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The break down of the doctrine of Res-JudicataThe meaning of Res is Subject Matter, and the meaning of judicata is adjudged together meaning “a matter adjudged”. In easier words, the thing has been concluded read more
The break
down of the doctrine of Res-Judicata
The
meaning of Res is Subject Matter, and the meaning of judicata is adjudged
together meaning “a matter adjudged”. In easier words, the thing has been
concluded by the court. If the matter has already been settled by a court
between the same parties, the same subject matter cannot be tried by another
court. Hence, the court will put away or dismiss the lawsuit as another court
has concluded it. The Doctrine of Res Judicata applies to both criminal and
civil legal systems. There is no lawsuit directly or indirectly tried in a
previous suit that can be tried once more.
Example
of Res Judicata
•
‘X’ sued ‘Y’ as he didn’t pay rent. ‘Y’ requested the reducing the amount of
rent on the foundation as the amount of the land was less than mentioned on the
lease documents. The Courts concluded that the land was greater than shown in
the lease. The land was excess and the doctrines of Res Judicata will not be
applied.
•
In a lawsuit, ‘X’, the civil suit was filed in which the respondents requested
that the Court put away or dismiss the civil suit with an appeal of Res
Judicata. The Court declared that the doctrine of Res Judicata must be proved
with the help of evidence. Due to Res Judicata, her claim was barred.
Pre-requisites
for Res Judicata:
•
A judicial decision by an experienced court or tribunal,
•
Final and binding and
•
Any decision made on the merits
• A fair hearing
•
Previous decision correct or incorrect is not pertinent.
Nature
and scope of Res Judicata
Res
Judicataconsists of two principlesof claim preclusion and matter preclusion.
Matter preclusion is also known as collateral estoppel. The litigants of the
case do not have the right to sue each other one more time after the final
judgment on the ground of merits. For example, if a plaintiff loses a lawsuit
against the respondent in the lawsuit say A, he cannot sue the respondent again
in lawsuit B based on the same facts and events. I should not exist in a
different court with the same facts and events in a different court. Whereas in
matter preclusion, it prohibits the re-litigation of matters of law that the
judge has already determined as part of an earlier lawsuit.
The
scope has been concluded in the lawsuit of Gulam Abbas v. State of Uttar
Pradesh. In this lawsuit, the court incorporated the rules as evidence to
appeal a matter already tried in an earlier lawsuit. Judgment of this lawsuit
was difficult as the judges should apply Res Judicata. It was concluded that Res
Judicata is not exhaustive and even if the matter is not directly covered under
the provisions of the section, it will be considered a lawsuit of Res Judicata
on general doctrines.
Doctrine
of Res-Judicata
The
doctrine of Res Judicata seeks to encourage the fair administration of justice
and honesty and to prevent the law from being abused. The doctrine of Res
Judicata is applicable when a litigant attempts to file a subsequent civil
lawsuit on the same subject matter after receiving a judgment in a previous lawsuit
wherein the parties are same and the subject matter as well. In many
jurisdictions, this applies not only to the specific claims made in the first
lawsuit but also to claims that could have been made during the same lawsuit.
Section
11 of the Code of Civil Procedure Codeincorporates the doctrine of Res Judicata
also called the “rule of conclusiveness of judgment”. The doctrine of Res
Judicata was laid down as a principle in India in the lawsuit of Satyadhyan
Ghosal v. Deorjin Debi. Judge Das Gupta, J. gave the judgment of the court And
it was appealed by the landlords who attained a decree for ejectment against
the tenants who were Deorajin Debi and her minor son. Still, they cannot get
the possession in implementation soon after the judgment was made. Under
Section 28 of the Calcutta Thika Tenancy, a petition was made by the tenant and
alleged that they were the Thika tenants. This petition was resisted by the
landlords saying they were not Thika Tenants within the meaning of the Act.
The
people who were tenants moved to the High Court of Calcutta under the Civil
Procedure Code. The court applied the doctrine of Res Judicata to achieve
finality in litigation. The outcome came that the original court, as well as
the higher court, can proceed with any future litigation on the basis that the
previous decision was correct.
The
doctrine of Res Judicata says –
•
No case should be tried twice for the same reason.
•
State has the power to decide there should be an end to a litigation
•
The decision of the court must be accepted as the correct decision.
Res
Judicata landmark judgements
International
Lowe
v. Haggerty
In
the case of Lowe v. Haggerty, an important question was raised considering the
effect of the former judgment on the respondent when the guest sued him. It was
held that a suit was barred. There has
not been the former record that disclosed what was in the first proceeding. It
was decided by the courtthat it was not possible to determine what was the
matter involved in the previous suit. The court disposed of the record made by
the parties in a similar situation. Nonsuit was not granted in this lawsuit and
the plaintiff’s appeal was refused.
India
Daryao
v. State of Uttar Pradesh-
In
the historic lawsuit of Daryao v. State of Uttar Pradesh, the doctrine of Res
Judicata of the universal petition was established. The Apex Court of India
i.e.; the Supreme court placed the doctrine of Res Judicata on a broader
foundation. In this lawsuit, petitioners filed a writ petition in the High
Court of Allahabad under Article 226 of the Constitution. But the suit was put
away or dismissed. Then both had independent petitions in the Supreme Court
under the writ jurisdiction of Article 32 of the Constitution. The respondents objected
to the petition by asserting that the prior decision of the High Court would be
operated as Res Judicata to a petition under Article 32. The Supreme Court put
away or dismissed and disagreed with the petitions.
It
was the decision of the court that the Doctrine of Res Judicata applies to a
petition under Article 32 of the Constitution. If the petitioner files a
petition in the High Court under Article 226 of the Constitution and it is put
away or dismissed on the basis of the worth, it would be operated as Res
Judicata to bar a similar petition in the Supreme Court under Article 32 of the
Constitution.
Devilal
Modi vs. Sales Tax Officer-
In
the leading lawsuit of Devilal Modi vs. Sales Tax Officer, the respondent
challenged the validity of an order of assessment under Article 226. The
petition was put away or dismissed based on merits. The Supreme Court also rejected
the appeal against the order based on merits. The respondent again filed
another writ petition in the same High Court against the same assessment order.
This time the petition was put away or dismissed by the High Court. The Apex
Court of India i.e., Supreme Court held that the doctrine of Res Judicata
barred the petition.
Conclusion
The
Doctrine of Res Judicata can be perceived as forbidding parties to shift the
time back during the unresolved proceedings. This principle can be implemented
in the exterior of the Code of Civil Procedure and covers many areas related to
society and people. The ceiling of Res Judicata is vast and involves many
things, including Public Interest Litigation. The reach has widened with the
transit of time, and the Supreme Court has broadened the areas with its
judgments.
*****
Whether you are for or against bitcoins and cryptocurrencies, you cannot deny their importance as an evolution in money and banking. In a short span of 13 years, cryptocurrencies have gained mass acceptance read more
How is 'BLACK MAGIC' governed in IndiaBlack magic has been practised in India for a long time and is a social evil in our country supported by people's religious beliefs. There are several examples where read more
How is 'BLACK MAGIC' governed in India
Black magic has been practised in India for a long time and is a social evil in our country supported by people's religious beliefs. There are several examples where in the context of healing the sick person, the person is thrashed for days, exorcisms are performed, or the person is thrown down the well. Recent cases of murder committed in the name of superstition expose the perverse side of India's modern civilisation. Although education is essential in ending such activities, there is also a legal obligation to address the pervasive usage of black magic. Since some believe these customs and rituals carried out in the name of God may be considered a manifestation of religion, there is a narrow line between faith and superstition that needs to be specified in legislation. The Anti-Superstition Bill of India has this concept but has not yet become an act. There is no legislation in India applicable nationwide, even after multiple bizarre incidents, one of which is the Burari case in the national capital of Delhi itself. There are a few state legislations that criminalise the practice of Black Magic and punish people for practising it, Maharashtra and Karnataka being two states.
ANTI-BLACK MAGIC LAWS IN
INDIA
Black magic crimes and other superstitious offences violate the fundamental rights guaranteed by Articles 14, 15, and 21 of the Indian Constitution. These acts also constitute violations of several international treaties, among them the "Universal Declaration of Human Rights," the "International Covenant on Civil and Political Rights," and the "Convention on the Elimination of All Forms of Discrimination Against Women," all of which India is a signatory. When we talk about what black magic exactly means, there is no established definition of what black magic is due to a lack of nationalised legislation for the same. However, the reality on the ground continues to be considerably different even though the constitution and international law guarantee fundamental rights. The Indian Penal Code's flaws are mostly to blame for this. Some Indian states have recognised the need for specific anti-black magic laws since 1999 in light of this situation. However, very few have done so, and those that have, fall short in execution. However, there have been multiple bills that have attempted to define black magic. The first iteration of the anti-superstition bill was introduced in 2003, marking the beginning of the bill's history. The bill from 2003 was known as the JaduTonaAndhshradha Virodhi. The bill's proposal was the first time law of this kind had been introduced anywhere in the nation. The definition of superstition was deemed excessively broad by most parties, who fiercely opposed the law. What would have been belief and faith to one person may have been superstition and blind faith to another. Despite these disagreements, the law eventually passed with certain modifications. Problems developed as the elections got underway, despite the bill waiting for approval from the federal government for nearly seven months. According to the President, enacting new legislation would not be proper because the administration would soon change. As a result, the bill did not become law as fate would have it. However, that was not the end of the adventure. Two years later, in March 2005, a new draft was submitted, almost identical to the one proposed in 2003, with a few minor adjustments. On December 16, 2005, an adjusted version was ultimately approved. The March bill included a relatively broad description of "Black Magic" or "blind faith". Treating, curing, or healing physical and mental problems while causing material or financial damage to a person includes practising by oneself or via another while claiming to have supernatural powers, divine powers, or the power of the spirit. Thus, this description would have included additional diverse practices like Voodoo, Wicca, and Reiki. However, the current bill has entirely deleted this because it doesn't appear to cover the practices of other religions like Islam and Christianity. The current bill has been dubbed as being anti-Hindu. Certain states have taken the step further to convert such bills into laws.
MAHARASHTRA
The Maharashtra state government passed the much publicised Anti-superstition bill, The Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013. The law aims to make it illegal to engage in black magic, sacrifices of human beings, the use of magic to treat illnesses, and other practices that prey on people's superstitions. The Act aims to reduce superstitions resulting in monetary loss and physical harm. If found guilty, the criminal faces a sentence between six months and seven years in prison and a fine between Rs. 5,000 and Rs. 50,000. All of these offences are non-bailable. Suppose the accused has been found guilty under the law. In that case, the competent court must order the police to publish the location of the offence and other pertinent information about it in the local newspaper.
KARNATAKA
The state of Karnataka, following in Maharashtra's footsteps, asked law students of the National Law School in Bangalore. The students drafted the Karnataka Prevention of Superstitious Practices Bill, 2013. The anti-superstition Bill is the name given to this legislation. It is anticipated that it will stop a variety of cruel customs, including witchcraft, black magic, and acts committed in the name of a religion that endangers both people and animals. It includes clauses to deal harshly with terrible activities, including human sacrifice, flaunting naked women and sexual exploitation through the use of supernatural forces. Recently Karnataka Cabinet cleared the Prevention and Eradication of Inhuman Evil Practices and Black Magic Bill, 2017.
INITIATE ACTION UNDER
INDIAN LAWS.
In other territories of India, where there is no special legislation to deal with the practice of black magic, any person can still lodge an FIR under Section 154 of CrPC to report activities related to black magic for the police to investigate. According to section 508 of IPC, whoever voluntarily causes or attempts to induce any person to do anything which that person is not legally bound to do or to omit to do anything which he is legally entitled to do by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become or will be rendered by some act of the offender an object of Divine displeasure if he does not do the thing which it is the object of the offender to cause him to do, or if he does the thing which it is the object of the offender to force him to omit, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Even though there is no exact provision to deal with the issue of black magic, this is the closest law has gotten to trying to resolve the problem. This provision provides for any act done in fear of divine wrath, and if any person has induced such act, then such person shall be punishable for an offence under this section. Furthermore, even if action can't be taken against a person for the very act of black magic, the aftermath of the same can constitute an offence, for which a person can be punished under the Indian Penal Code, for instance, if an individual is abetted in making a killing, the same can constitute as murder and abetment to murder, here all that is required is that satisfaction of all the essentials to prove the crime. Anyone convicted for a human sacrifice that is murder will be punished under Section 302 of the IPC, Section 307 (attempt to murder), or Section 308 (abetment to suicide). The punishment for murder is death or imprisonment for life,liable to pay afine.
Similarly, a person who fraudulently makes another person believe something untrue can be held liable for fraud. It must be understood that even if there is no legislation to deal with the same, one can take action against a person under IPC while understanding the offence in its capacity.
COURT PRECEDENT
Learned counsel for the respondent-State submitted that a 9-year-old
child was sacrificed most brutally and diabolically. This case falls within the
"rarest of rare" category; therefore, the death sentence has been
rightly awarded. The court ruled that "Superstition can not justify any
killing, much less a planned and deliberate one. No amount of superstitious
colour can wash away the sin and offence of an unprovoked killing, more so in
the case of an innocent and defenceless child."
2. Ishwari Lal Yadav v State of Chhattisgarh
(2019)
In October
2019, a three-judge bench of the Supreme Court in Ishwari Lal Yadav v State of
Chhattisgarh (2019) confirmed death sentences for the married couple Kiran Bai
and Ishwari Yadav in a case involving the human sacrifice of a two-year-old.2
Relying on the guidelines laid down in Sushil Murmu v State of Jharkhand (2004)
(another case on human sacrifice), it held that the present case was "the
rarest of the rare," meriting the death sentence, as had been rightly held
by the courts below. In the Ishwari Lal Yadav case, the Court completely
disregarded the cultural context of human sacrifice and its implications on
questions of culpability in criminal law. It is argued that the Court's
approach is contrary to the principle of individualised sentencing and ignores
evidence on the complex anthropological and psychological dimensions of human
sacrifice.
CONCLUSION
Tackling superstition through legislation is only half the battle. There is a need to educate the masses using mass media, street plays, and social media campaigns. Our conventional education system also must be equipped to tackle the scourge of superstition. Legislators are making a valiant attempt to stop crimes done under the pretext of black magic, promising innocent people things that are unrealistic and untrue. India needs superstition law, but there needs to be a discussion on what should be included. The force of law cannot dispel any superstition. A mental shift is required for it. However, laws targeting superstitious practices that are dehumanising, cruel, and exploitative must be dealt with and looked after.
Different Identities of an NDANDA stands for Non-Disclosure Agreement whichis utilised to safely share personal data and information which is confidential such as trade secrets and inventions that are read more
Different Identities of an NDA
NDA
stands for Non-Disclosure Agreement whichis utilised to safely share personal data
and information which is confidential such as trade secrets and inventions that
are unpatented, with another party. It is also called confidentiality non-disclosure
agreements, confidentiality agreements, or proprietary data and information
agreements.This kind of agreements allows courts to provide relief for unauthorised
data and information which is confidentialin nature.
There are three types of Non-Disclosure
Agreements:
1.Unilateral
2.Bilateral
3.Multilateral
Unilateral
Non-Disclosure Agreements
Unilateral Non-Disclosure
Agreements, also known as one-wayNon-Disclosure
Agreements, only require one party to disclose confidential data and
information to the other party. They are the most basic type of Non-Disclosure
Agreement.
Here are the most basic types of
unilateral Non-Disclosure Agreements:
A)
Employer-Employee Non-Disclosure Agreements-
Employers often require employees to sign these non-disclosure agreements once
they are hired. These agreements limit the employees from divulgingimportant
company data and information, such as:
B)
Company-Recruiter Non-Disclosure Agreements-
Companies can use these non-disclosure agreements to limit recruiters from
sharing confidential company data and information. Like employer-employee non-disclosure
agreements, company-recruiternon-disclosure agreements restrict recruiters from
sharing critical business data and information that could reduce the company's
competitiveness.Companies will add a detailed provision to avoid conflict of
opportunities clauses and non-competition clauses to this non-disclosure
agreement to limit recruiters from using the knowledge they’ve gained while
working at the company. Recruiters are independent workers who have more
flexibility and autonomy than employees. Companies will impose more limitations
on recruiters to prevent them from using and sharing data and information that
could affect competition.
C) Inventor-Evaluator
Non-Disclosure Agreements- Inventors can use
unilateral non-disclosure agreements to protect their inventions from being
patented, used, or marketed by the evaluator. These non-disclosure agreements also
limit evaluators from using and disclosing the inventors:
D) Seller-Buyer Non-Disclosure
Agreements- Sellers can use non-disclosure
agreements to limit the buyer from sharing confidential data and information
that the buyers were exposed to during the sale of goods or services. They
usually control the buyers from sharing the following:
Bilateral
Non-Disclosure Agreements
Also
known as mutual non-disclosure agreements or two-way non-disclosure agreements,
bilateral non-disclosure agreements require both parties to disclose their data
and information, which is confidential to each other. Both parties can limit other
parties' use and share their data and information.Bilateral non-disclosure
agreements are used in situations where parties are required to exchange a lot
of personal business data and information during negotiations. It includes all
kinds of takeovers in the corporate world, joint ventures, and mergers and
acquisitions.
Multilateral
Non-Disclosure Agreements
Multilateral
non-disclosure agreements or multiparty non-disclosure agreements involve three
or more parties where at least one of them will disclose data and information
to the other parties. These agreements eliminate the need for separate
bilateral or unilateral non-disclosure agreements between two parties. For
example, you can enter into a single multilateral non-disclosure agreement with
parties A, B, and C instead of entering into three separate bilateral non-disclosure
agreements between A and B, B and C, and A and C.Multilateral non-disclosure
agreements are often found in complex, negotiation-heavy deals. A typical
example of this type of non-disclosure agreement is a multiparty confidentiality agreement.
Three or more companies can use this agreement to ensure that each party is
only disclosing confidential data and information so that each party can
determine whether it is engrossed in entering into further agreements.
Importance
of Non-Disclosure Agreements
·
Non-disclosure
agreements are an important legal framework used to protect confidential data
and information from being made available by the recipient.
·
Companies and start-ups
use these documents to ensure that their good ideas won’t be stolen by the
people they are negotiating.
·
Anybody in breach of a
Non-Disclosure Agreement will be subject to lawsuits and penalties commensurate
with the value of lost profits. Criminal charges may even be filed.
Non-Disclosure Agreements may be unilateral, whereby only the recipient of the
data and information is required to keep silent, or mutual, where both parties
agree not to share each other’s sensitive data and information.
·
Whenever a business entity is engaged in an essential
commercial discussion, it is always important to ensure a Non-Disclosure
Agreement is signed between the parties,instilling confidence and trust, which
can assist in open negotiations.
·
As stated above, signing
a Non-Disclosure Agreement grants more trust between the parties signing the agreement
and ensures that despite heavy negotiations, agreementsor disagreements, the
data and information are always protected. It deters the theft, misuse, and
misrepresentation of intellectual property.
·
A non-Disclosure Agreement is signed at the beginning
of the negotiations between business entities, even when it is still uncertain
whether the parties will agree to come together to enter into a business
agreement.
·
In such circumstances,
data and information is shared between parties to evaluate and analyse the
market and make predictions about future projects.
·
A non-Disclosure
Agreement is also essential to protect data and information from being misused
or shared with a third party by an intern or an employee of a business entity.
·
The primary intent
behind the signing of a Non-Disclosure Agreement is to protect data and
information sharing; therefore, it ensures that the privacy and confidentiality
of data and information sharing are safe as it reduces the scope of breach of
any disclosures, which will give the aggrieved party a resort of suing the
other party. Since Non-Disclosure Agreement is a legal document, it is of
immense importance for avoiding and resolving any conflict that might arise in
the future. In some cases, the party infringing the agreement would be legally
liable to compensate for damages.
·
It clearly states (in written format) that
anything that comes under the bracket of ‘confidential’ in the long run avoids
ambiguity or loss of data and information. Overall, a Non-Disclosure Agreement
protects intellectual property disclosures (including trade secrets,
proprietary data and information, and other confidential data and information),
safeguarding a business entity.
Conclusion
The
Confidential Information Clause in the Non-Disclosure Agreement clearly defines
the ‘confidential matter’ for which the Non-Disclosure Agreement is entered
between the parties.It helps maintain secrecy between the parties by binding
them legally through different clauses constituted under the non-Disclosure
agreement. This forbids the receiving party from disclosing confidential
information.Different clauses of the Non-Disclosure Agreement also draw the
timeline up to which the party is obliged to maintain secrecy. This period
could be beyond the effective period of the agreement itself.Any kind of
Non-Disclosure Agreement is legally binding. Thus the party infringing the
agreement would be liable to compensate for the damages to the aggrieved party.
Roe vs Wade is likely to be overturned by the US Supreme Court, as the leaked draft opinion of Justice Alito indicates, and I have in my article published in indicanews.com said that I agree with Justice read more
In a land mark judgement, the apex court of the country, Supreme Court of India, has termed PD (Preventive Detention ) Act as an extraordinary Act and said that the Act can’t be used against the read more
In a land mark judgement, the apex court of the country, Supreme Court of India, has termed PD (Preventive Detention ) Act as an extraordinary Act and said that the Act can’t be used against the citizens of the country in violation of their fundamental right of personal liberty under normal circumstances. A vacation bench of Justice CT Ravi Kumar and Justice Sudanshu Dhulia made these important observations while dealing with a case involving the invocation of the PD Act against two accused of chain snatching by Rachakonda police of Hyderabad. The police invoked the Act against the two accused in October last year . In their orders, the police said that most of the victims of the accused were women and added that the invocation of the PD Act would act as a deterrent to the accused and prevent them from committing such crimes in future. Arguing the case on behalf of the accused before the vacation bench, Telangana High Court Advocate D. Sudarshan said that although the accused had 38 pending cases against them, the case related to chain snatching incidents were only four. He also told the SC that the accused got bail in all the four chain snatching cases from magistrate courts from Hyderabad between May 6,2022 to July 26,2022. Agreeing with the arguments of the counsel for the accused , the vacation bench allowed the petitions of the accused urging it to set aside the orders passed by the Telangana High Court and quash the orders of the Rachakonda police invoking the PD Act against the two accused. The wives of the two accused approached the SC following dismissal of their Habeas corpus petitions by the Telangana High Court on March 25 this year. The wives of the two accused urged the Telangana High Court to quash the orders of the police sending their husbands to jail under the PD Act and set them free. Speaking on the occasion, the counsel for the wives of the accused D. Sudarshan expressed his happiness at the verdict of the Supreme Court. He said that the police had violated the fundamental right of personal freedom privacy of the accused and added that the police should have invoked the PD Act after the cancellation of the existing bail of the accused, which had already been granted by the magistrate court in the four cases. He said that the police had not mentioned the names of the accused in the four chain snatching cases cited by them before the Telangana High Court to support their decision for invoking the PD Act .
Eligibility to become Public Prosecutor in India Public Prosecutors are the advocates of Government and are in charge of the appeal, trial, and all other court processes. Primarily, conducting read more
Eligibility
to become Public Prosecutor in India
Public Prosecutors are the
advocates of Government and are in charge of the appeal, trial, and all other court
processes. Primarily, conducting a pre-trial investigation in a civil or
criminal case, supervising the implementation of penalties, defending the
rights and interests of persons and the State by following the measures
established by law, and submitting claims and applications to courts in cases
as needed by law will be included in your responsibility as a public
prosecutor.
A
Public Prosecutor should have throughout knowledge of all the laws of India. He
should be an expert in studying the cases thoroughly. He should be trained in
arranging for the witnesses and the pieces of evidence for any case. He should know
all the types of legal notices that can be issued, which may be for and against
a government organisation and of course, he should have the skill to advise the
Government on different cases. To become a public prosecutor, qualities like
persistence, persuasion, focus, hardworking are a must, and they should have
good communication skills. In India, the salary for the job of a Public
Prosecutor varies according to the jurisdiction in which they are working.
These employees working under the Government are qualified to receive income as
prescribed by the Government and also receive allowances and incentives. Public
prosecutors are sometimes paid a fixed salary without any allowance or perks.
Public Prosecutors working in the C.B.I (Central Bureau of Investigation) are
paid a fixed salary without any allowances or perks.
Requirements
Candidates
interested in becoming a public prosecutor and making it a full-time career
must be law graduates approved to practice in the law field in the given
jurisdiction. In many cases, the requirements of experience in this post should
be there, and they must go under investigation in a criminal background. From
jurisdiction to jurisdiction, the requirements are specific and are different
in every jurisdiction, so you should investigate it carefully when they wish to
work in those of the jurisdiction. A Public Prosecutor or Assistant Public
Prosecutor who is being appointed must have at least seven years of experience
as an advocate for the motive of the appointment of a Public Prosecutor or
Additional Public Prosecutor. The candidates must have at least ten years of
experience as an advocate for being appointed as a Special Public Prosecutor.
When the district magistrate is consulting the Sessions Judge, the session
judge has to prepare a board of persons qualified to be appointed as the Public
Prosecutor at the district level. A Public Prosecutor is appointed by the State
Government for the district when a panel of names mentions their names prepared
by the District Magistrate under sub-section (3). Among the Asst. Public
Prosecutors a Public Prosecutor can benefit by interacting with the Public
Prosecutors appointed from the Bar by the Sessions Judge's consultation and
vice-versa. The Criminal Procedure Code doesn't explain the extension or
renewal of the term of a public prosecutor. The Government has already decided
and fixed the term of a Public Prosecutor. The State and the Central Government
may appoint a Special Public Prosecutor who has been an advocate for at least
ten years for any case or class of cases.
Process
Candidates
who aspire to become public prosecutors must appear for the Union Public
Service Commission exam (UPSC). There is an interview after the written test.
The candidates who will get selected will be informed through email. A
candidate must have practised as an Advocate for a minimum of seven years. A
Public Prosecutor is also known as a P.P. An advocate who denotes the people of
the State or the State in a trial of a criminal case is called a Public
Prosecutor. India's current criminal justice system is based on the fact that
any crime that any person or group commits against others is considered to have
been committed against society. The reproach for any crime and the prosecution
is not the victim of the State; instead, it is the responsibility of the State.
Any prosecution on behalf of the State is always conducted by the Public
Prosecutor. The Prosecutor who works for the public has to play his role
critically in maintaining impartiality and purity in the area of criminal
justice administration. Prosecutors have been associated either with the
adversarial system of common law or the inquisitorial system of civil law.
Prosecution means the legal parties who are responsible for presenting the case
against any individual, and the individual who's against the case has been
presented is called the defendant.Candidate's age must be between 35 years and
45 years of age at the time of applying (The maximum age limit of the
candidates belonging to the Scheduled Tribes, Scheduled castes, and Other
Backward Classes shall be may be decided from time to time by the Government
from)
To
become an Assistant Public Prosecutor, Under Section 25 of the Criminal
Procedure Code, An Assistant public prosecutor is appointed in all districts to
conduct prosecution in the magistrate courts. Candidates who are Law graduates
and have experience of a minimum of two years at any bar council at the state
level and are not more than 35 years of age can apply for the public prosecutor
position. The written and viva examinations are conducted by the respective
State Public Service Commission departmentto fulfil the selection criteria. The
written examination will include questions from procedural law, general
English, criminal law, and some other miscellaneous laws. Direct appointment of
Assistant public prosecutors shall remain for two years of the probation period,
and those otherwise enlisted will remain for one year as ordered by the
competent authority.
In
India, there are great opportunities for prosecutors. Positions at entry-level
are also available for the new attorneys who have offered their services or
gained experience through working as an intern while being in law school. Experience
in trial priorly is usually required. Prosecutors who already have state-level
experience may desire to move into working as a prosecution at the supreme
court. Options like working in a private law firm, working in a corporation, or
working as a judge are the other possible career opportunities. The Job of a
Public Prosecutor needs a great amount of responsibility. A Public prosecutor
is appointed under Section 24 of the Criminal Procedure Code, which comprises
any person acting under the commands of a Public Prosecutor.
Assistant Public Prosecuter Syllabus 2022, Exam Pattern, Exam Date
2022
Detail Information about KEA (Karnataka
Examination Authority) has published notification 2022 for the recruitment
of Assistant Public Prosecutor vacancies. Those Candidates who are
Interested to the following vacancy and completed all Eligibility Criteria can
read the Notification & Apply Online. In this page we provide the Complete
Syllabus of this Recruitment with Latest Update Exam Pattern and the Exam Date
also.
KEA Assistant
Public Prosecutor Syllabus 2022 - Overview
Organization Name |
Karnataka Examination Authority |
Post Name |
Assistant Public Prosecutor cum Assistant Government
Pleader |
No Of Posts |
124 |
Selection Process |
Prelims, Mains |
Job Location |
Karnataka |
Category |
Syllabus |
Official Site |
kea.kar.nic.in |
KEA Assistant
Public Prosecutor Syllabus 2022
Reasoning & Mental Ability
1. Mirror Images 2. Grouping Identical Figures
3. Figure Matrix Questions 4. Problem on Age Calculation
5. Decision Making 6. Inference 7. Analogy
8. NonVerbal Series 9. Test of Direction Sense
10. Number Series 11. Alphabet Series 12. Arguments
13. Ven Diagram 14. Blood Relations
15. Coding and Decoding 15. Number
Ranking
16. Arithmetical Reasoning
Civil Laws & Acts
1. Code of civil procedure 1908 2.
Cyber Law
3. Transfer of Property Act,1882 4.
Indian Contract Act,1872
5. Specific Relief Act,1963 6. Indian
Constitution
7. Limitation Act 8. Code of Criminal
Procedure-1973
9. Indian Penal Code-1860 10. Indian Evidence Act,1872
Law Paper-I
1. Framing of issues 2. Framing of charges
3. Principles of Pleading 4. Drafting of
pleadings
Law Paper-II
1. Code of Criminal procedure -1973 2.
Indian Evidence Act,1872
3. Indian Penal Code-1860
Law Paper-III
1. Constitution of India 2. Cyber laws
3. Code of Civil Procedure-1908
KEA Assistant Public Prosecutor Exam Pattern 2022
Prelims Exam
S.No. |
Subject |
No.of Question |
Marks |
Duration |
Paper I |
Aptitude Test: English and Kannada Comprehension |
50 |
50 |
90 Minutes |
|
General Knowledge: Reasoning & Mental Ability |
50 |
50 |
90 Minutes |
PaperII |
Civil Laws & Acts |
100 |
100 |
3 Hours |
|
Total |
200 |
200 |
|
Main Exam
S.No |
Subject |
No.of Question |
Marks |
Duration |
1 |
Law Paper 1 |
100 |
100 |
3 Hour |
2 |
Law Paper 2 |
100 |
100 |
3 Hour |
3 |
Law Paper 3 |
100 |
100 |
3 Hour |
Exam Date : Update Soon
Starting Date of Application Form : 10th October 2022
Last Date of Application Form : 08th November 2022
Total Post : 124
Source :
Karnataka Education
Authority (KEA)
http://kea.kar.nic.in/
Conclusion
The
idea of a prosecutor working for the public is one of the most important
components of the justice system for criminal cases, and most countries follow
it. A Public Prosecutor must be impartial, honest, and follow all the law
provisions in India. The main objective at the back of all this work is to
accomplish the ends of justice fairly and quickly.
*****
In India, becoming a young judge is considered a prestigious and significant achievement. To become a judge in this country, you must have a certainlevel of discipline and commitment. The Indian judicial read more
In India,
becoming a young judge is considered a prestigious and significant achievement.
To become a judge in this country, you must have a certainlevel of discipline
and commitment. The Indian judicial system is designed in such a waythat there
areseveral courts at various levels in every district of a given state, each
with different mandates. Specialized courts exist for certain special purposes
or statutes. The district and sessions courts are the highest courts in a
district. Each state has its own process for selecting judges, which includes
examinations and interviews. There is a lot of similarity in how different
states choose their judges, but there are many distinctive aspects. It also
appears that the criteriafor becoming a judge have been established to give some
advantage to the local candidates. Every year, over 70,000 people apply for the
Judicial Services Examination, although only 1% to 2% end up clearing the
examinations successfully. Preliminary and major exams are required in all
states, followed by an interview process. The entire procedure can take up to a
year or more, from writing the preliminary exam to the interview phase and the announcementof
the final selected applicants. For people who are interested in serving the
public in a high-status position, judicial service is a viable alternative. It
provides a secure and safe job opportunity with a competitive wage package.
Judiciary exams
There are two entry
levelsof judicial service examinations: The lower judiciary service and the higher
judiciary service.
The Lower
judiciary services essentially compriseof three cadres of judges: District
Judges, Senior Civil Judges & Civil Judges who are at the Junior Division. These
judges have both civil as well as criminal jurisdiction. These exams are
administered by public service commissions or the respective state's High
Courts. They distribute advertisements and notices.
Higher Judicial
Services or HJS is open for lawyerswho have some experienceunder their belt.
This is usually a seven-year experience. Typically, the syllabus for these
tests is the same. The additional benefit of competing and passing the higher
judiciary tests is that the candidate is postedas an additional district judge,
which places them above the lowerjudicial service officials. It also allows for
promotion to the High Courts of respective states. The Judicial Services
Examination, also known as the PCS (J)-Provincial Civil Service-Judicial
Examination, is required to become a judge in the Indian Judicial Services. The
PCS-J test is for law graduates who want to work as members of the subordinate
judiciary. This exam is the only way for new law school graduates to become a
Subordinate Court Judge. Preliminary Examination, Main Examination, and
Viva-Voce/Interview are the three stages of the Judicial Service Examination.
The preliminary
exam is used to screen candidates for the main exam. It consists of
multiple-choice questions. For the final selection, the marks obtained in the
preliminary examination are not taken into account.Theminimum qualifying marks
in the preliminary examination is 60 per cent for general and 55 per cent for
reserved categories.State by state, the percentages of qualifying marks differ.
The mainexam is a subjective form of test,three to four papers make up the exam,and
candidates' scores are used to determine the final selection. Candidates equal
to three times the number of vacanciesare called for viva-voce. Candidates are
evaluated on general interest, personality, and IQ, among other things, at this
stage of the Viva-Voce/Personal Interviewstage.
The syllabus varies across states. It is dividedinto three sections: civil law,
criminal law, and a language paper.
Minimum required qualifications
A degree in LL.B.
and enrolment or qualification to be enrolled as an Advocate under section 24
of the Advocates' Act 1961 are the requirements for appearing in the Judicial
Services Examination.
For fresh law
graduates the minimum requirements to become a judge or apply for the examination,
are distinct from others. The minimum age requirement for a fresh law graduate
is not less than 21 years and not above 35 years of age. An applicant must have
an LL.B degree with all examinations cleared.
For any person
who’s already a practising Advocate, Attorney or Pleader, the minimum age
requirement is not below 21 years and not above 35 years of age, similar to
that of the fresh law graduates, and that similarly applies to the academic
qualifications as well. However, the requirements are different when one wants
to practise in the High Courts and the Supreme Court.
A. Direct Recruitment:- (a) Must be holder of a degree in Law granted by a University established by Law in India and must have been enrolled as an Advocate. (b) Must not have completed as on the last date fixed for receipt of applications, Thirty Eight years of age in the case of candidates belonging to Scheduled Caste or Scheduled Tribe and Thirty Five years of age in the case of others.
B.
Scale of Pay :- Rs.
27700-770-33090-920-40450-1080-44770
Apart from the basic salary, the Civil Judge is entitled to get many
other allowances such as House Rent Allowance, Dearness Allowance, Travel
Allowance, Partial Vehicle Allowance and Pension
after Retirement.
C.
Method of Recruitment:- By
direct recruitment on the basis of aggregate of marks obtained in a Competitive
Examination (Main Written Examination and Viva-Voce) conducted by the High
Court. (1) The Competitive Examination for recruitment of Civil Judges shall
consist of 3 stages i.e., (a) Preliminary Examination (b) Main Written
Examination and (c) Viva-Voce. The marks secured in the Preliminary Examination
is considered only for Eligibility for the Main Written Examination. (a)
PRELIMINARY EXAMINATION:- The Preliminary Examination shall be conducted by way
of Objective Type Question Paper consisting of 100 marks and the syllabi for
the said examination shall be the following, namely:- Part-A – Code of Civil
Procedure, 1908; Negotiable Instruments Act, 1881; Transfer of Property Act,
1882; Indian Contract Act, 1872; Specific Relief Act, 1963; Indian
Constitution; and Karnataka Rent Act, 1999. Part-B – Code of Criminal
Procedure, 1973; Indian Penal code, 1860; and Indian Evidence Act, 1872. Part-C
– General knowledge – Test of reasoning and mental ability. (b) MAIN WRITTEN
EXAMINATION:- (i) Translation Paper (Maximum Marks 100) There will be one
translation paper and the candidates will be required to translate passages in
English into Kannada and Kannada into English. The Passages will be from (1)
Depositions, (2) Judgments and (3) Documents. 12 (ii) Law Paper I (Maximum
Marks 100) The Code of Civil Procedure, 1908; The Code of Criminal Procedure,
1973; The Indian Evidence Act, 1872; Principles of Pleading and The
Constitution of India. (iii) Law Paper II (Maximum Marks 100) Framing of Issues
and writing of Judgments in Civil Cases. (iv) Law Paper III (Maximum Marks 100)
Framing of Charges and writing of Judgments in Criminal cases. (c) VIVA-VOCE
(Maximum Marks 100) The candidates General Knowledge, grasp of principles of
law and suitability for appointment as Civil Judge shall be tested. (d)
COMPUTER TEST (Maximum Marks 25) The test of knowledge of computers shall carry
maximum 25 marks and such marks secured by the candidate shall be considered
for ascertaining the suitability and computer knowledge of the candidates and
shall not be aggregated to the total marks obtained in the Main Written
Examination and Viva-Voce.
"Every Judge
of the Supreme Court shall be appointed by the President by warrant under his
hand and seal after consultation with such Judges of the Supreme Court and the
High Courts in the States as the President may think necessary," is
written in Article 124(2) of the Indian Constitution. The article further specifies
that if a judge other than the Chief Justice of India is to be appointed, the
Chief Justice of India must be consulted.
Furthermore,
these credentials are required:
·
Indian citizenship; and
·
Has served as a judge in a High Court or two or more High Courts
in succession for at least ten years; or
·
Has worked as an advocate for at least ten years in one or
more High Courts in a row; or
·
From the perspective of India's President, he is a respected
jurist.
"Every Judge
of a High Court shall be appointed by the President by warrant under his hand
and seal after consultation with the Chief Justice of India, the Governor of
the State, and, in the case of appointment of a Judge other than the Chief
Justice, the Chief Justice of the High Court," is explained in Article
217(1) of the Constitution of India.
These
qualifications are also required, according to Article 217(2) —
·
Citizenship of India; and
·
has served in the Indian judiciary for at least 10 years; or
·
has served as an advocate in one or more High Courts in
succession for at least ten years.
Conclusion
This occupation needslegal
knowledge and the ability to comprehend the law from numerous perspectives. A
thorough understanding of all areas of law is required. The salary scales for
judges differ depending on their position. The retirement age for a Supreme
court judge is 65 years, whereas for a High Court judge the retirementage is 62
years. Finally, in India, becoming a judge is not a one-way street. While the
profession has a lot of prestige, it also requires a lot of hard work,
training, and years of dedication upfront. A person who aspires to be a judge
must also contribute to the nation's development, advancement, and a positive
attitude, as well as the ability to perform under duress.
*****
Grounds for refusal of a Trademark applicationIntellectual property rights provide for the rights to the owners of intellectual properties to preserve their ownership and to sustain and receive the benefits read more
Grounds for refusal of a Trademark application
Intellectual
property rights provide for the rights to the owners of intellectual properties
to preserve their ownership and to sustain and receive the benefits of their
creativity and genius. Trademark is one of the most prominent intellectual
property rights. A trademark is a tool that helps a company distinguish itself
from other brands to beat the competition. A brand is not necessarily a
trademark, but a trademark is always a brand. A trademark is a name, word, or
symbol that distinguishes goods from those of other businesses. Marketing goods
or services by procedure becomes considerably easier with a trademark because
product recognition is secured and made easy. The owner can prevent a competitor
from using his mark or symbol.
Trademark law in India
An Indian
Trademark Law was enforced in the 1940s. This law was enforced because of the
continuous infringement of the registered and non-registered trademarks. As
trade and commerce grew rapidly after the trademark legislation was
implemented, demand for trademark protection skyrocketed. The Trademark and
Merchandise Act, 1958 replaced the old Trademark law. It provided better
protection of trademarks and prevented misuse or fraudulent use of marks on
merchandise. This act as well was replaced with the Trademark Act, 1999, by the
government of India following the TRIPS (Trade-related Aspectsof Intellectual
Property Rights) obligation imposed by the World Trade Organization. The
Trademark Act's goal is to protect trademark users by directing property
conditions and providing legal remedies for trademark rights enforcement.
Trademark
identifies the owner of the product. Trademark piracy is defined as the use of
a trademark for commercial gain through unauthorised or illegal means. If a
registered trademark is infringed, the owner of the registered trademark can file
a case, whereas an unregistered trademark's only alternative is passing off.
Anyone claiming to be the owner of a trademark or claiming to have to use it in
the future may submit an application in writing to the competent registrar in an
authorised manner. The application must include the name of the goods, mark,
and services, the class of goods and services in which it falls, the
applicant's name and address, and the mark's term of use. A person here refers
to a group of firms, a partnership firm, a corporation, a trust, a state
government, or the federal government.
Grounds for refusal of a Trademark
Section 9 of the
Act defines the absolute grounds for the refusal of registration of the trademark.
Trademarks that are devoid of distinguishing qualities or consist solely of
marks or signals that might be used in commerce to represent the kind, fine,
quantity, alleged grounds, values, or geographical origin, may be rejected. Acreation
of time of things or the rendering of offers, or various features of goods or
offerings, consisting entirely of signs or signals that have become common in
today's language. That trademark is not eligible for registration. Unless it is
proven that the mark has acquired a new character as a result of use before the
application date. It further provides that a mark shall not be registered as a trademark
if:
1.
It deceives or confuses the people.
2.
There is something that can harm religious sensitivity.
3.
It is indecent or scandalous in nature
4.
Its use is forbidden. It states that a trademark cannot be
registered if it only contains (a) the shape of products that form the nature
of goods, (b) the shape of goods that are required to achieve a technical
result, or (c) the shape of goods that gives substantial value to goods.
5.
It is prohibited
under the Emblems and Names (Prevention of Improper Use) Act. 1950.
Test of similarity
If two marks
appear to be deceptively similar, the key qualities of both must be considered.
They should not be placed side by side to see if there are any design
discrepancies and if they have the same personality to avoid one design being
mistaken for the other. It would be sufficient if the challenged mark is so
similar to the registered mark that a person who normally deals with one would
accept the other if presented to him. Apart from structural, visual, and
phonetic similarity or dissimilarity, the question must also be considered in
terms of human intelligence and incomplete collecting. The question of his
impressions is viewed as an entire third.
"It is
general knowledge that 'bidis' are utilised by those belonging to the
impoverished and uneducated or semi-literate class," the court said in
Mohd. Iqbal v. Mohd. Wasim. Their level of expertise is limited. It is
unrealistic to expect children to comprehend and comprehend the subtle
differences between the two labels that can be found by comparing the two
labels. Given the foregoing, the two labels appear to have a misleading
resemblance."
The Act's Section
11 lays forth the relative grounds for a trademark's refusal to be registered.
A trademark cannot be registered if there is a likelihood of confusion due to (I)
its identity with an earlier brand and resemblance of goods or services, or (II)
its similarity to an earlier trademark and similarity of goods. It also states
that a trademark that is identical or similar to an earlier brand cannot be
registered. Also, if, or to the extent, the earlier trademark is well
recognised in India, it must be registered for goods and services that are not
identical to those for which an earlier trademark is registered in the name of
a different proprietor. It further states that a trademark cannot be registered
if or to the extent that its use in India is likely to be prohibited by law.
Conclusion
Intellectual
property rights are a new yet booming field of law in today’s time. Trademark
is one of the most essential intellectual property rights for a business. It is
essential to build their brand, their brand value and their image in the
market. People need to know the grounds on which a trademark can be refused. In
order to make sure that such grounds for non-refusal are satisfied, which makes
it faster for the business to set up and commence their business and function
as an independent brand in the market.
*****
Criminal law in Canada essentially governs all criminal procedures, evidence, investigations, and substantive law about all sorts of crimes in the country. Criminal law, in essence, covers all matters read more
These laws are put into place keeping in mind the safety and security of the general public, protecting societal norms and morals, and protecting people’s lives, property, and peace. They also focus on the protection of law and order in all public and private institutions and the overall preservation of the state.
If you are someone interested in understanding Canadian criminal law or what a criminal lawyer in Canada navigates through , keep reading to find a brief guide and introduction:
While the constitution of Canada rests the power of forming criminal laws and procedures with the federal government, provincial governments also have the power regarding creating laws on certain subjects. However, if the statutes for provincial offenses ever contradict those of federal statutes, the latter always prevails in determining the verdict for the offender.
Additionally, while provincial governments are charged with the responsibility of policing, hiring prosecutors, and handling administrative works in courts, federal governments are responsible for the appointments of supreme and county court judges.
Laws pertaining to criminal offenses in Canada are also subject to amendments in light of changing societal values such as laws relating to sexual offenses and marriage. They may also change in light of technological advancement such as laws regarding telecommunication, identity theft, and credit card fraud.
Recently, there have been large-scale changes in sentencing in Canadian courts, and much more changes are anticipated. Due to growing awareness in Canadian society regarding the benefits of sentencing offenders with sentences other than imprisonment, these changes have been presenting themselves in courts. Sentences that feature rehabilitation and community service are now preferred over capital punishments.
Under Canadian criminal law, every criminal proceeding and case begins with the essential presumption that the individual that stands on trial is innocent. If court cases begin with the belief that the accused is guilty, the proceedings would be unjust. Counsels that represent the overall community are hence then held responsible to prove beyond a reasonable doubt whether or not the accused party is guilty.
Another concept related to the presumption of innocence is due process, which essentially refers to the thorough examination of all facts of each case. Due process ensures that the legal rights of all parties involved in a case are protected and that no undue damage is done to any party.
Any individual who is accused of a crime reserves the right to have their plea and their case be decided by an independent and impartial judge. That is to say, the judiciary should be independent of all other branches of the government so that any verdict or sentence is not influenced by any other irrelevant party in any way.
While decisions under an independent judiciary may not always make all parties happy, judicial systems must run inherently to ensure the safeguard of Canadian law. Canadian courts also believe in the openness and accessibility of courts which ensure public confidence.
The Canadian criminal code and pertaining laws have been established keeping in mind the safety and security of Canadian residents and the public. All of these laws have been put into place after careful consideration, and this is proven by Canada’s high rehabilitation rate for criminal offenders.
Navi Mumbai, India
Asansol, India
Guwahati, India
Gurugram, India
Chennai, India
DAYS
HOURS
MINUTES
SECONDS
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3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
4. SoOLEGAL will remit the fees (without any interest) to its Registered User/ Consultant every 15 (fifteen) days. If there is any discrepancy in such payment, it should be reported to Accounts Head of SoOLEGAL (accounts@soolegal.com) with all relevant account statement within fifteen days from receipt of that last cycle payment. Any discrepancy will be addressed in the next fifteen days cycle. If any discrepancy is not reported within 15 days of receipt of payment, such payment shall be deemed accepted and SoOLEGAL shall not entertain any such reports thereafter.
5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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