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A mere cheque bounce can attract criminal proceedings as under Section 138 of the Negotiable Instruments Act, 1881. The person in whose favour the cheque was drawn files a complaint against the person read more
A mere cheque bounce can attract
criminal proceedings as under Section 138 of the Negotiable Instruments Act,
1881. The person in whose favour the cheque was drawn files a complaint against
the person who drew the cheque but the payment did not succeed as provided
under Section 138 of NI Act. There is a provision under Section 143A of NI Act
to provide financial relief to the complainant even before the matter is
decided. So here, we are discussing how a complainant can get interim
compensation under Section 143A of NI Act, and the accompanying rules which lay
the path for interim relief to the complainant in a cheque bounce matter.
Amended Cheque Bounce
Provisions- 143A & 148…what is it?
Section 143A- It empowers the Court to order the drawer of the cheque to
pay Interim Compensation - 20% - Without
depositing this amount the accused cannot defend the case.
Section 148 – It empowers the Appellate Court to order payment
pending the appeal against conviction
The Appellate Court may order the appellant to deposit an amount which shall be a minimum of 20% of the fine or compensation awarded by the trial Court.
This amount shall be in addition to the amount already paid by the appellant under Section 143A.
It received the assent of the President and was notified in the Official Gazette on 02.08.2018
Insertion of a new section 148 related to Deposit in case of appeal
The Amendment Bill inserts a new Section 143 (A) in the NIA Act of 1881 to provide that the court trying an offence under Section 138 may order the drawer of the cheque to pay interim compensation to the complainant, in a summary trial or a summon case, where the drawer pleads not guilty to the accusation made in the complaint; and in any other case, upon framing of charge. The interim compensation so payable shall be such sum not exceeding 20 per cent of the amount of the cheque.
The said interim compensation has to be paid within a period of 60 days from the date on which the order to that effect is made. The interim compensation so recovered shall be deductible from the amount of fine imposed under Section 138 by the Magistrate upon conviction of the drawer or any compensation directed to be paid under section 357 of the Code of Criminal Procedure(CrPC), 1973 (Section 395 of BNSS, 2023). Section 138 of the Act of 1881 provides for imposition of a sentence of imprisonment not exceeding a period of 2 years or fine extending to twice the amount of the dishonoured cheque or both.
The said amount of interim compensation may be recovered in the manner provided under section 421 of CrPC i.e., Section 463 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – by way of attachment and sale of any movable property of the drawer, or a warrant to the Collector of the concerned district to recover the same as arrears of land revenue from the movable or immovable property of the drawer.
b) Insertion of a new section 148 related to Deposit in case of appeal:
the insertion of Section 148 in the Act of 1881 whereunder, in an appeal by the drawer against conviction under Section 138, the Appellate court is empowered to order the appellant to deposit such sum which shall be a minimum of 20 per cent of the fine or compensation awarded by the trial court. The amount so payable shall be in addition to any interim compensation paid by the Appellant under Section 143A. Also, the same has to be deposited within a period of 60 days from the date of order or within such further period not exceeding 30 days or may be directed by the Court on sufficient reasons being shown by the Appellant.
c) Returning the interim compensation/deposit:
In case the drawer is acquitted
(during trial or by the Appellate court), the court will direct the complainant
to return the interim compensation (or deposit in case of an appeal case),
along with an interest at the bank rate as published by the Reserve Bank of
India, prevalent at the beginning of the relevant financial year. This amount
will be repaid within 60 days of the court’s order, or within such further
period not exceeding 30 days as may be directed by Court on sufficient grounds
shown by the complainant.
The provision regarding interim compensation for a Cheque bounce case under Section 138 of NI Act was not there in the original
law, but has been recently inserted through an amendment in the year 2018. The
Section 143A of NI Act gives liberty to the Trial Court to direct drawer of the
cheque, the accused in this case, to pay interim compensation to the
complainant when he pleads not guilty or after framing of charges, as the case
may be. There is a bar on compensation to be restricted to 20% of the amount
involved under Section 138 of Negotiable Instruments Act.
After filing of complaint under Section 138 of Negotiable
Instruments Act, 1881, the next date usually happens to be when the drawer of
the cheque appears before the Trial Court, gets bail, and the Court frames
charges against him/her. The Court may itself direct the accused to pay
compensation of part amount to the complainant, which may not be more than 20%
of the amount involved in cheque.
At this point, the complainant may present an application
under Section 143A of the NI Act, stating that notice was issued after filing
of a complaint under Section 138 of NI Act, however, the accused/drawer of
cheque has not paid any amount to the complainant in furtherance of the amount
involved in the cheque, which is subject matter of the case. The Court may
therefore direct the accused to pay compensation of 20% or less of the amount
of the cheque involved. Such an accused has 60 days to pay the said compensation.
The term may be extended for another 30 days if the accused is able to convince
the Court for the existence of sufficient reasons for his inability to pay
compensation within 60 days. In total, the accused gets 90 days to pay the
compensation under Section 143A of NI Act.
It may be noted that if the accused person fails to pay the
said amount of compensation as directed by the Court under Section 143A of NI
Act, the Court may issue warrant for recovery of the said amount in accordance
with Section 421 of CrPC, i.e., Section 463 of the Bharatiya Nagarik Suraksha
Sanhita, 2023. The said provision provides for recovery through attachment and
sale of property. If guilt of the accused is proved at the end of trial, the
said 20% amount is adjusted in the final amount payable in cheque bounce case.
Once a Court has ordered in favour of the complainant and
directed the accused to pay interim compensation of 20% or less to the
complainant, the Court itself specifies the mode through which such amount
shall be paid. The said Court orders may direct the accused to deposit the
amount in the favour of the District Judge in the form of a Demand Draft. In
such case, the complainant in turn has to apply to the said judge for
withdrawal of the interim compensation. In some cases, the Court may order
payment in favour of the NAZARAT branch of the Court, and the complainant may
later withdraw the amount from there. As per recent trends, the Court may order
an interim compensation amount to be directly transferred in the complainant’s
bank account. In any case, it is the Court which decides the mode through which
interim compensation under Section 138 of NI Act has to be paid.
If the person is acquitted by the Court in a Cheque Bounce
Case under Section 138 of Negotiable Instruments Act, he/she is entitled to get
back the amount paid earlier in the name of compensation under Section 143A of
NI Act along with interest in accordance with the rate decided under the RBI
Rules. The said amount can be legally recovered from the complainant.
*****
In Western countries like USA, Britain, France, etc the purpose of having a Constitution, whether written ( as in USA, France, Germany etc ) or unwritten ( as in U.K. ) is basically (1) to set up the read more
The institution of marriage holds significant importance and plays a crucial role in society. Despite the rising trend of divorce cases being filed in courts, marriage is still regarded as a sacred, spiritual, read more
The
institution of marriage holds significant importance and plays a crucial role
in society. Despite the rising trend of divorce cases being filed in courts,
marriage is still regarded as a sacred, spiritual, and deeply emotional bond
between husband and wife in Indian society. It is governed not only by legal
frameworks but also by societal norms. Numerous other relationships arise from
and flourish through matrimonial bonds.
Divorce,
in simple terms, is the legal ending of a marriage through the Court, but the
process and laws differ depending on religion in India. Hindus, Muslims, and
Christians each have different procedures. Divorce involves not only the
separation of husband and wife but also decisions about child custody and
property division.
Theories
of Divorce
There
are three main theories about divorce:
1. Fault
Theory:
In
this theory, one spouse can seek a divorce if the other spouse has committed a
wrongdoing or matrimonial offense. Section 13 of the Hindu Marriage Act
outlines the grounds for this type of divorce.
2. Mutual
Consent Theory:
This
type of divorce is covered under Section 13-B of the Hindu Marriage Act. It
allows both the husband and wife to agree to a peaceful divorce. Before
proceeding, they must settle issues like alimony and child custody. The two key
conditions for this type of divorce are: (i) mutual consent, and (ii) the
couple must have lived separately for at least one year.
3. Irretrievable
Breakdown of Marriage Theory:
This
theory applies when the husband and wife can no longer live together, and the
marriage is beyond repair. For example, if they are constantly quarrelling or
living apart, it could lead to an irretrievable breakdown. Unlike the other
two, there is no specific law for this in India yet. The Court examines the facts
and evidence to decide if the marriage can be saved or not.
On
May 1st, 2023, a Constitution Bench of the Supreme Court gave a
unanimous judgment in the case of Shilpa Sailesh v Varun Sreenivasan.
The Court ruled that it has the power to directly grant a divorce on the
grounds of ‘irretrievable breakdown of marriage’ under Article 142 of the
Constitution.
Background
The
Bench explained that Article 142 gives the Supreme Court special powers to
ensure justice, fairness, and good conscience. This article is unique because
it allows the Court to go beyond normal legal procedures and laws to achieve
'complete justice'. However, the Bench also noted that this power must be used
with caution and responsibility, while respecting basic principles like
fundamental rights, secularism, and federalism, which are key parts of the
Indian Constitution. Additionally, any specific public policy expressed in laws
should also be protected.
Supreme
Court's Power to Grant Divorce Under Article 142
According
to Section 13B of the Hindu Marriage Act, 1955, couples seeking a mutual
consent divorce must wait for 6-18 months after filing a joint application. If
the application is not withdrawn during this time, the court can move ahead and
grant the divorce. The Bench ruled that under Article 142, the Supreme Court is
not required to follow this waiting period and can grant a divorce even if the
case is still ongoing in a Family Court. The Court can also grant a divorce due
to an ‘irretrievable breakdown of marriage’, even if one spouse disagrees, if
it is necessary for justice.
The
Bench acknowledged that the waiting period can be a barrier in cases where a
marriage is clearly beyond saving, but it also stressed the importance of this
time gap, which gives couples the chance to reconsider their decision. The
waiting period can only be skipped if the Court believes that the marriage is
completely beyond repair.
Before
deciding if a marriage is irretrievably broken, the Court will consider factors
like:
· How
long the couple lived together after marriage
· The
last time they lived together
· The
nature of the accusations made against each other
· Any
attempts to resolve their issues
· A
sufficiently long period of separation between them.
"Irretrievable
breakdown of marriage" is not a direct reason for divorce. However, when
reviewing the evidence to decide if there are valid grounds for divorce, the
Court can consider the circumstances. Divorce cannot be granted on this basis
if the person seeking it is at fault themselves.
Divorce
on the grounds of irretrievable breakdown can be allowed when both partners
have made such serious accusations against each other that the marriage seems
beyond saving and they can no longer live together. The Court should use this
power very carefully and only in special cases where it is truly in the best
interest of both spouses.
Recent
cases like Rajib Kumar Roy v. Sushmita Saha (2023) confirmed that
forcing a couple to stay in a broken marriage can amount to cruelty. Another
landmark case was Naveen Kohli v. Neelu Kohli (2006), where the
Court observed that when a marriage is beyond repair, it is unfair to continue
the legal relationship. The judgment emphasized that compelling a couple to
stay together in such cases would only result in greater emotional and psychological
harm.
The
SC carefully considers various factors, including how long the couple has lived
apart, the last time they cohabited, and any efforts to reconcile before
concluding that the marriage is irreparable. In such cases, even if one party
contests the divorce, the Court can still dissolve the marriage to avoid
further harm.
These
decisions have made the concept of irretrievable breakdown a valid basis for
divorce in exceptional cases, though it hasn't been incorporated into statutory
law yet.
I have been motivated to write this article by the judgments and speeches of Justice BV Nagarathna, Judge of the Indian Supreme Court, whom I greatly admire, and who is in line of becoming the first woman read more
INTRODUCTION Live-in relationships are the newest form of cohabitation among partners who are not legally married to each other. Its acceptance in India, especially in cities, is unprecedented. Yet, the read more
INTRODUCTION
Live-in relationships
are the newest form of cohabitation among partners who are not legally married
to each other. Its acceptance in India, especially in cities, is unprecedented.
Yet, the practice has always been a matter of debate, particularly on its lawfulness
and social legitimacy. In a
country where traditional weddings have dominated partnerships for centuries,
the introduction of live-in relationships signaled a turning point in the
marital tides. The Indian legal system has adapted to a new reality and, for
the first time in our legal system, has established a framework for the
protection of rights and welfare of those participating in such relationships.
Legal Status of Live-in
Relationships
Article 21,
Constitution of India provides the right to personal liberty, which has been
construed to include the right of privacy as well as the freedom of choice in
matters of personal relationships. Therefore, although a live-in relationship
is not unlawful per se, it has not been formally recognized like the
institution of marriage.
Judicial Recognition of
Live-in Relationships
Indian courts have played a significant role in
clarifying the dimensions of legality to such relationships. The judiciary has evolved to recognize
cohabiting couples' rights under the Domestic Violence Act of 2005, as well as
the maintenance laws.
1. Protection of Women
from Domestic Violence Act 2005- PWDVA
The PWDVA defines
domestic relationships broadly, inclusive of live-in relationships within its
purview. Section 2(f) of the Act defines a domestic relationship as referring
to a relationship between two persons who live, or at any point in time have
lived together in a shared household. This definition has enabled women in
live-in relationships to claim protection against abuse and entitlement to
maintenance under the Act.
2. Section 125 of the
Code of Criminal Procedure, 1973 (CrPC)
Maintenance laws were
only designed with legal marriages in mind. Now, the door is open to live-in
relationships as well. A woman can seek maintenance under Section 125 of the
CrPC if she establishes that she has a relationship similar to that of a wedded
couple. This therefore prevents women in live-in relationships from the
vulnerabilities of remaining financially drained.
Landmark Case Laws on
Live-in Relationships
There are several
landmark judgments that have helped in defining clarity about the legal rights
of partners in live-in relationships in India. These cases reflect how judicial
attitudes have evolved toward recognizing rights involved in live-in
relationships.
1. Badri Prasad v. Dy.
Director of Consolidation, 1978
In the case of this
judgment, the Supreme Court of India formally recognizes a relationship that
had gone on for 50 years live-in. It ruled that such a relationship is valid
and the couple shall be presumed to be lawfully married considering the long
duration spent together. This was probably one of the first cases where the
judiciary took a liberal view of the live-in relationship.
2. S. Khushboo vs.
Kanniammal & Anr, 2010
This was a landmark
case wherein the Supreme Court had quashed criminal charges against the actress
Khushboo, who had made some public statements in favour of pre-marital sex
notion and live-in relationships. The Supreme Court pronounced that live-in
relationships do exist and are legal not an offense punishable under criminal
law. This judgment has proved that living together is a matter of personal
choice, and two consenting adults cannot be prosecuted under any law for such
relationships.
3. D. Velusamy vs. D.
Patchaiammal, 2010
In this case, the
Supreme Court espoused the principle of "relationship in the nature of
marriage." It laid down that all live-in relationships cannot find their
place under the legal fold, and especially under the PWDVA. If a live-in relationship
is to be qualified for legal recognition, it shall have such criteria as to
seem like a marriage. The Court provided guidelines as follows:
·
The couple must appear to be like
husbands and wives.
·
They must have cohabitated voluntarily
for a substantial period.
·
They must have been of marriageable age
according to law.
·
They must be unmarried or if the parties
had earlier been married, that previous marriage must be declared to have been
dissolved by a divorce that was effective before the date of their entering
into this relationship.
This judgment made a
clearer definition of live-in relationships thereby differentiating casual
relationships with those resembling marriages.
4. Indra Sarma
vs. V.K.V. Sarma, 2013
In the case of Indra
Sarma, the Supreme Court explained the concept of "relationship in the
nature of marriage" further. Here, the Court held that for determining a
live-in relationship not even similar to a marriage, it cannot be brought under
the PWDVA. The court also set some parameters to decide whether the
relationship between the couple is similar to marriage or not:
·
The period of relationship
·
Common home
·
Pool of resources and common money
·
Sexual relationship, children, and
social identity.
This was a significant
step in distinguishing between those relationships that may garner legal
protection and mere cohabitation agreements.
5. Nandakumar & Anr
v. State of Kerala, 2018
In this case, the
Supreme Court interpreted that two consenting adults in a live-in relationship
are entitled to protection under the law, even if one of them has not attained
the marriageable age. The Court ruled that such a relationship is not illegal.
The verdict is also significant in upholding the right to personal liberty in
live-in relationships.
Rights of Children Born
in Live-in Relationships
Live-in relationships:
The child born of such live-in relations is entitled to certain rights, which
are protected under the law. In fact, in the case of Tulsa & Ors vs.
Durghatiya & Ors, 2008, the Hon'ble Supreme Court has ruled that
children born from live-in relationships were also legitimate children and
entitled to the same rights as children born to married couples. So, the
illegitimate nature of children born in such relationships cannot make a
discrimination in inheritance rights.
Besides, the Honourable
Supreme Court of India, in Revanasiddappa vs. Mallikarjun, 2011 cited
that a child's illegitimacy should not be the basis for determining his or her
rights. The rights to property of children born in live-in relationships are
the same as children born in marriage.
Social Acceptance and
Challenges
Despite legal
recognition, Indian live-in relationships have faced stiff social resistance,
primarily in conservative and even rural communities. The other challenges are
social stigma, moral policing, and less support from family for the couples
going into the live-in arrangement.
In addition, the
judicial consideration of live-in relationships usually rests with the courts.
Though progressive judgments have protected women and children, there are no
uniform laws governing live-in relationships. The position is controversial.
Conclusion
Live-in relationships
in India have undergone transformation from being socially unacceptable to
achieving legal recognition and protection under specific conditions. In many
judicial pronouncements, the rights of women, children, and partners in live-in
relationships have been safeguarded to a great extent. However, the absence of
an all-round legislation on live-in relationships creates a legal vacuum that
can only be filled through judicial interpretation case-by-case. As the
socio-economic and cultural norms change, this legal fabric of live-in
relationships would likely move forward, providing clearer guidelines and
much-needed protection to those who have chosen this lifestyle.
Several Bar Associations in India, whether High Court Bar Associations or District Court Bar Associations, often pass resolutions that their members will not defend a particular person or persons read more
Several Bar Associations in India, whether High Court Bar Associations or District Court Bar Associations, often pass resolutions that their members will not defend a particular person or persons accused in a criminal case.
Sometimes there are clashes between policemen and lawyers, and the Bar Association passes a resolution that none of its members will defend the policemen in the criminal case pertaining to that clash. Similarly, sometimes the Bar Association passes a resolution that they will not defend a person who is alleged to be a terrorist, or accused of a brutal crime, or is said to be a serial killer or child molester, or is allegedly involved in a gang rape or other heinous crime.
In my opinion, such resolutions are wholly illegal, against all traditions of the bar, and against professional ethics. Every person, however, wicked, depraved, vile, degenerate, perverted, loathsome, execrable, vicious or repulsive he may be regarded by society has a right to be defended in a court of law, and correspondingly it is the duty of a lawyer to defend him.
Some historical examples may be given in this connection.
When the great revolutionary writer Thomas Paine was jailed and tried for treason in England in 1792 for writing his famous pamphlet `The Rights of Man' in defence of the French Revolution, the great advocate Thomas Erskine (1750-1823) was briefed to defend him. Erskine was at that time the Attorney General for the Prince of Wales and he was warned that if he accepts the brief, he would be dismissed from office. Undeterred, Erskine accepted the brief and was promptly dismissed from office.
However, his immortal words in this connection stand out as a shining light even today :
"From the moment that any advocate can be permitted to say that he will or will not stand between the Crown and the subject arraigned in court where he daily sits to practice, from that moment the liberties of England are at an end. If the advocate refuses to defend from what he may think of the charge or of the defence, he assumes the character of the Judge; nay he assumes it before the hour of the judgment; and in proportion to his rank and reputation puts the heavy influence of perhaps a mistaken opinion into the scale against the accused in whose favour the benevolent principles of English law make all assumptions, and which commands the very Judge to be his Counsel"
Indian lawyers have followed this great tradition. The revolutionaries in Bengal during British rule were defended by our lawyers, the Indian communists were defended in the Meerut conspiracy case, Razakars of Hyderabad were defended by our lawyers, Sheikh Abdullah and his co-accused were defended by them, and so were some of the assassins of Mahatma Gandhi and Indira Gandhi. In recent times, Dr. Binayak Sen has been defended. No Indian lawyer of repute has ever shirked responsibility on the ground that it will make him unpopular or that it is personally dangerous for him to do so.
It was in this great tradition that the eminent Bombay High Court lawyer Bhulabhai Desai defended the accused in the I.N.A. trials in the Red Fort at Delhi (November 1945 - May 1946).
However, disturbing news often comes from several parts of the country where bar associations refuse to defend certain accused persons.
The Sixth Amendment to the US Constitution states "In all criminal prosecutions the accused shall enjoy the right .......to have the assistance of counsel for his defence".
In Powell vs. Alabama 287 US 45 1932 the facts were that nine illiterate young black men, aged 13 to 21, were charged with the rape of two white girls on a freight train passing through Tennessee and Alabama. Their trial was held in Scottsboro, Alabama, where community hostility to blacks was intense. The trial judge appointed all members of the local bar to serve as defense counsel. When the trial began, no attorney from the local bar appeared to represent the defendants. The judge, on the morning of the trial, appointed a local lawyer who undertook the task with reluctance. The defendants were convicted. They challenged their convictions, arguing that they were effectively denied aid of counsel because they did not have the opportunity to consult with their lawyer and prepare a defense. The U.S. Supreme Court agreed. Writing for the court, Mr. Justice George Sutherland explained :
"It is hardly necessary to say that the right to counsel being conceded, a defendant should be afforded a fair opportunity to secure counsel of his own choice. Not only was that not done here, but such designation of counsel as was attempted was either so indefinite or so close upon the trial as to amount to a denial of effective and substantial aid....."
In the same decision Justice Sutherland observed:
"What, then, does a hearing include? Historically and in practice, in our own country at least, it has always included the right to the aid of counsel when desired and provided by the party asserting the right. The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law. If charged with crime, he is incapable, generally, of determining for himself whether the indictment is good or bad. He is unfamiliar with the rules of evidence. Left without the aid of counsel he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and knowledge adequately to prepare his defense, even though he have a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence. If that be true of men of intelligence, how much more true is it of the ignorant and illiterate, or those of feeble intellect. If in any case, civil or criminal, a state or federal court were arbitrarily to refuse to hear a party by counsel, employed by and appearing for him, it reasonably may not be doubted that such a refusal would be a denial of a hearing, and, therefore, of due process in the constitutional sense".
In this connection one may also refer to the legendary American lawyer Clarence Darrow (1857-1938) who was strongly of the view that every accused, no matter how wicked, loathsome, vile or repulsive he may be regarded by society, has the right to be defended in court. Most lawyers in America refused to accept the briefs of such apparently wicked and loathsome persons, e.g. brutal or serial killers, terrorists, gang rapists, etc.
But Clarence Darrow would accept their briefs and defend them, because he was firmly of the view that every person has the right to be defended in court, and correspondingly it was the duty of the lawyer to defend. His defences in various trials of such vicious, repulsive and loathsome persons became historical, and made him known in America as the `Attorney for the Damned', (because he took up the cases of persons who were regarded so vile, depraved and despicable by society that they had already been condemned by public opinion) and he became a legend in America (see his biography `Attorney for the Damned').
In Re Anastaplo, 366 US 82 (1961), Mr. Justice Hugo Black of the US Supreme Court in his dissenting judgment praised Darrow and said :
"Men like Lord Erskine, James Otis, Clarence Darrow, and a multitude of others have dared to speak in defense of causes and clients without regard to personal danger to themselves. The legal profession will lose much of its nobility and its glory if it is not constantly replenished with lawyers like these. To force the Bar to become a group of thoroughly orthodox, time-serving, government-fearing individuals is to humiliate and degrade it."
At the Nuremberg trials, the Nazi war criminals responsible for killing millions of people were yet defended by lawyers.
One may also refer to the fictional American lawyer Atticus Finch in Harper Lee's famous novel `To Kill a Mocking Bird'. In this novel Atticus Finch courageously defended a black man who was falsely charged in the State of Alabama for raping a white woman, which was a capital offence in that State. Despite the threats of violence to him and his family by the racist white population in town, and despite social ostracism by the predominant while community, Atticus Finch bravely defended that black man (though he was ultimately convicted and hanged because the jury was racist and biased), since he believed that everyone has a right to be defended. This novel inspired many young Americans to take up law as a profession in America.
The following words of Atticus Finch will ring throughout in history :
"Courage is not a man with a gun in his hand. It is knowing you are licked before you begin, but you begin anyway and you see it through no matter what. You rarely win, but sometimes you do."
In India, Article 22(1) of the Constitution states :
"No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for which arrest, nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice".
Chapter II of the Rules framed by the Bar Council of India states about `Standards of Professional Conduct and Etiquette', as follows :
"An advocate is bound to accept any brief in the Courts or Tribunals or before any other authorities in or before which he proposes to practice at a fee consistent with his standing at the Bar and the nature of the case. Special circumstances may justify his refusal to accept a particular brief".
Professional ethics requires that a lawyer cannot refuse a brief, provided a client is willing to pay his fee, and the lawyer is not otherwise engaged.
Hence, the action of any Bar Association in passing such a resolution that none of its members will appear for a particular accused, whether on the ground that he is a policeman or on the ground that he is a suspected terrorist, rapist, mass murderer, etc. is against all norms of the Constitution, the Statute and professional ethics. It is against the great traditions of the Bar which has always stood up for defending persons accused of a crime. Such a resolution is, in fact, a disgrace to the legal community.
All such resolutions of Bar Associations in India are null and void, as held by the Indian Supreme Court in A.S. Mohammed Rafi vs State of Tamilnadu, 2010. The right minded lawyers should ignore and defy such resolutions, if they want democracy and the rule of law to be upheld in the country.
By Justice Markandey Katju, former Judge, Indian Supreme Court
Section 123A of the Pakistan Penal Code states :''Condemnation of the creation of the State, and advocacy of abolition of its sovereignty:(1)Whoever, within or without Pakistan, with intent to influence, read more
'' | Condemnation of the creation of the State, and advocacy of abolition of its sovereignty:
|
The Supreme Court, while allowing the criminal appeal of the accused-appellant, observed that during a trial, the prosecution could not seek to prove a fact that the witness has not stated in his/her read more
The Supreme Court, while allowing the criminal appeal of the accused-appellant, observed that during a trial, the prosecution could not seek to prove a fact that the witness has not stated in his/her statement under Section 161 (Examination of witnesses by police) of the Code Of Criminal Procedure, 1973.
"Prosecution cannot seek to prove a fact during trial through a witness which such witness had not stated to police during investigation. The evidence of that witness regarding the said improved fact is of no significance." observed a three-judge bench of Justices B. R. Gavai, P.S. Narasimha, and Aravind Kumar.
The Court also expressed its dissatisfaction with the findings of the Punjab & Haryana High Court as it convicted one accused (appellant) for murder but acquitted the other co-accused. The top court observed that if the evidence was not sufficient to prove the case of the co-accused, such evidence could not be used to implicate the appellant.
Brief Factual Background
Court's Observations
At the outset, the Court observed that there was no eye-witness to the incident, and the prosecution's case rested on circumstantial evidence. Thus, the Court observed that the circumstances from which an inference of guilt is sought to be drawn must be cogently and firmly established. The Court scrutinized the most important circumstance of the appellant and Rani Kaur having been present in the appellant's house on an intervening night.
Thereafter, the Court relied on Trimukh Maroti Kirkan v. State of Maharashtra. Therein, the Court has pointed out two important consequences that play out when an offence is said to have taken place in the privacy of a house.
Firstly, was that in such cases, the burden would be of a comparatively lighter character. Secondly, the appellant would be under a duty to explain the circumstances that led to the death of the deceased. If he remains quiet or offers a false explanation, such a response would become an additional link in the chain of circumstances., the Court explained.
The Court also examined the testimonies given by the prosecution witnesses. The Court doubted the testimonies of the two witnesses, given that there were several omissions in the cross-examination of these witnesses. It may be noted that these two witnesses were the deceased sister and the sister's husband.
Moving on to the testimony given by an independent witness, the Court noted that he had omitted to provide a statement before the police. Based on that, Court opined that if witnesses had failed to mention in their statements, under Section 161 of the CrPC, about the involvement of an accused, their subsequent statement before the court during the trial regarding the involvement of that particular accused could not be relied upon.
Additionally, the Court noted that the appellant had raised a doubt as regards his defence that the deceased had committed suicide and added:
“This Court has held that the standard of proof to be met by an accused in support of the defence taken by him under Section 313 of Code of Criminal Procedure is not beyond all reasonable doubt, as such, a burden lies on the prosecution to prove the charge. The accused has merely to create a doubt and it is for the prosecution then to establish beyond reasonable doubt that no benefit can flow from the same to the accused.”
In view of this, the Court found that the circumstance of the appellant and Rani Kaur being present in the house has not been convincingly proved beyond doubt. The Apex Court observed that there could not be a gap in the chain of circumstances. Elaborating on the same, the Court said that when the conviction is based solely on circumstantial evidence, there should not be any snap in the chain of circumstances.
“If there is a snap in the chain, the accused is entitled to benefit of doubt. If some of the circumstances in the chain can be explained by any other reasonable hypothesis, then also the accused is entitled to the benefit of doubt.”
Case Title: DARSHAN SINGH vs. THE STATE OF PUNJAB., Diary No.- 30701 - 2009
The Supreme Court, in its recent judgment (on January 04), reiterated the well-established law that the statement recorded under Section 313 (Power to examine the accused) of the Code Of Criminal Procedure, read more
The Supreme Court, in its recent judgment (on January 04), reiterated the well-established law that the statement recorded under Section 313 (Power to examine the accused) of the Code Of Criminal Procedure, 1973, cannot form the sole basis of conviction.
The Court underscored that such a statement of an accused is not evidence. The reasons are twofold. Firstly, it is not on oath, and secondly, the other party, i.e., the prosecution, does not get an opportunity to cross-examine the accused.
A three-judge bench of Justices B. R. Gavai, P.S. Narasimha, and Aravind Kumar made these observations while allowing a criminal appeal of the accused applicant who was convicted for the murder of his wife.
As per the prosecution case, the deceased, Amrik Kaur, was married to Darshan Singh (appellant). However, their marital relationship was strained as Darshan Singh had developed an illicit partnership with one Rani Kaur. The illicit relationship between Darshan Singh and Rani Kaur is said to have lasted for at least three years. Prosecution alleged that on the intervening night of 18.05.1999 and 19.05.1999, Darshan Singh and Rani Kaur, with the motive of eliminating the deceased, administered poison and intentionally caused the death of Amrik Kaur.
The Court, after perusing the evidence, found that there were crucial omissions in the testimonies of the witnesses. Apart from this, the Court also addressed the prosecution's arguments that no specific plea of alibi was taken in the appellant's statement recorded under Section 313 CrPC. Further, it was also submitted that there is an implicit admission regarding the appellant's presence in the house.
“Further, this Court has previously considered the consequences when a particular defence plea was not taken by accused u/s 313 CrPC and held that mere omission to take a specific plea by accused when examined u/s 313 CrPC, is not enough to denude him of his right if the same can be made out otherwise.”
Against this backdrop, the Court found that the circumstance of the appellant and Rani Kaur being present in the house has not been convincingly proved beyond doubt. While setting the impugned order aside, the Court stressed that when the conviction is based solely on circumstantial evidence, there should not be any snap in the chain of circumstances.
Case Title: DARSHAN SINGH vs. THE STATE OF PUNJAB., Diary No.- 30701 - 2009
The Supreme Court on Tuesday (February 20) observed that when the case of the prosecution is entirely based on the extra-judicial confession being circumstantial in nature then the accused cannot be convicted read more
The Supreme Court on Tuesday (February 20) observed that when the case of the prosecution is entirely based on the extra-judicial confession being circumstantial in nature then the accused cannot be convicted for the offence unless the chain of circumstances is completed by the prosecution.
Reversing the findings of the High Court, the Bench Comprising Justices Bela M. Trivedi and Satish Chandra Sharma observed that when the inference drawn by the prosecution based on the chain of circumstances is not explained by the prosecution, then the task of fixing criminal liability upon a person on the strength of an inference must be approached with abundant caution.
It was a case of the prosecution that the appellant-accused made a voluntary extra-judicial confession to PW 1 (father of the deceased child) that he murdered his 2.5-year-old child and threw the body of the deceased child in the well.
Based on the extra-judicial confession, PW 1 took the appellant-accused to the police station, and after discovering the dead body floating in the well based on the accused confession, the Police registered the FIR against the accused under the provisions of the Indian Penal Code.
However, the High Court has reversed the findings of the Trial Court and convicted the appellant-accused.
It is against the decision of the High Court that the appellant-accused preferred a criminal appeal before the Supreme Court.
Submissions Made by the Parties
Per contra, it was submitted by the respondent state that the High Court has rightly re-appreciated the entire evidence as the extra-judicial confession led to the discovery of the object/dead body. Further, it submitted that the minor discrepancies must not be allowed to demolish the entire testimony of a witness.
Supreme Court's Observation
Agreeing to the submissions made by the accused, the Supreme Court observed that the High Court has erred in convicting the accused by re-appreciating the evidence and relying on the extra-judicial confession made by the accused to the PW 1 (an interested witness being a father of deceased child).
The Supreme Court noted several discrepancies in the depositions made by PW 1 related to the arrest of the appellant-accused and found evidentiary aspects of such depositions as doubtful.
“The confession was followed by two things – the arrest of the appellant and recovery of dead body of the deceased. The evidentiary aspects concerning these facts are equally doubtful. As per the testimony of PW-1, he had taken the appellant to the police station and he was arrested there. Contrarily, PW-16/I.O. deposed that after recording the complaint, he had arrested the appellant from his house. The mode and manner of arrest, especially the place of arrest, is doubtful. It also raises a question on the aspect of confession – whether the confession was recorded when the appellant himself visited the police station with PW-1 or when he was arrested from his house and was taken to the police station by PW-16. The confessions, one made after a voluntary visit to the police station and the other made after arrest from the house, stand on materially different footings from the point of view of voluntariness. The likelihood of the latter being voluntary is fairly lesser in comparison to the former.”
Further, the Supreme Court also noted the inconsistencies in the statements made by PW 1 related to the recovery of the dead body, therefore the case of the prosecution is not free from doubts.
“The description of the deceased given by PW-1 in his complaint Ex.P1 did not match with the description of the dead body. The clothes found on the dead body were substantially different from the clothes mentioned by PW-1 in his complaint. The presence of ornaments was not mentioned in the complaint. Furthermore, identification of the dead body by face was not possible as the body had started decomposing due to lapse of time. Admittedly, the dead body was recovered after 12 days of the incident from a well. Sensitive body parts were found bitten by aquatic animals inside the well. The theory of ornaments has already been held to be a figment of imagination by the Trial Court and the High Court in an unequivocal manner. Therefore, the prosecution case regarding the identity of the dead body is not free from doubts.”
Extra-Judicial Confession Being a Weak Type Of Evidence Should Be Accepted With Great Care and Caution
The court records that the conviction of the appellant is largely based on the extra-judicial confession allegedly made by him before PW-1. Further, it stated that the extra-judicial is a weak type of evidence and should be accepted with great care and caution.
“It is no more res integra that an extra-judicial confession must be accepted with great care and caution. If it is not supported by other evidence on record, it fails to inspire confidence and in such a case, it shall not be treated as a strong piece of evidence for the purpose of arriving at the conclusion of guilt. Furthermore, the extent of acceptability of an extra-judicial confession depends on the trustworthiness of the witness before whom it is given and the circumstances in which it was given. The prosecution must establish that a confession was indeed made by the accused, that it was voluntary in nature and that the contents of the confession were true. The standard required for proving an extra-judicial confession to the satisfaction of the Court is on the higher side and these essential ingredients must be established beyond any reasonable doubt. The standard becomes even higher when the entire case of the prosecution necessarily rests on the extra-judicial confession.”
Accused Acquittal Can't Be Reversed Merely On The Existence Of Different View
The Supreme Court observed that the findings of the trial court to acquit the accused cannot be reversed merely because a different view appears to be recorded by the High Court after re-appreciating the evidence.
“This Court cannot lose sight of the fact that the Trial Court had appreciated the entire evidence in a comprehensive sense and the High Court reversed the view without arriving at any finding of perversity or illegality in the order of the Trial Court. The High Court took a cursory view of the matter and merely arrived at a different conclusion on a re-appreciation of evidence. It is settled law that the High Court, in exercise of appellate powers, may reappreciate the entire evidence. However, reversal of an order of acquittal is not to be based on mere existence of a different view or a mere difference of opinion.”, the Supreme Court observed.
“to reverse an order of acquittal in appeal, it is essential to arrive at a finding that the order of the Trial Court was perverse or illegal; or that the Trial Court did not fully appreciate the evidence on record; or that the view of the Trial Court was not a possible view.”, the Supreme Court added.
According to the court, if two views are possible then the view favoring the innocence of accused must be taken in to account.
When Case Is Entirely Based On Circumstantial Evidence, The Chain Of Events Must Be Completely Established
The Supreme Court stressed the importance of establishing a complete chain of evidence when the prosecution relies solely on circumstantial evidence and in the absence of direct evidence.
“For proving a case on the basis of circumstantial evidence, it must be established that the chain of circumstances is complete chain of circumstances is consistent with the only conclusion of guilt. The margin of error in a case based on circumstantial evidence is minimal. For, the chain of circumstantial evidence is essentially meant to enable the court in drawing an inference. The task of fixing criminal liability upon a person on the strength of an inference must be approached with abundant caution.”
“The doubtful existence of the extra judicial confession, unnatural conduct of PW-1, recovery of dead body in the presence of an unreliable witness PW-2, contradictions regarding arrest, unnatural prior and subsequent conduct of PW-1, incredible testimony of the witnesses in support of the last seen theory etc. are some of the inconsistencies which strike at the root of the prosecution case.” the Supreme Court highlighted the contradictions which doesn't establish the chain of events.
Purpose of Criminal Trial Is To Punish Guilty And Not Innocent
After finding that the prosecution had miserably failed to establish a coherent chain of circumstances, the court disagreed with the submission made by the respondent state to contend that minor inconsistencies could not be construed as reasonable doubts for ordering acquittal.
According to the court, the observations in this regard may not advance the case of the respondent in the present appeal because the inconsistencies in the case of the prosecution are not minor inconsistencies.
“It is also noteworthy that the purpose of criminal trial is not only to ensure that an innocent person is not punished, but it is also to ensure that the guilty does not escape unpunished. A judge owes this duty to the society and effective performance of this duty plays a crucial role in securing the faith of the common public in rule of law. Every case, wherein a guilty person goes unpunished due to any lacuna on the part of the investigating agency, prosecution or otherwise, shakes the conscience of the society at large and diminishes the value of the rule of law. Having observed so, the observations in this regard may not advance the case of the respondent in the present appeal. It is so because the inconsistencies in the case of the prosecution are not minor inconsistencies. As already discussed above, the prosecution has miserably failed to establish a coherent chain of circumstances.”
Conclusion
In light of the aforementioned observations made by the Supreme Court, the appeal preferred by the appellant-accused is allowed and the impugned order/judgment of the High Court was set aside.
The Supreme Court affirmed the view taken by the Trial Court and acquitted the accused.
Case Details:
Kalinga @ Kushal Versus State of Karnataka By Police Inspector Hubli, Criminal Appeal No. 622 of 2013
New Delhi, India
Palmer, United States
London, United Kingdom
New Delhi, India
Jaipur, India
New Delhi, India
Delhi, India
New Delhi, India
Chandigarh, India
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"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