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There are many occasions in life when legal advice is essential. Many people try to handle legal situations independently, thinking they will save time and money. However, this often ends up being a costly read more
There are many occasions in life when legal
advice is essential. Many people try to handle legal situations independently,
thinking they will save time and money. However, this often ends up being a
costly mistake. An experienced lawyer can help you navigate the legal system,
protecting your rights and ensuring you receive the best possible outcome. Here
are four signs that it might be time to consult with an attorney.
You need to hire a lawyer immediately if you
have been charged with any crime, from a minor traffic
violation to murder. Do not try to represent yourself in court. The law is
complicated, and the consequences of getting it wrong are severe. Even if you
are innocent, if you do not have a lawyer representing you, then there is a
good chance that you will be found guilty. A lawyer will be able to review the
evidence against you and determine the best course of action. If there are
holes in the prosecution's case, your lawyer can exploit them to your
advantage.
If you have been injured due to someone else's
negligence in Long Island, you may be entitled to compensation for your lost
wages and pain and suffering medical bills. An experienced personal injury
lawyer on Long Island can assess your claim and advise you on the
best course of action. They will also be able to guide you through the legal
process and ensure that all of the necessary paperwork is filed promptly. In
addition, a good lawyer will fight for your rights and ensure you receive the
maximum possible compensation for your injuries.
One of the most common times people need to
hire a lawyer is when they sign a contract. It could be a
contract for buying or selling a home, starting a new business, or any legal
agreement. Having a lawyer look over a contract before you sign it is important
because contracts are binding. This means that once you sign on the dotted
line, you are legally obligated to follow through with the contract terms. If
you do not, you could be sued. A contract might seem simple enough that you do
not need a lawyer to review it, but complicated legal terms are often buried in
the fine print. A lawyer will be able to spot these terms and make sure that
they are fair and protect your interests.
Divorce is often an emotional and stressful
time for couples. However, it is also important to remember that many legal
aspects involve dissolving a marriage. It is crucial to seek legal advice when filing for divorce or have already been served
with divorce papers. An experienced divorce attorney can help you understand
your rights and options. Even if you and your spouse can reach an amicable
agreement on all aspects of your divorce, it is still in your best interests to
have a lawyer review any proposed settlement to ensure that it is fair and
equitable. If you have children, your attorney can also help you negotiate a child
custody and visitation agreement that is in their best interests.
There are many occasions in which legal advice
is essential to protect your interests. If you find yourself in any of the
above situations, do not hesitate to seek out the help of an experienced lawyer
who can guide you through the legal process and achieve the best possible
outcome for your case.
Recently we have got the Concept Note on Central Bank Digital Currency, Fintech Department, RBI, October, 2022: and as per that note, all types of cryptocurrencies and its negative effects has been explained, read more
Recently we have got the Concept Note on
Central Bank Digital Currency, Fintech Department, RBI, October, 2022: and as
per that note, all types of cryptocurrencies and its negative effects has been
explained, stating that the effect of the cryptocurrencies is a negative one in
the economic sphere and supported for Central based cryptocurrencies or
e-rupees and also proposed for two types of e-rupees - one is for wholesale and
another for retail and also invented a concept i.e., token based and the
account based.
As per the Concept Note on Central Bank
Digital Currency, Fintech Department, RBI, October, 2022:
“Private virtual currencies sit at substantial
odds to the historical concept of money. They are not commodities or claims on
commodities as they have no intrinsic value. The rapid mushrooming of private
cryptocurrencies in the last few years has attempted to challenge the
fundamental notion of money as we know it. Claiming the benefits of
de-centralisation, cryptocurrencies are being hailed as innovation that would
usher in de-centralised finance and disrupt the traditional financial system.
However, the inherent design of cryptocurrencies is more geared to bypass the
established and regulated intermediation and control arrangements that play a
crucial role of ensuring integrity and stability of monetary and financial
eco-system.
As the custodian of monetary policy framework and with the mandate to ensure financial stability in the country, the Reserve Bank of India has been consistent in highlighting various risks related to the cryptocurrencies. These digital assets undermine India’s financial and macroeconomic stability because of their negative consequences for the financial sector. Further, a wider proliferation of cryptocurrencies has the potential to diminish monetary authorities’ potential to determine and regulate monetary policy and the monetary system of the country which could pose serious challenge to the stability of the financial system of the country. In this context, it is the responsibility of central bank to provide its citizens with a risk free central bank digital money which will provide the users the same experience of dealing in currency in digital form, without any risks associated with private cryptocurrencies. Therefore, CBDCs will provide the public with benefits of virtual currencies while ensuring consumer protection by avoiding the damaging social and economic consequences of private virtual currencies.”
Presently lot of counties are working on their CBDC or their own digital currencies and India is one of them and we are also looking forward to the effect which is going to take place in the days come and the future will have the answer.
Source Concept Note on Central Bank Digital Currency, Fintech Department, RBI, October, 2022: https://rbidocs.rbi.org.in/rdocs/PublicationReport/Pdfs/CONCEPTNOTEACB531172E0B4DFC9A6E506C2C24FFB6.PDF
https://www.youtube.com/watch?v=YGJMUZcvqcU&t=72s
https://www.youtube.com/watch?v=qQPz5SoYJgw&t=37s
https://www.youtube.com/watch?v=-CDCwe9o_LI&t=97s
https://www.linkedin.com/pulse/digital-currency-india-erupee-cybersecurity-bivas-chatterjee
In India there may be Casino everywhere unlike Nepal and other parts of the world, today due to the huge growth of internet and the virtual world, E-Casino or virtual casinos have become a lucrative business read more
In India there may be Casino
everywhere unlike Nepal and other parts of the world, today due to the huge
growth of internet and the virtual world, E-Casino or virtual casinos have
become a lucrative business for people. The online gambling sectors are flourishing
day by day and there is practically no stringent law to arrest the situation.
People are investing
huge money to participate in these types of games, truly speaking gambling.
These companies even spending huge money in advertisement where the public
icons are participating. The psychologists are
now opining that human brain is prone to instantaneous gratification.
The human effects of
these game reach to such a situation that the established members of the
society are even resorting different crimes to earn money which are being
invested in such online games. The families are ruined.
There no specific laws or any stringent law existing which can provide appropriate measures to control or monitor or take appropriate steps against this ever-increasing situation. Some archaic laws are there and if any step is being taken the ultimate interpretation which works as a shield for them is that these are game of skill and not gambling. Our policy makers have to keep in mind that the effect or result of any practice or activity in physical world and virtual world is completely different. The penetration power of the virtual phenomenon is far far wide that that of physical counterpart. I do not think that existing The Public Gambling Act of 1867 is not sufficient to take the situation under control.
Online gambling or E-Casino? #online #onlinegaming #casino #onlinecasino #cyberchatterjee
A lawyer based in Delhi with a good law practice was recommended by the Indian Supreme Court Collegium in November 2021 for being appointed as a judge of the Delhi High Court. Ordinarily when the Supreme read more
Ever since the US Supreme Court in Dobbs vs Jackson Womens Health Organisation reversed its 1973 verdict in Roe vs Wade regarding womens right to abortion, a fierce controversy is raging in USA, which read more
Justice Elena Kagan, an Associate Justice of the US Supreme Court, has of late been speaking out on contentious legal issues, and the need for compromise and finding common ground among the justices in read more
I have carefully read the judgment of the Pakistan Election Commission against former Prime Minister Imran Khan in the Toshakhana case, and find that it suffers from a fundamental defect. Let me explain.The read more
MODES OF CALL RECORDINGS ACCEPTED BY COURT A court's responsibility is to discover the truth and further the interests of justice. Courts give precise, relevant facts and evidence that is recorded read more
MODES OF CALL RECORDINGS ACCEPTED BY COURT
A court's responsibility is to
discover the truth and further the interests of justice. Courts give precise,
relevant facts and evidence that is recorded in a understandto uncover the
truth. Evidence is defined as follows in Section 3 of the Indian Evidence Act:
1) all declarations that witnesses are allowed or must make in front of the
court concerning the facts being investigated; these statements are referred to
as oral evidence; and 2) all documents, including digital records, that are
produced for the court's inspection; these documents are referred to as
documentary evidence.
Three main principles serve as the
foundation of evidence law: Evidence should be concerned with the issue in the case;
Unsubstantiated evidence is not admissible as evidence, and there should always
be an effort to present the most substantial possible proof in every
circumstance.
Section 275(1) of the Code of
Criminal Procedure, 1973 states that in all warrant cases, the testimony of
each witness must be recorded in writing either by the Magistrate, at his
order, or if he is physically or mentally incapable of doing so, by an officer
of the court who he has designated to act on his behalf. The Magistrate must
sign and record the memorandum of the substance of the evidence in the court's
official language as per section 274. Section 273 specifies when the suspect's
personal attendance is waived, it is required that all evidence be documented in
his presence and the appearance of his pleader as long as the audio-visual
evidence of witnesses used in this subsection is recorded.
The court noted in R v. Daye (1908)
that the rungs bakers and milkmen carved into the wood to denote the quantity
of bread or milk supplied are documents. Paper is not the only surface that can
be inscribed with writing or marks. The term "document" refers to
writings, words in pictures, maps, arrangements, and manuscripts on metallic
surfaces.
The Magistrate is allowed by Section
275 (3) to record the evidence as a set of inquiries and answers. The recording
of evidence presented to the session court must comply with Section 276 and
take the form of a narrative. Any piece of evidence that the presiding officer
chooses to record in the manner of a query and answer must be signed by him.
An essential component of a trial is
the examination and cross-examination of witnesses. Witness testimonies are
among the most trustworthy forms of evidence because the person providing the testimony
saw the incident firsthand—the Evidence Act of 1872's Sections 135 to 165
address the questioning and cross-examining of witnesses.
Evidence is only legally valid under
Section 5 of the Evidence Act of 1872 when used to support a material fact in the
case. The court must agree that the evidence is pertinent and set up the
relevant fact at issue for it to be admitted in court. Section 8 further
stipulates that the judge may inquire of the parties as to whether or not the
evidence they have presented relates to a relevant fact.
Call recordings
Conducting our business over telecom
services has become both convenient and volatile in recent years due to the
rapid expansion of the technological sector. According to Section 5(2) of the
Indian Telegraph Act of 1885, both the Central and State governments have the
authority to record telephone conversations. In accordance with Section 65B of
the Indian Evidence Act, electronic evidence is a novel way to present evidence
to the court.
The meaning of an electronic record
in Section 2 of the Information Technology Act, 2000 specifies that it includes
sound that has been stored, obtained, or sent electronically. Furthermore, the
law governing the modification of recorded digital evidence is covered by
Section 85B of the Indian Evidence Act, 1872. A digital signature serves as a
gauge for this electronic document's reliability and validity. To sign the
document, the signature must be appended.
The Supreme Court accepted a
telephone recording of a conversation between two parties in S. Pratap Singh v.
the State of Punjab (1964) after considering the significance of taped
conversations as evidence. The conversation that the parties claimed to have
had was later illegally acquired and admitted into evidence. Only because they
aided in the prosecution's case for conviction did the court accept illegally
obtained taped conversations. Only because it assisted in settling the case was
the provided evidence accepted.
In Rayala M. Bhuvaneswari v.
NagaphamenderRayala (2008), the petitioner asked for his wife's divorce based
on a hard disk containing recordings of his wife's phone calls with her family.
Even though the wife disagreed with some of the material of the recordings, the
court ruled that the marriage between the husband and wife is sacred and that
the husband's call recording violates the wife's right to personal liberty and
privacy. Law enforcement viewed the husband as a criminal because he used
illegal methods to get divorce evidence. In addition, he recorded her calls
without her permission, which is unlawful and indecent. The judge ruled that marriage
is no longer necessary since the husband cannot respect the wife.
The recording of evidence reveals the strength of judgement. Numerous essential aspects of criminal and civil trials include how evidence is collected and recorded. Through the sight of the trial judges, the court examines the evidence and renders decisions on the cases. The presiding judge may examine the evidence presented by both parties. A judge should be well-versed in the law and skilled in keeping evidence records and safeguarding innocent parties. The foundation of an investigation is the initial crime scene recording. There are many different sources of evidence, ranging from examining witnesses to checking and assessing tangible items found during the case.Even connections between people, places, and things within the crime's timeline of events might be included. The court can deduce conclusions and prove the charge beyond possible suspicion using various pieces of evidence.
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Super App is a multi tasking multi-platform mobile application using which you can chat, book online cab, order for online food, you can pay on online etc. It is actually a mall in virtual world through read more
Super App is a multi tasking multi-platform mobile application using which you can chat, book online cab, order for online food, you can pay on online etc. It is actually a mall in virtual world through these App. One the very popular Super App in China and other parts of Asia is WeChat (https://www.wechat.com/).
Elon Mask is proposing a super app X, by which the people of the other parts of the world can access many facilities. In India Tata has introduced TataNue (https://www.tata.com/business/tata-digital/tata-neu).
As per experts the concerns over Super App are two fold and they are :
They can create a monopoly and the privacy concern. The huge consumers data can be used to create Artificial Artificial Intelligence which the predict the customer behaviours. Anyway we are awaiting to see the effect of the Super App in the days to come.
In today’s ever-changing world where the age-old conventional technology has been defenestrated every day, data proved to be the most important thing and usually termed as “oil” or “air” of our society. The avalanche of data or should I say Big data are the only business interest for the big entities of our complex society. It is ex-facie clear that our data is the centre of attraction for those entities. Some invincible data brokers qua data-analytics without our knowledge are collecting, packaging and selling our personal private data online and offline. Even the different e-commerce and social site companies are collecting, storing and tracking our data. Our life is converted into data package where we are only products. Our every purchase, every journey, every likes and dislikes, hobbies, thinking and thus every part of our life are digitised, tracked and logged. Today all around we can find a data war where unknown and invisible data brokers are stealing our data and profiling us. This unfair business.
• In the light of the above, we need to have legislation which will protect us from this gross attack on our cherished privacy and security. The corner stone of all the laws in the world is human dignity as we strongly believe the celebrated maxim “Salus populi suprema lex esto” [Let the good (or safety) of the people be the supreme (or highest) law]. But the innate difference between the progress of technology and law is due to the fact technologies are moved on rapid speed while law on the other hand moves slowly. Today with the more use of various algorithm the strain relationship of law and data analytics or Artificial Intelligence are becoming prominent. The intention of the privacy legislation is to put a tap on unauthorized collection, share management and use of one’s personal data.
Defection is known as an act by a legislator (MP or an MLA) which defies the political party’s (The party to which the legislator is a member) ideology or whip issued from time to time. Some recent examples read more
Defection is known as an act by a legislator (MP or an MLA) which defies the political party’s (The party to which the legislator is a member) ideology or whip issued from time to time. Some recent examples include the notices which were sent to Rajasthan Deputy CM Sachin Pilot along with 18 other dissident MLAs. These notices were seeking their disqualification on the ground of defying the party’s whip as they had not attended two legislature meetings.
What does the Law in India say about Defection?
Due to these acts of defying political parties' whips, there was a need of bringing in legislation to curtail the same. Thereafter, the provision pertaining to Anti-Defection was inserted into the Constitution through 52nd Amendment Act in 1985. The tenth schedule (hereinafter referred as “schedule”) of the Constitution of India is also known as the “Anti-Defection Act”.
Disqualification of a Member
Paragraph 2 Sub Para 1 of the schedule talks about what shall constitute Defection. It also specifies the grounds of Disqualification on grounds of Defection. It states that a member of the House shall be disqualified:
⦁ If he has voluntarily given up his membership of such political party.
⦁ If he votes or abstains from voting contrary to any decision/direction of the political party to which he belongs or without obtaining any prior permission from the party or from any person authorized to do so on the party’s behalf.
The word “Disqualification” is defined in Shrimanth Balasaheb Patil v. Karnataka Legislative Assembly, (2020) 2 SCC 595, which states that, “The dictionary meaning of the word “disqualification” is “to officially stop someone from being in a competition or doing something because they are not suitable, or they have done something wrong”. However, under the Tenth Schedule this term occupies a specific meaning wherein, a Member is stopped from continuing to be a Member of a legislative body, if his actions fall in one of the conditions provided under Para 2.”
The burden of proof under Para 2, as held in Ravi S. Naik v. Union of India, 1994 Supp (2) SCC 641, is always on the person who is claiming that a member has incurred the disqualification. In this regard, it has been held that “The burden to prove the requirements of paragraph 2 is on the person who claims that a member has incurred the disqualification and the burden to prove the requirements of paragraph 3 is on the member who claims that there has been a split in his original political party and by virtue of said split the disqualification under paragraph 2 is not attracted”.
Paragraph 2 Sub Para 2, talks about an independent member belonging to a political party elected to the house who has been elected other than a candidate set up by a political party. In the case of D. Sudhakar (2) v. D.N. Jeevaraju, (2012) 2 SCC 708, it was held that, “It is no doubt true that an Independent legislator does not always have to express his intention to join a party in writing, but the mere extension of support to Shri Yeddyurappa and the decision to join his Cabinet, in our view, were not sufficient to conclude that the appellants had decided to join and/or had actually joined the Bharatiya Janata Party, particularly on account of the subsequent conduct in which they were treated differently from the members of the Bharatiya Janata Party. In view of our finding that the appellants had not joined any political party as alleged, the order of disqualification passed by the Speaker was against the constitutional mandate in Para 2(2) of the Tenth Schedule of the Constitution.”
Exceptions to Disqualifications
However, it is pertinent to mention that there are exceptions to the grounds that are mentioned in Para 2 of the Schedule. The exceptions are enshrined under Paragraph 4 of the schedule which states that, the grounds mentioned in Para 2 shall not apply where the person’s political party merges with another political party with certain conditions:
⦁ With the merger, he and other members of the party claim to have become the members of the new party so formed.
⦁ The merger has not been accepted by the individual or any other member who further chose to operate as a separate group.
The merger mentioned under this Para shall only be acceptable so as to not come under the purview of disqualification when not less than 2/3rd’s of the members have agreed to the same.
Exemptions from Disqualification
Also under Paragraph 5, the Speaker/Deputy Speaker of the House of People, or the Deputy Chairman of the Council of States or the Chairman/Deputy Chairman of the Legislative Council or the Speaker/Deputy Speaker of the Legislative Assembly, is exempted from Disqualification under this section if they:
a. Voluntarily give up membership of a political party before the election to their office and continue to remain so till the end of their tenure
b. Giving up the member of the political party immediately before the election to office and re-joins that party after he ceases to hold such office.
Decision making powers pertaining to disqualification
In case a question arises pertaining to disqualification on the grounds of defection of a member of any political party, such decision is referred to the Chairman or the Speaker of such, as the case may be. Paragraph 6 of this schedule says that the decision in this regard shall be final. However, there might arise a situation wherein the question may arise against the Chairman or the Speaker, in that situation the decision making power shall vest with an elected member that the house shall elect specifically on this behalf. The proceedings under this Paragraph shall be considered as Proceedings in Parliament (Article 122) or Proceedings in Legislature of the State (Article 212). Scope of Powers of the Chairman or the Speaker in deciding matters under Para 6 is limited, it is only to be seen as to whether the member in question has to be disqualified or not, nothing more or nothing less. Also, the Disqualification cannot be subject to any conditions. The same has been held in Shrimant Balasaheb Patil v. Karnataka Legislative Assembly (Supra) that “We are unable to agree with the contention of the learned Senior Counsel, Mr Kapil Sibal, that the power of the Speaker to bar a disqualified Member from contesting re-election is inherent to his role and is required to be read into the Constitution to prevent the Speaker from becoming toothless. When the express provisions of the Constitution provide for a specific eventuality, it is not appropriate to read an “inherent” power to confer additional penal consequences. To do so, and accept the contention of the respondents, would be against the express provisions of the Constitution.”
Bar on Jurisdiction of Courts
Paragraph 7 of this specifically but bar on the jurisdiction of the courts of law in respect of any matter concerned with Disqualification under this Schedule. In Kihoto Hollohan v. Zachillhu, 1992 Supp (2) SCC 651, the Hon’ble Supreme Court has held “The ouster of jurisdiction of courts under Paragraph 7 was incidental to and to lend strength to the main purpose which was to curb the evil of defection. It cannot be said that the constituent body would not have enacted the other provisions in the Tenth Schedule if it had known that Paragraph 7 was not valid. Nor can it be said that the rest of the provisions of the Tenth Schedule cannot stand on their own even if Paragraph 7 is found to be unconstitutional. The provisions of Paragraph 7 can, therefore, be held to be severable from the rest of the provisions.”. Therefore, lifting the bar which was put by Para 7 in terms of courts not allowed to entertain any dispute pertaining to disqualification under this Schedule. This decision was taken in the background of Keshavananda Bharati and Others v. The State of Kerala and Another AIR 2007 SC 1305 which has held that judicial review is considered to be a part of the basic structure of the Constitution and it cannot be interfered with. The aspect of Kihoto Hollohan has been re-iterated several times in various legislations such as Jagjit Singh v. State of Haryana, (2006) 11 SCC 1.
Conclusion
Due to internal disagreements with senior leaders' stances or the quest for power, rivalry among party members can develop for a variety of causes. As a result, defections happen. Because a democracy requires a stable government by its very nature, this might destroy the democratic ethos of any country. Regular government crises can breed mistrust among the people and pose a threat to stability and harmony. However, there has to be a fine balance between imposition of penalties on the elected representatives of the house and freedom of speech and expression.
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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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