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Introduction A live-in relationship is a type of partnership where two individuals live together without being married. This concept is widely accepted and legalized in many countries across the globe. read more
Introduction
A
live-in relationship is a type of partnership where two individuals live
together without being married. This concept is widely accepted and legalized
in many countries across the globe. The highest court of law has recognized
that the right to live together for a man and a woman in love is a fundamental
aspect of the right to life. Therefore, living in a live-in relationship is no
longer considered a criminal offense. In 2003, the Malimath Committee made
significant recommendations, particularly focusing on the term "wife" and treating a woman in
a live-in relationship similarly to a wife. Subsequently, the Protection of Women from Domestic Violence
Act (PWDVA) of 2005 provided legal recognition to relationships outside of
marriage by encompassing them under the category of relationships "in the nature of marriage".
Efforts have been made to bring live-in relationships under the purview of
various laws concerning domestic violence, maintenance, property, and the legal
status of children, in order to regulate the dynamics of this new social
arrangement.
Legality and
Recognition of Live-in Relationships in India
Living
in a relationship without being formally married is not considered a crime in
India. The Supreme Court has made several judgments stating that if a man and a
woman live together as a married couple, even if they are not legally married
but have a long-term relationship and children, they will be presumed to be
married, and the same laws that apply to married couples will be applicable to
them.
The
concept of a live-in relationship was recognized by the Allahabad High Court in
the Payal Sharma v. Nari Niketan
case, where it was stated that although society may consider it immoral, it is
not illegal for a man and a woman to live together without getting married. The
Supreme Court, in the S. Khushboo v.
Kanniammal & anr case, also affirmed that a live-in relationship
between two consenting adults cannot be considered an offense, and there are no
laws in place that prohibit live-in relationships or pre-marital sex.
Article 21 of the
Constitution of India guarantees the right
to life and personal liberty as a fundamental right, and the court has ruled
that individuals in a live-in relationship without formal marriage are not
considered criminals. Therefore, live-in relationships are legally recognized
in India.
PWDVA
was the first legislation in India to recognize and provide rights and
protection to females who are in live-in relationships. Even if they are not
legally married, the Act acknowledges their relationship and treats it as a
domestic relationship.
The Act does not explicitly define a live-in
relationship but leaves it to the interpretation of the courts. Currently, the
provisions of the PWDVA validate individuals in live-in relationships and grant
women certain fundamental rights to protect themselves from abusive situations
such as fraudulent marriages or bigamous relationships.
To
establish the legality of a relationship "like
marriage" under PWDVA, certain essential criteria were outlined by the
Supreme Court in the cases of D
Patchaiammal v. D Velusamy and Indra
Sarma v. V.K.V. Sarma. Women in such relationships must fulfill specific
criteria to benefit under the PWDVA, including:
·
Age: The couple
involved must be of legal age to marry according to Indian law. In the Payal Katara v. Superintendent Nari Niketan
Kandri Vihar Agra and Ors. case, the Allahabad High Court emphasized that a
woman of about 21 years of age, being a major, has the right to live with
anyone, even without being married. However, a recent judgement by the Kerala
High Court in Nandakumar v. the State of
Kerala held that an adult couple can be in a live-in relationship even if
the man's age is below 21, the legal age for marriage.
·
A significant period:
The expression "at any point of
time" mentioned in Section 2(f)
of the PWDVA implies a reasonable period during which the relationship is
maintained and continues. The duration may vary depending on the specific
circumstances of each case. It is important to demonstrate sincerity and
seriousness in the relationship. Short-term or casual relationships, such as
one-night stands or week-long affairs, would not fall under the scope of a
domestic relationship.
·
Voluntary cohabitation:
The couple must have made an independent decision with a common intention to
cohabit. This includes supporting each other, sharing responsibilities, making
financial arrangements, and engaging in public socialization to demonstrate the
loyalty and endurance of the relationship. If a man keeps a woman solely for
sexual reasons or as a maid/slave while providing financial support, it would
not be considered a relationship in the nature of marriage or equivalent to
marriage.
In
the landmark case of Badri Prasad v. Dy.
Director of Consolidation, the Supreme Court recognized live-in
relationships for the first time and granted legal validity to a fifty-year
live-in relationship between a couple. Justice Krishna Iyer stated that a
strong presumption of marriage arises when partners have lived together for a
significant period as husband and wife. While the presumption can be rebutted,
the burden of proof lies on the person seeking to challenge the legal status of
the relationship.
Legal Rights and
Maintenance Entitlements in Live-in Relationships
a. Legal
status: The Supreme Court ruling in Tulsa v. Durghatiya established that
children born out of a live-in relationship are no longer considered
illegitimate. For this to apply, the parents must have lived together and
cohabited for a significant period, demonstrating their seriousness and
sincerity in the relationship.
In
S.P.S. Balasubramanyam v. Suruttayan, the Supreme Court recognized the
legitimacy of children born out of live-in relationships. The court stated that
if a man and woman live together and cohabit for a substantial period, there is
a presumption that they are married, and their children are not illegitimate.
The court also referred to Article 39(f)
of the Indian Constitution, which directs policies to protect the rights
and development of children.
b. Property rights: In the case of Revanasiddappa v. Mallikarjun, the
Supreme Court recognized the rights of four children born out of a live-in
relationship as legal heirs, ensuring their inheritance. Similarly, in Bharatha Matha v. R. Vijaya Renganathan,
the Supreme Court held that a child born out of a live-in relationship can
inherit the property of their parents. However, the child does not have any
claim over Hindu ancestral coparcenary property.
c. Maintenance: The Malimath Committee, established
in 2000 to propose reforms to the criminal justice system, recommended amending
Section 125 of the Criminal Procedure
Code (CrPC) to extend maintenance rights to women who have lived with a man
similar to a wife for a significant period. However, certain criteria need to
be met under the PWDVA to avail of maintenance rights, including the right age,
mutual and independent consent, a significant period of cohabitation, and
social status. Short-term relationships or those based solely on sexual desire
are not considered sincere relationships.
In
Chanmuniya v. Chanmuniya Kumar Singh
Kushwaha, the Supreme Court rejected the argument that only legally married
women can claim maintenance under Section
125 of the CrPC. The court held that women in live-in relationships are
entitled to the same claims and reliefs as legally wedded wives under Section
26 of the PWDVA.
In
Abhijit Bhikaseth Auti v. State of
Maharashtra and Others, the
Supreme Court ruled that a woman in a live-in relationship can claim
maintenance under Section 125 of the CrPC
without the strict requirement of proving marriage. The court emphasized the
need to extend the scope of Section 2(f)
of the PWDVA to provide protection to dependent, poor, and illiterate
individuals and their children.
Conclusion
Live-in
relationships are legally recognized in India, and the Supreme Court has made
significant judgments affirming the rights and protection of individuals in such
relationships. PWDVA provides legal recognition to relationships "in the nature of marriage"
and grants women certain fundamental rights. The courts have established
criteria such as age, a significant period of cohabitation, and voluntary
cohabitation to determine the legality of a live-in relationship under the
PWDVA. Children born out of live-in relationships are considered legitimate,
and property rights and maintenance entitlements have been upheld by the
judiciary. However, there is still a need for further discourse and legislation
to address the complexities and ensure comprehensive legal protection for
individuals in live-in relationships.
This article outlines the remedies available to people who feel threatened as a result of these sensitive images and aims to offer helpful insights on protecting your private photos from unauthorized read more
This
article outlines the remedies available to people who feel threatened as a
result of these sensitive images and aims to offer helpful insights on
protecting your private photos from unauthorized disclosure by your
ex-boyfriend/girlfriend.
Legal
provisions are in place to protect individuals facing threats or blackmail in
India. These provisions include sections of the Information Technology Act,
2000, such as Section 66E which prohibits the unauthorized capturing or
publishing of private images, and Section 67 which criminalizes the
transmission of obscene electronic material. Section 67A deals with the
publication of sexually explicit material, while Section 67B specifically
addresses child pornography.
The
Indian Penal Code also contains relevant sections, such as Section 292 which
targets the sale or distribution of obscene books, and Section 501 which covers
the printing or engraving of defamatory material. Violations of these
provisions can result in imprisonment and fines.
To
combat cybercrimes, the Indian government has established cyber forensic
training and investigation labs in multiple states, as well as cybercrime cells
in all states and Union territories. These initiatives aim to strengthen law
enforcement capabilities and facilitate the reporting and investigation of
cybercrime cases.
In
terms of legal recourse, individuals facing threats or blackmail are advised to
contact the police through the emergency hotline number, provide their details,
and explain the situation. The police will take action by sending officers to
meet with the individual, document their statement, and initiate necessary
steps, including apprehending the responsible individuals, seizing their
devices, and conducting interrogations.
Seeking
the assistance of a trustworthy lawyer is recommended, as they can guide the
individual through the legal process, help file a civil case to obtain an
injunction against the perpetrators, and explore the option of filing a
criminal case if negotiations are unsuccessful. Emotional support from friends,
family, or support groups is also important during this challenging time.
Overall, it is crucial to take prompt action, seek legal help, and remember that resources and support are available.
If you have any additional questions, please contact us at +91 9810929455 or via email at info@soolegal.com.
The victim can get an injunction from the court
to stop the images from being published elsewhere. If you are tagged in a post
first untag yourself then report on the site. You can contact Google to remove
the images and other information from search results.
Introduction Marriage is a sacred institution that is built on the foundation of trust, love, and companionship. However, there are instances where a marriage may face challenges and become strained, read more
Introduction
Marriage
is a sacred institution that is built on the foundation of trust, love, and
companionship. However, there are instances where a marriage may face
challenges and become strained, leading to irreparable damage to the
relationship. Mental cruelty is one such challenge that can significantly
impact a marriage, and when a spouse is forced to stay away from their parents,
it can be a compelling ground for seeking a divorce. This article explores the
legal aspects surrounding this issue, focusing on the rights of individuals and
the potential implications of forcing a spouse to stay away from their parents.
Understanding Mental
Cruelty in Marriage
Mental
cruelty refers to any act or behavior that inflicts severe emotional or
psychological distress upon an individual within a marriage. It is a
non-physical form of abuse that can have long-lasting effects on the victim's
mental well-being. In many jurisdictions, mental cruelty is recognized as a
valid ground for seeking a divorce, as it undermines the foundation of a
healthy and harmonious marital relationship.
Importance of the
Parent-Child Relationship
The
bond between a person and their parents is often a deeply ingrained and cherished
connection. It is a relationship that is nurtured over time and carries
significant emotional and psychological value. The welfare and happiness of
both spouses may be dependent on maintaining a healthy relationship with their
respective parents. Interfering with this relationship can be a serious
infringement on an individual's rights and can cause significant harm to their
mental well-being.
Legal Perspective on
Forced Separation from Parents
In
many jurisdictions, laws governing marriage and divorce recognize mental
cruelty as a valid ground for divorce. Although the specific laws and legal
requirements may vary, the principle remains the same: a spouse should not be
subjected to any form of abuse or cruelty within the marriage. The act of
forcing a spouse to stay away from their parents can be seen as an attempt to
isolate, control, or manipulate them, thereby constituting mental cruelty.
Legal Recourse: Seeking
Divorce
When
a spouse is subjected to mental cruelty, such as being forced to stay away from
their parents, they may choose to seek divorce.
The
Calcutta High Court recently made a significant ruling stating that a husband
has the right to seek a divorce if his wife compels him to move away from his
parents. The court emphasized that a son has a "pious obligation" to care for and support his parents
and it is normal for a son to live with his parents in Indian culture. The
division bench of Justices Soumen Sen and Uday Kumar rejected a woman's plea
challenging a family court's decision to grant her husband a divorce. The
family court had granted the divorce based on the grounds of cruelty, citing
instances where the wife publicly insulted the husband and made derogatory
remarks about his employment status. The husband had been working as a part-time
teacher and was seeking a government job. However, his efforts were hindered
when his wife filed a criminal case against him and his parents, accusing them
of torture.
Therefore,
forcing a spouse to stay away from their parents can be a form of mental
cruelty within a marriage, with potential long-term consequences for the
victim's mental and emotional well-being. Recognizing this as a valid ground
for seeking divorce is crucial for protecting the rights and autonomy of
individuals within a marriage.
If you have any additional questions, please contact us at +91 9810929455 or via email at info@soolegal.com.
Introduction: Discovering that a spouse is engaged in an extra-marital affair can be emotionally devastating. While the impact on the relationship is deeply personal, there are legal considerations to read more
Introduction:
Discovering
that a spouse is engaged in an extra-marital affair can be emotionally
devastating. While the impact on the relationship is deeply personal, there are
legal considerations to be aware of as well. This article explores the evidence
that can be used against a spouse involved in an affair, as well as the
available remedies in different personal laws in India.
Evidence
against a spouse engaged in an extra-marital affair: Proving an extra-marital
affair can be challenging, but various forms of evidence can be used to support
a case. These include:
Birth of an
illegitimate child: The birth of a child
conceived during the affair can be strong evidence of infidelity.
Contraction of a
venereal disease: If the unfaithful
spouse contracts a sexually transmitted infection, it can serve as evidence of
extra-marital sexual activity.
Witnesses, photographs,
and videos: If it is legal and ethical to do
so, gathering witness testimonies, photographs, or videos that capture the
spouse's involvement in the affair can be valuable evidence.
Evidence of visits to a
brothel: If there is proof of the spouse
visiting a brothel, it can indicate involvement in extramarital sexual
activities.
Confession of the
spouse: A spouse's confession of their
adulterous behavior can serve as evidence against them.
Communication records:
Messages or emails found on devices or obtained legally can provide evidence of
an affair.
Paternity test reports:
A paternity test revealing that a child from the affair is biologically linked
to the unfaithful spouse can further support the case.
It
is important to note that while direct evidence is preferred, circumstantial
evidence can also be used to establish an extra-marital affair. The evidence
presented collectively should lead to a compelling conclusion of adultery, with
the intention to commit adultery being an essential element.
Remedies under personal
laws in India: The available remedies for
individuals affected by an extra-marital affair vary depending on their
personal law. Here are some notable remedies under different personal laws:
Hindu Marriage Act,
1955, and Special Marriage Act, 1954:
Divorce:
A spouse can file for divorce on the ground that their partner engaged in
voluntary sexual intercourse with someone other than themselves after marriage.
Judicial Separation:
If immediate divorce is not desired, a petition for judicial separation can be
filed, providing time for reflection and deciding on the future of the
marriage.
Muslim Personal Laws:
Husband:
A Muslim husband can divorce his wife by exercising triple talaq or through
delegation of divorce powers to the wife (talaq-i-tafweez).
Wife:
The wife can file for divorce if the husband associates with women of ill
repute or leads an infamous life, considering it as mental cruelty. False
accusations of adultery by the husband may also be grounds for divorce.
Christian Law:
Divorce:
The Divorce Act, 1869, allows divorce on the ground of adultery committed by
the respondent after marriage.
Judicial Separation:
A petition for judicial separation can be filed.
Also,
the Code of Criminal Procedure, 1973 (CrPC) contains provision related to
extramarital affairs, which can be summarized as follows:
Maintenance:
According to the CrPC, a wife who is found to be living in adultery is not
entitled to receive maintenance from her husband. If a maintenance order has
already been issued, but later it is proven that the wife is living in
adultery, the magistrate has the authority to cancel the maintenance order.
It's important to note that "living in adultery" refers to a
continuous state of engaging in adultery, rather than a one-time occurrence.
Conclusion:
Discovering a spouse's extra-marital affair can be emotionally distressing, and individuals need to understand their legal recourses and rights. Collecting evidence, whether direct or circumstantial, is crucial to support a case. The available remedies vary under different personal laws in India, allowing for divorce and judicial separation. Understanding the legal framework can help individuals make informed decisions regarding their relationships and seek appropriate remedies.
If
you have any additional questions, please contact us at +91 9810929455 or via email at info@soolegal.com.
Today 29th June is Eid al Adha ( also called Eid ul Zoha or Bakrid ) an important festival among Muslims in which an animal is sacrificed ( qurbani )..This reminded me of a case I heard in the Allahabad read more
Introduction Abortion is the medical procedure or process of terminating a pregnancy before the fetus is able to survive outside the womb. It is the deliberate ending of a pregnancy, resulting in the read more
Introduction
Abortion
is the medical procedure or process of terminating a pregnancy before the fetus
is able to survive outside the womb. It is the deliberate ending of a
pregnancy, resulting in the removal or expulsion of the embryo or fetus from
the uterus.
Abortion
can be performed through various methods, which depend on factors such as the
gestational age of the pregnancy and the woman's health.
According
to Sections
312 to 316 of the Indian Penal Code 1860, certain situations are
outlined where abortion is considered illegal and punishable under the law.
These provisions state that causing a miscarriage in a woman is a criminal
offense. Furthermore, if a person voluntarily causes a woman to have a
miscarriage, they can be punished with imprisonment for up to 3 years and a
fine. This penalty applies particularly if the miscarriage is not performed in
good faith with the intention of saving the life of the woman.
To put it simply, the Indian Penal Code makes it clear that causing a miscarriage in a woman is a crime, and anyone who deliberately does so without a justifiable reason can face legal consequences such as imprisonment and a fine.
Is Abortion legal for
unmarried woman in India?
Yes,
unmarried women in India are legally allowed to have an abortion. The Medical Termination of Pregnancy Act, 1971 (“Act”) was enacted to provide a
legal framework for safe and legal abortions. Under this law, any woman,
regardless of her marital status, has the right to seek an abortion if certain
conditions are met.
According
to the Act, a pregnancy can be terminated if it poses a risk to the physical or
mental health of the woman, if there is a substantial risk that the child, if
born, would suffer from physical or mental abnormalities, or if the pregnancy
is a result of rape or failure of contraceptive methods. The act allows for
abortions up to 20 weeks of gestation, although there are some exceptions to
this limit in cases where there is a substantial risk to the woman's life or if
there are fetal abnormalities. It is important to note that abortions in India
must be performed by a registered medical practitioner in a recognized medical
facility. Additionally, there may be certain requirements and procedures that
need to be followed, such as obtaining consent, ensuring confidentiality, and
maintaining medical standards.
Section-3
of the Act provides certain conditions on which pregnancy can be terminated by
a woman through registered medical practitioners. The pregnancy according to
Section-3 can be terminated if:
1. The
length of the same does not exceed 20 weeks or 24 weeks
2. The
continuance of the pregnancy would involve a risk to the life of the pregnant
woman or of grave injury to her physical or mental health
3. There
is a substantial risk that if the child were born, it would suffer from any
serious physical or mental abnormality.
Also,
under the Act, there are two explanations wherein it is stated that the
pregnancy can be terminated if, “where
any pregnancy occurs as a result of failure of any device or method used by any
woman or her partner for the purpose of limiting the number of children or
preventing pregnancy, the anguish caused by such pregnancy may be presumed to
constitute a grave injury to the mental health of the pregnant woman.” Or “where any pregnancy is alleged by the
pregnant woman to have been caused by rape, the anguish caused by the pregnancy
shall be presumed to constitute a grave injury to the mental health of the
pregnant woman”
An unmarried woman can also terminate her pregnancy if the above conditions are met as per the Act. However, the Act also states that the termination of pregnancy of a minor girl or mentally challenged girl shall only be performed with the consent of her guardian.
Can the pregnancy be
terminated at any place so desired?
No,
the Act under Section-4 specifies the places where the termination of the
pregnancy can take place. The places are:
1.
A
hospital established or maintained by Government
2. A place for the time being approved for the purpose of this Act by Government or a District Level Committee constituted by that Government with the Chief Medical Officer or District Health Officer as the Chairperson of the said Committee
Can a pregnancy be
terminated in case the conditions under Section-3 and Section-4 are not met?
Yes, a pregnancy can be terminated even if the conditions under Section-3 are not met. Section-5 of the Act states that if in the opinion of two registered medical practitioners the termination is immediately necessary to save the life of a pregnant woman.
We have tried to cover as many questions as possible with regard to the above topic. However, if there are still any questions, please contact us on +91 9810929455 or mail us at info@soolegal.com
Introduction A civil suit refers to a legal action filed by one party against another in a civil court to seek a legal remedy for a civil wrong or dispute. It is a non-criminal litigation process that read more
Introduction
A
civil suit refers to a legal action filed by one party against another in a
civil court to seek a legal remedy for a civil wrong or dispute. It is a
non-criminal litigation process that deals with private matters such as
contractual disputes, property disputes, tort claims, family matters, and
various other civil issues. Civil suits are governed by the Civil Procedure Code, 1908, (hereinafter
referred as “CPC”) which provides the procedural rules and guidelines for
conducting civil proceedings in India. The Code outlines the process of filing
a suit, the jurisdiction of courts, the issuance of summons, examination of
witnesses, presentation of evidence, and the final judgment. The objective of a
civil suit is to obtain a legal resolution, usually in the form of compensation
or specific performance, to restore the rights or address the grievances of the
aggrieved party. The stages of a civil suit as per Code of Civil Procedure, 1908 are mentioned below:
|
S.No |
Stages |
Particulars |
|
1. |
Presentation of a
Plaint under Order 7 of CPC |
Order 7 of CPC 1908
governs the presentation of a plaint in a civil suit in India. It specifies
that the plaint should contain essential particulars, be verified,
accompanied by the appropriate court fees, and presented to the court having
jurisdiction. If the plaint is found to be in order, it is endorsed,
registered, and assigned a unique serial number for future reference. |
|
2. |
Service of Summons on
the Defendant under Order 5 CPC |
Order 5 of the CPC,
outlines the process of serving summons on the defendant in a civil suit in
India. Summons is issued by the court to notify the defendant about the
lawsuit and their obligation to appear in court. The summons can be served
through personal service, registered post, or substituted service if the
defendant cannot be found. In the case of corporations or government
entities, the summons is served on their authorized officer. After the
service, the serving officer or process server submits a report to the court.
Serving summons ensures that the defendant is aware of the legal proceedings
and has an opportunity to respond and defend their case. |
|
3. |
Appearance of Parties |
Once the summons has
been duly served on the defendant, the subsequent phase of the civil suit
begins, involving the appearance of both parties before the court on the
specified date. If the defendant fails to appear as instructed in the
summons, the court has the authority to proceed with the case in their
absence, which is known as an ex parte proceeding. Conversely, if the
plaintiff is absent on the designated date, the court may dismiss the suit.
If neither party appears, the court has the discretion to dismiss the suit
altogether. |
|
4. |
Filling of Written
Statement and/or any appropriate application under CPC |
After registering
their appearance the defendant herein will be asked to file his Written
Statement and/or the defendant, if thinks fit, can file any other application
as per the provisions of CPC. Also at this stage a counter claim can also be
filed by the defendant against the plaintiff if the facts and circumstances
are such. |
|
5. |
Production of
Documents by both Parties and examination of parties |
Both Plaintiff and
Defendant produce the necessary documents that they want to rely upon to
prove their case. Also at this stage the court determines from each party or
their representative whether they accept or refute the factual allegations
stated in the plaint and written statement. These admissions and denials are
duly documented and recorded by the court. |
|
6. |
Framing of Issues |
Under Order 14 of the
Civil Procedure Code, the court, at this stage, is responsible for framing
the issues in the case. This task is assigned to the judges as per Order 14,
Rule 1. If the court deems it necessary to examine a person or a document in
order to accurately frame the issues, it has the discretion to do so.
Furthermore, the court retains the power to strike out or add issues in the
dispute before delivering a judgment. Top of
Form
|
|
7. |
Summoning and
Attendance of witnesses |
Order 15 of the Civil
Procedure Code (CPC) deals with the summoning and attendance of witnesses in
a court of law. As per this order, the parties are required to submit a list
of their respective witnesses and the documents they intend to present as
evidence. The court fixes a specific day for summoning the witnesses, which
should not be later than fifteen days after the settlement of the issues in
the case. |
|
8. |
Hearing of Suits and
Examination of Witnesses |
During this stage of
the trial, which involves the examination of witnesses and the hearing of
suits, the plaintiff is initially given the opportunity to present their
case. However, if the defendant raises a legal point or introduces additional
facts suggesting that the plaintiff is not entitled to relief, the defendant
may take precedence in starting the trial instead of the plaintiff. In such a
situation, the defendant has the right to initiate the proceedings. |
|
9. |
Arguments |
Once the examination
of witnesses is concluded, the suit proceeds to the stage of arguments.
During this phase, both parties provide a concise overview of their case and
present the evidence supporting the issues before the judge in the final
session. |
|
10. |
Judgment |
The judgment is the
decision rendered by the judge based on which a decree is issued. Following
the hearing of arguments from both sides, the court, as per Order 20, Rule
6A, will announce the judgment either promptly or within one month from the
conclusion of the arguments. |
|
11. |
Appeal |
If either party to
the suit is not satisfied with the judgment due to certain reasons, that
party can prefer an appeal before the concerned appellate court. Also, in the
pendency of the appeal an interim stay on the judgment can also be prayed
for. |
We have tried to cover every aspect with
respect to the above-mentioned topic. However, in case we have missed out on
anything, please reach out to us on +91
9810929455 or mail us at info@soolegal.com.
IntroductionIn a democratic society, the right to privacy and protection from unwarranted searches is a fundamental aspect of an individual's liberty. However, there are instances when law enforcement read more
Introduction
In a democratic society, the right to privacy and protection from unwarranted searches is a fundamental aspect of an individual's liberty. However, there are instances when law enforcement agencies may need to search a person's home without a warrant. In India, the legal framework governing these circumstances is defined by the Code of Criminal Procedure (CrPC) and various judgments by the Supreme Court.
What is a Search
Warrant?
A search warrant is a legal authorization issued by a magistrate or judge, allowing law enforcement officers to search a specific location, such as a residence or business premises, in order to gather evidence related to a crime. It is granted based on a written application or affidavit submitted by the police, demonstrating sufficient grounds for the search and establishing the need for the warrant. The search warrant ensures that searches are conducted within the framework of the law, respecting individuals' right to privacy and protecting against arbitrary intrusion. This article aims to explore the instances when the police can search a home without a warrant in India while citing relevant laws.
Necessity for
Investigation: Under Section 165 of the Code of
Criminal Procedure, 1973 (referred as “CrPC), a police officer can search premises
without a warrant if the same is required for the purposed of investigation
that the police officer is empowered to make into an offence and the said
action cannot be delayed. The Hon’ble Supreme Court has also observed in Karnail
Singh v. State of Haryana, (2009) 8 SCC 539 that, “The Code of Criminal Procedure in various provisions, particularly
Sections 96 to 103 and Section 165 recognizes the necessity and usefulness of
search and seizure during the investigation.”
Also,
it is advised that in case a police officer is searching your premises, the
same, if possible must be video-recorded so that no police officer can plant
any evidence against you. Also you must ask the police officer for your lawyer
to be present or your close relatives or family members.
Suspect Pursuit:
In situations where a suspect flees from a crime scene and enters a private
residence, the police can enter and search the premises without a warrant. The
rationale behind this exception is to prevent the suspect from escaping justice
or causing harm to others. The Supreme Court has upheld this principle in
several landmark judgments. The said power is also stated in Section 47 of CrPC.
Section
47 of the CrPC permits the police to
lawfully enter a person's residence if they have reasonable belief that an
offender they are pursuing has entered or is present in that place. However,
there is a proviso to this section which states that if the place to be
searched is occupied by a woman who, according to custom, does not appear in
public, the police must serve her a notice to leave and provide her with every
reasonable opportunity to do so before forcibly entering the premises.
Also
Section 80 of the Information
Technology Act, 2000 gives the power to Police to enter the premises
without a warrant. It states, “any police
officer, not below the rank of a Inspector, or any other officer of the Central
Government or a State Government authorised by the Central Government in this
behalf may enter any public place and search and arrest without warrant any
person found therein who is reasonably suspected of having committed or of
committing or of being about to commit any offence under this Act.”
Recovery of Stolen
Property: If there is credible information or
reasonable grounds to believe that stolen property is concealed within a
particular premise, the police can search that place without a warrant.
However, the law requires that the police officer has adequate reasons to
believe that the stolen property is present within the premises.
Emergencies and Public
Safety: In exceptional circumstances where
there is an immediate threat to public safety or the need to prevent a serious
crime, the police may enter and search a dwelling without a warrant. This
provision aims to safeguard the welfare and security of the general public.
Can any police officer
other than a police officer conduct a search at your home without a warrant?
As per Section-165 of CrPC, if a police officer is not able to conduct a search in person and no other competent person is available to conduct the same. He can order his subordinate person, after recording reasons in writing, to conduct the search.
Conclusion: The right to privacy is a fundamental right guaranteed to every individual in India. However, certain situations allow the police to search a home without a warrant, as outlined in the Code of Criminal Procedure and various judicial precedents. These exceptions are limited in scope and subject to stringent safeguards to prevent abuse of power. It is crucial for law enforcement agencies to adhere to the legal requirements and respect the privacy of individuals while exercising their authority to search homes without a warrant. Citizens must be aware of their rights and exercise due diligence to ensure that their constitutional protections are upheld.
We have tried to cover this issue as exhaustively as
we could. However, in case you have any query, please connect with us at +91 9810929455 or mail us at info@soolegal.com.
Introduction: In today's highly competitive business landscape, companies are increasingly investing resources in training and developing their employees to enhance the quality of their products read more
Introduction:
In today's highly competitive business
landscape, companies are increasingly investing resources in training and
developing their employees to enhance the quality of their products and
services. However, the rising attrition rate poses a significant challenge as
employees often leave after gaining valuable skills and knowledge. To address
this issue, companies are resorting to the use of employee bonds, which are
contractual agreements between employers and employees outlining the terms and
conditions of employment. This article provides a comprehensive examination of
the legality and implications of employee bonds in India.
Prerequisites for a
Valid Employee Bond:
For
an employee bond to be considered legally valid in India, certain prerequisites
must be met. Firstly, both parties must sign the agreement voluntarily and with
their informed consent. Secondly, the terms and conditions stipulated in the
bond must be reasonable and fair. Finally, the conditions imposed on the
employee should be proven necessary to protect the employer's legitimate
interests.
Employee Bond Legality:
The
legality of employee bonds hinges on their adherence to Indian contract law.
The Indian Contract Act, 1872 stipulates that for a contract to be enforceable
by law, it must be entered into voluntarily without coercion, undue influence,
deception, or mistake. Therefore, an employee bond that meets these
requirements can be considered lawful and legally enforceable.
However,
certain legal provisions restrict the validity of employee bonds in India, such
as Section 27 of the Indian Contract Act prohibits agreements that interfere
with fair trade or lawful professions. Accordingly, any bond that restricts an
individual from engaging in fair trade or a lawful profession, directly or indirectly,
is deemed null and void. Moreover, Article 19(1)(g) of the Indian Constitution
grants individuals the freedom to practice a lawful profession, trade, or
business. To be considered lawful in India, an employee bond must not
contravene these provisions, ensuring the preservation of free trade and fair
practices in legally permitted professions.
Remedies Available for
Employees and Employers:
In the event of a breach of an employee bond,
the employer may be entitled to compensation. However, the compensation awarded
should be reasonable and commensurate with the actual loss suffered by the
employer. The court determines the fair amount of compensation, taking into
account the specific circumstances of the case. It is important to note that
even if the bond includes a penalty amount for violations, the employer is not
automatically entitled to the full amount, as the court assesses the
appropriate compensation.
Course of Action
Following a Breach:
When
an employee breaches an employee bond, companies typically initiate a legal
process. This involves sending a legal notice demanding compliance or payment
as stipulated in the bond. If the employee fails to comply, the company can
file a lawsuit in a court of proper jurisdiction to recover the due amount, based
on the terms and conditions of employment.
Conclusion:
Employee
bonds can be a valuable tool for companies in retaining trained and skilled
employees. However, their legality in India depends on various factors,
including voluntary consent, reasonableness of terms and conditions, and
compliance with legal provisions. It is essential for both employers and
employees to seek legal counsel before entering into such agreements to ensure
their rights and obligations are effectively safeguarded. By adhering to the
legal requirements and considering the implications, employers can strike a
balance between protecting their interests and respecting the rights of their
employees in the context of employee bonds.
We
have tried to address the possible queries related to legality of Employee Bond
in India, still if there are any further questions, please contact us at +9810929455
or via email at info@soolegal.com.
Introduction: Case Disposal refers to the completion of court proceedings, wherein the reliefs sought are either partially or completely granted or rejected. Once a case is disposed of, no further hearings read more
Introduction:
Case
Disposal refers to the completion of court proceedings, wherein the reliefs
sought are either partially or completely granted or rejected. Once a case is
disposed of, no further hearings are required, and it is considered concluded.
Termed as "Mamla Niptaya"
in Hindi, a disposed case can involve dismissal, guilty plea, or a verdict of
guilty or not guilty by the judge.
The
landmark case of Hussainara Khatoon (V) v. Home Secy., State of Bihar, (1980) 1 SCC 108
established the foundation for a speedy trial. It ruled that prolonged
detention of prisoners, beyond the prescribed duration, is unjustified and
violates the rights under Article 21 of the Constitution of India.
Additionally, the court held that the Right to Life encompasses the Right to
Speedy Trial.
Reopening of Disposed
Cases:
Disposed
cases can be reopened under various circumstances:
·
Dissatisfaction with
the final judgment by either party.
·
Granting of relief due
to an error or mistake.
·
Discovery of new
evidence relevant to the case that could potentially alter the judgment.
Time Limit for Case
Disposal:
There
is no specific time limit prescribed for case disposal. However, higher courts
have the authority to direct lower courts to expedite the disposal of cases.
The government is actively working towards establishing fast track courts to
facilitate speedy trials, particularly in cases involving rape, check bounce,
and village court matters, to ensure swift justice.
Reasons for Delay in
Case Disposal:
The
increase in litigation cases in recent years has contributed to delays in case
disposal. One of the primary reasons for this delay is the tendency of
individuals to resort to legal proceedings for issues that could be resolved
through alternative means, such as mediation. Promoting awareness about
mediation can significantly reduce the burden on the courts. Additionally,
increasing the number of judges in India is crucial to meet the growing demand
and expedite case disposal.
Status of Pending
Cases:
A
pending case refers to a lawsuit that has been initiated but not yet concluded.
It remains pending until a judgment is delivered by the court.
In
the case of Union Carbide Corpn. v. Union of India, (1989) 1 SCC 674,
numerous individuals who suffered injuries have not yet received compensation
for the harm they endured, despite the passing of several years.
Differentiating “Case Disposal” and “Case Dismissed”:
The
term "disposal" encompasses
a broader context than "dismissed."
When a case is dismissed, it means the court has not made any decision on the
matter and has terminated the proceedings prematurely. On the other hand, case
disposal signifies that the court has made a final decision on the issues
presented. Dismissal may occur when:
·
A wrong complaint has
been filed.
·
Dissatisfaction with
the arrest.
·
Unavailability of
witnesses.
·
Insufficient evidence.
Nature of Disposition:
Case
disposal occurs when all relevant issues have been examined, and the judge has
rendered a final decision, irrespective of whether it is a criminal or civil
case. Different types of disposition include:
Contested-Otherwise:
When the disposition is opposed due to issues unrelated to the facts and
findings of the case.
Contested-Judgment:
In this situation, the judgment is based on the merits of the facts presented,
as the pleadings are disputed.
Contested-Dismissed:
When parties fail to substantiate their claims with strong evidence, leading to
the dismissal and disposal of the case, particularly when one party is absent
from the proceedings.
Contested-Compromise:
When no decision regarding the issues is reached, and the case is resolved
through a mutual agreement.
Uncontested-Otherwise:
When the case is disposed solely based on the presented facts and details,
without any opposition, and the court delivers a judgment.
Conclusion:
When a case status reflects that it is "disposed," it signifies that the legal proceedings have concluded, and a final decision or judgment has been reached. Understanding the implications of a disposed case is crucial for the parties involved, as it determines the binding effect of the court's decision, the possibility of appeal, and the need for further actions such as enforcement. By comprehending the significance of a disposed case, individuals can navigate the legal system more effectively and make informed decisions regarding their legal rights and obligations.
We have tried to address the
significance of “Disposed” cases;
however, if you have any further questions, please contact us at +91 9810929455 or via email at info@soolegal.com.

Allahabad, India

Kochi, India

Kolkata, India

Bhusawal, India

Allahabad, India

Moradabad, India

Mohali, India

Navi Mumbai, India

Glendale, United States

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