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Jammu and Kashmir has “no vestige” of sovereignty outside the Indian Constitution and its own, while the citizens of the state are “first and foremost” citizens of India, the Supreme read more
Jammu and Kashmir has “no vestige” of sovereignty outside the Indian Constitution and its own, while the citizens of the state are “first and foremost” citizens of India, the Supreme Court has held.
The apex court observed this while terming as “wholly incorrect” the conclusion arrived at by Jammu and Kashmir high court which had held that the state has “absolute sovereign power” to legislate laws touching the rights of its permanent residents regarding their immovable properties.
“The state of Jammu & Kashmir has no vestige of sovereignty outside the Constitution of India and its own Constitution, which is subordinate to the Constitution of India,” a bench of Justices Kurian Joseph and R F Nariman said.
“It is therefore wholly incorrect to describe it as being sovereign in the sense of its residents constituting a separate and distinct class in themselves. The residents of Jammu & Kashmir, we need to remind the High Court, are first and foremost citizens of India,” it said.
The apex court said this while holding that provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) are within the legislative competence of Parliament and can be enforced in Jammu and Kashmir.
The bench set aside the verdict of Jammu and Kashmir high court that had held that any law made by Parliament, which affects the laws made by state legislature, cannot be extended to Jammu and Kashmir.
“The HC judgment begins from the wrong end and therefore reaches the wrong conclusion. It states that in terms of Section 5 of the Constitution of Jammu & Kashmir, the state has absolute sovereign power to legislate in respect of laws touching the rights of its permanent residents qua their immovable properties,” the apex court said.
It further said, “We may also add that permanent residents of Jammu & Kashmir are citizens of India, and there is no dual citizenship as is contemplated by some other federal Constitutions in other parts of the world”.
The apex court judgement came on the appeal by State Bank of India (SBI) against the high court verdict which had held that the SARFAESI Act would collide with the Transfer of Property Act of Jammu & Kashmir, 1920.
SARFAESI is an enactment which entitles banks to enforce their security interest outside the court process to take possession of secured assets of the borrower and sell them outside the court process.
Source: HT
2016 law firm salary surveys bonanza: Find out if you're over- or under-paid One thing is for sure: There is no gold standard in law firms when it comes to how much you get paid read more
2016 law firm salary surveys bonanza: Find out if you're over- or under-paid
One thing is for sure: There is no gold standard in law firms when it comes to how much you get paid

Please hover over each line in the chart to see individual figures according to each recruiter (click here to view larger version of chart in new window).
The range of salaries at India's law firms is wider than ever, with even a 10-year PQE (post qualification experience) lawyer on remuneration (including bonuses) potentially ranging all the way from Rs 25 lakh per annum to Rs 200 lakh, according to salary data from four legal recruitment consultants compiled by Legally India.
According to data from recruiters Aquis Search, Legal League Consulting, Michael Page and Vahura, even for entry level lawyers who just graduated from college there is a wide potential range from between Rs 5 lakh per year (Legal League figures) to Rs 18.2 lakh (Aquis figures).
(See previous surveys of starting salaries here).
Each recruiter has reflected ranges of salaries for ranges of several years of seniority, which means that the numbers for each point of seniority are a little fuzzy.
Also, in light of the wide ranges, especially between different recruiters' assessments of the market, no figure in isolation should be taken as gospel.
There is also the fact that recruiters' maximum recorded salaries are likely to be higher than average, because job moves with the largest salary hikes could be down to only a few top performers, who are relative statistical outliers.
However, when combined as in the chart above, this gives an amalgamation of indicative, average ranges.
Our previous in-house salary surveys in 2011, in 2011 and 2012 had revealed a similarly large divergence of figures between firms, often even within the same firms.
(see full tabulation of our 2012 data at the bottom of this article, or click here for the full story and graphic from 2012).
Versus 2012: Top end appears to have sky-rocketed (or is it the recruiter effect?)
We have also compared Legally India's 2012 survey of tier 1 and 2 firms, and the 2016 recruiters' data, which suggests that at the more senior end of the market, remuneration has more than doubled.
However, it is difficult to infer precise pay increases across the board from this, due to the time elapsed, the different methodologies used, and recruiters usually being involved in placing candidates with pay-hikes.
That said, according to the data, it appears that maximum salary ranges have increased in the last four years across the board from between around 20% to 40%, particularly at the more senior levels:
|
PQE
|
2012 (maximum) |
2016 (approximate maximums) |
|
0 |
15 |
18.2 |
|
1 |
16 |
22 |
|
3 |
18 |
26 |
|
4 |
20 |
34 |
|
5 |
23 |
40 |
|
6 |
38 |
65 |
|
7 |
55 |
80 |

Mumbai-Delhi divide
Legal League and Michael Page have also broken their figures down by city.
On average, according to Legal League's figures, Mumbai law firms pay around 10% more than firms in Delhi, while according to Michael Page, the difference can be around 20%.
Legal League had also divided its figures between what it calls tier 1 and tier 2 law firms, which suggest that tier 1 firms pay between 30% and 50% more than tier 2 firms.
Full tabulation of all recruiters original figures below, in alphabetical order.
|
PQE |
Designation |
Law firms Delhi/Mumbai (Rs lakh) |
|
0 |
Entry Level Associate |
11.2 - 18.2 |
|
1-2 |
Associate |
14.4 - 22 |
|
2-3 |
Associate |
17.4 - 26.4 |
|
3-4 |
Associate |
19.8 - 34 |
|
4-6 |
Senior Associate |
28.6 - 52 |
|
6-8 |
PA / MA |
44.2 - 80 |
|
8-12 |
Salaried/Retained/Associate Partner |
70 - 200 |
|
PQE |
Designation |
Tier 1 law rms Delhi (Rs lakh) |
Tier 1 Mumbai |
Tier 2 law rms Delhi |
Tier 2 law rms Mumbai |
|
0-5 |
Associate |
8-24 |
9-25 |
5-15 |
7-16 |
|
5-8 |
Senior Associate |
18-55 |
22-60 |
14-25 |
16-28 |
|
8-12 |
PA/Counsel/MA/ Partner |
55-70 |
55-75 |
25-40 |
28-45 |
|
10+ |
Partner |
65-100+ |
70-120+ |
40-65+ |
45-90+ |
|
|
Law rm Delhi (Rs lakh) |
Law rm Mumbai (Rs lakh) |
|
3-5 |
12-20 |
12-25 |
|
5-10 |
20-60 |
25-75 |
|
10-15 |
60-100 |
75-120 |
|
15+ |
100++ |
120++ |
|
PQE |
Law rms (Rs lakh) |
|
1-3 |
9.5 - 25.4 |
|
3-5 |
19.8 - 43 |
|
5-8 |
35 - 72 |
|
8-10 |
62 - 110 |
|
10-15 |
90 - 175 |
|
15+ |
120 - 250 |
Via survey of 400 lawyers in early 2012.
|
PQE |
Tier 1 Remuneration (incl bonus, Rs lakh) |
Tier 2 remuneration (incl bonus, Rs lakh) |
|
0 |
12-15 |
9-11 |
|
1 |
13-16 |
10-13 |
|
2 |
15-18 |
11.5-15 |
|
3 |
17-20 |
13.5-17 |
|
4 |
18-23 |
15-20 |
|
5 |
20.5-30 |
17-25 |
|
6 |
22-38 |
19-30 |
|
7 |
24-55 |
22-40 |

Source: Legally India
Author : kianganz
Salaries of SC, high court judges may go up frm : Times of India PTI, Dec 15, 2016, 07.18PM IST NEW DELHI: Supreme Court and high court judges may soon get a fatter pay packet as the read more
Salaries of SC, high court judges may go up
frm : Times of India
PTI, Dec 15, 2016, 07.18PM IST
NEW DELHI: Supreme Court and high court judges may soon get a fatter pay packet as the government is likely to bring a bill in this regard in the next session of Parliament.
Chief Justice of India T S Thakur had recently written to the government seeking a hike in salaries of Supreme Court and high court judges.
Sources in the government said the issue is under active consideration and a bill to amend The High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act may come up in the Budget session of Parliament which may begin in the first week of February next.
While the sources refused to share details of the quantum of hike sought by the CJI, they said to affect the pay hike, the Act has to amended.
As the winter session of Parliament is coming to an end on Friday, they said the bill would now come up in the Budget session.
A Supreme Court judge at present gets Rs 1.5 lakh a month in hand after all deductions from salary and allowances. The CJI gets a higher amount than this, while the judges of the high court get a lesser amount. This amount does not include the rent-free residences provided to the judges while they are in service.
After the recommendations of the Seventh Pay Commission, the matter was already under the consideration of the government.
Court passes landmark judgement to combat drug abuse among children TNN, Dec 15, 2016, 06.21PM IST CHANDIGARH: The Supreme Court on Thursday asked the Central government to curb the rising read more
Court passes landmark judgement to combat drug abuse among children
TNN, Dec 15, 2016, 06.21PM IST
CHANDIGARH: The Supreme Court on Thursday asked the Central government to curb the rising menace of drug, alcohol abuse among children and by formulating a national action plan for combating its harmful impact on children, while hearing a petition by Bachpan Bachao Andolan. The petition stated that due to inaction and non-compliance of the government's action plan for reduction in drug demand and supply, the fundamental rights of children across the county are being violated.
Bachpan Bachao Andolan (BBA) is India's pioneering grassroots movement for child rights, founded by Nobel Peace Laureate Kailash Satyarthi in the year 1980.
The bench of Chief Justice TS Thakur and Justice DY Chandrachud passed the landmark judgment directing the government to "Formulate a national policy on drug and substance abuse within six months." It also directed the government to set up de-addiction centres in every district and conduct a national survey for preparing database on drug and substance abuse among children in the country.
Senior Advocate HS Phoolka, who appeared in this case on behalf of Bachpan Bachao Andolan said, "the petition was filed to ensure that the government of India takes proactive steps to curb the menace of drug abuse and to extend protection to children who are vulnerable. This crucial judgment will ensure that children are provided with a better, more healthy childhood."
Kailash Satyarthi, Founder BBA, responded to this judgment saying that, "Trafficking and drug abuse, inherently linked to each other, are the most prevalent forms of organised crime in the world that violate the fundamental rights of our children. I welcome this landmark judgment by the Hon'ble Court, and believe that it will go a long way in building a safer environment for our children."
Society, school and parents must come together to tackle violation of child rights especially child sexual abuse in areas of community within their reach. It is a collective responsibility and action must be taken against drug mafia and for their rehabilitation."
The Supreme Court Thursday upheld sacking of an Air Force man for keeping long beard and said that armed forces’ regulations are meant to ensure discipline and uniformity. A bench led by Chief Justice read more
The Supreme Court Thursday upheld sacking of an Air Force man for keeping long beard and said that armed forces’ regulations are meant to ensure discipline and uniformity.
A bench led by Chief Justice of India T S Thakur added that regulations do not interfere with religious rights of individuals and that they have the sanctity of ensuring discipline.
Discharged from service, petitioner Ansari Aftab Ahmed had asserted sporting beard as a facet of his fundamental right to freedom of religion, and seek equality with Sikhs, who are allowed to sport unshorn hair and turban. Advocate Irshad Hanif urged the court to fix a date of final hearing on a batch of petitions filed by the Muslim personnel, who had either been thrown out of service or faced disciplinary action for sporting beards.
Ansari was discharged from service by IAF in October 2008 while his petition was still pending before the top court. The court had issued notices to the government and the IAF in 2008.
In the same year, two more petitions were filed on the issue — one by a fellow IAF personnel and another by a Maharashtra policeman.
In its response, the IAF told the court: “All Muslims do not carry beard. The practice of growing and keeping beard is optional and sporting a beard is not universally recognised in the religion of Islam. Therefore, it cannot be said that Muslim religion prohibits the cutting of hair or shaving of the face of its member.”
But later that year, then defence minister A K Antony said the UPA government did not want Muslim personnel to suffer and that his ministry was issuing instructions to armed forces telling them not to act against a Muslim jawan or officer for sporting beard.
In October 2009, the UPA government told the court that it was taking a fresh look at the issue. However, two months later, it backtracked and informed the court that the government and the IAF would “contest the petitions” by Muslim personnel rather than allowing this concession.
In December 2009, the court listed the cases for final hearing and ordered expediting the matter. With the matter yet to come up for hearing, Ansari sought an urgent listing of the matter.
Currently, the defence ministry’s policy of “hair, beard and wearing turbans” as notified in 2003 is in force. It says: “Only those Muslim personnel, who had kept beard along with moustache at the time of commissioning /enrolment prior to 01 Jan 2002, would be allowed to keep beard and moustache… Muslims who have grown beard after joining service should shave off the beard. Under no circumstances, a Muslim person who had beard at the time of joining service before 1 Jan 2002 shall be allowed to maintain beard without moustache. Moustache would be a part of the beard.”
The two previous regulations were issued in 1980 and 1999.
Source: The Indian Express
Liquor shops will not be allowed on highways from April 2017, the Supreme Court said today. The license of existing shops will not be renewed. Liquor shops must be at least 500 metres away from state read more
Liquor shops will not be allowed on highways from April 2017, the Supreme Court said today. The license of existing shops will not be renewed. Liquor shops must be at least 500 metres away from state and national highways, said the court, and ordered that liquor banners and ads be removed.
As the Ministry of Finance (MoF) and Reserve Bank of India (RBI) have not deemed it fit to clarify anything as such officially, it can safely be assumed that this is merely speculation. After rumors of read more
After rumors of GPS chip embedded in the new currency notes of Rs 500 and Rs 2,000 went viral, now a new angle has emerged about radioactive ink being used in these notes. The latest rumour doing the rounds on internet and WhatsApp is about the presence of radioactive ink in the new currency notes of Rs 500 and Rs 2000.
It is said that P32 is a radioactive isotope of phosphorus consisting of 15 protons and 17 neutrons which are used in the radioactive ink in minimum quantity. It is used like a radioactive warning tape. So according to it, whenever a huge lot of currency is amassed at a suspected place, the radioactive indicator in the currency indicates it.
For those who don’t know, when these notes were introduced initially, there was much talk about the notes and that they were leaking color. But then later the government confirmed that the new currency notes, just as the old ones, will lose colour if rubbed with a piece of wet cloth or when immersed in water because that’s the nature of the dye used.
Source: The Financial Express
Five members of the Indian Mujahideen, a banned terror outfit, were convicted in the Dilsukhnagar twin blasts case of 2013 here on Tuesday. The associates of the first accused, Mohammed Riyaz alias Riyaz read more
IM members detonated two Improvised Explosive Devices (IEDs) on February 21, 2013 almost simultaneously near the bustling Dilsukhnagar bus stop killing 21 people, and injuring 107.The first IED blew up around 7 p.m. near 107 bus-stop. Even as horrified people ran helter skelter in the chaos that followed, another bomb went off near A1 Mirchi centre, a stone’s throw away.The first blast was under Malakpet police station area of Hyderabad Commissionerate and the second in Saroornagar police station of Cyberabad (now Rachakonda) Commissionerate. Two separate cases were registered.Investigators were clueless initially, and the case of twin bombings was transferred to the NIA. The first important lead came in the form of video footage recorded by a traffic surveillance camera and a private camera in a shop.One member of the group was seen coming to the bus stop on a bicycle with a tiffin box on the carrier, and investigators continued to identify operatives who planted bombs in similar fashion at public places.
Source: THE HINDU
In a setback to BCCI, the Supreme Court has refused to review its verdict in which a slew of direction was passed to transform the world's richest cricket body by barring ministers and officials read more
In a setback to BCCI, the Supreme Court has refused to review its verdict in which a slew of direction was passed to transform the world's richest cricket body by barring ministers and officials from the board and setting an age limit of 70 years for office-bearers.The apex court had on July 18 passed the order on the recommendations of Justice Lodha committee and ordered a comprehensive revamp of the Board of Control for Cricket in India (BCCI) over the next six months, to be overseen by the committee.It had also directed implementation of the contentious one state, one vote suggestion and had closed the doors on those who for decades had remained in the BCCI governing body by prescribing a maximum of three terms, each of three years, with the caveat that there would a cooling-off period between two terms.
Aggrieved by the order, BCCI and cricket association of different states filed a review petition asking the apex court to re-examine the issue. It had also pleaded that its plea for review be heard in open court. Review petition is normally decided by bench in chamber without giving opportunity to parties to argue the case.A bench of Chief Justice T S Thakur and S A Bobde, however, dismissed review plea on November 10 but the order has been uploaded on Tuesday. "We have examined the grounds urged in support of the prayer for review. We find no error apparent on the face of the record to warrant recall of our order dated July 18, 2016. The review petitions are, accordingly, dismissed," it said.
Source: Times of India
Dismissing the petition against demonetisation, Karnataka High Court has upheld certain restrictions that accompanied the decision saying they are matters for central government and RBI to decide.In his read more
Dismissing the petition against demonetisation, Karnataka High Court has upheld certain restrictions that accompanied the decision saying they are matters for central government and RBI to decide.
In his order, Justice Ashok B Hinchigeri observed that "laudable objectives" to tackle the menaces of fake currency notes, black money and terrorism cannot be achieved without imposing restrictions.
"...but in a situation of this nature, no directions, much less time-bound directions, can be given to the government of India and the RBI," he said.
The order was issued by the Karnataka High Court in a writ petition seeking removal of cap on withdrawal imposed by government and RBI following demonetisation of Rs 500/1000 currency notes effective November 9.
"In the larger interests of the society, when a comprehensive mission is being accomplished, certain regulatory measures during the period of transition are bound to affect the interests of some sections of people," the order said.
"There cannot be any dispute that the collateral damage, if any on any section is to be minimised, if it cannot be avoided. What steps are to be taken, are the matters for the central government and RBI to decide," it added.
Observing that the menaces of black money, fake currency and terrorism are "hydra-headed monsters", the order said, "when one head of the monster is chopped off, it would raise its other ugly heads. Stamping them out is indeed a herculean task."
The order dated December 6 also noted that it is impossible for any policy maker to anticipate all the difficulties and contingencies.
"As and when the difficulties are noticed in the course of implementing the policy, the necessary remedial measures have to be taken," it said.
The administrators and legislators are entitled to frame policies and take such administrative decisions, as they think necessary in the public interest.
"The courts should not ordinarily interfere with the policy decisions unless they are manifestly illegal and arbitrary," the Judge observed.
The order recorded that the petitioners' appreciation of demonetisation policy is discernible and it is a major initiative to eradicate black money.
"While petitioners welcomed the scheme of demonetisation, their only grievance is over the limitation imposed on withdrawing the amount from the banks," it said.
Click here: Read Full Judgement
Source: Deccan Herald

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Ranchi, India

Lucknow, India

Delhi, India

Chinchwad, India

Mumbai, India

New Delhi, India

Delhi, India

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