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MODES OF EXECUTION OF CONSUMER COURT DECREE IN INDIA INTRODUCTIONA decree passed by the Consumers Disputes Redressal Commission ( District, state or National level) is a formal decision that directs read more
MODES OF EXECUTION OF
CONSUMER COURT DECREE IN INDIA
A decree passed by the Consumers Disputes Redressal Commission ( District, state or National level) is a formal decision that directs the opposite party to provide compensation, refund, replacement, or perform a specific act in favor of the consumer.
A consumer court decree, once passed in favor of a consumer, is legally binding and must be complied with by the opposite party (usually a seller, manufacturer, or service provider). However, if the opposite party fails to obey the decree voluntarily, the law provides several modes of execution to ensure that justice is served and the consumer gets the relief ordered.
This blog explains the meaning, legal framework, and different methods for the execution of a consumer court decree in India.
LEGAL BASIS OF
EXECUTION
As per Section 71 of the Consumer Protection Act, 2019, any order passed by a District, State, or National Consumer Commission is treated the same as a decree of a civil court. This means it has full legal backing and can be enforced by law. If the opposite party fails to follow the order on their own, the consumer has the right to file an execution petition to ensure the order is properly implemented.
MODES OF EXECUTION OF
CONSUMER COURT DECREES
Here are the commonly used legal mechanisms to enforce a decree passed by the consumer court:
1. Attachment and Sale of Property
If the opposite party fails to comply, the court can order attachment of their movable or immovable property.
The attached property may be auctioned, and proceeds used to satisfy the awarded compensation or refund.
2. Arrest and Detention in Civil Prison
In serious cases, the court may direct that the non-complying party be arrested and detained in a civil prison for up to three years.
This is usually used when other execution methods have failed or in case of willful disobedience.
3. Recovery as Arrears of Land Revenue
If monetary compensation is not paid, the court can direct recovery through the District Collector, treating it as arrears of land revenue under the Revenue Recovery Act.
This is an effective and time-tested method for monetary enforcement.
4. Garnishee Proceedings
The court may attach money owed to the opposite party by third parties (such as banks, clients, or employers) and divert it to the consumer as part of decree satisfaction.
5. Contempt of Court Proceedings
Deliberate disobedience of a consumer court order can lead to contempt proceedings, attracting penal consequences like fine or imprisonment under the Contempt of Courts Act, 1971.
6. Application under Civil Procedure Code (CPC)
Consumer forums have powers of a civil court for execution. They may invoke Order XXI of the CPC, which lists various civil remedies for executing decrees, like:
· Warrant of possession
· Delivery of specific goods
· Appointment of a commissioner for enforcement
PROCEDURE TO FILE AN
EXECUTION PETITION
1. Draft the execution application referring to the original decree.
2. Attach a certified copy of the consumer court order.
3. Mention the mode of execution you are seeking (e.g., attachment, arrest)
4. File it in the same forum that passed the original order.
5. Appear for hearings and provide evidence of non-compliance.
RELEVANT CASE LAWS
1. Punjab
National Bank v. KunjBehariMisra, III (2005) CPJ 177 (NC)
The National Commission held that
consumer court orders are executable like civil court decrees, and a
decree-holder (consumer) can seek execution through attachment and sale of the
judgment debtor’s property.
2. R.P. Jain v.
Sahara India, I (2007) CPJ 244 (NC)
In this case, the Commission
emphasized that non-compliance with a consumer court order can result in
attachment of property and arrest of the defaulter under Section 27 of the
Consumer Protection Act, which may be used alongside execution proceedings.
FAQs
Q1. What is an execution petition in
consumer cases?
An execution petition is a formal
request filed by a consumer asking the consumer court to enforce its previous
order or judgment. It is used when the opposite party fails to comply
voluntarily with the decree.
Q2. Where should I file the execution
petition?
You must file the execution petition
in the same consumer forum (District, State, or National Commission) that
passed the original order.
Q3. Is there any fee for filing an
execution petition?
Yes, a nominal court fee is usually
required, depending on the forum. The fee structure may vary by state or forum
level.
Q4. Can I ask for arrest or property
attachment in my execution petition?
Yes. You can specifically request
attachment of property, arrest and detention, or recovery as arrears of land
revenue as per the nature of the non-compliance and relief granted in the
original order.
Q5. How long does it take to execute a
consumer court order?
There is no fixed time frame. However,
if the execution petition is well-drafted and supported with proof of
non-compliance, the process can move quickly. It depends on the court's
workload and the cooperation of enforcement authorities.
Q6. What if the opposite party still
does not comply even after execution is initiated?
The court can escalate enforcement
through stronger measures like arrest, civil imprisonment, or contempt of court
proceedings to compel compliance.
Q7. Can a consumer court order be executed
after many years?
Yes. According to Article 136 of the
Limitation Act, 1963, you can file for execution of a consumer court order
within 12 years from the date the order was passed, unless a shorter time limit
is mentioned in the order itself.
Q8. Can I execute a consumer court
decree while an appeal is pending?
Yes, unless a stay order has been
granted by the appellate forum. If no stay is in effect, the original order is
executable.
CONCLUSION
A consumer court decree is not just a
symbolic victory—it is legally enforceable. If the opposite party disobeys it,
the consumer has several effective tools to ensure enforcement. Filing an
execution petition promptly and choosing the right mode of execution is key to
obtaining real justice.
INTRODUCTIONMaintenance is the financial support that a wife can claim from her husband to meet her basic needs like food, shelter, clothing, and medical expenses. Indian law provides multiple remedies read more
INTRODUCTION
Maintenance
is the financial support that a wife can claim from her husband to meet her
basic needs like food, shelter, clothing, and medical expenses. Indian law
provides multiple remedies for a wife to recover maintenance, depending on her
marital status, the religion she follows, and the circumstances of the
separation or dispute.
This
blog explains the legal options available to a wife in India to recover
maintenance.
LEGAL PROVISIONS FOR WIFE
Indian
laws offer various legal paths to protect a wife's right to maintenance. Each
statute addresses a specific scenario, allowing a wife to choose the most
fitting remedy based on her situation:
1.
Code of Criminal Procedure, 1973 (Section 125)
Remedy:
Monthly financial support for a wife (which also includes divorced women who
have not remarried).
Forum:
Family Court or Magistrate.
Purpose:
Ensures basic financial aid for a woman who is unable to sustain herself.
Special
Feature: Universal and applicable to all religions.
2.
Hindu Marriage Act, 1955 (Sections 24 & 25)
Remedy:
·
Section 24: Temporary maintenance during
ongoing legal proceedings.
·
Section 25: Permanent financial support
post-divorce or separation.
Forum:
Family Court.
Applicable
To: Hindus, including Buddhists, Jains, and Sikhs.
3.
Hindu Adoptions and Maintenance Act, 1956 (Section 18)
Remedy:
A Hindu wife has the right to live separately and claim maintenance if she
faces mistreatment.
Conditions:
Includes cruelty, desertion, bigamy, or the husband changing his religion.
Forum:
Civil Court.
4.
Protection of Women from Domestic Violence Act, 2005 (Section 20)
Remedy:
Financial support, encompassing maintenance, medical expenses, and compensation
for harm or loss.
Forum:
Magistrate’s Court.
Advantage:
Quick relief that can be sought in combination with other legal provisions.
5.
Muslim Women (Protection of Rights on Divorce) Act, 1986
Remedy:
·
Maintenance during the iddat period.
·
A fair and reasonable arrangement for
future support.
·
Mehr and the return of dower or
property.
Forum:
Magistrate’s Court.
Additional
Option: May also file under Section 125 of the Code of Criminal Procedure if
necessary.
6.
Indian Divorce Act, 1869 (For Christian Women)
Remedy:
Temporary maintenance under Section 36 and permanent financial support under
Section 37.
Forum:
District Court.
Applicable
To: Christian wives.
7.
Parsi Marriage and Divorce Act, 1936
Remedy:
Alimony pendente lite and permanent alimony.
Forum:
Parsi District Matrimonial Court.
Applicable
To: Parsi women.
These
legal options aim to prevent financial hardship for women, regardless of
whether they are married, separated, or divorced. Choosing the right provision
depends on the individual's personal law, marital status, and particular
circumstances.
CRITERIA
FOR DETERMINING MAINTENANCE
Courts
consider:
·
Income and property of husband
·
Reasonable needs of wife
·
Standard of living
·
Number of dependents
·
Conduct of the parties
RELEVANT
CASE LAWS
1.
In the case ofMohd. Ahmed Khan v. Shah Bano Begum, AIR 1985 SC 945, the Supreme
Court determined that a Muslim woman is entitled to receive maintenance under
Section 125 of the Code of Criminal Procedure even after her divorce, as long
as she has not remarried. This ruling confirmed that Section 125 CrPC is a
secular law applicable to women from all faiths.
2.
In DanialLatifi v. Union of India, (2001) 7 SCC 740, the Court affirmed the
constitutionality of the Muslim Women (Protection of Rights on Divorce) Act,
1986, and stated that a husband is required to provide a reasonable and fair
arrangement for his ex-wife during the iddat period to ensure her support in
the future.
FAQs
Q1.
Can a working wife claim maintenance?
Yes.
A wife who is earning can still claim maintenance if her income is not sufficient
to maintain the standard of living she was accustomed to during the marriage.
Q2.
Can a wife claim maintenance if she is living separately?
Yes,
if she has a valid reason to live separately (such as cruelty, desertion, or
abuse), she is entitled to claim maintenance.
Q3.
Is a divorced wife entitled to maintenance?
Yes.
A divorced wife who has not remarried can claim maintenance under Section 125
CrPC, Hindu Marriage Act, or respective personal laws.
Q4.
What happens if the husband refuses to pay maintenance ordered by the court?
The
wife can file an execution petition. The court can issue a warrant, attach the
husband’s property, or even order imprisonment for non-compliance.
Q5.
Is it possible to request maintenance while a divorce case is ongoing?
Indeed.
Under Section 24 of the Hindu Marriage Act, interim maintenance can be sought
during divorce proceedings.
Q6.
Can maintenance be claimed under more than one law?
Yes.
A wife can claim maintenance under different laws like the Code of Criminal
Procedure, the Domestic Violence Act, and personal laws such as the Hindu
Marriage Act. However, duplicate recovery is not allowed. Courts usually adjust
the amount to prevent overlapping benefits.
Q7.
How long does a wife receive maintenance?
There
is no fixed duration. Maintenance may continue:
·
Until she remarries
·
Becomes financially independent
·
Or as per court directions in case of
lump sum (permanent alimony)
Q8.
Is there a time limit to file for maintenance?
There
is no strict time limit, but the sooner it is filed after separation or
abandonment, the better the chances for quicker relief.
CONCLUSION
A
wife need not suffer silently if her basic needs are not being met. The Indian
legal system offers multiple avenues, both civil and criminal, to ensure that a
woman can seek fair and just maintenance. If you or someone you know is in such
a situation, consulting a lawyer can help identify the most suitable legal
remedy based on the circumstances.
***********
Divorce though marks the legal end of a marriage or marital relationship-but for many women, it is a beginning of the personal as well as a problematic journey of reclaiming their identity. One of the read more
Divorce
though marks the legal end of a marriage or marital relationship-but for many
women, it is a beginning of the personal as well as a problematic journey of
reclaiming their identity. One of the most significant aspects of this
transition is the choice to remove the ex-husband’s name from personal
documents or to change the surname of the child. While emotionally meaningful,
these decisions also involve legal procedures, and sometimes, court permissions-especially
when children are involved.
Can
a woman legally drop her ex-husband’s name from official records?
Is it permissible for her to change her child’s surname without the father’s
consent? These are common and important questions that many women ask or
tend to ask after separation.
In
this blog, we explore the rights and procedures available to a woman
post-divorce for name and surname changes, backed by current legal provisions
and recent judgments.
KEY
ASPECTS OF NAME AND SURNAME CHANGES POST-DIVORCE.
1.
Right to Remove Spouse’s Name from Personal Documents.
After
divorce, a woman may choose to drop her ex-husband’s surname or name from:
·
PAN Card
·
Aadhaar Card
·
Passport
·
Voter ID
·
Bank accounts and other
official documents
This
is entirely within her personal legal right and does not require the
ex-spouse’s consent. It usually involves submitting a copy of the divorce
decree and following document-specific protocols.
For
example, the Passport Seva portal allows name
change requests online with relevant proof.
2.
Changing One’s Name Legally.
If
a woman wants to revert to her maiden name or change her name entirely
post-divorce:
·
She must issue a public
notice in a newspaper,
·
Submit an affidavit,
and
·
File a name change application
and get it signed by a Gazette Officer.
This
process legally updates her identity for all future references and allows
changes in certificates, employment records, and educational qualifications.
3.
Can a Mother Change the Child’s Surname After Divorce?
This
is where legal disruptions come in. While a woman can change her own name
freely, changing the minor child’s surname-especially from the fathers to the
mother’s-often requires court intervention and legal procedures.
·
If the father is alive
and not consenting, the mother must approach the district court or high court
seeking permission.
·
The court considers
whether the change serves the best interest of the child, not merely the
mother’s personal preference.
4.
What Do the Courts prefer?
Indian
courts have ruled both for and against mothers in such cases, depending on
facts:
·
In Binita Jagdish Shah
v. Jagdish Devji Shah, 2006 SCC Bom 1235, the Bombay High Court allowed
the mother to change the child’s surname to hers, recognizing the child’s
welfare and social identity after divorce.
·
In other cases, courts
have refused unilateral surname changes, especially when done without informing
the father, stating it could harm the child’s emotional stability or create
confusion.
5.
Rights Over Custody vs. Naming Rights
Even
if a mother has sole custody of the child, it does not automatically give
her the right to change the child’s surname.
The
biological father retains legal rights unless his parental status has been
legally terminated (e.g., through adoption or abandonment). Therefore, surname
change must pass the legal test of child welfare.
LEGAL
BACKINGS
1.
MARRIAGE LAWS + PASSPORT RULES – Removal of Spouse’s Name
·
Under the Indian
Passport Rules, after a divorce, a woman has the right to remove her
ex-husband’s name from her passport.
·
Documents required
include the divorce decree, application form, and an affidavit for name change
(Annexure ‘E’).
·
The law recognizes a
woman’s independent legal identity post-divorce.
2.
NAME CHANGE – Gazette Notification Process
To
legally change or revert to a maiden name, a woman must:
·
File an affidavit for
name change,
·
Notify the Official
Gazette.
·
This procedure is
recognized across all government documents and enables legal name correction
after divorce.
3.
Guardians and Wards Act, 1890 – Child’s Surname Change
·
Under Sections 7 and
17, the District or Family Court can decide if a minor’s surname can be
changed, based on the child’s welfare.
·
The court assesses:
·
Whether the change
serves the child’s best interest,
·
The relationship with
the biological father,
·
Custodial arrangements
and emotional well-being.
4.
High Court Judgment – Binita Jagdish Shah v. Jagdish Devji Shah (2006, Bombay
HC)
·
Held that a mother can
change the child’s surname to her own if it benefits the child’s social and
emotional identity, especially after divorce.
·
Reinforces that welfare
of the child is paramount and can override the father’s objection in certain
cases.
5.
Supreme Court – Githa Hariharan v. RBI, AIR 1999 SC 1149
·
Recognized that a
mother is also a natural guardian of the child, not just the father.
·
Strengthens the
mother’s legal authority to make decisions in the child’s interest, though
major decisions like surname change should be supported by a court
order when contested.
FAQs:
Q1.
Can I remove my ex-husband’s name from my documents after divorce?
Yes.
Once divorced, you can legally update
your name on all official documents by submitting the divorce order and
relevant forms.
Q2.
Is my ex-husband’s permission needed to change my surname?
No.
You have full autonomy to change your name post-divorce, either back to your
maiden name or a new name altogether.
Q3.
Can I change my child’s surname without the father’s consent?
Usually,
no. You must approach the court for
permission unless the father is deceased, untraceable, or has legally abandoned
parental rights.
Q4.
What if my child prefers his or hers mothers surname?
Courts
do consider the child’s wishes, especially if the child is mature enough (above
10–12 years), but the final decision rests on best interest and stability.
Q5.
Is there a legal risk in changing my child’s surname without permission?
Yes.
Doing so without proper legal clearance can be challenged by the father in
court and may lead to reversal or legal penalties.
CONCLUSION
Divorce
is not just a separation it is a change of life. The name changes or the change
of the surname of the child is also a significant step towards the future in
the lives of many women. It is quite natural that when a woman changes her name
after divorce, it is a personal and protected right, but when it comes to the
name change of a child, then the scrutiny is doubled, and the legal rights of
both parents must be taken into consideration.
When
you are handling these decisions and willing to change your or your child’s
surname, an Expert lawyer experienced in family matters should help you
achieve the required changes, which should consider your preferences, the
safety of the child, and legal clarity. It is your right to seek to reclaim
identity, but that you should do it the right way to have a peace of
mind that will last long.
************
TOPIC : TERRITORIAL JURISDICTION TO FILE RCRINTRODUCTION: In the landscape of matrimonial law in India, Restitution of conjugal Rights (RCR) is a legal remedy available to a spouse when the other spouse read more
TOPIC
: TERRITORIAL JURISDICTION TO FILE RCR
INTRODUCTION:
In the landscape of matrimonial law in India, Restitution of conjugal Rights
(RCR) is a legal remedy available to a spouse when the other spouse has
withdrawn from the society of the other spouse without a reasonable excuse. It
is governed by Hindu Marriage Act, 1955.
When
it comes to filing a RCR case in India, one crucial aspect to consider is
territorial jurisdiction and its implications for filing RCR.
WHEN CAN A RCR PETITION
BE FILED?
Section
9 of the Hindu Marriage Act, 1955 states that the court may grant a decree for
restitution of conjugal rights under the following conditions:
1. When
either party without giving any reasonable cause, withdraws from the society of
the other spouse
2. The
courts is satisfied with the fact that the statements made in the petition are
true
3. There
is no legal ground on which the petition shall be declined
WHAT IS TERRITORIAL
JURISDICTION?
Territorial
jurisdiction refers to the geographical area within which a particular court
has the authority to decide a case. In matters related to RCR, the territorial
jurisdiction determines the correct Family Court or District court where the
petition should be instituted.
LEGAL PROVISIONS
GOVERNING JURISDICTION IN MATRIMONIAL CASES
For
Hindus, Section 19 of the Hindu Marriage Act, 1955 lays down the rules of
territorial jurisdiction. It states that a petition under the Act may be
presented to the district court within the local limits of whose ordinary civil
jurisdiction:
1. The
marriage was solemnized or
2. The
respondent, at the time of the presentation of the petition, resides, or
3. The
parties to the marriage last resided together, or
4. In
case the wife is the petitioner, where she is residing on the date of
presentation, or
5. The
petitioner is residing, in case the respondent is outside India or not heard of
for seven years.
IMPORTANCE OF CHOSING
THE RIGHT JURISDICTION
Filing
the RCR petition in the wrong court may result in the case being dismissed for
lack of jurisdiction or being transferred. It can lead to unnecessary delays
and costs. Therefore, identifying the appropriate court is crucial for the
effective pursuit of relief.
CONCLUSION
Territorial
jurisdiction in RCR cases ensures that the legal process is fair and convenient
for both parties. Whether you are seeking to restore your marital relationship
or defending against such a petition, understanding where to file or challenge
an RCR petition is vital. It is always advisable to consult a family law expert to ensure the case is instituted in the correct court
with appropriate jurisdiction.
INTRODUCTION"Shared household" means a household where the aggrieved person (woman) lives or has lived at any stage in a domestic relationship, either singly or along with the respondent, and includes read more
INTRODUCTION
"Shared
household" means a household where the aggrieved person (woman) lives or
has lived at any stage in a domestic relationship, either singly or along with
the respondent, and includes such a household whether owned or tenanted either
jointly by the parties or singly by either of them, or jointly or singly by any
member of the joint family of which the respondent is a member.
This
means that ownership of the property is not a requirement. What matters is that
the woman lived there in a domestic relationship — as a wife, daughter-in-law,
or live-in partner.
When
we think of domestic violence, our minds often turn to physical abuse. But the
reality is far more complex — domestic violence can also be emotional,
psychological, and even economic. One of the most subtle yet devastating forms
of abuse is the forced eviction of a woman from her home. Recognizing this
harsh truth, the Protection of Women from Domestic Violence Act, 2005 (DV Act)
introduced the progressive and protective concept of the shared household,
aimed at ensuring that women are not deprived of shelter and security in times of crisis.
LEGAL
PROVISIONS
SECTION 2(s) OF
PROTECTTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
This
section explains the term “shared household” as a household where a woman must
have resided in a domestic relationship (relationships by marriage, blood, or
through a live-in partnership). The particular property may be owned, rented or
occupied jointly. Even if the respondent (such as husband or in-laws) later
denies her stay, the fact that she lived there at any time grants her legal recognition
of that space as a shared household.
SECTION 17 OF
PROTECTTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
This
section grants a statutory right of residence to every women in shared
households:
According
to Section 17(1) every woman in a domestic relationship shall have the right to
reside in the shared household, regardless of her legal or equitable interest
in it.
According
to Section 17(2), a woman cannot be evicted or excluded from the shared
household except in accordance with the law.
SECTION 19 OF
PROTECTTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
This
section enables the Magistrate (judge) to issue orders to ensure a woman can
live safely in her home when she is subjected to domestic violence.
If
the Magistrate believes that domestic violence has occurred, they can issue any
of the following directives:
-
Prevent the respondent (the accused individual) from disturbing or removing the
woman from her home.
-
Instruct the respondent to vacate the premises, particularly if cohabiting could
endanger the woman.
-
Prohibit the respondent or his family members from accessing specific areas of
the home where the woman resides.
-
Bar the respondent from selling, donating, or mortgaging the property.
-
Direct the respondent to arrange alternative housing or cover rent for a
separate residence if the woman is unable to remain in the shared home.
SECTION 498-A OF INDIAN
PENAL CODE, 1860: Corresponding law – Section 85 of The BharatiyaNyayaSanhita,
2023
According
to section 498-A of Indian Penal Code, 1860 if a husband or his relatives
harass, hurt, or torture a woman physically or mentally, can be punished under
this law.
Punishment
maybe jail upto 3 years and fine.
The
offence is considered to be cognizable offence (police can take action without
permission from court) and non-bailable offence (bail is not automatic)
RELEVANT
CASE LAWS
1. Vimalben
Ajitbhai v. Vatslaben Ashokbhai Patel (2008) 4 SCC 649
The
court stated that just being related to the house owner does not give a woman
the right to live in their property , unless she lived there in a domestic
relationship.
2. Vinay
Verma v. Kanika Pasricha and Anr, 2020 SCC 542
The
Delhi High Court clarified that a woman has the right to seek alternate
accommodation under Section 19 of the act if staying in the shared household is
unsafe or not possible.
FAQs
1. What
is the difference between matrimonial home and shared household?
This
is the house where a wife lives (or is supposed to live) with her husband after
marriage. It can be owned by the husband, his parents, or even rented.
On
the other hand "Shared household" under the Domestic Violence Act,
this means any house where the woman has lived with her husband or in-laws as
part of a domestic relationship. She has the legal right to stay there—even if she
doesn’t own it.
2. Who
can claim?
-
Women (only females are covered under
this act)
-
Who are in a domestic relationship with
the respondent – such as
·
Wife or live-in partner
·
Daughter-in- law living with in-laws
·
Mother, sister or female relative living
in the same house
-
Who has lived or is living in the
household where the violence took place.
3. Why
is this provision important?
-
This provision protects women from being
rendered homeless in cases of domestic violence or marital disputes.
-
It ensures a safe residence until
alternate arrangements are made through court orders.
-
Gives a woman legal backing to assert
her right to residence even when she lacks financial independence.
-
4. Can
a woman claim the shared household even after divorce?
Yes, she can claim the
right if the violence has occurred while she was in a domestic relationship.
Courts may allow residence or alternate accommodation depending on the
circumstances.
5. Does
the woman have to be married to claim a shared household?
Not necessarily. The
law also protects women in live-in relationships or any domestic relationship
like marriage.
CONCLUSION:
The
shared household provision is a lifeline for many women. It acknowledges that
home is not just a physical space, but a place of emotional, social, and legal
importance. By allowing women to stay in their homes, the DV Act gives them the
time and space to seek justice without being driven to the streets.
************
TOPIC: DECENCY IN COURT HALLINTRODUCTIONThe courtroom is not just a place where legal disputes are resolved; it is a symbol of justice, discipline, and the rule of law. Every person who enters its premises—be read more
INTRODUCTION
The
courtroom is not just a place where legal disputes are resolved; it is a symbol
of justice, discipline, and the rule of law. Every person who enters its
premises—be it a judge, lawyer, clients, court staff or general public—is
expected to uphold the decorum that the environment demands. Amid the
arguments, evidence, and judgments, one subtle yet powerful element ensures the
smooth functioning of this space: DECENCY.
Decency
in the court hall goes beyond good manners. It reflects a deep respect for the
judicial system and contributes to maintaining the dignity, fairness, and
orderliness that justice requires. In this blog, we explore what courtroom
decency means, why it is crucial, how it is practiced, and answer some common
questions surrounding it. Whether you're a budding law student or a curious
observer, understanding the importance of decency in court is essential for
appreciating the values that keep the legal system just and respected.
KEY
ASPECTS OF COURTROOM DECENCY
For Lawyers and Legal
professionals
1. Adherence
to dress code
Lawyers must strictly
follow the dress code prescribed by the Bar Council of India that is black
coat, white shirt, white bands, and black trousers or saree. The attire
symbolizes discipline, neutrality, and respect for the court.
2. Professional
conduct
Advocates are expected
to maintain a calm, composed and respectful demeanor at all times, both toward
the court and fellow counsel. They must avoid aggressive arguments or personal
attacks.
3. Respectful
Address
Lawyers should address
the bench with appropriate titles such as “ Your Lordship” , “ Your Honour” or
“My Lord/ My Lady”. Use of informal or casual language in strictly
inappropriate.
4. Punctuality
and preparedness
Appearing on time and
being thoroughly prepared for a matter reflects a lawyer’s respect for the
court’s time and seriousness of the proceedings.
5. No
misleading the court
Lawyers must not
knowingly make false statements or misrepresent facts since they are officers
of court having a duty to assist in the delivery of justice.
6. Electronic
conduct
Use of mobile phones,
laptops or tablets in court is allowed only for professional purposes and with
discretion. Ringing phones or distracted behavior is discouraged.
For
general public and litigants
1. Modest
and neat dressing
While there is no
strict dress code for litigants, wearing clean, formal, and respectful clothing
is expected. Avoid casual attire like shorts, sleeveless tops, or flashy
clothing.
2. Silence
and order
Individuals must remain
quiet during proceedings and not talk, laugh, or comment. Any form of
disruption can be seen as contempt of court.
3. Proper
behavior
Gestures such as
pointing fingers, showing anger, shouting, or attempting to approach the bench
without permission are strictly prohibited.
4. Respect
for court personnel
All instructions from
judges, clerks and court officers must be followed respectfully. Arguing or
ignoring directions can lead to disciplinary action.
5. No
mobile usage
Phones must be turned
off or kept silent. Photography, videography or using social media inside the
courtroom is not allowed and may attract penalties.
6. Speaking
only when permitted
Litigants and witnesses
must wait until they are called upon to speak. Speaking out of turn or
interrupting others is not acceptable.
LEGAL BACKING
Decency
in the court hall is not just expected by tradition—it is supported by law.
Several legal provisions ensure that courtroom conduct upholds the dignity of
the judicial process.
1. Bar Council of India
Rules (Part VI, Chapter II)
These
rules, framed under the Advocates Act, set out the professional duties of
advocates:
-
Advocates must behave with dignity and
self-respect in court.
-
Use of improper influence or means to
affect court decisions is strictly prohibited.
-
Advocates must dress appropriately and
avoid conduct that brings disrepute to the profession.
-
Any misbehavior in court can lead to
disciplinary action by the Bar Council.
2. The Advocates Act, 1961
While
the Act itself doesn’t prescribe direct behavioral codes, it empowers
enforcement of courtroom decency:
-
Section 49 allows the Bar Council of
India to frame rules on professional conduct.
-
Section 35 enables disciplinary
proceedings for misconduct, including inappropriate behavior in court.
-
Good character and moral conduct are
essential for enrollment and continued practice.
3. Contempt of Courts
Act, 1971
This
Act protects the dignity and authority of courts:
-
Section 2(c) defines criminal contempt,
which includes any act that scandalizes or lowers the authority of the court.
-
Section 10 empowers High Courts to
punish contempt in subordinate courts.
-
Section 12 provides punishment for
contempt, including fine or imprisonment.
FAQs
Q1.
Who is expected to follow courtroom decorum?
Everyone
present in the courtroom—including judges, advocates, litigants, witnesses,
clerks, and even general public—is expected to observe proper decorum.
Q2.
Can someone be penalized for inappropriate behavior in court?
Yes.
Disrespectful behavior, contemptuous language, or violating courtroom protocols
can lead to warnings, expulsion from the courtroom, or even contempt of court
proceedings under the Contempt of Courts Act, 1971.
Q3.
Are there any rules about how lawyers should behave in court?
The
Bar Council of India establishes guidelines for the behavior of advocates.
Advocates are required to show respect towards the court, adhere to the dress
code, and refrain from any efforts to mislead or improperly sway the judge.
Q4.
Is there a dress code for litigants or general public?
While
there is no codified dress code for litigants, they are expected to wear
simple, formal, and decent clothing. Wearing revealing, flashy, or casual
clothes like shorts, flip-flops, or graphic t-shirts is discouraged.
Q5.
Can I use my phone inside the courtroom?
Mobile
phones should be switched off or kept silent. Use of phones to take pictures,
record videos, or make calls is usually prohibited and may lead to confiscation
or contempt charges.
Q6.
What should I do if I don't understand the courtroom protocol?
If
you are unsure about how to behave or what to do, it’s always best to observe
quietly or ask a court staff member or lawyer. Showing respect and willingness
to comply goes a long way.
CONCLUSION
Respect and decorum in the courtroom might not be prominently featured in headlines, but they are the subtle binding force that maintains the integrity of judicial proceedings. This unspoken principle supports the honor of justice. It transcends mere regulations—it's fundamentally about honoring the law, the court itself, and the democratic principles we uphold.
CHEQUE BOUNCE AFTER LOK ADALAT SETTLEMENT: CIVIL OFFENCE OR CRIMINAL LIABILITY INTRODUCTIONLok Adalats are recognized as an effective form of alternative dispute resolution in India, aimed at enabling read more
CHEQUE
BOUNCE AFTER LOK ADALAT SETTLEMENT: CIVIL OFFENCE OR CRIMINAL LIABILITY
Lok
Adalats are recognized as an effective form of alternative dispute resolution
in India, aimed at enabling swift and friendly settlements. Frequently, parties
agree to resolve their disputes by issuing post-dated cheques as part of the
agreement. However, complications arise when such a cheque is returned unpaid.
This discourse explores whether the dishonour leads to criminal liability under
Section 138 of the Negotiable Instruments Act, 1881, or if the response is
solely civil in nature.
LEGAL
PROVISIONS
•
Section 138 of the Negotiable Instruments Act, 1881: Addresses the dishonour of
a cheque owing to insufficient funds or when the drawer stops payment. It is
categorized as a criminal offence, which may result in imprisonment, a fine, or
both.
•Section
21 of the Legal Services Authorities Act, 1987 stipulates that a judgment from
a Lok Adalat is regarded as a decree of a civil court, which is final and
binding on all parties involved.
RELEVANT
CASE LAWS
1.
M/s Shree Shyam Agencies v. M/s Payal Vision Ltd., 2017 SCC OnLine Del 7743
The
Delhi High Court determined that the dishonour of a cheque issued in connection
with a Lok Adalat settlement can still initiate proceedings under Section 138
of the NI Act, reinforcing that it does not diminish the legal obligation
associated with the cheque.
2. G. Harini v. The
State, 2020 SCC OnLine Mad 3436
The
Madras High Court concluded that the mere fact that a cheque was issued as part
of a settlement does not imply that the offence under Section 138 is nullified.
3. K. R. Indira v. Dr.
G. Adinarayana, (2003) 8 SCC 300
The
Supreme Court emphasized that the purpose of Section 138 is to maintain the
integrity of transactions conducted through cheques, regardless of the
surrounding circumstances.
PRACTICAL
IMPLICATIONS AND REMEDIES
•
Criminal Remedy: The payee may initiate criminal action under Section 138 if
the cheque is dishonoured, even after a Lok Adalat settlement.
•
Civil Remedy: Since a Lok Adalat award is treated as a decree, the payee can
initiate execution proceedings in a civil court to enforce the settlement
terms.
•
Dual Action: Both civil execution and criminal complaints can be pursued
simultaneously, depending on the context and strategy.
•
Proof of Intention: If the cheque was issued solely as a token or for security
rather than as part of a legally enforceable obligation, the criminal case may
not be sustainable.
CONCLUSION
This
blog has examined the legal consequences of cheque dishonour following a Lok
Adalat settlement. While Lok Adalats aim to settle disputes, the occurrence of
a bounced cheque in such a context does not eliminate the statutory remedies
available to the affected party. Courts have consistently upheld that Section
138 is applicable in these situations, depending on the nature of the
transaction. Legal Opinion: The prevailing judicial stance indicates that such
dishonour can be classified as a criminal offence, provided the cheque was
issued in satisfaction of a legally enforceable liability. However, the
particulars of each case must be carefully considered, and parties should
remain vigilant in articulating their settlement terms.
FAQs
Q1.
Is it possible to file a bounced cheque case after reaching a settlement in Lok
Adalat?
Yes,
if the cheque issued as part of the settlement bounces, you can proceed under
Section 138 of the NI Act.
Q2.
Does a Lok Adalat award bar criminal proceedings?
No.
It does not inhibit prosecution for cheque bounce if a legal liability
continues to exist.
Q3.
What civil remedies are available if the cheque bounces?
You
may initiate execution proceedings since the award is regarded as a judgment
from a civil court
Q4.
Can both civil and criminal proceedings be filed together?
Yes,
you are able to pursue both at the same time if the evidence backs it up.
Q5.
What if the cheque was given only as a security?
If
proven, the cheque may not attract criminal liability under Section 138. Courts
examine the intent and purpose behind issuing the cheque.
Whether Girlfriend can file any case against Boy Friend if he refuse to marry – By Kishan Dutt Kalaskar, Advocate Introduction: - Relationships is based on emotional and social expectations, particularly read more
Whether
Girlfriend can file any case against Boy Friend if he refuse to marry – By
Kishan Dutt Kalaskar, Advocate
Introduction: - Relationships is based on emotional and social
expectations, particularly during the involvement of marriage. However, legal
implications arise when a promise to marry is broken. The query whether a
girlfriend can file a case against her boyfriend for refusing to marry comes
with various factors, including the nature of the promise, any involvement of
deceptive nature, and legal provisions.Through this blog we will exploring the
factors surrounding this issue.
Grounds: -
1. False Promise Leading to Sexual Exploitation.
2. Cheating and Fraud.
3. Breach of Contract.
4. Mental Harassment and Emotional Distress under.
5. Dowry-Related Issues.
Provisions: -
1.
IPC, 1860 covers
cases where consent for sexual relations was obtained under false promise of
marriage.
2.
BNS, 2023,
specifically criminalizes false promises of marriage leading to sexual
relations.
3.
Dowry
Prohibition Act, 1961.
4.
Indian Contract
Act, 1872 can also be include.
Case
Law: -
1.
Pramod Suryabhan Pawar v. State of Maharashtra (2019) – The Supreme Court has addressed that if there is a
promise to marry has been made with no intention of fulfillment, it could
amount to rape under Section 376 IPC.
2.
Naim Ahmed v.
State (NCT of Delhi) (2023)* – The honorable court has clarified that not every
breach of promise to marry constitutes a criminal offense, determining the gravity
of the case and respective situation is necessary to be able to deliver just
and fair outcome.
FAQs: -
1.
Can a girlfriend
file a case if her boyfriend refuses to marry after a long relationship?
A: - Yes, after examining the gravity and severity of the
situation including fraudulent conductivity, deception, exploitation etc.
2.
Does breaking an
engagement comes under legal punishment?
A: - Yes, if financial or emotional harm is caused,
civil remedies may be available.
3.
Can a girlfriend
file a rape case if she had consensual relations based on a promise to marry?
A: - Yes, if the promise was made fraudulently with no
intention of fulfillment.
4.
What if the
boyfriend refuses to marry due to parental pressure?
A: - Girlfriend can file a case when deception or
exploitation is involved.
5.
Can a girlfriend
claim compensation for emotional distress?
A: - Yes, civil damages may be awarded depending on
the gravity of the situation, better to take a proper advice from expert Senior
Advocate immediately.
6.
Is there a time
limit for filing a case?
A: - Yes, depending on the nature of the claim
(criminal or civil), preferable to take a consultation from an expert Senior
Advocate.
7.
Can a boyfriend
be jailed for refusing to marry?
A: - Yes, only if it involves refusal, fraud, deception,
or sexual exploitation etc.
8.
Does Indian law
recognize breach of promise to marry as a contract violation?
A: - Yes, only in cases where a formal agreement
exists between both parties.
9.
What should a
girlfriend do if she feels cheated?
A: - The best act will be involving the consultation
with a legal expert to assess the case and determine the best course of action.
10. What is the need for
appointing an advocate during this situation?
A: appointing an advocate
is a crucial part to be able to navigate in a proper direction and also to
ensure the legal procedure, legal paperwork, for representation, to be able to
get help during complex situation and also for physiological support for the
victim and their family members.
**********
When one can file QUASHING PETITION? – By Kishan Dutt Kalaskar, AdvocateIntroduction: The Bharatiya Nagarik Suraksha Sanhita provides the High Court the authority to use its inherent authority to stop read more
When one can file QUASHING PETITION? – By Kishan Dutt Kalaskar,
Advocate
Introduction:
The Bharatiya Nagarik
Suraksha Sanhita provides the High Court the authority to use its inherent
authority to stop the misuse of the legal system by quashing criminal
proceedings. A quashing is a request to the High Court to terminate or quash
criminal proceedings, FIRs or chargesheet that are illegal, unjust, or abuse of
the court process. The judiciary uses quashing petitions under section528 as a
vital instrument to step where carrying on with judicial process would be unfair,
oppressive, or inconsistent with the equity principles.
Section 484 of BNSS
vests inherent powers in the High Court to make orders necessary to prevent the
abuse of the legal system. The clause’s broad and discretionary application
permits the court to get involved at any point during the proceedings.
In India, false FIRs,
malicious prosecutions or unnecessary criminal proceedings can often lead to
harassment of innocent persons. In such cases, the law provides a powerful remedy:
filling a quashing petition before the High Court.
Ground for quashing
criminal cases:
1.
FIR is frivolous or motivated- If the complaint appears to be
false, vague or intended for personal revenge the High Court may quash it.
2.
No prima facie case is made out - If even on the face of the
FIR or chargesheet, no offence is disclosed, the court may quash the
proceedings.
3.
Civil Dispute wrongly converted into criminal case –
Sometimes, civil cases like property, money disputes are given a criminal
colour to pressurize the opposite party. Such a misuse can be quashed.
4.
Compromise between parties- If the parties involved reach a
settlement and the continuance of the legal proceedings would serve no purpose;
the High Court may quash the case.
5.
Violation of Legal Procedures – If the FIR or investigation
done without jurisdiction or without following due procedure, the petition may
succeed.
Procedure for filing a
quashing petition:
Filing a quashing
petition in India involves approaching the appropriate court to seek the
cancellation or quashing of a criminal case or charges framed against the
individual.
1.
Before filing a quashing petition, it is advisable to consult
with a qualified legal expert who is specialised in criminal cases.
2.
Drafting the Quashing Petition, The lawyer will draft and
outline the reasons for the quashing. It would outline the grounds on which
quashing is sought like lack of evidence, legal defects, infringement of
fundamental rights, abnormalities in the law .
3.
Prepare Affidavit – The quashing petition needs to support by
an affidavit. The cases facts and the legal justification for quashing are
usually included in the affidavit it should also mention the grounds for
quashing.
4.
Attach relevant documents- Any relevant documents supporting
the grounds for quashing should be attached to the petition. Which may include
court orders, FIR, Charge sheet or any other relevant documents.
**********
When Application for Rejection PLAINT can be filed – By Kishan Dutt Kalaskar, Advocate Introduction-In civil litigation, an application for rejection of a plaint under Order VII Rule 11 of the Code of read more
When
Application for Rejection PLAINT can be filed – By Kishan Dutt Kalaskar,
Advocate
Introduction-
In
civil litigation, an application for rejection of a plaint under Order VII Rule
11 of the Code of Civil Procedure, 1908 (CPC), serves as a crucial preliminary
objection. It can be filed by the defendant at the outset or at any stage of
the suit proceedings if the plaint, on its face, fails to disclose a cause of
action, is undervalued or under-stamped, or if the suit is barred by any law.
This application tests the very foundation of the plaintiff’s claim, allowing
the court to reject the plaint without proceeding to trial. The grounds
include: (a) where the plaint does not disclose a cause of action, meaning the
facts alleged, even if true, would not entitle the plaintiff to any relief; (b)
where the relief claimed is undervalued or the court fee paid is insufficient
and the plaintiff fails to rectify it within the time granted by the court; (c)
where the suit appears barred by any law, like limitation or res judicata; and
(d) where the plaint is not filed in duplicate as required. Importantly, the
application should be considered at the earliest opportunity, ideally before
the trial starts, to avoid unnecessary proceedings. The provision empowers the court
to summarily weed out meritless suits, conserving judicial time and protecting
defendants from vexatious litigation. However, courts exercise caution,
ensuring that technical objections do not stifle genuine claims prematurely.
Thus, filing an application for rejection of plaint is a vital procedural
safeguard that balances efficiency with fairness.When a defendant believes that
the plaint is liable to be rejected, they can file an application under Order
VII Rule 11 of the CPC. The application must clearly state the specific
ground(s) for rejection and be supported by relevant legal reasoning. The court
will then scrutinize the plaint as a whole, along with any documents attached
to it, to decide if any of the grounds under Order VII Rule 11 are met. Importantly,
the court will not consider the defence of the defendant at this stage but will
focus solely on the contents of the plaint itself.Provisions Related to When an
Application for Rejection of Plaint Can Be Filed
Provisions:
The
key provision governing the rejection of a plaint is Order VII Rule 11 of the
CPC. This rule empowers the court to reject a plaint at any stage of the
proceedings if it falls under any of the following grounds:
Order
VII Rule 11(a): When the plaint does not disclose a cause of action — i.e.,
even if all the allegations are accepted as true, they do not entitle the
plaintiff to any relief.
Order
VII Rule 11(b): When the relief claimed is undervalued, and the plaintiff,
after being given an opportunity by the court, fails to correct the valuation
within the time fixed.
Order
VII Rule 11(c): When the plaint is insufficiently stamped, and the plaintiff
does not pay the required court fee within the time allowed.
Order
VII Rule 11(d): When the suit appears from the statement in the plaint to be
barred by any law — such as limitation, res judicata, or any statutory bar.
Order
VII Rule 11(e): When the plaint is not filed in duplicate as mandated by
procedural law.
Order
VII Rule 11(f): When the plaint does not comply with the requirements of Order
VII Rule 9 (e.g., failing to provide copies of the plaint and annexures).
Procedural
steps:
An
application for rejection of plaint can be filed by the defendant at any stage,
but the court is expected to decide it as soon as it is raised, to prevent
unnecessary litigation. The court, while considering such an application, looks
only at the averments in the plaint and the documents submitted by the
plaintiff. For instance, suppose a plaintiff files a suit seeking recovery of
money based on a time-barred debt — meaning the statutory period for filing
such a suit has expired. The defendant can promptly file an application under
Order VII Rule 11(d), asserting that the suit is barred by limitation. If the
court finds merit in this argument, it will reject the plaint at the threshold
without delving into the factual details of the case, thereby saving time and
resources for all parties involved.
FAQS
Q1.
At what stage can an application for rejection of plaint be filed?
A1.
It can be filed at any stage of the proceedings — either right at the start
(after filing of the plaint) or even during the trial if it appears that the
plaint should have been rejected.
Q2.
Can the court reject a plaint Suo motu (on its own)?
A2.
Yes, the court has the power to examine the plaint even without an application
and reject it if it falls under any ground specified in Order VII Rule 11.
Q3.
What is the procedure for filing an application for rejection of plaint?
A2.
Yes, the court has the power to examine the plaint even without an application
and reject it if it falls under any ground specified in Order VII Rule 11.
Q4.
Can the court consider evidence beyond the plaint for deciding an application
under Order VII Rule 11?
A4.
No, the court decides the application solely on the basis of the plaint and its
accompanying documents.
Q5.
What happens if the court rejects the plaint?
A5.
The rejection of plaint is a decree under Section 2(2) of the CPC and is
appealable under Section 96 of the CPC.
*********

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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.
YOU HAVE AGREED TO THIS TRANSACTION TERMS BY CLICKING THE AGREE BUTTON