases, they could have felt pain, might had tried to shout or cry, but their mouth had also been shut like others. But we'll protest, don't worry! And we'll also do candle marches, we'll raise voices. But till we die. No action will be taken. Why don't those people, who burnt down the public property and created so much nuisance when a religious baba Ram Rahim was punished for he actually is, a rapist a murderer, Raise their voices now when a 5yr or 2yr got raped. Now, nobody's the time, right? Then, I would rather prefer our government that please ban the girl child birth. Let all be blessed with boys only. Let them rape their own Creed! Then, this man made, filthy minded patriarchal society, will feel the pain of being raped! And after girl child birth be banned, may be one day, our mothers and grandmothers will be these rapists next bait, if we didn't do now, Nothing. And then, a few males who respect women, will wake up and start a serious kind of real revolution or war against all rapists, to save the remaining women Creed. They'll fight literally and every rapist will get killed in that war as, “GOOD TRIUMPHS OVER EVIL”
At Least, then there'll be a SOLUTION TO THIS PROBLEM!!!!!!!!
But why don't we fight war against rape, rapists and their mentality, Now? You know a real war!
CHECK OUT THESE LINKS, HORRIFYING!
Karnataka: Man rapes toddler in Belagavi district, tries to bury her alive
https://www.google.co.in/search?q=5yThe union home minister Rajnath Singh made it clear on Monday that the government will not go against the sentiments of the Kashmiri people over the constitutional provisions under the articles 35A and read more
The union home minister Rajnath Singh made it clear on Monday that the government will not go against the sentiments of the Kashmiri people over the constitutional provisions under the articles 35A and 370 that guarantee special rights to the people of the state.
“The government did not initiate anything on this or go to court. I assure the government would never take any step which will hurt the sentiments of people of Jammu and Kashmir,’’ he stated. Former Jammu and Kashmir Chief Minister Omar Abdullah voiced his support and urged the centre to file a counter affidavit in the Supreme Court on the same.
On questions asked about the individuals and organizations, that have raised the objection on the provisions, being connected to Rashtriya Swayamsevak Sangh (RSS), Singh maintained that “his assurances have come as a home minister of India’’.
Well-known leader of Jammu and Kashmir Sheikh Abdullah negotiated the states’ political relationship with New Delhi in 1949 that resulted in the insertion of the Article 370 in the Constitution while Delhi Agreement between Abdullah and Nehru in 1952 gave way to the addition of Article 35A. Article 35A of the Indian Constitution empowers the Jammu and Kashmir state’s legislature to define “permanent residents” of the state and provides special rights and privileges to the permanent residents of the Jammu and Kashmir. Through article 370 state of J&K acquires special status in the Indian Union. It was through the presidential order that the Article 35A was added to the Constitution in 1954 and it grants special rights and privileges to the citizens of the Jammu and Kashmir. It also enables the state’s legislature to frame laws without facing a challenge based on the violation of the Right to Equality of people from other Indian states or any other right under the Indian Constitution.
The Supreme Court had demanded a reply within the three weeks on a writ petition that was filed by an NGO seeking the removal of the Article 35A of the Constitution. It stated that the state government takes undue advantage of the Article 35A and Article 370 to practice discrimination against nonresidents who are kept away from buying properties, getting government jobs or participating in the local elections.
The hearing is likely to take place in the apex court after Diwali.
The home minister spoke about the improved security situation in Kashmir Valley and urged tourists from all over the world to visit the region. “I assure the tourists from India and rest of the world that Kashmiri’s are ready to welcome them,’’ he said.
On a four-day visit to the state, Singh met about 55 delegations of civil society and of political parties representatives. He indicated that he was “willing to talk to any stakeholders’’. He said that he has come with an open mind and that he is ready to talk to anyone to resolve problems in Kashmir.
By- M. Venkaiah Naidu : A set of laws to govern personal matters of all citizens irrespective of religion is the cornerstone of true secularism. It would help end gender discrimination on religious read more
The recent progressive decisions of the Shani Shingnapur and Trimbakeshwar temple trusts to allow entry of women in the wake of a series of protests constitute a welcome development in what has been a long march towards gender equality. They also served to rekindle a countrywide debate on ending widespread gender discrimination, especially on religious grounds. It is a matter of concern that close to seven decades after Independence, women continue to battle discrimination in matters of religion even as they march shoulder-to-shoulder with men in various fields.
Perhaps, the time has come for us to take a close, hard look at the Goa Family Law and see if it could be emulated in the rest of the country. The Portuguese Civil Code of 1867 was continued in Goa after its liberation, and it should be the model for other States. The progressive law provides for equal division of income and property regardless of gender between husband and wife and also between children. It is also applicable in the Union Territories of Dadra and Nagar Haveli and Daman and Diu.
Importance of a Common Code
A Common Civil Code that would put in place a set of laws to govern personal matters of all citizens irrespective of religion is perhaps the need of the hour. It is, in fact, the cornerstone of true secularism. Such a progressive reform would not only help end discrimination against women on religious grounds but also strengthen the secular fabric of the country and promote unity. However, it can be implemented only when there is wide acceptance from all religious communities after discussing all the pros and cons as no decision, however reformatory, could be thrust on the people without their acceptance. All misgivings would have to be squarely addressed for progress to be achieved on this count.
In fact, Article 44 of the Constitution declares that the state shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India. During the debate in the Constituent Assembly, Dr. B.R. Ambedkar, while supporting the need to frame a Uniform Civil Code, expressed the hope that its application might be purely voluntary. He also said: “I personally do not understand why religion should be given this vast, expansive jurisdiction so as to cover the whole of life and to prevent the legislature from encroaching upon that field. After all, what are we having this liberty for? We are having this liberty in order to reform our social system, which is full of inequities, discriminations and other things which conflict with our fundamental rights.” Babasaheb’s pragmatic words are of great relevance to the Indian social context today.
While there is a criminal code which is applicable to all people irrespective of religion, caste, tribe and domicile in the country, there is no similar code when dealing with respect to divorce and succession which are governed by Personal Laws. The Uniform Civil Code seeks to administer the same set of secular civil laws to govern all people.
Repeated judicial reminders
In 1985, the Supreme Court ruled in favour of Shah Bano, who had moved the apex court seeking maintenance under Section 125 of the Code of Criminal Procedure after her husband divorced her. The then Chief Justice, Y.V. Chandrachud, observed that a Common Civil Code would help the cause of national integration by removing disparate loyalties to law. The Court directed Parliament to frame a Uniform Civil Code.
In the Sarla Mudgal v. Union of India (1995) case, the Supreme Court had observed: “Pandit Jawahar Lal Nehru, while defending the introduction of the Hindu Code Bill instead of a uniform civil code, in the Parliament in 1954, said, ‘I do not think that at the present moment the time is ripe in India for me to try to push it through’. It appears that even 41 years thereafter, the Rulers of the day are not in a mood to retrieve Article 44 from the cold storage where it is lying since 1949. The reasons are too obvious to be stated. The utmost that has been done is to codify the Hindu law in the form of the Hindu Marriage Act, 1955, the Hindu Succession Act, 1956, the Hindu Minority and Guardianship Act, 1956, and the Hindu Adoptions and Maintenance Act, 1956, which have replaced the traditional Hindu law based on different schools of thought and scriptural laws into one unified code. When more than 80 per cent of the citizens have already been brought under the codified personal law, there is no justification whatsoever to keep in abeyance, any more, the introduction of Uniform Civil Code for all citizens.”
In the John Vallamattom v. Union of Indi a case in 2003, Chief Justice V.N. Khare had observed: “It is a matter of regret that Article 44 of the Constitution has not been given effect to. Parliament is still to step in for framing a common civil code in the country.”
In fact, the Supreme Court in October 2015 said there was total confusion due to various Personal Laws and sought to know if the government was willing to implement a Uniform Civil Code. It observed: “What happened to it? Why don’t you (the government) frame and implement it?” However, the apex court later declined to direct Parliament to bring in a Uniform Civil Code while allowing a PIL filed in this regard to be withdrawn.
A secular project at heart
Several eminent people, representing diverse fields, have put forth different arguments against the introduction of a Common Civil Code. The most common refrain has been that even the British did not try to codify Personal Laws based on religion and any attempt to bring in a common codification of laws would be tantamount to the state’s interference in religious affairs, particularly of the minorities. Nothing can be farther from truth. It would be apt to remember the words of Mahatma Gandhi, who once said: “We should get out of the miasma of religious majorities and minorities.” That, in reality, would be the precise endeavour of such a unified code. If one were to be wedded to rigid and bigoted views, why should there be any statutes and changes in them in sync with the times? As a society evolves, it enacts laws which protect and safeguard the rights and interests of all its citizens.
Contrary to a sustained campaign of misinformation, the whole concept of a Common Civil Code is not aimed against any particular religion or its customs, but to prevent oppression in the name of religion. It would naturally be based on internationally accepted principles of jurisprudence and would go a long way in providing a sense of security to people of various religious denominations.
Noorjehan Safia Niaz and Zakia Soman, co-founders of the Bharatiya Muslim Mahila Andolan, in a letter to Prime Minister Narendra Modi in November 2015, observed: “From the Shah Bano case in 1985 till date, Muslim women have never been heard in matters concerning their lives thanks to the politics in our country. Certain orthodox and patriarchal males have… stonewalled any attempt towards reform in Muslim personal law. In the process, Muslim women have been denied their Quranic rights as well as their rights as equal Indian citizens. Almost all Muslim countries the world over, such as Morocco, Tunisia, Turkey, Egypt, Jordan and even Bangladesh and Pakistan in our neighbourhood, have codified personal laws governing marriage and family matters… Indian Muslims are denied this opportunity. As a result, we see instances of triple talaq and polygamy in our society.” They further stated that they had just published national research findings “with a primary sample of 4710 Muslim women across 10 states. An overwhelming 92.1% women want a total ban on oral/unilateral divorce and 91.7% are opposed to polygamy. 83.3% women said that codification of Muslim family law will help Muslim women get justice”.
It was also mentioned that BMMA had prepared a draft Muslim Family Law based on Koranic tenets concerning the age of marriage, mehr , talaq, polygamy, maintenance, custody of children etc. The important provisions of this draft law include a minimum marriage age of 18 for girls and 21 for boys and that the consent of both parties must be obtained without force or fraud, minimum mehr to be equivalent of one full annual income of the groom to be paid at the time of nikah. Further, it said that Talaq-e-Ahsan should be adopted as the method of divorce requiring mandatory arbitration over a 90-day period, oral unilateral divorce to be declared illegal, polygamy to be declared illegal, daughters to get equal share as sons through hiba or gift deed or will, compulsory registration of marriages, and the qazi to be held accountable for violations during talaq, polygamy and other such matters.
About tolerance
From Shah Bano to Shayara Bano, who recently filed a PIL in the Supreme Court, the focus has been on gender-friendly reforms of Personal Laws. With changing times, the need has arisen for having a Common Civil Code for all citizens, irrespective of religion, ensuring that their fundamental and constitutional rights are protected. Nobody need have qualms on this count. While emphasising that the foundations of secularism would only get further strengthened by introducing a Common Civil Code, I would like to recall the words of Mahatma Gandhi: “I do not expect India of my dreams to develop one religion, i.e., to be wholly Hindu or wholly Christian or wholly Mussalman, but I want it to be wholly tolerant, with its religions working side-by-side with one another.”
With the government seeking the opinion of the Law Commission to examine all aspects pertaining to Uniform Civil Code, the time has come for an enlightened debate in the country to arrive at a consensus at the earliest.
M. Venkaiah Naidu is Minister for Urban Development & Information and Broadcasting, Government of India
Contrary to a sustained campaign of misinformation, the whole concept of a Common Civil Code is not aimed against any particular religion or its customs
http://www.thehindu.com/todays-paper/tp-opinion/Why-not-a-Common-Civil-Code-for-all/article14492434.ece
The impact of Bollywood is easily visible in the day-to-day life yet it may not always end up as a cool example for people to follow. Trivializing women’s identity and dignity is an age old practice in read more
The impact of Bollywood is easily visible in the day-to-day life yet it may not always end up as a cool example for people to follow. Trivializing women’s identity and dignity is an age old practice in the film industry yet there is always the line demarcating the real from the reel.
In a recent news that surfaces from the Thane region in Mumbai court has passed a verdict against a man who used the word “chammak challo” for women. The court has stated in its verdict that the word amounts to “insulting a woman’s modesty”. A magistrate awarded simple imprisonment to the resident “till the court rises” along with the fine of Rs 1 for the offense. It was found that the accused was the neighbor of the women who dragged him to the court after she couldn’t succeed in filing a complaint against him to the police. As stated in her complaint while returning from a morning walk on January 9, 2009, she stumbled upon a garbage bin kept on the staircase by the accused and it was then when he outraged her modesty by yelling out the derogatory word “chammak challo”. It was only after eight long years that the final verdict is out as the Judicial Magistrate RT Ingale pointed out that the man has committed an offense under section 509 of IPC that covers the use of word, gesture or act intended to insult the modesty of a woman. He also maintained in his order that “It is a Hindi word. There is no word for it in English. The said word is to be understood in the Indian society by its use. Generally, this word is used to insult a woman. It is not a word for appreciating....it causes irritation and anger to any woman,”.
Use of such derogatory words in the movies and songs is not a new thing but we have come a long way scrutinizing our law in order to put a check on their use in the society so as to protect women from falling prey to a social environment that finds its roots embedded in the not so real world of movies. While the verdict of the court has conveyed out to the masses that the law stands strong to protect the rights of the women yet the long time taken to deliver the justice could be an issue of concern and it's very much possible that such cases can and should be dealt at a faster pace.
NDTV Exclusive : Story HighlightsDera Sacha Sauda headquarters in Haryana's Sirsa has 7-star hotelRam Rahim lived in a pink mansion, dubbed the "gufa", meaning a caveCinema hall inside the campus read more
NDTV Exclusive :
India’s counterfeit market has been increasing at the rate of 44% a year and was estimated to be worth Rs. 1.05 lakh crore in 2014.[1] A major impact of these increasing numbers has been on the read more
India’s counterfeit market has been increasing at the rate of 44% a year and was estimated to be worth Rs. 1.05 lakh crore in 2014.[1] A major impact of these increasing numbers has been on the FMCG (fast-moving consumer goods) industry. With an effort to get a fair share of their brand value and combat counterfeiting, Bisleri International Pvt. Ltd. has launched local labels in different regional languages, stepping up its game in re-establishing its brand in the country. The new marketing strategy, as stated by Anjana Ghosh (Director of Marketing, Bisleri International Pvt. Ltd.) is aimed at connecting with locals in their mother-tongue and simultaneously targeting counterfeit products.
Rule 28 of the Trademark Rules 2017prescribes the procedure for registration of trademarks in regional languages. It states that where a trademark contains one or more words in scripts other than Hindi or English, the applicant has to provide the precise transliteration and translation of each such word in English or Hindi and state the language to which the words belong.
The approval of the application under Rule 28 is subject to a test for the determination of whether the mark can be registered as a regional language trademark or not. In India, this test is loosely based on the US Doctrine of Foreign Equivalents. According to the doctrine, the court translates foreign words into the native or common language of the country to determine whether a mark in the foreign language is registrable or confusingly similar to existing marks. The Indian courts while applying the doctrine have recognized the complexities of a multi-lingual nation and hence tried to inculcate multiple factors in the Registration of Trademarks in regional languages.
One of the earliest cases of the Regional Trademark is TG Balaji Chettiar v Hindustan Lever Ltd. The applicant, a manufacturer and seller of soaps filed an Application for the Registration of a Trademark containing the Tamil word “Surian”. The defendant, Hindustan Lever Ltd. claimed that it held the registration of the words “Sun” and “Sunlight”, in the same category of products since the past six decades.
The issue was whether the use of word Tamil word “Surian” which translates to “Sun” was deceptively similar to the Defendant’s registered trademark?
The Court, ruling in favor of Hindustan Lever Limited (Defendant) stated that the Applicant’s mark was bound to cause confusion among the local Tamil consumers who generically use the term “Surian” for the English word “Sun”. A purchaser conversant only in Tamil would refer to and ask for HLL’s soap by the name “sun” and in all likelihood, would be given Chettiar’s soap and not the Sunlight soap he intended to buy, hence causing confusion. The word “Surian” being the Tamil equivalent “Sun” was denied registration.
The application of the Doctrine of Foreign Equivalent, however, is still at a nascent stage in India and is largely based on the court’s interpretation of the same. Therefore, it is important for brands like Bisleri to ensure that its move in multi-lingual Indian market is legally permissible and within the framework of the trademark registration procedure and rules of India.
What is a Legal NoticeLegal notice is a formal communication to a person or entity informing him that you intend to undertake legal proceedings against him / her. It is a step taken before filing read more
BLEEDING QUEENS ----WHEN THEY BOUNCE BACK…….Every now and then, people blow their candles up, gather their courage for a while, write fiery slogans to stand against another brutal and heinous crime i.e. read more
In India, some people strongly believe that it’s not possible here. For us, it is just another form of love-making known as intense love making. Girliyapa associated with the viral fewer came out with read more
In India, some people strongly believe that it’s not possible here. For us, it is just another form of love-making known as intense love making. Girliyapa associated with the viral fewer came out with an audacious video subjected to the concept of marital rape. In this video, a woman is asking her family members whether her “consent” to having sex with her husband has any value or not, as her husband has nothing to do with her consent for having sex with her. In response, her family termed it as an act of “intense lovemaking” not “rape”, something that is very usual in India and there is no such thing as “marital rape” exists. The video has a funny accent but displayed the truth that even modern society is yet not ready to consider “marital rape” as a social disease.
Since the dawn of human civilization, men have dominated the lives of women, even rights of women have always been manipulated time to time. No matter the community, caste or religion, everywhere they have faced social norms regarding their clothing, eating, walking, talking, etc. In modern civilization, women have learned to raise their voices against these norms, but disappointment is what they found in the end.
Education has played an important role in building confidence in them to stand against such mentality that women lack the capacity to sustain an independent identity on her own and must follow the commands of their male partners to live with dignity and pride.
Laws against Marital rape is considered an impractical idea by the Central Government, saying it would destabilize the marriage relation, terming it as a tool for women to harass their husbands. Government instantly observed the consequences of making such laws, but failed to calculate the length of sufferings and pains, Indian women have endured for thousands of years. They overlooked the existence of hundreds of laws, designed to legalize physical abuse of Indian women in the name of marriage. How could they neglected the violation of the rights of women that have carried out in our society from thousands of years, who’s going to bring justice for all those years of slavery that prevented all women to do anything independently, even in her own house.
An intense debate has been ignited regarding the establishment of strict laws against marital rape offences. The written submission of Central Government before the Delhi High Court, however, has made some strange contentions, that rape can be a realistic construct of Indian Marriage. It is uncivilized and intolerable, especially when the marital rape is supported by the Government on the grounds that it may destabilize the institution of marriage apart from being a tool for women to harass the husbands.
All property rights, economic rights as well as laws regarding marriage, succession and adoption reflect this.
In our society, the way we treat our women is seemingly the same way that we treat disfranchised and marginalized communities in India be it our lesbian, gay, bisexual, transgenders etc. Unfortunately, the fundamental right of men and women are unequal, even unfair and impractical. In Muslim marriages, such unfairness is no separate from others.
Triple Talaq judgment is a revolutionary step to empower Muslim women by declaring it as unconstitutional and un-islamic practice.
The Delhi High Court heard the petition seeking declaration of Section 375 (offence of rape) of the IPC as unconstitutional on the ground that it may discriminate against married women being sexually assaulted by their husbands. The Center expressed that the law could be used to harass the husband just like the Section 3 (Anti-Dowry Prohibition Act).
The affidavit was filed by Central Government’s learned Counsel Monika Arora, wherein she stated; “if all sexual acts performed by a man with his own wife qualify to be marital rape, then the Judgment as to whether it is a marital rape or not will singularly rest with the wife” submitted in the affidavit. The Center asked the Court what criteria they would follow to validate evidences in such circumstances as there can be no lasting evidence. Center also stated that marital rape cannot be criminalized in India due to some regular issues related to various factors like literacy, lack of financial empowerment of the majority of women, mindsets of the society, vast diversity, poverty, etc.
NGO PLEA
During the trial, the Court agreed to hear the petition filed by an NGO, representing men victimised by the alleged misuse of gender laws. They expressed that the issue affected a large number of men who might be victimised by the hands of women under “fake rape” and “domestic violence” cases.
The NGO stated when a couple gets married, the act of sexual intercourse can only be carried out by the consent of both parties and that cannot be considered as rape.
Cosmopolitan Bengaluru (formerly Bangalore) is one of India's most progressive and developed cities, blessed with a benevolent climate and very nice surroundings it’s recognized as Silicon Valley of India. read more
Cosmopolitan Bengaluru (formerly Bangalore) is one of India's most progressive and developed cities, blessed with a benevolent climate and very nice surroundings it’s recognized as Silicon Valley of India. The past decade has seen a mad surge of development, coupled with traffic congestion and rising pollution levels and more alarmingly RISE IN DIVORCE RATES too, at this pace be no surprised after Mumbai and Delhi it will be Bangalore that will have the highest number of divorces. Today stress levels have hit the roof creating a wedge between two people, pushing each farther away and they are just a memory to each other… some common reasons I have heard from my clients are unable to give time to each other, no sexual intimacy, communication problems, alcohol and drug abuse, small apartments to live in with In-Laws (Infrastructure challenges), lack of trust, infidelity, adultery, impotency and sexual orientation.
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S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
1. Fulfilment by Registered User/ Consultant - In the event of Client seeking consultation, Registered User/ Consultant has to ensure the quality of the product and as per the requirement of the Client and if its not as per client, it will not be SoOLEGAL’s responsibility and it will be assumed that the Registered User/ Consultant and the Client have had correspondence before assigning the work to the Registered User/ Consultant.
2. Fulfilment by SoOLEGAL - If the Registered User/ Consultant has uploaded the Documents/ Advice in SoOLEGAL Site, SoOLEGAL Authorised personnel does not access such Documents/ Advice and privacy of the Client’s Documents/ Advice and information is confidential and will be encrypted and upon payment by Client, the Documents/ Advice is emailed by SoOLEGAL to them. Client’s information including email id will be furnished to SoOLEGAL by Registered User/ Consultant.
If Documents/ Advice is not sent to Client, SoOLEGAL will refund any amount paid to such Client’s account without interest within 60 days.
3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
4. SoOLEGAL will remit the fees (without any interest) to its Registered User/ Consultant every 15 (fifteen) days. If there is any discrepancy in such payment, it should be reported to Accounts Head of SoOLEGAL (accounts@soolegal.com) with all relevant account statement within fifteen days from receipt of that last cycle payment. Any discrepancy will be addressed in the next fifteen days cycle. If any discrepancy is not reported within 15 days of receipt of payment, such payment shall be deemed accepted and SoOLEGAL shall not entertain any such reports thereafter.
5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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