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Kolkata, India


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Jamshedpur, India
I recently gave an interview online to a Pakistani journalist, Sohrab Barkat of siasat.pk, which is belowhttps://www.youtube.com/watch?v=C6WIaFN-HhU&t=28sThere were over 670 comments on Youtube after read more
IntroductionDivorce is a challenging and emotionally charged process that often involves complex legal issues and delicate personal matters. In India, where traditional family values are deeply rooted, read more
Introduction
Divorce
is a challenging and emotionally charged process that often involves complex
legal issues and delicate personal matters. In India, where traditional family
values are deeply rooted, divorce is still considered a taboo in some
communities. However, as societal norms evolve, divorce rates have been
steadily rising, leading to an increasing demand for competent and
compassionate divorce attorneys. In this blog post, we will explore the role
and significance of divorce attorneys in India and shed light on the essential
qualities that make them invaluable during this trying time.
Understanding Divorce
in India
Divorce
in India is governed by various personal laws, depending on one's religion and
community. These laws include the Hindu Marriage Act, the Muslim Personal Law
(Shariat) Application Act, the Special Marriage Act, and others. Each law
provides specific grounds and procedures for seeking a divorce. Additionally,
Indian courts consider several factors, such as child custody, alimony, and
division of assets, making divorce proceedings complicated and emotionally
draining.
The Role of Divorce
Attorneys
Divorce
attorneys in India play a multifaceted role, acting as legal advocates,
emotional support systems, and expert advisors throughout the entire divorce
process. Let's delve into some of the crucial roles they undertake:
·
Legal
Representation: Divorce attorneys
are trained legal professionals who represent their clients' interests in
court. They ensure that their clients' rights are protected and advocate for
the best possible outcome in matters like child custody, alimony, and property
division.
·
Objective
Advice: During a divorce, emotions
can run high, clouding judgment and leading to impulsive decisions. Divorce
attorneys provide objective and pragmatic advice to help their clients make
informed choices that are in their long-term best interests.
·
Navigating
Complex Laws: As mentioned
earlier, India's diverse legal landscape necessitates familiarity with various
personal laws and their respective procedures. Divorce attorneys possess
in-depth knowledge of these laws, ensuring that their clients' cases are
handled efficiently.
·
Document
Preparation: Divorce proceedings
involve substantial paperwork, including petitions, affidavits, and financial
disclosures. Divorce attorneys meticulously prepare and file these documents to
meet court requirements.
·
Negotiation
and Mediation: In some cases,
couples may opt for negotiation or mediation to settle their differences
outside of court. Divorce attorneys facilitate these processes, striving to
find amicable solutions that save time, money, and emotional distress.
·
Advocacy in
Court: When disputes cannot be
resolved through negotiation, divorce attorneys zealously represent their
clients in court. They present evidence, cross-examine witnesses, and make
persuasive arguments to support their clients' positions.
Qualities of an
Effective Divorce Attorney
Choosing
the right divorce attorney is critical for a successful outcome. Here are some
essential qualities to look for:
·
Experience
and Expertise: A seasoned divorce
attorney with a track record of handling similar cases can provide valuable
insights and guidance.
·
Empathy and
Compassion: Divorce is emotionally
taxing, and a compassionate attorney understands and supports their client's
emotional needs throughout the process.
·
Communication
Skills: Effective communication is
vital, as divorce attorneys need to explain complex legal matters in a way that
clients can comprehend.
·
Strategic
Thinking: The ability to
strategize and plan for various scenarios is crucial in devising a strong case
strategy.
·
Negotiation
Skills: Negotiation is often a
pivotal part of divorce proceedings, and a skilled negotiator can secure
favourable settlements.
Conclusion
Divorce
is a life-altering event that requires professional guidance and support.
Divorce attorneys in India serve as pillars of strength during this challenging
period, providing expert legal representation, emotional understanding, and
practical advice. With their extensive knowledge of Indian family laws and
commitment to their clients' well-being, divorce attorneys play a pivotal role
in helping individuals navigate the complexities of divorce and move forward
with their lives.
Sonia and
Partners is a Bangalore based
boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and
among the best lawyers in Bangalore practicing in the area of Family Law and
Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global
International Clients.
Feel
free to write to us at mail@lawyersonia.com or call at +91 9845944896 if you
wish to consult or discuss your matter.
Wrongful termination of employment is an unpleasant and undesirable process that must be conducted ethically and legally. In India, the following forms of termination are considered wrongful:Discrimination: read more
Wrongful
termination of employment is an unpleasant and undesirable process that must be
conducted ethically and legally. In India, the following forms of termination
are considered wrongful:
Discrimination:
Termination based on age, race, sex, nationality, or any other discriminatory
grounds is wrongful termination.
Breach
of Contract: If an employer violates the terms of an
employment agreement, including situations where the employee is forced to
resign (constructive dismissal), it is considered wrongful termination.
Other
Factors: Wrongful termination also includes firing an
employee due to workplace disputes, personal grudges, or refusal to act on
illegal orders.
Laws
Against Wrongful Termination in India
India
has several labour laws against wrongful termination. Termination based on
discrimination violates fundamental rights under the Indian Constitution.
Violations of labour laws, the Industrial Disputes Act, 1947, the Workmen's
Compensation Act, 1923, and State Shops and Establishments Acts also constitute
wrongful termination. These laws apply not only to the labour class but also to
the managerial sector.
Legal
Remedies for Wrongful Termination
To
address illegal termination, individuals can take the following steps:
· File
a formal complaint or grievance letter with the HR Department of the company.
Allow them time to evaluate the case and provide a response.
· If
the HR department's response is unsatisfactory, hire a lawyer and send a legal
notice to the employer seeking damages, including back pay, lost benefits,
out-of-pocket losses, injunctive relief, punitive damages, severance package,
retrenchment compensation, health insurance, and provident fund.
Filing
a Lawsuit for Wrongful Termination
If
a contractual agreement has been violated, file a lawsuit against the employer
for wrongful termination in the Labour Court. The court may order the employer
to reinstate the employee and provide compensation for the wrongful
termination.
Conclusion
Wrongful
termination is a serious issue that needs to be addressed through proper legal
channels. India's labor laws provide protection to employees against arbitrary
termination, ensuring that their rights are upheld in the workplace. If you
believe you have been wrongfully terminated, it is crucial to seek legal advice
and take appropriate legal actions to protect your rights and seek appropriate
remedies. Consulting with legal experts can provide valuable guidance on the
best course of action for your specific situation.
For
more specific legal advice on remedies against wrongful termination, consult
with an expert at SoOLEGAL via info@soolegal.com or +91
9810929455.
Rape is defined as non-consensual sexual intercourse involving physical force, threats, or deception by the perpetrator. In India, the law recognizes rape as a criminal offense under section 375 and 376 read more
Rape is defined as non-consensual
sexual intercourse involving physical force, threats, or deception by the
perpetrator. In India, the law recognizes rape as a criminal offense under
section 375 and 376 of the Indian Penal Code (IPC) when committed by an
outsider. However, the law does not explicitly address marital rape, which
refers to non-consensual sexual intercourse by a spouse with his wife through
force, threat, or coercion.
The Indian society has been
governed by a patriarchal system, which traditionally considers women as the
property of their husbands or guardians. Consequently, rape was seen as a
violation against the husband or guardian rather than an offense against the
woman. This ideology has influenced the government to neglect marital rape, as
it is shielded under the concept of conjugal rights, implying that a wife is
obligated to fulfill her husband's sexual desires without regard for her own
consent or autonomy. This perception has undermined women's rights to equality
and justice.
Many countries have recognized
the seriousness of marital rape by enacting laws to criminalize it or by
removing previous exemptions that allowed it to go unpunished. By
decriminalizing marital rape, our state is failing in its duty to ensure gender
equality, which includes protecting individuals from crime and abuse.
Today, the recognition of marital
rape as a violation of human rights is evident, as numerous countries have
established laws to address it. However, in India, despite the introduction of
various laws and institutions aimed at addressing violence against women within
the home, such as laws against female infanticide and domestic violence,
marital rape has not gained recognition as a crime in the eyes of policymakers.
Instead, it remains hidden behind the supposed sanctity of marriage.
Marital Rape and
India
According to the
Indian Penal Code, there are certain cases where a husband can be criminally
prosecuted for marital rape:
·
When
the wife is between 12 – 15 years of age, the offense is punishable with
imprisonment for up to 2 years or a fine, or both.
·
When
the wife is below 12 years of age, the offense is punishable with imprisonment
for a term ranging from 7 years to life, along with a fine.
·
Rape of
a judicially separated wife is punishable with imprisonment for up to 2 years
and a fine.
In 2005, the Protection of Women
from Domestic Violence Act, 2005, was enacted, recognizing marital rape as a
form of domestic violence. Under this Act, a woman can seek legal protection and
separation from her husband if she experiences marital rape. Marital rape is
not only a violation of a woman's body but also causes emotional harm, damaging
her love and trust, leading to feelings of instability and fear. Unfortunately,
the laws in place to protect victims of marital rape are inadequate and
insufficient, and the measures taken are unsatisfactory.
The underlying assumption of
these laws is that consent to marriage implies consent to engage in sexual
activity. However, consenting to engage in sexual activity does not mean
agreeing to endure sexual violence. Violence instills fear and insecurity,
forcing the woman into unwanted sexual acts. It is crucial to distinguish
between consent and non-consent in criminal law.
It is disheartening that a woman
can protect her right to life and freedom but not her body within her marriage.
The definition of rape under Section 375 of the IPC should be revised.
Currently, the only recourse for women is Section 498-A of the IPC, which deals
with cruelty, to protect themselves from "unreasonable sexual conduct by
the husband." However, there is no clear standard or interpretation by the
courts regarding what constitutes 'unnatural' or 'perversion' in intimate
spousal relations. Is demanding sex unreasonably tantamount to cruelty?
Shouldn't consent be an essential requirement? Is marriage a license for rape?
These questions remain unanswered as both the judiciary and the legislative
bodies remain silent on the matter.
Case Laws
In the case of State of Maharashtra
v. Madhkar Narayan, the Supreme Court ruled that every woman is entitled to her
sexual privacy and that no one has the right to violate her privacy whenever he
wants. The Supreme Court extended the right to privacy in the workplace in the
landmark decision of Vishakha v. State of Rajasthan. Similarly, a right to
privacy to engage in a sexual relationship even while married. As a result of
decriminalising rape within a marriage, the marital exception teaching violates
a wedded lady's right to privacy and is thus prohibited.
The right to life under Article
21 of the Constitution was highlighted in the case of Francis Corallie Muin v.
Union Territory of Delhi. In this case, Article 21 incorporates the right to
live with human dignity and all that entails, to be specific, the minimum
necessities of life, such as adequate nutrition, clothing, and shelter over
one's head, as well as facilities for reading, writing, and expressing oneself
in various forms, freely moving about and mixing and mingling with fellow human
beings. The right to live with human dignity is a basic component of the right
to life that perceives a person's independence.
Conclusion
Marital rape remains partially
legal in India, despite being a serious crime against women that demands the
government's attention. Women who experience marital rape often suffer not only
immediate harm but also endure long-lasting physical and emotional
consequences. The unique aspect of marital rape is that the victim has to live
with the perpetrator every day, making it even more traumatic for the woman.
Given the severe consequences of marital rape, urgent action is required to
criminalize this offense.
India has seen positive legal
changes for women in general, but to fully address the issue of marital rape,
both legal and societal changes are necessary. Criminalizing marital rape and
transforming societal attitudes towards women within marriage are crucial steps
that need to be taken. While the Protection of Women from Domestic Violence Act
addresses certain forms of violence, it does not explicitly address marital
rape. However, the enactment of a specific law against domestic violence has
opened the door for legislation criminalizing marital rape. This shift in the
state's attitude, which used to avoid intervening in family matters, is
encouraging progress.
Thus, although there are still
loopholes and challenges, India's recognition of domestic violence as a serious
issue paves the way for further steps towards criminalizing marital rape. It
indicates a positive change in societal perspectives and demonstrates a growing
commitment to protect women's rights within marriages.
In many countries around the world, a cheque is an important part of the financial system. A cheque is regarded as a crucial document that can be used by an individual, company, or government for various read more
In
many countries around the world, a cheque is an important part of the financial
system. A cheque is regarded as a crucial document that can be used by an
individual, company, or government for various monetary transactions. A cheque
is a negotiable document used to transport money in physical form or to perform
inter-account transfers.
Cheque Bounce:
When
a cheque bounces, it means that the process of depositing the cheque in the
bank was unsuccessful.
It
could be due to a number of factors, including:
· When
the issuer's account has insufficient funds.
· The
bank can bounce a cheque if the date on the cheque is unreadable the numbers
are scribbled, or the date on the cheque is more than three months old.
· When
the signature does not match what is on file with the bank.
· When
the amounts stated in numbers and words differ.
· When
there are too many stains or marks on the cheque.
· When
a cheque is overwritten, scribbled, or corrected.
False Cheque Bounce:
Numerous
individuals still prefer to make payments by cheque for a variety of reasons,
such as the ability to pay people who do not have a bank account or for those
who are not yet comfortable with net banking. However, cheque bounce cases are
on the rise, and Indian courts are overflowing with these cases filed under
Section 138 of the Negotiable Instruments Act of 1881.
These
cases are typically used to extract money from someone or to harm and tarnish
his or her reputation. Yet, some of these cheque bounce cases are false and are
not genuine cases that target innocent people who then end up facing legal
issues because they do not know what to do.
How would you handle a Cheque Bounce Case?
In
such instances, the victim need not be concerned because it is a false
accusation that is generally easily proven with valid documents that there was
sufficient balance or fund in the issuer's bank account to ensure that the
cheque did not bounce.
· Gather
relevant documents: Collect all the necessary documents that can prove your
innocence and expose the false accusation. These documents could include
transaction records, bank statements, and any other evidence that supports your
case.
· Contact
the bank: Get in touch with the bank to verify the dishonoring of the cheque
and understand the reasons behind it. Request detailed information about the
incident and ask for any relevant documentation or records they may have.
· Seek
legal representation: Hire a lawyer who specializes in cheque bounce cases.
They can provide guidance and help you draft a suitable reply to the legal
notice received from the bank or the accuser. It's crucial to consult with an
experienced professional to ensure your response is appropriate and legally
sound.
· Respond
to the legal notice: Reply to the legal notice within the stipulated timeframe,
typically within 30 days. Your lawyer can assist in preparing a comprehensive
response that addresses the false accusations and presents your defense
effectively.
· Consider
filing a counter case: If the false accusation has caused significant harm or
financial loss, you may choose to file a counter civil case against the
individual who accused you. In this case, you can seek compensation for
damages, expenses incurred due to the fraud case, and potentially file a
defamation case against the false accuser.
Documents needed to file a counter-claim:
· Payment
bills
· When
the payment was made, a bill was generated.
· The
account statement from the bank
· A
copy of the issued cheque
· Cheque
drawn on a bank
Section 138 of the Negotiable Instruments Act of
1881:
Section
138 of the Negotiable Instruments Act of 1881 provides legal recourse in the
event of a cheque bounce or dishonour.
This
section was recently decriminalized. On June 8, 2020, the Ministry of Finance
proposed decriminalizing several minor offences in order to improve business
sentiment and unclog court processes, including Section 138 of the Negotiable
Instruments Act, 1881. The primary goal of decriminalizing this section is to
encourage foreign investment in our country.
For
more information, please contact us at +91
9810929455 or via email at info@soolegal.com.
A high asset divorce case refers to a divorce where the couple involved possesses significant wealth and substantial assets. Such cases often involve complex financial matters, property division, business read more
A
high asset divorce case refers to a divorce where the couple involved possesses
significant wealth and substantial assets. Such cases often involve complex
financial matters, property division, business interests, investments, and
other valuable holdings. Dealing with a high asset divorce requires careful
planning, legal expertise, and financial acumen. Here are some steps to
consider when dealing with a high asset divorce case:
·
Hire
Experienced Lawyers: It is crucial
to engage competent divorce law attorneys who have experience in handling high
asset divorce cases. Look for lawyers with a track record in complex financial
matters and a thorough understanding of property division laws in your
jurisdiction. Talk to few lawyers before you finalize one.
·
Gather
Financial Documents: Compile all
financial documents, including bank statements, investment records, tax
returns, property deeds, business valuations, and other relevant financial
paperwork. Accurate and comprehensive financial disclosure is essential in high
asset divorce cases.
·
Valuation of
Assets: Obtain professional
valuations of all assets, including real estate, businesses, stocks, retirement
accounts, and any other valuable holdings. Accurate valuations are essential
for equitable distribution.
·
Pre-Nuptial
or Post-Nuptial Agreements: If you
have a prenuptial or postnuptial agreement in place, it will significantly
impact the division of assets. Ensure that the agreement is valid, and both
parties understand its implications.
·
Spousal
Support and Alimony: In high asset
divorces, spousal support or alimony can be substantial. The court will
consider various factors, such as the length of the marriage, standard of
living, and each spouse's financial contributions.
·
Child
Custody and Support: If children
are involved, custody arrangements and child support will be addressed. Focus
on the best interests of the children and work towards an amicable custody
arrangement.
·
Privacy and
Confidentiality: High asset
divorces tend to attract media attention and public scrutiny. Discuss with your
attorneys about strategies to maintain privacy and confidentiality during the
proceedings.
·
Negotiation
and Mediation: In some cases, negotiation
and mediation can be effective methods to resolve disputes without going to
court. These methods can save time, money, and emotional stress.
·
Litigation: If an amicable resolution is not possible, be
prepared for litigation. High asset divorces can be contentious, and court
proceedings may become necessary to protect your interests.
·
Long-Term
Financial Planning: Work with
financial advisors to develop a long-term financial plan after the divorce.
This plan should consider your new financial situation, investments, taxes, and
retirement planning.
Remember,
every high asset divorce case is unique, and the specific approach will depend
on the circumstances and the laws of your jurisdiction. It is essential to
prioritize clear communication, protect your rights, and work towards a fair
and equitable resolution throughout the process.
Feel
free to write to us at mail@lawyersonia.com or call +91 9845944896 if you wish to
consult or discuss your matter. “Sonia and Partners” is a Boutique law firm led
by Adv. Sonia Rajesh supported by a team of qualified and among the Best
Lawyers in Bangalore practicing in the area of Divorce Laws, Alimony Settlements
and Criminal defence serving Citizens of India, Overseas Indians, NRIs and
Global International Clients.
If an employee's salary is not paid by their employer, they may initiate several legal actions to seek resolution and recover the unpaid wages. The specific legal actions available to an employee will read more
If
an employee's salary is not paid by their employer, they may initiate several
legal actions to seek resolution and recover the unpaid wages. The specific
legal actions available to an employee will depend on the labour laws and
regulations in their country or jurisdiction. Below are some common legal
actions that employees can consider:
·
Labor
Department Complaint: The employee
can file a complaint with the labor department or labour board in their region.
These government agencies are responsible for enforcing labour laws and
ensuring that employees are treated fairly. The labour department may
investigate the claim and attempt to resolve the issue through mediation or
other means.
·
Demand
Letter: The employee can send a
formal demand letter to the employer requesting payment of the unpaid wages.
The letter should clearly state the amount owed, the period for which the
salary is due, and a deadline for payment. This letter can serve as
documentation of the employee's efforts to resolve the matter before pursuing
legal action.
·
Initiate
Insolvency Proceedings: It's
important to note that initiating insolvency proceedings under the IBC
(Insolvency and Bankruptcy Code), This allows the employee to claim unpaid
salary as part of the insolvency resolution process. This is typically done
against corporate entities, not individual employers. If an employee's salary
is not paid by an individual employer, they may need to pursue other legal
avenues, such as filing a civil suit for recovery of unpaid wages or seeking
assistance from labour authorities or forums as per the applicable labour laws
in India.
In Sanjay Sadanand Varrier v M/s Power Horse India Pvt Ltd, a larger bench of Bombay High Court held that
“an employee
can maintain a petition for winding up of a company as a creditor based on a
claim of the recovery of unpaid employment dues”
·
Civil
Lawsuit (Recovery of Money): If
the employer continues to refuse payment, the employee may consider filing a
civil lawsuit in a court of law. The lawsuit would seek the recovery of the
unpaid wages, and possibly other damages if allowed under the law.
·
Small
Claims Court: In some
jurisdictions, there are small claims courts that handle disputes involving
relatively small amounts of money. Employees may choose to pursue their claim
through small claims court, which is designed to be less formal and allows
individuals to represent themselves without a lawyer.
·
Labor
Tribunal or Commission: In certain
countries, there are specialized labor tribunals or commissions that handle
employment-related disputes. Employees can lodge a complaint with these bodies,
and they will conduct hearings and make decisions based on the evidence
presented.
·
Union
Representation: If the employee is
a member of a labour union, they can seek assistance and representation from
the union in resolving the salary dispute. Unions often have experience in
dealing with such issues and can negotiate on behalf of the employee.
·
Wage Claim
Agency: Some regions have
dedicated wage claim agencies that handle unpaid wage disputes. Employees can
file a claim with these agencies, and they will investigate the matter and take
appropriate actions to recover the unpaid wages.
It's
crucial for the employee to keep detailed records of their employment, such as
pay stubs, timecards, and any communications with the employer regarding the
unpaid wages. Consulting with an employment lawyer can also be beneficial to
understand the specific legal options available and to navigate the process
effectively. Additionally, employees should be mindful of any deadlines or
statute of limitations for filing claims related to unpaid wages in their
jurisdiction.
Feel
free to write to us at mail@lawyersonia.com or call +91 9845944896 if you wish to
consult or discuss your matter. “Sonia and Partners” is a Boutique law firm led
by Adv. Sonia Rajesh supported by a team of qualified and among the Best
Lawyers in Bangalore practicing in the area of Civil Laws, Commercial Laws and
Criminal defense serving Citizens of India, Overseas Indians, NRIs and Global
International Clients.
Adoption is a legal process by which an individual or a couple becomes the legal parent(s) of a child who is not biologically their own. In India, adoption is governed by various laws and guidelines to read more
Adoption
is a legal process by which an individual or a couple becomes the legal
parent(s) of a child who is not biologically their own. In India, adoption is
governed by various laws and guidelines to ensure the welfare and protection of
the child.
In
India, child adoption is regulated by the Juvenile Justice (Care and Protection
of Children) Act of 2015, overseen by the Central Adoption Resource Authority
(CARA), a body under the Ministry of Women and Child Development. CARA manages
the national adoption database and accredits and supervises adoption agencies.
Prospective parents must adhere to a multi-step process involving counseling,
home study, and legal procedures to ensure the adoption is in the child's best
interest. Understanding and complying with all regulations and requirements are
crucial for a successful and ethical adoption journey.
While
the concept of child adoption has a historical presence in India, it is gaining
popularity in modern times. In the past, adoption was met with disapproval in
Indian culture, but now it is openly discussed and accepted. Understanding the
process of adopting a child in India is essential for those considering this
option. The decision to adopt can arise from various reasons, such as
infertility or a desire to provide a better life for an orphaned child.
What are the laws
governing adoption in India?
Child adoption in India is primarily regulated by the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), which replaced the previous 2000 Act. The JJ Act focuses on the care, protection, and rehabilitation of children in need. For Hindus, Buddhists, Jains, and Sikhs, the Hindu Adoption and Maintenance Act (HAMA) of 1956 applies, granting the adopted child the same status as a natural-born child, including inheritance rights. Adoption under HAMA is irreversible. On the other hand, for Muslims, Parsis, Christians, and Jews, the Guardian and Wards Act of 1890 governs adoption, establishing a guardian-ward relationship, but not granting the child full status within the family.
Who can adopt a child
in India?
Under
the Hindu
Adoption and Maintenance Act, 1956 a male and female Hindu can adopt a
child if both are not of minor age and of unsound mind provided they take
consent from their spouse living at that time.
Section-57
of the Juvenile Justice (Care and Protection of Children) Act, 2015,
provides the eligibility criteria of Prospective Adoptive Parents
(PAP’s). Section-57 states that PAP’s should be:
(1)
The
prospective adoptive parents shall be physically fit, financially sound,
mentally alert and highly motivated to adopt a child for providing a good
upbringing to him.
(2)
In
case of a couple, the consent of both the spouses for the adoption shall be
required.
(3)
A
single or divorced person can also adopt, subject to fulfillment of the
criteria and in accordance with the provisions of adoption regulations framed
by the Authority.
(4)
A
single male is not eligible to adopt a girl child.
(5) Any other criteria that
may be specified in the adoption regulations framed by the Authority.
How to adopt a child?
The
adoption process in India is primarily governed by CARA's guidelines,
comprising legal and social procedures to safeguard the child's best interests.
1. The
initial step involves registering with a recognized adoption agency or
orphanage, submitting essential documents.
2. Prospective
parents then undergo a home study, assessing their readiness for adoption.
3. Counseling
sessions follow, offering insights into adoption's challenges and rewards and
addressing the child's emotional needs.
4. Upon
successful screening, an acceptance letter is issued by the adoption agency.
5. Legal
procedures commence to transfer custody, obtaining a court order, birth
certificate, and adoption deed.
6. During
a 6 to 12-month foster care period, the child resides with the prospective
parents, while the agency offers support.
7. The
court reviews a report from the agency before granting the adoption order,
leading to the issuance of a new birth certificate.
8. Post-adoption,
the agency conducts follow-up visits to ensure the child's well-being and
support the adoptive parents.
After Post-adoption there are certain other procedures that are also needed to be done. It is always advised to engage a professional in this regard. For any assistance for the same, you can contact us at +91 9810929455 or mail us at info@soolegal.com.
Can Parents with
children adopt a child?
In India, the adoption process prioritizes the child's best interests above all else. As long as prospective adoptive parents can offer a nurturing and stable environment and fulfill the legal obligations of adoption, they are eligible to adopt. The adoption procedure remains comparable for both parents with and without biological children.
In case there are any queries pertaining
to Adoption, please call us at +91
9810929455 or mail us at info@soolegal.com.
Introduction: Having a spouse who is mentally ill can present unique challenges within a marriage. In such situations, it is essential to understand the legal remedies available to address the issues read more
Introduction:
Having a spouse who is mentally ill can present unique
challenges within a marriage. In such situations, it is essential to understand
the legal remedies available to address the issues arising from the mental
illness. This article aims to provide a comprehensive guide to the legal
options and remedies that can help individuals navigate such circumstances.
·
Seek Professional Evaluation: If you
suspect that your spouse is mentally ill, the first step is to encourage them
to seek professional evaluation from a qualified mental health professional. An
accurate diagnosis is crucial for understanding the specific mental health
condition and determining appropriate treatment options.
·
Mental Health Laws in India: In India,
mental health issues are primarily governed by the Mental Health Act, 2017.
This legislation ensures the rights of individuals with mental illness and
establishes procedures for their treatment and care. Understanding the
provisions of this act can help in addressing the legal aspects of dealing with
a mentally ill spouse.
·
Consent for Treatment: If your spouse's
mental illness requires treatment, obtaining their informed consent is
important. However, if they are unable or unwilling to provide consent, it may
be necessary to explore legal options such as guardianship or involuntary
admission to a psychiatric facility. In such cases, consult with a mental
health professional or legal expert familiar with mental health laws to
understand the specific requirements and procedures.
·
Guardianship and Mental Health Review Boards:
In situations where the mental illness significantly impairs your spouse's
decision-making ability, it may be appropriate to consider applying for
guardianship. Guardianship allows you to make decisions on their behalf,
including matters related to treatment, healthcare, and finances. The Mental
Health Act establishes Mental Health Review Boards that oversee and review such
guardianship arrangements.
·
Domestic Violence Protection: If the
mentally ill spouse engages in abusive behavior, it is crucial to prioritize
personal safety. The Protection of Women from Domestic Violence Act, 2005,
offers protection to married women facing domestic violence, including
psychological abuse. Seek legal advice and explore obtaining protection orders,
such as a Protection Order, Residence Order, or Monetary Relief Order,
depending on the specific circumstances.
·
Divorce or Judicial Separation: In cases
where the mental illness severely affects the marital relationship and there is
no possibility of reconciliation, divorce or judicial separation may be
considered. Mental illness itself is not a ground for divorce under the Hindu
Marriage Act, but if the mental illness results in cruelty or the inability to
fulfill marital obligations, it may be considered as a valid ground for divorce
or judicial separation.
·
Maintenance and Property Rights: In
divorce or judicial separation proceedings, the court may consider the mental
health condition of the spouse when determining maintenance (alimony) and
property division. The court takes into account factors such as the ability to
earn a livelihood, financial needs, and the mental health condition's impact on
the individual's financial independence.
Dealing with a mentally ill spouse can be challenging, and
it is crucial to be aware of the legal remedies available. Seeking professional
evaluation, understanding mental health laws, exploring treatment options,
considering guardianship if necessary, and protecting oneself from domestic
violence are essential steps. In situations where the relationship is no longer
sustainable, divorce or judicial separation may be considered, and maintenance
and property division issues should be addressed through legal proceedings.
Consulting with mental health professionals and legal experts specializing in
family law can provide valuable guidance and support throughout the process.
Disclaimer: This article provides general information
and should not be considered legal advice. Laws regarding mental health and
family matters may vary in different jurisdictions, and it is advisable to
consult with a qualified legal expert to obtain advice specific to your
circumstances.
Sonia and Partners is a Bangalore based boutique law firm
led by Adv. Sonia Rajesh supported by a team of qualified and among the best
lawyers in Bangalore practicing in the area of Family Law and Criminal defence
serving Citizens of India, Overseas Indians, NRIs and Global International
Clients.
Feel free to write to us at mail@lawyersonia.com or call at
+91 9845944896 if you wish to consult or discuss your matter.
Introduction: The rise of online dating has provided people with convenient ways to meet potential partners. However, it has also given rise to various forms of cybercrime, including online scams read more
Introduction:
The rise of online dating has provided people with
convenient ways to meet potential partners. However, it has also given rise to
various forms of cybercrime, including online scams and blackmail. In this
article, we will explore the issue of blackmailing an NRI (Non-Resident Indian)
for money after connecting with an Indian girl on a dating website. We will
discuss the nature of the crime, its legal implications, and steps individuals
can take to protect themselves.
Understanding the Crime:
Blackmailing is a serious offense that involves using
threats or coercion to obtain money, property, or other valuable items from a
victim. In the context of online dating, scammers may create fake profiles to
establish romantic relationships with unsuspecting individuals, often targeting
NRIs who may be perceived as having greater financial resources.
The Scam Process:
·
Creating a Fake Profile: Scammers create
attractive profiles on dating websites, often using stolen photographs and
false information to deceive their targets.
·
Building a Relationship: The scammer
invests time and effort to build an emotional connection with the NRI, gaining
their trust and establishing a seemingly genuine relationship.
·
Revealing Personal Information: Once
trust is established, the scammer may convince the NRI to share personal or
compromising information, such as explicit photos or private conversations.
·
Threats and Blackmail: The scammer then
threatens to expose the personal information or images unless the NRI pays a
significant sum of money. They may also manipulate the victim by creating a
sense of urgency, claiming emergencies or fabricated stories to justify the
demand for funds.
Legal Implications:
Extortion: Blackmailing for money is a form of
extortion, which is a criminal offense punishable under various sections of the
Indian Penal Code (IPC), such as Section 383 (Extortion), Section 384
(Punishment for extortion), and Section 387 (Putting person in fear of death or
of grievous hurt, in order to commit extortion).
Cybercrime: Blackmailing someone online falls under
the umbrella of cybercrime. In India, the Information Technology Act, 2000,
deals with offenses related to cybercrime, including hacking, identity theft,
and online fraud.
Protecting Yourself:
·
Exercise Caution: Be vigilant and
skeptical when interacting with individuals online. Avoid sharing personal or
sensitive information unless you have established a genuine and trustworthy
connection.
·
Verify Profiles: Take time to verify the
authenticity of the person's profile. Perform reverse image searches to check
if their profile picture appears elsewhere online. Look for inconsistencies or
red flags in their conversations.
·
Guard Personal Information: Refrain from
sharing explicit or compromising photos/videos, financial details, or any other
sensitive information that can be used against you.
·
Report the Scam: If you become a victim
of blackmail or online fraud, report the incident immediately to your local
police station and file a complaint with the Cyber Crime Cell. Provide as much
evidence as possible, such as chat records, emails, or any other communication
that can help in the investigation.
Blackmailing an NRI for money after connecting on a dating
website is a distressing crime that takes advantage of individuals seeking
companionship. It is crucial to be aware of the risks associated with online
dating and take necessary precautions to protect yourself. By staying vigilant,
verifying profiles, and promptly reporting any suspicious activity, you can
contribute to combating online scams and ensuring a safer digital environment.
Note: This article provides general information and
should not be considered legal advice. If you have been a victim of a crime, it
is recommended to consult with a qualified legal professional who can provide
personalized guidance based on your specific circumstances.
Sonia and Partners is a Bangalore based boutique law firm
led by Adv. Sonia Rajesh supported by a team of qualified and among the best
lawyers in Bangalore practicing in the area of Family Law and Criminal defence
serving Citizens of India, Overseas Indians, NRIs and Global International
Clients.
Feel free to write to us at mail@lawyersonia.com or call at
+91 9845944896 if you wish to consult or discuss your matter.

Bhopal, India

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Muzaffarpur, India

Ranchi, India

Mumbai, India

Mumbai, India

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Lucknow, India

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"Your Transaction" means any Transaction of Documents/ Advices(s), advice and/ or solution in the form of any written communication to your Client made by you arising out of any advice/ solution sought from you through the SoOLEGAL Site.
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The SoOLEGAL Payment System Service ("Transacting on SoOLEGAL") is a Service that allows you to list Documents/ Advices which comprise of advice/ solution in the form of written communication to your Client who seeks your advice/ solution via SoOLEGAL Site and such Documents/ Advices being for Transaction directly via the SoOLEGAL Site. SoOLEGAL Payment Service is operated by Sun Integrated Technologies and Applications . TheSoOLEGAL Payment System Service Terms are part of the Terms & Conditions of SoOLEGAL Services Transaction Terms and Conditionsbut unless specifically provided otherwise, concern and apply only to your participation in Transacting on SoOLEGAL. BY REGISTERING FOR OR USING SoOLEGAL PAYMENT SYSTEM , YOU (ON BEHALF OF YOURSELF OR THE FIRM YOU REPRESENT) AGREE TO BE BOUND BY THE TRANSACTIONS TRANSACTION TERMS AND CONDITIONS.
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S-1.1 Documents/ Advices Information. You will, in accordance with applicable Program Policies, provide in the format we require. Documents/ Advices intended to be sold should be accurate and complete and thereafter posted through the SoOLEGAL Site and promptly update such information as necessary to ensure it at all times that such Documents/ Advices remain accurate and complete. You will also ensure that Your Materials, Your Documents/ Advices (including comments) and your offer and subsequent Transaction of any ancillary Documents/ Advice pertaining to the previous Documents/ Advices on the SoOLEGAL Site comply with all applicable Laws (including all marking and labeling requirements) and do not contain any sexually explicit, defamatory or obscene materials or any unlawful materials. You may not provide any information for, or otherwise seek to list for Transaction on the SoOLEGAL Site, any Excluded Documents/ Advices; or provide any URL Marks for use, or request that any URL Marks be used, on the SoOLEGAL Site. In any event of unlawful Documents/ Advices made available for Transaction by you on SoOLEGAL site, it is understood that liabilities limited or unlimited shall be yours exclusively to which SoOLEGAL officers, administrators, Affiliates among other authorized personnel shall not be held responsible and you shall be liable to appropriate action under applicable laws.
S-1.2 Documents/ Advices Listing; Merchandising; Order Processing. We will list Your Documents/ Advices for Transaction on the SoOLEGAL Site in the applicable Documents/ Advices categories which are supported for third party REGISTERED USERs generally on the SoOLEGAL Site on the applicable Transacting Associated Properties or any other functions, features, advertising, or programs on or in connection with the SoOLEGAL Site). SoOLEGAL reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the SoOLEGAL Site. We may use mechanisms that rate, or allow users to rate, Your Documents/ Advices and/or your performance as a REGISTERED USER on the SoOLEGAL Site and SoOLEGAL may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions. Transactions Proceeds will be paid to you only in accordance with Section S-6.
S-1.3 a. It is mandatory to secure an advance amount from Client where SoOLEGAL Registered Consultant will raise an invoice asking for a 25% advance payment for the work that is committed to be performed for the Client of such SoOLEGAL Registered Consultant. The amount will be refunded to the client if the work is not done and uploaded to SoOLEGAL Repository within the stipulated timeline stated by SoOLEGAL Registered Consultant.
b. SoOLEGAL Consultant will be informed immediately on receipt of advance payment from Client which will be held by SoOLegal and will not be released to either Party and an email requesting the Registered Consultant will be sent to initiate the assignment.
c. The Registered Consultant will be asked on the timeline for completion of the assignment which will be intimated to Client.
d. Once the work is completed by the consultant the document/ advice note will be in SoOLEGAL repository and once Client makes rest of the payment, the full amount will be remitted to the consultant in the next payment cycle and the document access will be given to the client.
e. In the event where the Client fails to make payment of the balance amount within 30 days from the date of upload , the Registered Consultant shall receive the advance amount paid by the Client without any interest in the next time cycle after the lapse of 30 days.
S-1.4 Credit Card Fraud.
We will not bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorised use of a third party's credit card information) occurring in connection with Your Transactions. We may in our sole discretion withhold for investigation, refuse to process, restrict download for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Documents/ Advices if we ask you to do so. You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.
S-2. Transaction and Fulfilment, Refunds and Returns
S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
1. Fulfilment by Registered User/ Consultant - In the event of Client seeking consultation, Registered User/ Consultant has to ensure the quality of the product and as per the requirement of the Client and if its not as per client, it will not be SoOLEGAL’s responsibility and it will be assumed that the Registered User/ Consultant and the Client have had correspondence before assigning the work to the Registered User/ Consultant.
2. Fulfilment by SoOLEGAL - If the Registered User/ Consultant has uploaded the Documents/ Advice in SoOLEGAL Site, SoOLEGAL Authorised personnel does not access such Documents/ Advice and privacy of the Client’s Documents/ Advice and information is confidential and will be encrypted and upon payment by Client, the Documents/ Advice is emailed by SoOLEGAL to them. Client’s information including email id will be furnished to SoOLEGAL by Registered User/ Consultant.
If Documents/ Advice is not sent to Client, SoOLEGAL will refund any amount paid to such Client’s account without interest within 60 days.
3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
4. SoOLEGAL will remit the fees (without any interest) to its Registered User/ Consultant every 15 (fifteen) days. If there is any discrepancy in such payment, it should be reported to Accounts Head of SoOLEGAL (accounts@soolegal.com) with all relevant account statement within fifteen days from receipt of that last cycle payment. Any discrepancy will be addressed in the next fifteen days cycle. If any discrepancy is not reported within 15 days of receipt of payment, such payment shall be deemed accepted and SoOLEGAL shall not entertain any such reports thereafter.
5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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