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Illegal termination of Employees by Multi National Companies (MNCs) – Legal Remedies Employment termination is a complex issue, which requires careful consideration and adherence to legal read more
Illegal termination of
Employees by Multi National Companies (MNCs) – Legal Remedies
Employment termination is a complex
issue, which requires careful consideration and adherence to legal guidelines.
Some companies choose to terminate employees for illegal or unethical reasons.
This can lead to severe adverse consequences for the company and emotional and
financial losses for the employee. In this blog post, we'll explore some common
grounds for the illegal termination of employees by companies as well as the
legal protections available against wrongful termination.
Introduction
Employment termination is a critical
issue that has gained significant attention in recent years, particularly in
India. According to a recent study by the Centre for Monitoring Indian Economy
(CMIE), India's unemployment rate rose to 7.97% in March 2021, with millions of
people losing their jobs due to the COVID-19 pandemic. Despite the legal
protections for employees against wrongful termination in place, many Indian
companies and MNCs continue to engage in illegal termination practices.
Unfortunately, some companies have also taken advantage of the situation by
terminating employees illegally without following the proper legal procedures.
In some cases, employees have been terminated due to their gender, age, or
caste, which violates India's anti-discrimination laws. Moreover, some
companies have terminated employees without providing adequate compensation or
notice, which is illegal under Indian labour laws. These illegal termination
practices have serious consequences for both the employee and the company,
including legal action, financial penalties, and damage to the company's
reputation. Additionally, it is essential to know when the termination is
considered illegal.
What is a wrongful termination of an
employee?
A wrongful termination of an
employee is an act where an employer terminates/dismisses/removes an employee
without providing valid grounds for such conduct. Therefore, in cases where the
employer or a company can not furnish valid grounds for an untimely termination
of an employee, it is considered an illegal termination. Also, despite any
reason, when an employee is not given an opportunity to be heard., it infringes
the fundamental legal principle of Audi
alterem partem, which means, “listen to the other side.”
Circumstances
when firing from a job is an illegal termination:
1. Discrimination: If an employee is
terminated due to their race, gender, age, religion, or other protected
characteristic, it is a clear violation of anti-discrimination laws. Therefore,
it is an illegal and unethical termination.
2. Retaliation: If an employee is
terminated in retaliation for reporting harassment, discrimination, or other
illegal activity, it is unlawful under whistleblower protection laws.
3. Violation of public policy: If an
employee is terminated for exercising their legal rights, such as taking time
off for jury duty, voting, or reporting a workplace safety violation, it is
illegal termination.
4. Breach of contract: If an
employee is terminated in violation of their employment contract, it is illegal
under contract law. Usually, the appointment or offer letters include this
clause that if an employee resigns, they will have to serve a notice period of
1 or 2 or 3 months, as the case may be. If the notice period is not served,
they will have to face a penalty of those months’ salary payable to the
employer. The same applies to vice versa as well.
Furthermore, the protection provided
by laws in cases of illegal termination of employees is of utmost importance in
India. These laws help safeguard employees' rights and ensure that they are not
unfairly dismissed from their jobs. They also provide a legal framework for
resolving disputes between employers and employees, which promotes a healthy,
productive work environment.
Analysing laws relating to the
termination of employees in India
Termination of employees in India is
governed by various laws and regulations, including the Industrial Disputes Act
of 1947, the Shops and Establishments Act of 1961, and the Contract Labour
(Regulation and Abolition) Act of 1970. These laws protect employees against
wrongful termination, including the requirement for employers to provide
adequate notice or compensation to terminated employees. The laws prohibit
employers from terminating employees based on gender, age, caste, or religion
and provide protections for whistleblowers who report illegal activity in the
workplace. Recently, the Indian Government has introduced several amendments to
the labour laws to provide greater protection to employees, including the Code
on Wages, 2019, which seeks to simplify and standardise wage regulations across
all industries. Despite these laws and regulations, there are still instances
of illegal termination of employees by Indian companies and MNCsIn the light of
these laws, employees in India are provided with the right to seek redressal in
the event of wrongful termination, including the right to file a complaint with
the labour authorities or take legal action against the employer.
Rights of employees post-termination
of employment
1.
Right to compensation
A remedy also exists where a right
is granted through a law or contractual relationship. The employer should let
the employee serve the notice period. Otherwise, such employees should be
compensated with a salary of 15 days or equivalent to a notice period.
2.
Right to a severance payment
A severance payment is a payment
made by an employer to an employee who has been terminated.It is intended to
provide the employee with financial support during the transition period
between jobs. The right to severance payment is a right available to employees
in India post-termination. It includes payment of salary in lieu of notice, The
unpaid salary for days worked, encashment of unused paid leave, payment of
gratuity to an employee who has been employed for more than five years as
provided for in the Gratuity Act, 1972 and payment of bonus under Payment of
Bonus Act of 1965 (if applicable) including compensation as stated above.
However, It's important to note that
the right to severance payment is not absolute and may be subject to
limitations based on the employment contract or collective bargaining agreement
terms.
3.
Right to receive a notice for termination of employment.
The right to receive a notice for
termination of employment refers to an employee's entitlement to be informed in
advance by their employer about the termination of their employment contract.
This notice period allows the employee to prepare for the end of their
employment, seek new job opportunities, or make necessary arrangements. In
addition, he/she also has the right to receive the termination letter
specifying the termination date.
4. Right to be heard
In India, the right to be heard in
cases of illegal termination of employees is an essential aspect of labour law.
It ensures that an employee facing termination has the opportunity to present
their case and defend their rights before any decision is made.
5. Right to Sue By Reason Of Illegal
or Unlawful Termination
The right to sue by reason of
illegal or unlawful termination refers to an employee's right to take legal
action against their employer if they believe their termination from employment
was done in violation of laws, regulations, or contractual agreements. This
right allows employees to seek recourse and hold employers accountable for
wrongful termination, such as termination, based on the grounds explained above
in this blog.
6. Right to have an enquiry conducted
An employee has the right to inquire
in case of improper and unjust termination. The facts and circumstances should
be looked upon carefully and properly weighed to find the actual fault on the
part of the employee or if he has to be held responsible.
7. Employment rights protecting
pregnant women from unlawful termination
The Maternity Benefit Act 1961
provides for maternity leave of up to 26 weeks for women employees. It
prohibits a woman's employment termination during or on account of her absence
during such leave. The Act also provides other benefits, such as medical leave
and nursing breaks, and requires employers to offer pregnant women a safe and
healthy work environment. In India, it is illegal for an employer to terminate
a woman's employment on the grounds of pregnancy.
In
India, employees have civil and criminal remedies available against unlawful
termination. These remedies aim to provide legal recourse and appropriate
redress for the wrongful act of termination.
Legal remedies for employees
Civil remedies include:
1. Filing a Lawsuit: An employee can
file a civil lawsuit seeking remedies such as reinstatement to their position,
back wages, compensation for financial losses, damages for mental anguish, and
other relief as deemed appropriate by the court.
2. Approaching Labor Authorities:
Employees can file complaints with labour authorities such as the Labor
Commissioner or Labor Court or File a complaint with the labour authorities or
the Industrial Tribunal under the Industrial Disputes Act, 1947, depending on
the jurisdiction.
3. Seeking Arbitration or
Conciliation: If the employment contract includes an arbitration or
conciliation clause, the employee can initiate proceedings through these
alternative dispute resolution methods.
Criminal Remedies:
In some instances, if the
termination involves criminal offences such as fraud, forgery, or harassment,
the employee can file a police complaint. The police will investigate the
matter and, if appropriate, initiate criminal proceedings against the employer.
It further involves:
1. Filing a criminal complaint
against the employer for wrongful termination under Section 406 of the Indian
Penal Code (IPC) for criminal breach of trust.
2. Filing a complaint against the
employer for cheating under Section 420 of the IPC.
3. Filing a complaint against the
employer for defamation under Section 499 of the IPC.
Conclusion
Labour laws in India can be complex,
and seeking expert guidance can ensure the proper utilisation of the available
remedies to address unlawful termination effectively. Employees must consult
with legal professionals or labour law experts to understand the specific
remedies available in their situation and jurisdiction. Information given in
this blog is for knowledge purposes only and must not be considered a
substitution for legal advice in any scenario.
Disclaimer
This blog is written and published
for informational and awareness purposes only. If yourrightshave been infringed
and if you want to get specific advice about the remedies available to
you,connect with a lawyer or legal expert to address your concerns. This blog
must not be treatedas legal advice in any scenario.
*****
Acquiring a gun license in India is a complex process that requires individuals to navigate through various steps and requirements. Under the Arms Act of 1959, Indian citizens are allowed to own Non-Prohibited read more
Acquiring
a gun license in India is a complex process that requires individuals to
navigate through various steps and requirements. Under the Arms Act of 1959,
Indian citizens are allowed to own Non-Prohibited Bore (NPB) guns, and the
primary reason for obtaining a gun license is when there is a significant
threat to one's life. The process of procuring a gun license in explained
below:
1) Application:
Obtain a gun license application form from the district superintendent of
police or apply online.
2) Verification:
The police conduct address verification and check past criminal records.
3) Investigation:
The police investigate your behavior and nature by interacting with neighbors
and inquiring about any past conflicts or signs of aggression.
4) Interview:
The District Superintendent may interview you to assess any physical or mental
disabilities and inquire about the legitimate reason for needing a gun, such as
personal protection or defense against wild animals.
5) Review:
The interview report is sent to the crime branch and the national crime record
bureau for further review.
6) Approval:
If the authorities are satisfied with the information provided, they grant
approval for the gun license.
Required Documentation
for obtaining a Gun from the Factory:
1) A
valid license issued in English or Hindi, specifying the date and place of
issuance.
2) A
photocopy of the gun license.
3) Copies
of non-objection certificates from both the factory owner and the police
authorities.
4) A transport license from the factory location.
Waiting time to Procure
a Gun
The
average waiting time to obtain a gun in India is approximately two months, and
in some cases, it may take up to three months, depending on the manufacturing
system of the factory.
Renewal/ Selling of
Procured Gun
When
applying for renewal, the applicant is required to present the weapon along
with the gun license and all the previously attested documents obtained during
the initial license application process.
Selling
a licensed gun requires submitting an application with the original gun license
copy and informing the arms branch about the intention to sell.
Cancellation of Gun
License
A gun license can be canceled if an applicant conceals or fails to disclose necessary information, and it can also be suspended for a specified period if there are violations of the law or public safety concerns.
We
have tried to explain the process in this article; however, if you have any
further questions, please contact us at +91
9810929455 or via email at info@soolegal.com.
In India, renting a property is a common practice, whether it's for residential or commercial purposes. However, to ensure a smooth and legally binding arrangement between landlords and tenants, it is read more
In India, renting a property is a common practice, whether it's for residential or commercial purposes. However, to ensure a smooth and legally binding arrangement between landlords and tenants, it is essential to understand the concepts of rent agreements, leases, licenses and how to negotiate them. This article aims to provide a comprehensive guide to these aspects.
What are Rent/Lease
Agreements?
Rent/Lease Agreements:
A rent/Lease agreement is a legal document that outlines the terms and
conditions of the rental arrangement between a landlord and a tenant. It serves
as proof of the agreed-upon terms and helps prevent disputes. Lease has been
defined in Section 105 of the Transfer of Property Act, 1882 which states,
“A lease of immovable property is a
transfer of a right to enjoy such property, made for a certain time, express or
implied, or in perpetuity, in consideration of a price paid or promised, or of
money, a share of crops, service or any other thing of value, to be rendered
periodically or on specified occasions to the transferor by the transferee, who
accepts the transfer on such terms”.
Some
essential aspects of a lease include:
a. Duration: A lease agreement specifies a fixed
term, often 11 months or more, during which the tenant is entitled to occupy
the property.
b. Renewal and termination: The terms for renewal or
termination of the lease should be clearly stated, along with any penalties or
notice periods involved.
c. Rent escalation: Lease agreements often mention
provisions for rent escalation, specifying the percentage increase in rent
after a certain period.
d. Subletting: The agreement should clarify whether
subletting the property is allowed or not.
e. Maintenance responsibilities: The lease agreement
should outline the maintenance responsibilities of both parties.
f. Names and Addresses of both parties i.e.
Lessor/Landlord and Lessee/Tenant.
It is always advised
that prior to executing a tenancy, a properly drafted rent/lease agreement by a
legal professional must be agreed upon by both the parties in order to prevent
clarity on the tenancy terms and avoiding future disputes.
What are Licenses?
Licenses: A license refers to a permission or authority granted by one person
(licensor) to another person (licensee) to do something on the licensor's
property that would otherwise be considered a trespass. It is important to note
that a license does not create any interest in the property but only provides a
personal right to use or access it. Section 52 of the Indian Easements Act, 1882
states, "Where one person grants to
another, or to a definite number of other persons, a right to do, or continue
to do, in or upon the grantor's immovable property, something which would, in
the absence of such right, be unlawful, and such right does not amount to an
easement or an interest in the property, the right is called a license."
Key Features of a License:
Revocable:
A license is generally revocable at the will of the licensor unless it is
coupled with a grant or supported by a contract. This means that the licensor
can withdraw or revoke the license at any time without providing any specific
reason.
Personal
Right: A license does not confer any ownership or possessory rights on the
licensee. It is merely a personal right granted by the licensor, allowing the
licensee to use or access the property in a specified manner.
Limited
Scope: A license is usually granted for a specific purpose or activity and is
limited in its scope. The licensee cannot exceed the terms of the license or
use the property for purposes beyond what has been authorized.
Non-transferable: In most cases, a license is non-transferable, which means that the licensee cannot assign or transfer the license to another person without the licensor's consent.
Want to know the difference between lease/Rent Agreements and Leave & License Agreements? Click this link to know more.
Negotiating a Rent/Lease
Rent
or a lease agreement are vital documents when it comes to tenancy and must be
carefully negotiated, drafted and executed as they become the sole basis in
case of any dispute that may arise in the future. When negotiating rent or
lease terms, start by researching the rental market to understand average
rates. Determine your specific needs and make a reasonable initial offer,
highlighting your qualifications as a reliable tenant. Point out any property
features or issues that could be used as leverage. Consider negotiating additional
terms such as lease duration, renewal options, and maintenance
responsibilities. Be flexible and open to compromise, exploring alternatives if
the landlord is unwilling to adjust the rent. Seeking professional legal
assistance is needed to navigate the negotiation process effectively.
We have tried to cover every aspect
related to the above-mentioned topic, however in case we have missed something,
you can reach us at +91 9810729455
or mail us at info.sunlegalconfidential@gmail.com
In India, the timely payment of salaries is a fundamental right of every employee. However, there are instances where employers fail to meet their obligations and employees are left unpaid. In such situations, read more
In
India, the timely payment of salaries is a fundamental right of every employee.
However, there are instances where employers fail to meet their obligations and
employees are left unpaid. In such situations, it is crucial for employees to
be aware of their legal rights and the steps they can take to address the
issue.
The
timely payment of salaries can be indirectly linked to the fundamental right to
life and personal liberty under Article 21 of the Indian Constitution. Article
21 states that "No person shall be
deprived of his life or personal liberty except according to the procedure
established by law."
The
Hon’ble Supreme Court of India has interpreted the scope of Article 21
expansively to include various aspects that are essential for the well-being
and dignity of individuals. This includes the right to livelihood and fair
wages, which can be seen as integral to a person's right to life. Therefore,
the timely payment of salaries can be considered a fundamental right under
Article 21, as delayed or non-payment of wages can adversely impact an
employee's livelihood and well-being.
It
is important to note that while the timely payment of salaries can be connected
to the fundamental right under Article 21; there are specific laws in India,
such as the Payment of Wages Act, 1936 that provide more direct provisions
for ensuring timely payment of wages to employees. These laws establish the
rights and obligations of employers and employees regarding wage payments,
including the timeframes within which wages should be paid.
Following
are steps that employees can pursue when their employer does not pay their
salary in India.
1. Communicate with the
Employer:
The
first step is to communicate with your employer about the non-payment of your
salary. Maintain a written record of all communication, including emails,
letters, or any other evidence that demonstrates your attempts to resolve the
matter amicably. Request a meeting with your employer to discuss the issue and
seek clarification on the reasons behind the non-payment.
2. Consult a Lawyer:
If
the initial communication with the employer fails to produce the intended
result, it is vital to consult a lawyer for the matter. That is a vital step in
knowing your remedies available to you under the law and also you will be appraised
about how to pursue those remedies.
3. Issue a Legal Notice:
After
consulting a lawyer having relevant knowledge of the subject-matter, it is
advisable to send a legal notice. A legal notice is a formal communication that
puts the employer on notice about their failure to pay your salary. It serves
as a final opportunity for the employer to rectify the situation before further
legal action is initiated. The notice should clearly state the outstanding
salary amount, the period for which it is due, and the consequences if the
employer fails to comply.
4. Approach the Labor
Department:
If
the employer still does not address the non-payment issue after receiving the
legal notice, you can file a complaint with the labor department or the
appropriate authority in your state. The labor department is responsible for
enforcing labor laws and protecting the rights of employees. Provide them with
all relevant documents, such as employment contracts, salary slips, and copies
of the legal notice, to support your case.
5. File a Case in the
Concerned Court:
If
the matter remains unresolved, you can file a case in the labor court. Consult
an employment lawyer to guide you through the legal process. The lawyer will
assist in preparing the necessary documentation, including a statement of claim
detailing the facts and circumstances, supporting evidence, and relevant laws.
Attend the court hearings and present your case effectively to seek a favorable
judgment.
6. Recovery of Dues:
In
case the labor court rules in your favor, it may order the employer to pay your
outstanding salary along with any other dues, such as interest or compensation.
If the employer still refuses to comply with the court order, you can seek
enforcement by requesting the court to initiate recovery proceedings, which may
include seizing the employer's assets or bank accounts to recover the dues owed
to you.
7. Consult Additional
Legal Remedies:
If
the employer continues to disregard the court's order, you can explore further
legal remedies. This may include filing a criminal complaint under relevant
provisions of the Indian Penal Code, such as cheating, breach of trust, or
criminal misappropriation. Consult with your lawyer to determine the appropriate
course of action based on the circumstances.
Conclusion:
Non-payment
of salary is a serious violation of an employee's rights, and it is crucial to
take appropriate legal steps to address the issue. By following the outlined
steps, including effective communication, legal notices, approaching the labor
department, and filing a case in the labor court, employees can seek redressal
for unpaid salaries. It is essential to consult an experienced employment
lawyer to navigate the legal process effectively and ensure the protection of
your rights as an employee.
If you facing any issues related to
Non-payment of Salary, please contact us at +91 9810729455 or mail us at info.sunlegalconfidential@gmail.com
Private employees' rights in India are protected by several kinds of labour laws that aim to ensure fair treatment and provide basic benefits. Below are 8 important rights of private employees under Indian read more
Private
employees' rights in India are protected by several kinds of labour laws that
aim to ensure fair treatment and provide basic benefits. Below are 8 important
rights of private employees under Indian labour laws:
a)
Right
to Minimum Wages
The
Minimum Wages Act, 1948, guarantees that every private employee in India
receives a minimum wage. The minimum wage varies from state to state and is
determined by the state government. Employers must pay their employees at least
the minimum wage, and failure to do so can result in legal action.
b)
Right
to Overtime Pay
Private
employees who work beyond their regular work hours are entitled to overtime
pay. The Factories Act, 1948, and the Shops and Establishments Act of each
state regulate the payment of overtime. Private employees who work more than
nine hours a day or for more than 48 hours a week are eligible for overtime
pay, usually at a rate of twice his/her’s ordinary rate of wages.
c)
Right
to Safe Working Conditions
The
Factories Act, 1948, and the Shops and Establishments Act of each state require
employers to provide private employees with a safe working environment.
Employers must ensure that the workplace is free from hazards that may cause
injury or harm to employees. Employers must also provide protective gear and
equipment to employees who work in hazardous conditions.
d)
Right
to Leave and Holidays
Private
employees are entitled to several types of leaves, including annual leave, sick
leave, and maternity leave. The entitlement to leave and holidays is governed
by the Shops and Establishments Act of each state. Private employees are entitled
to at least 12 days of paid leave each year, and they can also take additional
leave for sickness or maternity reasons.
e)
Right
to Gratuity
The
Payment of Gratuity Act, 1972, regulates the payment of gratuity to private
employees in India. Employees who have worked for their employer for at least
five years are eligible for gratuity, which is a retirement benefit.
f)
Right
to Provident Fund
The
Employees' Provident Funds and Miscellaneous Provisions Act, 1952, mandates
that private employers provide their employees with a Provident Fund scheme.
Employers must contribute a certain percentage of their employees' salaries to
the Provident Fund, and employees can also contribute a portion of their salary
to the scheme. The Provident Fund is a retirement benefit that employees can
withdraw when they retire or in the event of certain emergencies.
g)
Right
to Medical Benefits
The
Employees' State Insurance Act, 1948, requires private employers to provide
their employees with medical benefits. The Act provides for a social security
scheme that covers medical benefits, disability benefits, and maternity
benefits for private employees. Employers must contribute a certain percentage
of their employees' salaries to the scheme, and employees are also required to
contribute a portion of their salary to the scheme.
h)
Right
to Equal Treatment
Private
employees in India are entitled to equal treatment and protection under the
law, regardless of their gender, race, caste, religion, or any other
characteristic. The Constitution of India guarantees equal treatment and
protection to all citizens, and various labour laws that govern private
employment also prohibit discrimination based on any characteristic.
Thus,
Indian labour laws provide private employees with several important rights and
benefits. These rights and benefits ensure that private employees are treated
fairly and have access to basic benefits such as minimum wages, overtime pay,
safe working conditions, leave and holidays, gratuity, Provident Fund, medical
benefits, and equal treatment. It is essential for employers to abide by these
laws and protect their employees' rights and interests.
FAQ'S ON RIGHTS OF PRIVATE EMPLOYEES UNDER THE INDIAN LABOUR
LAWS
1.
What is
the minimum wage in India for private employees?
The
minimum wage for private employees in India varies from state to state and is
determined by the state government. It is usually based on factors such as the
cost of living in the state, the type of work performed, and the skills
required. Private employers must pay their employees at least the minimum wage,
and failure to do so can result in legal action.
2.
Are
private employees entitled to overtime pay?
Yes,
private employees who work beyond their regular work hours are entitled to
overtime pay. The Factories Act, 1948, and the Shops and Establishments Act of
each state regulate the payment of overtime. Private employees who work more
than nine hours a day or for more than 48 hours a week are eligible for
overtime pay, usually at a rate of twice his/her’s ordinary rate of wages.
3.
What
types of leaves are private employees entitled to?
Private
employees in India are entitled to several types of leaves, including annual
leave, sick leave, and maternity leave. The entitlement to leave and holidays
is governed by the Shops and Establishments Act of each state. Private
employees are entitled to at least 12 days of paid leave each year, and they
can also take additional leave for sickness or maternity reasons.
4.
What is gratuity, and who is eligible for it?
Gratuity
is a retirement benefit that is paid to employees who have worked for their
employer for at least five years. The Payment of Gratuity Act, 1972, regulates
the payment of gratuity to private employees in India. The amount of gratuity
an employee is entitled to receive is based on their last drawn salary and the
number of years they have worked for their employer.
5.
What is
the Provident Fund, and who is eligible for it?
The
Provident Fund is a retirement benefit that is mandated by the Employees'
Provident Funds and Miscellaneous Provisions Act, 1952. Private employers in
India must provide their employees with a Provident Fund scheme, and both
employers and employees must contribute to the scheme. The Provident Fund is a
retirement benefit that employees can withdraw when they retire or in the event
of certain emergencies.
6.
What types of medical benefits are private
employees entitled to?
The
Employees' State Insurance Act, 1948, requires private employers to provide
their employees with medical benefits. The Act provides for a social security
scheme that covers medical benefits, disability benefits, and maternity
benefits for private employees. Employers must contribute a certain percentage
of their employees' salaries to the scheme, and employees are also required to
contribute a portion of their salary to the scheme.
7.
Can
private employees file complaints against their employer for violation of their
rights?
Yes, private employees in India can file complaints against their employer for violation of their rights. The complaints can be filed with the Labour Commissioner or the appropriate labour court, depending on the nature of the complaint. Private employees are protected by various labour laws in India, and employers who violate these laws can face legal action.
We
have tried to address as many questions as possible; however, if you have any
further questions, please contact us at +91
9810929455 or via email at info@soolegal.com.
In my articles below I have explained what true justice should be, totally detached from considerations of personal interest or personal notions.https://writerscafeteria.com/guest-blogging/a-judge-should-be-totally-detached/https://www.siasat.com/qazi-sirajuddin-my-ideal-judge-markandey-katju-1888812/I read more
One of the functions of a Judge is to protect the poor and weak against the rich and powerful.In earlier times the King would often dispense justice himself e.g. Mughal Emperor Jahangir who installed read more
New Online Gaming Laws in India – Banned Games Introduction The gaming industry has seen a massive surge in popularity over the past few years and has witnessed exponential growth, with millions read more
New Online Gaming Laws in India – Banned Games
Introduction
The gaming industry has seen a
massive surge in popularity over the past few years and has witnessed
exponential growth, with millions of players indulging in various forms of
gaming. The rise of esports and professional gaming in India has gained
propulsion with organised competitions, leagues, and tournaments. Online gaming
is attracting a diverse audience with the proliferation of smartphones and
internet access. Furthermore, many Indian gamers are attaining international
recognition and earning substantial incomes by opting for gaming as a viable
career option, following their interest and passion. However, gaming in India
also faces challenges such as regulatory issues, concerns about addiction and
health, and associated social stigmas. Despite these challenges, gaming
continues to thrive in India, providing millions of individuals with a platform
for creative expression, social interaction, and economic opportunities. This
blog attempts to understand the prevailing laws concerning e-gaming and analyze the new gaming laws and rules
established in India under the auspice of its concerned authorities.
Prevailinggaming laws in India that apply to gaming platforms.
Online gaming laws in India are
governed by a combination of federal and state laws, including the Public
Gambling Act of 1867, the Information Technology Act of 2000, and
state-specific gambling and betting regulations. These laws prohibit or
restrict certain forms of online gambling while allowing for skill-based games
and fantasy sports, subject to certain conditions. Moreover, online gaming
platforms may also be subject to Foreign Exchange Management Act (FEMA)
regulations for foreign currency transactions and Goods and Services Tax (GST)
for taxable services. It is essential for online gaming platforms operating in
India to comply with these laws, if applicable, to avoid legal and financial
risks. As betting and gambling are prohibited in India, there is usually a thin
line between them and certain e-games. Therefore, non-compliance may lead to
legal risks.The Supreme Court in the case of RMD Chamarbaugwala v Union of
India AIR 1957 SC 628 observed that in games where a substantial degree of
skills is involved, the game cannot be categorized as gambling. In addition,
Information Technology (Intermediary Guidelines and Digital Media Ethics Code)
Rules, 2021, was introduced under the Information Technology Act 2000,
regulating online content, including online gaming platforms. It mandates that
online gaming platforms must follow specific due diligence requirements, such
as age verification of users, content moderation, and complaint redressal
mechanisms. Recently, On April 6, 2023, India introduced a new legal regime for
operators of online games by introducing amendments to these rules, which are
elaborated hereunder:
New Online Gaming Laws ConcerningGaming Intermediaries' Regulations
The Ministry of Electronics and
Information Technology (“MEITY”) put forward a novel co-regulatory regime for
online gaming intermediaries (“OGI”) through proposed amendments to the
Information Technology (Intermediary Guidelines and Digital Media Ethics Code)
Rules, 2021 (“Intermediary Rules”). These amendments are to be referred to as
‘gaming amendments’.
New rules came after the draft
regulations that were issued in January 2023. These rules aim to enforce
greater due diligence to be undertaken by online gaming platforms and social
media intermediaries concerning online games as well as misleading information.
Key features of these new rules are mentioned as follows:
1. Definition of ‘online game’ and
‘online gaming intermediary’: The new rules define an ‘online game’ as “a game that is
offered or available on the internet and is accessible to a user through an
intermediary or any computer resources. An “online gaming intermediary” means
an intermediary that offers one or more than one online game (on the
internet)”.
2. Appointment of Self-regulatory
organisations (SROs):In cognisance of the new rules, the government will appoint
multiple self-regulatory organisations. The self-regulatory body that has been
designed and built into the rules will be responsible for determining and
certifying what is the permitted online gaming intermediary on the web. It will
comprise industry representatives, educationists and other experts in their
fields, such as child, IT, medicines and psychology experts.
3. Functions and responsibilities of
these SROs:
SROs will be duly responsible for declaring the permissibility of the online
games. It will be on whether the game involves wagers and will act as
scrutinising online real money games, stating that it shall not include
wagering on any outcome.
4. Due diligence / KYC verification of
online gamers:
The IT ministry mandated KYC verification of online gamers on games involving
real money. Therefore, online gaming companies must perform additional due
diligence, such as user KYC, transparent withdrawal and refund processes, and a
fair distribution of winnings.
For KYC,
they will be required to follow the norms laid down for entities regulated by
the Reserve Bank of India (RBI).
5. Content regulation / Facts checking
of online games:
Under these rules, MEITY will notify subordinate agencies to fact-check online
gaming platforms regarding their content and authenticity and whether it
contains any false, harmful or misleading information.
6. Random Number Generation Certificate: In the new rules, gaming companies
will need to obtain a Random Number Generation Certificate, commonly used by
websites hosting card games, to guarantee that the game outcomes are
statistically random and unpredictable. Further, they must obtain a “no bot
certificate” from a reputable certification organisation.
7. Banned games: New sets of amended rules will
pass the permissibility of online games on a simple principle, whether it
involves betting or wagering by any means. All other kinds of games will be
permissible.
Conclusion
India's gaming industry has
witnessed tremendous growth in recent years, driven by a combination of
factors, including increasing disposable income, technological advancements,
and changing lifestyles. The precise definition of real money and permissible
games will help this industry's development legitimately by parallelly driving
new career and economic opportunities. The announcement of new rules by the
Ministry of Electronics and Information Technology for online real money games
represents the government's best regulatory framework that ensures all
necessary measures of safeguarding for users and the online audience at large.
Further, referring to the case of State ofAndhra Pradesh vs K. Satyanarayana
1968 AIR 825held that the game of rummy is a game of skill as it requires a
person to memorize the fall of cards. However, in its judgment, the Court
indicated that if gambling or the gambling house is making a profit from the
game of rummy, it could amount to an offence. The Hon’ble Supreme Court further
observed that the three-card game, which goes under different names such as
flush, brag, etc., is a game of pure chance.
*****
Disclaimer
This blog is written and published for informational and awareness purposes only. If your rights have been infringed and you want to get specific advice about the remedies available to you, connect with a lawyer or legal expert to address your concerns. This blog must not be treated as legal advice in any scenario.
Married Woman – Matrimonial Home – Domestic Violence – Maintenance This blog attempts to surface the rights of a married woman with respect to her matrimonial home.It also lists several cases where read more
Married
Woman – Matrimonial Home – Domestic Violence – Maintenance
This blog
attempts to surface the rights of a married woman with respect to her
matrimonial home.It also lists several cases where married women may find
themselves aggrieved due to their matrimonial rights being violated. This blog
gives an understanding of the various remedies available to women in such
cases.
What is a
matrimonial home?
A
matrimonial home is a shared residence where both husband and married woman can
reside or cohabitate. Section 2(s) of the Protection of Women From Domestic
Violence Act, 2005 (hereafter referred to as the “DV Act”) defines a shared
household as a “household where the
person aggrieved lives or at any stage has lived in a domestic relationship
either singly or along with the respondent and includes such a household
whether owned or tenanted either jointly by the aggrieved person and the
respondent, or owned or tenanted by either of them in respect of which either
the aggrieved person or the respondent or both jointly or singly have any
right, title, interest or equity and includes such a household which may belong
to the joint family of which the respondent is a member, irrespective of
whether the respondent or the aggrieved person has any right, title or interest
in the shared household”
A
matrimonial home can either be set up by the husband and married woman mutually
or could have already existed and been accepted by the husband and married
woman as a matrimonial home upon their marriage.
A married
woman has various rights which arise due to her marriage with her spouse. These
rights include various rights pertaining to her matrimonial home as well. Below
are a few rights that a married woman has:
1.
The Right
to Reside: A married woman has a legal right to reside in her
matrimonial home upon her marriage. She cannot be made or forced, either
physically or mentally, to leave such a home unless there is a legal obligation
to do so, such as the termination of a marital relationship.
2.
The Right
to Maintenance: Every married woman has a right to seek maintenance of her
lifestyle from her husband if she is unable to provide for herself. If a
married woman is forced to leave her matrimonial home, she has the right to
claim maintenance for a separate residence and the cost of her residence. In
cases where her husband cannot provide maintenance, the married woman has a
right to claim maintenance from her in-laws, as part of her rights on the
matrimonial home.
3.
The Right
to Life and Privacy: A married woman has every right to maintain her privacy and
life without any interruption from her in-laws. Such interruption includes any
physical or mental harassment or abuse, including any form of domestic
violence.
4.
The Right
to Property: With respect to the personal laws (if applicable), or as
per any other law applicable, the married woman has a right to claim a share in
the matrimonial property, which includes a right to reside in the matrimonial
house irrespective of whether it is owned by her husband or by her in-laws.
5.
The Right
to Seek Remedies: This is a constitutional as well as statutory right. Every
married woman, who has been removed from her matrimonial home, has a right to
seek remedies through appropriate forums, as applicable by law.
Situations under which women find themselves
1.
Dowry
Cases: Any demand for dowry is strictly prohibited under the Dowry
Prohibition Act, 1961. As per Section 3 of the Act, any giving or taking of
dowry can lead up to a minimum penalty of 5 years. If such a demand results in
the death of the woman, then the offenders may also be punished under Section
304B of the Indian Penal Code for the offense of dowry death. Therefore, any
form of transaction that involves an element of dowry is prohibited. If a woman
is removed out of her matrimonial home due to her inability to meet the dowry
demand of her husband or in-laws, she has a right to seek remedies against such
removal.
2.
Domestic
Violence Cases: As per Section 3 of the DV Act, “any act, omission or commission or conduct of the respondent shall
constitute domestic violence in case it—(a) harms or injures or endangers the
health, safety, life, limb or well-being, whether mental or physical, of the
aggrieved person or tends to do so and includes causing physical abuse, sexual
abuse, verbal and emotional abuse, and economic abuse; or (b) harasses, harms,
injures or endangers the aggrieved person with a view to coerce her or any
other person related to her to meet any unlawful demand for any dowry or other
property or valuable security; or (c) has the effect of threatening the
aggrieved person or any person related to her by any conduct mentioned in
clause (a) or clause (b); or (d) otherwise injures or causes harm, whether
physical or mental, to the aggrieved person.”
If
a woman is aggrieved in any of the above-mentioned categories, she can be
regarded as a victim of domestic violence. If upon such violence, she is
removed from her matrimonial home, she can claim a right to her matrimonial
home and seek remedies.
3.
Physical
and Mental Cruelty: Physical and mental cruelty isa ground for divorce. If a
woman is inflicted with physical or mental cruelty by her husband or in-laws,
then she can seek remedies against the same. Moreover, removal from the
matrimonial home amounts to physical as well as mental cruelty. In the case of NG
Dastane v. S. Dastane (AIR 1975 SC 1534), it was
observed by the Court that “The inquiry,
therefore, has to be whether the conduct charges as cruelty is of such a
character as to cause in the mind of the petitioner a reasonable apprehension
that it will be harmful or injurious for him to live with the respondent. It is
not necessary, as under the English law, that the cruelty must be of such a
character as to cause 'danger' to life, limb, or health or as to give rise to a
reasonable apprehension of such a danger. Clearly danger to life, limb or
health or a reasonable apprehension of it is a higher requirement than a
reasonable apprehension that it is harmful or injurious for one spouse to live
with the other.” An act of cruelty by the husband or in-laws is punishable
under Section 498A of the Indian Penal Code.
4.
Desertion: If upon removal of the married woman
from the matrimonial house, a period of two years has passed, then the woman
may seek remedies against the husband on the grounds of desertion. Desertion
must happen for a deliberate and unjustifiable cause, without the consent of
the deserted spouse with an intent to end the marital relationship.
Remedies
available
1.
Restitution
of Conjugal Rights: Where the Hindu Marriage Act, 1955 is applicable, a
petition of restitution of conjugal rights may be filed by the married woman
under section 9 of the Act in order to claim her conjugal rights, which include
the right to cohabitate or reside together.
2.
Dissolution
of Marriage/Divorce: Upon removal from the matrimonial home, the married woman
can seek dissolution of marriage or divorce from the husband on the grounds of
physical or mental cruelty inflicted upon her by the actions of her husband.
3.
Criminal
Proceedings: If a married woman has been removed from her matrimonial
home or forced to leave as a result of dowry demand, domestic violence, or any
kind of physical or mental cruelty, she may initiate criminal proceedings
against the husband and/or her in-laws under the DV Act, 2005, Dowry
Prohibition Act, or Section 498A of the Indian Penal Code.
Conclusion
A married
woman has several rights which includes the right to reside in her matrimonial
home along with her spouse. A woman who is aggrieved of removal from
matrimonial home can therefore, resort to various remedies which include initiating
civil as well as criminal proceedings. These may include proceedings for
restitution of conjugal rights, divorce, or criminal proceedings against dowry
demand, cruelty, or domestic violence.
*****
Disclaimer
This blog
is written and published for informational and awareness purposes only. If your
matrimonial rights have been infringed and you want to get specific advice
about the remedies available to you, connect with a lawyer or legal expert to
address your concerns. This blog must not be treated as legal advice in any
scenario.
Pakistan's Supreme Court delivered a strong verdict on 4th April that in view of Article 224(2) of Pakistan's Constitution elections to a Provincial Assembly must be held within 90 days of its dissolution, read more

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"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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