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On the 1st of May 2017, Partners for Law and Development, a Delhi based organisation submitted their report on a study conducted to evaluate the experience of victims in the criminal justice system. The read more
On the 1st of May 2017, Partners for Law and Development, a Delhi based organisation submitted their report on a study conducted to evaluate the experience of victims in the criminal justice system. The study was titled "Towards Victim Friendly Responses and Procedures for Prosecuting Rape: A study of pre-trial and trial stages of rape prosecutions in Delhi and is extremely informative and enlightening in the thorough nature of its scope and analysis."
The sample size though not representative, allowed a qualitative study, providing a layered understanding of the working of the law vis-a-vis the victims at the trial stage interwoven with perspectives of victims. The study, through observation and interviews, sought to understand the extent to which victim centric guidelines established by the Supreme Court and the 2013 amendments, were reflected in the processes.
The study involved trial observation of 16 rape cases in four special courts of Delhi, interviews with 8 victims, to examine the extent to which the advances in procedural law related to rape cases were being implemented, and how the victims experienced their encounter with the criminal justice system.
It is extremely unfortunate that, after all of the publicity given to the epidemic of rape and sexual violence in India, the protests, and the public will to fight against this practice, the institutions responsible still do not respond as appropriate.
Thus, this study has found that evidence suggests that in some cases, the police sought to discourage the complainant from filing the FIR, and also suggesting a compromise. Complainants also do not consistently receive a copy of the FIR, which is their statutory right.
More shocking are the observations relating to the behaviour of medical professionals in the context of the medical examination.
In the course of the study, the medical examination has emerged as the most problematic aspect of the pre-trial stage, which does not conform to the new ICMR Guidelines. Complainants are not explained the processes involved in the examination, or the purpose behind the tests. This impacts their capacity to give informed consent, even as consent is formally recorded. As a pitfall, it prevents the complainants from bringing attention to injuries and other facts, which feeds into the trial as evidence. While the MLCs do not report conducting 2-finger tests or notings about the victim being ‘habitual to sex’, insinuations about sexual history remain. Some MLCs reflect notings of old tears in the hymen and the absence of injuries, insinuating sexual history and lack of resistance, respectively.
It must be remembered that repeatedly, Judges of the Supreme Court as well as High Courts have denounced such comments and behaviour by medical professionals, and have insisted that no such inferences are to be drawn. This behaviour is a reflection of the deeply embedded patriarchal and contemptuous attitude towards women in our society, and unfortunately permeates through the medical fraternity as well.
An important dimension of the medical procedures is to provide continued treatment for injuries the complainant might have suffered in the assault, and providing counseling in order to cope with trauma. The medical procedures, however, prioritise evidence-collection over these aspects of holistic and reparative justice.
Aside from the medical examination, it is clear that the system provides little to no relief for victims. Complainants experience the need for legal guidance and support, absent which, they go through the distinct processes without information, and with uncertainty and confusion. They are not explained the relevance of the different processes involved, which inhibits their full, informed participation. They encounter obstacles in the most basic processes, such as registering the FIR, or obtaining a copy of it. This lack of information impacts their right to avail of victim compensation, and also their rights through trial.
The idea of crimes being about the State versus the accused was supposed to be about empowering the victim, not leaving them out in the cold. What should the legal fraternity and the State do to correct this horrifying process that victims of rape go through?
South and South East Asia are not exactly known for their human rights records. What makes the situation even more tragic is that ironically, the Asia Pacific is now the only major 'continental grouping' read more
South and South East Asia are not exactly known for their human rights records. What makes the situation even more tragic is that ironically, the Asia Pacific is now the only major 'continental grouping' in the world with no overarching human rights mechanism. This has basically meant that outside of a country's Parliament or their own Courts, people are, essentially on their own. The implications of this for human rights need not be repeated. There are few things more dangerous than absolute power - and in 2017, Asian countries still have complete and absolute power over their citizens.
Is it even worth exploring the idea of a regional human rights system for Asia? This post looks at a few key factors that shapes this discussion.
There is obviously a strong and reinforceable case for a regional human rights mechanism for Asia. But a fact to be noted here is that the current decade is a particularly opportune time to engage in this initiative. Powerful political economies of Asia have grown increasingly resistant to a UN – managed discourse on human rights, accusing it of politicization and of pandering to western oriented concepts. They have also simultaneously indicated a desire to prove that the region’s issues can be effectively managed, without western intervention or assistance. Developments with SAARC, ASEAN, APT (ASEAN Plus Three, including China, Japan and Korea) and EAS (a grouping of 18 Asia-pacific countries), all signal a willingness to treat the region’s problems as part of a collective responsibility and the move towards economic solidarity can be easily capitalized upon to agree upon human rights. I
n this context, an instructive comparison should it be made with the process that led to current African regional integration and their human rights mechanisms. If a nation were to take the lead in this, and push for an Asian regional human rights mechanism, how would that be operationalised? Would it be advisable to simply transpose the laws and obligations that have developed under the international umbrella? Such a process would, however, be unsustainable, since it would still be open to the charge of being based on western values. That is why it is vital, if such an initiative were undertaken, to emphasise the importance of the system being based on an Asian-led process of formulating human rights norms and values.
While the treaty-based system is indispensable, it’s purely legal rhetoric is less persuasive to governments resisting interference in sovereignty and is therefore ineffective. Achieving better human rights enforcement in Asia will require the region to go through its own process of synthesizing human rights norms from the collective consciousness of the region, that it can claim ownership of and locate it as a part of social development. It would also be more beneficial in a region that prides itself on its ancient and varied cultures and civilization, and a societal value system based on cultural norms rather than legal norms.
Kumar Vishvas the controversial AAP party leader was once against in the center of controversy when he used a poem by the erstwhile notable poet Harivansh Rai Bachchan in one of his segments.Last week, read more
Kumar Vishvas the controversial AAP party leader was once against in the center of controversy when he used a poem by the erstwhile notable poet Harivansh Rai Bachchan in one of his segments.
Last week, a song by Mr Vishvas which used as its lyrics a poem by Mr Bachchan's father Harivansh Rai Bachchan was brought to the actor's notice. Mr. Bachchan tweeted to Mr. Vishwas that it was copyright infringement and that 'legal will take care of this' and legal notice was served.
In response, Mr. Vishvas has tweeted that the video is being taken offline and that a sum of Rs. 32 will be paid to Amitabh Bachchan as royalty.
The poem used is titled NeendKaNirmaan, PhirPhir. Kumar Vishvas' song, with the same title as the poem, was uploaded last week on YouTube as part of his programme ‘Tarpan’, from where it was shared with Mr. Bachchan by a fan.
Such instance barely scratches the surface that artists face in India. Before the Copyright Amendment Act, 2012, artists had virtually no rights over their work, lyricist Javed Akhtar, who was then a Rajya Sabha Member, made an impassioned speech about how artists had constantly suffered for decades at the hands of just about everyone and recalled many instances when stalwarts died penniless and in obscurity because of the millions that were rightfully theirs never reached them.
This of course, is another instance where copyright laws is not considered to be a serious issue, even by prominent leaders, who chalk it off as lack of awareness. Many artists and singers are not aware of the copyright boards and the protection offered under the Copyright Act, much less on how royalties work, poets like Kumar Vishvas included.
Protecting your work is up to you. Fluidity in infringing an artist’s right without any assigning any credit, free or royalty exists as a general norm in our country. It is the artists who have to ensure that source of living remains intact. The problem of online is rampant even among the educated youth who obtain pirated movies, songs, books etc. via online streaming.
Awareness about copyright infringement also needs to be accompanied with implications of what the consequences of copyright infringement can be.
There is a segment of viewers who have criticised Amitabh Bachchan for initiating legal action against Kumar Vishvas for using his father’s poem. For his part, Vishwas also believes that he was just being a medium in making the works of great Hindi poets accessible to a newer generation and this is a sentiment that is being echoed by common folk who seem to enjoy Bachchanji’s poetry.
The fact of the matter remains that Kumar Vishvas needs to respect the artist. As an artist himself, and also a social figure, did he not take permission from Bachchanji’s estate to use his works? Of course, it’s fine for Vishvas to say that he got good feedback and appreciation from the families of the other poets that he profiled — but that is a different issue. In art, as in life, one must simply never forget to do unto others as you would have them do unto you.
A huge debate has risen over the phrase: “The Nation Wants to Know”. This also happens to be Arnab Goswami’s catchphrase which he popularized by repeating the words unequivocally during his read more
A
huge debate has risen over the phrase: “The Nation Wants to Know”. This also happens
to be Arnab Goswami’s catchphrase which he popularized by repeating the
words unequivocally during his News Hour debates on Times Now. According
to news reports, Arnab has received a notice from his former employer asking
him not to use the phrase on his news channel Republic TV alleging
that the phrase is their trademark.
It
is to be noted that, Arnab’s new company ARG Outlier Media Private
Limited (“ARG”) has applied for trademark registration of the
phrase the nation wants to know (TM Appl. No. – 3467425) and nation
wants to know (TM Appl. No.– 3467428). On the other hand, Bennett Coleman and Company Limited (BCCL-the
company which owns Times Now News Channel) has applied for
trademark registration of the phrase nation wants to know and
corresponding logo (TM Appl. Nos. – 3434199 and 3434201).
However,
the phrase is likely be rejected on absolute grounds under Section 9(1)(c) of
the Indian Trademarks Act, 1999. As per said section, trademark registration
should be refused if the trademark consists exclusively of marks which have
become customary in the current language or in the bona fide and established
practices of the trade. There is absolutely no doubt that the phrase under
consideration is customary in the current language or in the bona fide and
established practices of the news industry.
Further,
Section 9(1)(c), however, provides an exception, which allows for registration
of such phrases. For such phrases/marks to be registered, the phrase should
have acquired a distinctive character as a result of its usage before the date
of application for registration or the phrase should be a well-known trade
mark. But it can be clearly seen that both the companies haven’t prepared sound
legal strategies for acquiring monopolistic rights over the phrase. The
Application filed by the Times Group states that the phrase is ‘proposed to be
used’, whereas they could easily have claimed prior use to prove their
distinctiveness, or well- known usage, whereas the Arnab’s channel Republic TV is yet to be operational and
hence, obtaining a successful Trademark registration over the said phrase is
equally difficult as ARG Outliner Media Pvt. Ltd. cannot take the benefit under
exceptions to Section 9(1) (c).
It
would, furthermore, be interesting to see as to whether Arnab and Times now
settle this dispute amicably or will we get to see one of the fiercest legal
battles to have taken place throughout the history of this Nation.
BY HON’BLE SHRI JAGDISH SINGH KHEHAR CHIEF JUSTICE OF INDIAAT ALL INDIA SEMINAR OF THE INTERNATIONAL LAW ASSOCIATION ON 8 JULY, 2017 AT India Habitat Centre, Lodhi Road, New DelhiIt is a happiness for read more
BY HON’BLE SHRI JAGDISH SINGH KHEHAR CHIEF JUSTICE OF INDIA
AT ALL INDIA SEMINAR OF THE INTERNATIONAL LAW ASSOCIATION ON 8 JULY, 2017 AT India Habitat Centre, Lodhi Road, New Delhi
It is a happiness for me, to address this valued gathering, for brainstorming, on two key issues of international law - “Permitting audience for foreign lawyers, in Domestic Courts” and the “Hague Rules, and Indian legal scenario – in Child Custody Matters”, at this All India Seminar.
In this ever decrease world of unimagined science and technology, human beings have been compelled to realise, that they share a general future, depending on how they resolve their present problems. International law - given the different histories and cultures of nations, can be a uniting or a dividing force. It is in this context that the two topics selected by the International Law Association can be discussed.
The primary issue:
The Indian legal profession has grown over a short period of less than 70 years… to maybe become the world’s largest, and most significant, in the matter of governance. India has close to 1.2 million lawyers, whose professional conduct is regulated by the Bar Council of India and the State Bar Councils. With the advent of globalization, the legal profession in India, has undergone a major shift during the previous two decades. Economic liberalization has given an opportunity of constant communication with foreign law firms, and an international clientele. As a result, there has been a transfer of knowledge, systems, and practices to Indian law firms, such that, they are able to assume a much larger role in cross-border transactions.
Many countries such as USA, Japan, Australia, even some EU States, have been approaching the Government of India, to seek liberalization of India’s legal services sector. These representations desire market access commitments, under the framework of the General Agreement on Trade in Services (GATS). Till now India, which is a member of the World Trade Organization (WTO) has not given any such commitment. However, foreign governments through representative bodies persist in lobbying for opening Indian legal services to foreign competition. Uniformly staff has been the opposition by the Bar Council of India.
The Advocates Act, 1961, which governs the legal profession in India, does not authorize foreign lawyers to practise law in India. It, however, acknowledges that if some country permits Indian lawyers to practise in its jurisdiction, then lawyers from that country can be granted reciprocal privileges in India.
The issue pointedly cropped up in 1995 when the Lawyers’ group, a legal rights group, moved the Bombay High Court, challenging the right of foreign law firms to practise in India… three foreign firms had received permission from the Reserve Bank of India, to set up a liaison office, for activities in India. The High Court, in Lawyers Collective v. Bar Council of India, disallowed the proposal. The same issue came up before the Madras High Court, in the A.K. Balaji vs Government of India in 2012, but the Madras High Court felt, that there was no bar to prevent foreigners access, either under the Advocates Act, 1961, or the Bar Council of India Rules. The High Court was of the view, that foreign lawyers or law firms could visit India for provisional periods, on a “fly in and fly out” basis, to advise their clients on foreign law. The High Court concluded, that foreign lawyers would not be allowable to practise Indian law, either in relation to litigation or advisory matters, unless they were qualified and were enrolled as advocates in India. The Bar Council of India, assailed this order before the Supreme Court. The Supreme Court directed the Reserve Bank of India not to permit law firms from abroad, to open liaison offices in the country. The bench ordered:
“It is clarified that Reserve Bank of India shall not grant any permission to foreign law firms to open liaison offices in India under Section 29 of the Foreign Exchange Regulation Act, 1973. It is also clarified that the appearance ‘to practice the profession of law’ under Section 29 of the Advocates Act, 1961 covers the persons practising litigious matters as well as non-litigious matters other than contemplated in para 63 (ii) of the impugned order and, therefore, to practice in non-litigious matters in India, the foreign law firms, by whatever name called or described, shall be bound to follow the supplies contained in the Advocates Act, 1961.”
However, the Supreme Court in 2015 decided to grant leave in two appeals against the Madras High Court judgment, and on the same issue arising out of a judgment of the Bombay High Court. In these matters, the Bar Council of India has raised the following contentions:
“In the absence of any rule of reciprocity or the reluctance of foreign lawyers to enroll themselves under the Advocates Act, it is not only infringement of the Act but also their practice is illegal since they would not come under the purview of the corrective power of the regulatory body in India,”…”If they are not enrolled under the Advocates Act, the professional conduct of these foreign lawyers and foreign law firms will go unchecked as there will be no disciplinary authority to exercise control over them”.
Now, it appears that the Bar Council of India and the Society of Indian Law Firms have agreed “in principle” with the government’s proposal to gradually open up the legal sector to foreign players, but insist, that this should be on a reciprocal basis.
The second issue:
The prospect of a nation is its children. Their physical, mental and moral defense cannot be compromised. Those children are worst hit, who see a conflict between their own parents. This malady is on the rise, as we witness an increase in marital discords and a rise in divorce cases. Parental clash in the family is bound to be deleterious for the concerned child. When the disputation turns into a child custody battle, the concerned child is at serious risk. When the child custody fight transcends national boundaries, the welfare of the child suffers, as it gets difficult to decide. The battle line gets entangled in sovereign laws of the individual concerned nations. Even though the only question which arises is - which parent in which country will ensure the best interest of the child. But this question is not simple. It is a cultural question involving ways of life - to which the child is accustomed. It is also an independence question - of the two concerned nations. And a legal question - depending on the concerned system of law, followed by the judicature, before which it arises.
In India, the idea that a parent can abduct his or her own child seems culturally intolerable. Additional, to bring the criminal law of kidnapping or abduction into family fights, is to accelerate a hostile situation, which would directly impact the welfare of the concerned child. A violent marriage, an abusive marriage, a marriage causing a sense of deep hurt… entail differing degrees of distrust and suspicion, these impact even the sense and receptivity of the child. Courts are put in a not easy situation, while deciding custody issues, between different levels of distrust and finding a safe haven, for a child with the singular option… to develop hatred towards one of the parents within the boundaries of the custodial parents’ place of residence.
The Hague gathering, which at present has 95 signatories, aims to protect children from the damaging effects of international abduction by a parent, by encouraging the prompt return of the abducted child, to the country of regular residence. And to organize or secure, the effective rights of access to the child. Custody and visitation matters, it is felt, should generally be decided by the proper court, in the country of the child’s regular residence.
The Gathering on the Rights of the Child of 1989, also reflects the need to come together for the protection of the child, and for every aspect related to children’s benefit. Though this Gathering has not delved into the information pertaining to child custody, as have been dealt by the Hague Gathering of 1980, it weaves an overall matrix with regard to child rights, proposing cooperation at the global level. The Gathering recognises the right of the child, to live with his or her parents, and the need for judicial determination – in the case of separation of parents. The issues’ sensitivity requires States to be obligated, to maintain personal and direct relations with both parents, and thereby, protect and honor the rights of children. The Gathering on the rights of the child, calls upon States to promote the conclusion of bilateral and multi-lateral agreements and to take measures for combating illicit transfer of children – to locations beyond a child’s habitual residence. The Gathering also requires the States to make arrangements, for the return of children to the country of the child’s habitual residence.
After India became a party to the Gathering on the Rights of the Child, concerted efforts have been made in India, to deal with different aspects of child welfare. Positive outcome can be witnessed in legislations like the Juvenile Justice Act (2015), the Protection of Children from Sexual Offences Act (2012), the Prohibition of Child Marriage Act (2006), the Commissions for Protection of Child Rights Act (2005)… and so on. But in terms of existing laws in the area of child custody, the legislative activity has been limited to the domestic sphere like the Hindu Marriage Act, 1955; the Hindu Minority and Guardianship Act,1956 and the Guardians and Wards Act, 1890.
India has not ratified the Hague Gathering for multiple reasons - including the prime one, that it is harmful to Indian women, as there are far more cases of Indian women escaping bad marriages abroad, and returning to the safety of their homes in India; than non-Indian women who are married to Indian men, leaving India with their children. In 2009, the Law Commission of India, headed by former Supreme Court Judge, had submitted a report recommending, that the government ratify the Hague Gathering. In February 2016, the Punjab and Haryana High Court while dealing with a child custody issue, asked the Law Commission of India, to resubmit its recommendations to the Government, with its proposal to sign the Hague Gathering. Based on these recommendations, the Women and Child Development Ministry in June 2016 issued a draft of the Civil Aspects of International Child Abduction Bill, 2016 (and a notice on the bill, No. CW-I-31/59/2016-CW-I of June 22, 2016) which reflected the requirements of the Hague Gathering, and would pave the way for India’s accession to it.
The Law Commission of India has also recently future some modifications in the above-mentioned Bill, and re-named as – “The Protection of Children (Intercountry Removal and Retention) Bill, 2016”. This Bill seeks to address the violation of custody, or access rights by providing for a full-fledged framework. This Bill also provides for constitution of a Central Authority, which will have a major role in discovering the whereabouts of the removed/retained child, and in securing the return of the child, and also, in provisioning for legal aid. It also proposes to empower the High Court to determine the issue of return of the child, despite the lapse of enough time. At the same time, on certain grounds – like objection by the child, or exposure of a child to grave risk etc. the return of the child can be denied.
As of now the void is being taken care of by the Indian judiciary. The Supreme Court of India has consistently held that in deciding cases of child custody ‘the first and dominant consideration is the welfare of the child, and not the rights of the parents under a statute.’ In 1998 in Dhanwanti Joshi v. Madhav Unde, (1998) 1 SCC 112, the Supreme Court held, that since India was not a signatory to the Hague Gathering, it could decide the question of child custody on the merits of the case keeping in view the principle of best attention of the child. This judgment was a departure from the previous approach of the Supreme Court, wherein the small child was returned to the country of habitual residence, or from where he was removed, leaving the matter to the Court of the parent country. The Supreme Court in Mausami Moitra Ganguli vs. Jayanti Ganguli AIR 2008 SC 2262 held, that ‘no statute on the subject can disregard, eschew or obliterate the vital factor of the welfare of the minor’. Recently in Surya Vadanan v. State of Tamil Nadu AIR 2015 SC 2243 the Supreme Court again pronounced the principles that desired to be kept in mind while dealing with inter-country removal and return. These involved the recognition of the principle of ‘comity of courts and nations’ along with the principle of ‘best interest and welfare of the child’. Though governmental efforts have gained momentum in the recent past to fully realize the obligations laid under Article 11 of the UN Gathering on the Rights of the Child, the courts in India are consistently trying to protector the best interests of the child.
It has been claimed that if India becomes a signatory State to the Hague Gathering, it will lead to a less difficult and a more capable process… in addressing the issue of wrongful removal or retention of children.
With these opening explanation, I inaugurate the seminar. I am sure, the deliberations at the seminar will lead to positive suggestions, on these issues.
One June 19, 2017, the Taj Palace Hotel, Mumbai became the first building in India to get a trademark registered for its distinct architecture. The red-tiled Florentine gothic structure has embraced the read more
One June 19, 2017, the Taj Palace Hotel, Mumbai became the first building in India to get a trademark registered for its distinct architecture. The red-tiled Florentine gothic structure has embraced the city of Mumbai since December, 1903; establishing itself as a building of prominence across the globe. This places Taj among the few registered buildings around the globe including the Empire State Building, New York and the Eiffel Tower, Paris.
The Indian Trademarks Act, 1999 defines a trademark as any mark which fulfills the following two conditions-
a.Capable of being represented graphically
b.Capable of distinguishing the goods or services of one person from those of other
The Palace has been represented in the form of graphic images on a number of goods including clothing, souvenirs etc. and has established a distinct status for itself. As stated by Rajendra Misra (VP, IHCL),one look at that property and you know it is the Taj. One doesn’t even need a signboard over there. Thus the image successfully fulfills the pre-requisites under the act and has been granted a trademark under Class 43, i.e“services providing food and drink; temporary accommodation”.
This essentially provides Indian Hotels Company Limited (IHCL), the company that owns Taj complete control over the use, production and distribution of the building’s image. IHCL has the power to do so by i) claiming royalty by anybody who now uses the trademarked image for commercial purposes ii) Obtain relief in the case of trademark infringement
However, this change in the legal status of the building does not restrict its access to the general public in any manner. A tourist continues to enjoy the freedom to use the image for personal purpose and does not restrict its access despite the grant of the trademark rights to IHCL. Section 29 of the Trademarks Act, 1999 states that a registered trademark is said to be infringed when a person not being a registered proprietor or permitted person uses the trademark in the course of trade in a manner likely to deceive general public and cause confusion.
Therefore, an important aspect of trademark infringement is the use of the registered trademark for commercial purposes. A suit of infringement under the act cannot be filed unless the trademark has been used in the course of a trade, thus restricting the rights of the trademark owner.
As a result, one might notice a sharp decline in the local souvenirs and pictures sold around the Palace as an immediate consequence of this change of legal status of the building but it does not in any manner affect the rights of individuals to use it as a personal memoir.
This year, I did not want to serve ‘them’ biryani on Eid. But that is not our ‘tehzeeb’, our culture, my father insisted. So, on June 26, one guest after another – some among them likely BJP voters – read more
This year, I did not want to serve ‘them’ biryani on Eid. But that is not our ‘tehzeeb’, our culture, my father insisted. So, on June 26, one guest after another – some among them likely BJP voters – visited us and relished the biryani, the qorma, and the kebabs. This, as the image of Junaid haunted me – his body soaked with blood, after he was lynched in front of a silent, complicit crowd of 200 in a train in Delhi.
Our guests on the day of Eid had absolutely nothing to do with what Junaid suffered, and I hate and condemn myself for resenting them. This wasn’t me. This isn’t me. And I wonder at the distance my heart has travelled from exactly a year ago, when I would be filled with excitement at our whole family preparing dishes for our Hindu guests (we have no Muslim guests for Eid as they are busy in their homes). Not too long ago, when I used to work in Delhi, I would sometimes carry a pot of biryani from Lucknow after Eid for my non-Muslim colleagues and friends. The sight of Hindus enjoying Mughlai/Awadhi cuisine at Karim’s in Delhi or Tunday Kababi in Lucknow swelled me with pride at our Ganga-Jamuni culture.
So, why did I now begin to resent a woman with a bindi on her forehead or a man with a kalava tied to his wrist enjoying a kebab at Tunday Kababi? Because I suspect he/she hates me. Hates my people. Hates the Muslim owners and cooks of Tunday even though he/she loves their food. Loves it that they had to shut shop during the crackdown on meat suppliers in UP. Loves it when the business of Muslim butchers is stifled even though he/she buys meat from them. Hates my co-religionists who wear topis and grow beards. Loves it when they are lynched in trains, in the fields, on the highway, inside their homes. Hates women who wear burkhas but pretends to support them on triple talaq. Shares fake videos about ‘evil’ Muslims on WhatsApp. Rejoices at the arrest of 15 Muslims after India’s loss to Pakistan in a cricket match on the basis of a false complaint.
No, I don’t hate them. They hate me. I am only angry they hate me. And I resent them for their hatred towards me. They pretend to fear me and my people, but in reality, it is I, and my people, who fear them. We are 14 per cent, they are close to 80, so we are the ones surrounded by the mob. And I fear that in their hatred, they will support the mob if it lynches yet another Muslim. Or, they will vote for a party that felicitates the killers or those who incite them to such murders by giving them Z-Security or a ticket to contest elections. I dread the plans that such parties may have already drafted for late 2018 or early 2019, a few months before the next general elections.
These fears are not exaggerated or unfounded. Between Akhlaque in 2015 and Junaid in 2017, each time a Muslim has been lynched in this country, every other Indian Muslim has died a slow death. The death of her confidence in the State which is supposed to protect her but doesn’t, the death of her trust in fellow countrymen who keep voting for the unabashedly anti-Muslim BJP, the death of her will to dispel the fears of the majority, and assure them that she is not the ‘other’, the ‘enemy’, but as Indian or even as human as they are.
I am acutely aware that not every Hindu is a supporter of Hindutva. His vote for the BJP could be based on promises of vikas, or the incompetence of other parties. As a Muslim, I am painfully aware of the pressure of stereotyping. I have lost count of the number of times I have asked non-Muslims to look at me, at their Muslim neighbours, friends and co-workers, at their Muslim tailors, at Muslim actors and filmmakers to clear their misconceptions about us being terror sympathisers.
So, when my mind slips into the realm of stereotyping, I pull it back and look at my Hindu neighbour whose NGO employs underprivileged Muslim women, at my Hindu cook who did not take a single day off during Ramzan and would prepare iftaar for us, at the Hindus who helped me put together an art exhibition I recently curated, at my former Hindu colleagues who supported me when I was going through a rough patch, at my Facebook newsfeed filled with posts by liberal Hindus denouncing cow terrorism, at the writers who returned their awards to protest against Akhlaque’s killing in 2015, at the recent Not In My Name protests triggered by Junaid’s murder.
The mind of an ordinary Indian Muslim like me is caught in a constant tug-of-war – pulled by fear on one end, and by hope on the other. When my heart sank at the killing of Junaid, a faint glimmer of hope also emerged. The outraged liberal, secular Hindu got out of his social media mode and onto the streets to protest the lynching of Muslims being carried out in his name, under the banner ‘Not In My Name’. It was a reassuring moment for the besieged Indian Muslim, and she wholeheartedly supported it, joining in the protests, much like American Muslims who joined the Whites in the ‘IamMuslim’ protests in the US following Trump’s ‘Muslim ban’.
The next day, the Prime Minister disapproved of killing in the name of the cow. But a few hours later, another Muslim, Alimuddin Ansari, was lynched in the name of the cow in Jharkhand. He was violently thrashed and his face held up in front of the camera — as if it were a trophy — before his killers dealt him the final deathblows. The incident has strengthened the pull of fear against the pull of hope in the mental tug of war for the Muslim.
When a community is alienated and demonised consistently, its members often just retract to their shells. Most Muslims fear expressing themselves freely on social media, and avoid political discussions in offices, RWA meetings and kitty parties, and some are even wary of carrying non-vegetarian food on trains. When we drive past cows roaming the streets of Lucknow, we are careful not to get too close. No, we are not a paranoid family. Other Muslims have expressed similar caution. A Hindu can afford to slouch in his seat if the National Anthem is being played in a cinema hall, but remember how a Muslim family was forced out of a theatre in Mumbai for allegedly doing the same?
The Indian Muslim is dealing with a silent, undeclared psychological war that the State has unleashed on it. This war’s strategy is clear: Demonise the Muslim in the mind of the Hindu in some form or the other – the cow-eater, the ‘love jihadi’ on the prowl for Hindu girls, the anti-national who won’t chant ‘Bharat Mata ki jai’, the monstrous husband who divorces his wife via instant triple talaq, the descendant of the ‘rabid anti-Hindu’ ruler Aurangzeb, etc. Use chest-thumping TV anchors and fake videos on WhatsApp to set the discussions for the living rooms of the urban Hindu, or the chaupals of the rural Hindu. The overwhelming majority of Hindus is peace-loving, so it will react by keeping distance from the “horrible Muslims” and vote against “pseudo-secular” parties. But the violent, jobless youth may catch hold of a Muslim farmer, or a young boy wearing a topi, and beat him to death. That these youths are glorified as ‘gau rakshaks’ and not penalised emboldens them.
But cleverly, such murders are not done together at one time and at one place. As Pratap Bhanu Mehta wrote in The Indian Express, ‘A big riot would concentrate the mind, make a damning headline. A protracted riot in slow motion, individual victims across different states, simply makes this appear another daily routine.’ Once the Muslim has been demonised, corner him further. Don’t wish him for Eid. Boycott the iftaar held by the President. Shame him for not saying ‘Bharat Mata ki Jai’ (sorry, the Urdu ‘Hindustan Zindabad’ doesn’t work), and do politics over yoga-namaaz, Ramzan-Diwali, shamshaanghaat-qabristaan. Send the message loud and clear to the Muslim: ‘You, your vote don’t matter.’ And send the message to the Hindu: ‘Muslims have been finally shown their place after 1,000 years of subjugation of Hindus by Muslim rulers. You have won. You are safe.’
Thus, the mind of the majority, the Hindus, is quietly and successfully diverted from the real issues that matter to them as Indian citizens — development, jobs, investments, ‘achche din’. No chest-thumping TV anchor shouts down panellists over the lack of jobs. Everyone is only talking cows, beef, and triple talaq. The diversionary tactics of the State have also taken away the mind of the Muslim from what matters to him as an Indian citizen – development and jobs. All that matters to the Muslim now is his right to a life of dignity and safety, one that is led without fear. Something the ‘New India’ is snatching away from him.
After Taj Mahal Palace acquiring an Image Trademark, now symbolic blue striped white cotton sari worn by Mother Teresa has been trademarked by the Missionaries of Charity. The use of the trademark read more
After Taj Mahal Palace acquiring an Image Trademark, now symbolic blue striped white cotton sari worn by Mother Teresa has been trademarked by the Missionaries of Charity. The use of the trademark makes the pattern prohibited for any financial use in stationery, textiles, social and charitable services.
The application to Trademark the famous uniform was made in December 2013 and the patterns were declared a Trademark in 2016, 10 months before Mother Teresa was declared a Saint by the Pope.
Several incidents of people profiting from the products using the pattern made the organisation take a stand. In one incident, somebody misused the trademark and received money from a donor in Mumbai. There are also people selling mementos and memorabilia with the Trademark and buyers feel that the proceeds are going to the Missionaries of Charity.
The simple motive behind acquiring this Trademark was to protect the identity of the organisation. Mother Teresa had bought the plain white, blue-patterned saris from M. G. Road in Kolkata in 1948. The border of the sari had two small blue stripes followed by a wider stripe. She got it blessed by Father Van Exem at the Sacristy of the Convent Chapel. Similar kinds of saris are now woven by leprosy patients of the Gandhiji Prem Niwas and are worn by nuns across the world.“It is important to note that Mother Teresa, before her death, had issued directives that her name should not be exploited for commercial purposes. Nor did she wish to be institutionalized.
To fulfil her wish, we conceptualized the idea of
protecting the distinctive blue pattern on the white saris worn by the nuns of
Missionaries of Charity, under Intellectual Property Rights. Missionaries of
Charity will have the exclusive right to use the said blue pattern… It is the
first time ever that a Uniform has been protected under Intellectual Property
Rights,” said Advocate Biswajit Sarkar who was working with the Missionaries of
Charity. Such unscrupulous and unfair usage of the said blue pattern was very
rampant across the globe. Now that this has been protected under the
Intellectual Property Laws (Trade Mark Act-1999), such unfair usage can be
stopped.
Supreme Court of India reopens Tomorrow- on July 3, Monday- after a 45 day summer break to a packed schedule. Following are the main issues of public interest coming up in the immediate future: NEW read more
Supreme Court of India reopens Tomorrow- on July 3, Monday- after a 45 day
summer break to a packed schedule. Following are the main issues of public
interest coming up in the immediate future:
NEW ATTORNEY GENERAL OF INDIA : Senior advocate and constitutional expert K K Venugopal , who was appointed the 15th Attorney General for India on Friday, appears for the Government of India will be keenly watched. The 86-year old is expected to bring a wealth of experience and legal gravitas to defend the Centre’s policies in constitutional courts. Venugopal’s name was cleared by Prime Minister Narendra Modi immediately after he returned from the US and the proposal received President Pranab Mukherjee’s assent. Venugopal will succeed Mukul Rohatgi, who after a three-year stint as the country’s top law officer, wanted to return to private practice. Venugopal, who was an additional solicitor general in 1977, returns as a law officer after four decades.
THE BIG TRIPLE TALAQ JUDGMENT: The most eagerly
awaited. After six days of continuous hearing, the constitution bench of the
Supreme Court headed by Chief Justice J S Khehar had on May 18 reserved its
verdict on several petitions which challenged the constitutional validity of
triple talaq.
During the hearing the CJI had repeatedly asked ” can what is sinful in the
eyes of god be lawful?. If god considers it a sin it cant be legal.
Can it be? We are just asking”. Justice Kurian Joseph echoed the same question
rephrasing it a bit asking: “is something is Islamically abhorrent, sinful or
under any religious law it is distasteful, can it be validated by law made by
man?” Senior lawyer Kapil Sibal for the AIMPLB had in his concluding remarks
compared Muslim community to “ small birds on which the Golden Eagle preys” and
said the “community’s nests must have the protection of the Supreme
Court”. Sibal said “it is that faith with which the community is
today before the court seeking protection of its personal law customs and
practices”. Sibal said “Muslim community faith in Supreme Court
for last 67 yrs is fundamental and it is this faith that makes the
country vibrant”.
In a last ditch effort to evade a harsh order, the Muslim Board also filed an affidavit saying it would issue an advisory to ‘Qazis’, requesting them to advice the bridegrooms against resorting to triple talaq to annul their marriage. The Board also decided that those who resort to triple divorce in one go leading to the creation of problems thereafter should be boycotted by the Muslims.
KARNAN’S MERCY PLEA: Jailed former Calcutta High Court judge C S Karnan is expected to approach Chief Justice J S Khehar led bench again immediately after the vacations seeking relief. On June 21 a vacation Bench of Justices D Y Chandrachud and S K Kaul refused to entertain Karnan’s plea seeking interim bail and suspension of the six-month sentence awarded to him for contempt of court. They said the court was bound by the order of the seven-judge Bench on the case and suggested that he mention the matter before a Bench of the Chief Justice. “Only the special bench concerned” could hear the plea, the judges said.
PLEAS CHALLENGING CATTLE SALE BAN NOTIFICATION: After the All India Jamiatul Quresh Action Committee’s plea on which the apex court issued notice to the Centre, one m ore petition has been filed in the apex court the May 25 Central notification, banning sale and purchase of cows and buffaloes at animal markets for slaughter. The fresh petition on the issue filed by the All India Kisan Sabha (AIKS) , a major Left farmers body backed by the CPI(M) said the Centre’s notification banning sale and purchase of cattle from animal markets for slaughter violates fundamental rights of states and individuals, including the right to practice religion. The AIKS has contended that the notification allegedly violates several fundamental rights of individuals and states, including right to practice religion and free movement of goods The notification would also hamper the economic interests and livelihood of farmers, dairy farmers, cattle traders and businessmen, the farmers’ body has argued. Referring to the recent spate of attacks on Dalits and minorities allegedly by cow protection vigilante outfits, the AIKS has said that the notification strengthens the hands of those who are leading such assaults.The Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017, issued by the Ministry of Environment, Forests and Climate Change, allows only farmland owners to trade at animal marketsThe notification covers bulls, bullocks, cows, buffaloes, steers, heifers and calves, as well as the camel trade. They also require anyone purchasing cattle to provide an undertaking that the animals are bought for agricultural purposes and not slaughter.
WHATSAPP CASE: A five-judge constitution bench of the Supreme Court may soon start examining the privacy policy of instant messaging service Whatsapp which has come under challenge on the ground that it allegedly infringed on the fundamental rights. The matter was listed before the summer vacation bench but did not however kick off. The matter would be heard by a bench comprising Justices Dipak Misra, A K Sikri, Amitava Roy, A M Khanwilkar and M M Shantanagoudar. The Centre on April 27 had told the bench that a “regulatory regime” for data protection was in the offing as an individual’s freedom of choice needs to be protected. The government’s submission had come after the constitution bench had asked it to clarify its stand on the issue.
AADHAAR MATTER: The Supreme Court had way
back on August 11, 2015 referred to a Constitution Bench a batch of
petitions challenging the Centre’s ambitious scheme to provide Aadhaar card to
all citizens and decide whether right to privacy is a fundamental right.
Allowing the Centre’s plea, a three-judge bench comprising Justices J
Chelameswar, S A Bobde and C Nagappan, framed various questions, including as
to whether right to privacy is a fundamental right, to be decided by the larger
Constitution Bench.
Meanwhile recently the Supreme Court upheld the law making the UID number a
must for filing income tax returns and its linkage to PAN card. A bench of
Justices A K Sikri and Ashok Bhushan, in a 155-page judgment, ruled: “We hold
that Parliament was fully competent to enact Section 139AA of the I-T Act and
its authority to make this law was not diluted by the orders of this court.”
However, it clarified that “those assessees who are not Aadhaar card holders
and do not comply with the provision of Section 139(2), their PAN cards be not
treated as invalid for the time being”. This means that those who have a PAN
but have not yet got Aadhaar can still file their income tax returns this year.
Meanwhile the bench sent a fresh plea challenging the Aadhaar Act and mandatory
use of the unique identification number in at least 17 government schemes to a
larger Constitution bench.
PETITIONS CHALLENGING HIGHWAY LIQUOR BAN: Petitions from various states, hotels and bar owners are pouring in the apex court seeking modification of its March 31st order banning sale of liqour within 500 meters of national and state highways. They are likely to be heard any time soon. Hoteliers and club owners had filed review petitions in the top court seeking modifications and exemption to the March 31 order, which has forced several establishments across the country to stop serving alcohol to guests. The ban was aimed at preventing road accidents due to drunken driving. The court heard the review petitions from Chennai-based hotels and club associations.States like Arunachal Pradesh had also petitioned the apex court seeking exemptions.The court had exempted Sikkim and Meghalaya from the ban in view of their topography and terrain. Certain amendments made by the Punjab government to circumvent the court order is also likely to be challenged.
ASSAM MIGRANTS ISSUE: Was listed for vacation but was not taken up. Supreme Court is likely to commence hearing to examine the constitutional validity of various aspects of a provision of the Citizenship Act 1955, including the cut-off date for awarding citizenship to Bangladeshi immigrants in Assam. A five-judge bench headed by Justice Madan B Lokur had said it would deal with 13 questions related to the constitutional validity of section 6A of the Act, which were referred to it for consideration by a two-judge bench in December 2014.Section 6A of the Act relates to special provisions for citizenship of persons covered by the Assam Accord, which was a memorandum of settlement signed between representatives of the Centre and the leaders of Assam movement in August 1985.
MEMORANDUM OF PROCEDURE: The issue of the much-awaited memorandum of procedure for appointment of judges to Supreme Court and High Courts is bound to come up before the court in some form or other. Left to take the ultimate call, the Narendra Modi government, according to some reports is in a fix over settling the “final” draft
In March, the Supreme Court collegium, headed by Chief Justice of India J S Khehar, sent its “final” version of the MoP to the government but the Prime Minister’s Office (PMO) is still to make up its mind and communicate the way forward to the Law Ministry.
The dilemma was triggered by the latest draft, which underlined that the collegium would not make any further changes in it. A note, sent along with the draft MoP to the Union Law Ministry, conveyed it unequivocally that no room for further negotiation was left as far as contentious clauses were concerned and that it was now for the government to take a call.
CJI KHEHAR’S RETIREMENT ON AUG 27 : Chief Justice J S Khehar will retire on August 27 and the second senior most judge Justice Dipak Misra is expected to become the next Chief Justice of India. The orders- both on administrative and judicial side which CJI Khehar will pass in the 54 days he will remain in office will be a point of interest. The triple talaq judgment is to be delivered by a bench headed by him. The Highway Bar matters and justice Karnan case is also before the bench headed by him. CJI Khehar has tried his best to reduce the pendency in the Supreme Court by banning adjournments, unless urgently required and imposing heavy costs on those filing frivolous petitions. The court is also at present hearing fresh matters on all days. There is no such thing as miscellaneous days and non-miscellaneous days like earlier days. Taking on congestion in the apex court, a long standing problem, he has ensured the Supreme Court will be roomier when it reopens after 45-day summer break on July 3 as it will add four
Source: LiveLaw
The government has made it mandatory to link existing Aadhaar numbers with PAN of taxpayers with effect from July 1. The Income Tax Amendment Rules [Income –tax (17th Amendment) Rules, 2017] which makes read more
The government has made it mandatory to link existing Aadhaar numbers with PAN of taxpayers with effect from July 1. The Income Tax Amendment Rules [Income –tax (17th Amendment) Rules, 2017] which makes quoting Aadhaar mandatory for PAN Application from July-1, has been notified.
As per the amended sub-rule 5 of Rule 114, from 01.07.2017, for a PAN card application in 49A, the Aadhaar Number must be quoted. In case the Aadhaar number has not been allotted, then the Aadhaar enrolment number must be provided.
Amended sub-rules 5 and 6 of Rule 114 reads as follows;
“(5) Every person who has been allotted permanent account number as on the 1st day of July, 2017 and who in accordance with the provisions of sub-section (2) of section 139AA is required to intimate his Aadhaar number, shall intimate his Aadhaar number to the Principal Director General of Income-tax (Systems) or Director- General of Income-tax (Systems) or the person authorised by the said authorities.
(6) The Principal Director General of Income-tax (Systems) or Director- General of Income-tax (Systems) shall specify the formats and standards alongwith procedure, for the verification of documents filed with the application under sub-rule (4) or intimation of Aadhaar number in sub-rule (5), for ensuring secure capture and transmission of data in such format and standards and shall also be responsible for evolving and implementing appropriate security, archival and retrieval policies in relation to furnishing of the application forms for allotment of permanent account number and intimation of Aadhaar number”;
Finance Minister Arun Jaitley through an amendment to tax proposals in the Finance Bill for 2017-18 had made Aadhaar mandatory for filing income tax returns and provided for linking of PAN with Aadhaar to check tax evasion through use of multiple PAN cards. Section 139AA was inserted to the Income Tax Act which mandates quoting of Aadhar number for filing income tax returns and applying for PAN from 01.07.2017 onwards. In Benoy Viswam Case, the Supreme Court upheld the constitutional validity of the aforementioned provision. However, the operation of the provisions was partially stayed till a verdict is delivered by the constitutional bench and noted that those who do not have an Aadhar card are not mandated to apply for one till the Bench delivers a verdict. However, the Court also noted that those who do have an Aadhar card must link it to their PAN card.
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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