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Discharging and Quashing in Criminal CasesIn criminal cases, it is crucial to consider all available options for the accused, particularly whether to file a petition for Discharge or go before the High read more
Discharging
and Quashing in Criminal Cases
In criminal cases, it is crucial to
consider all available options for the accused, particularly whether to file a
petition for Discharge or go before the High Court in a quashing petition. The
question of whether the accused should apply for Discharge under Section 227 or
Section 239 under the Code of Criminal Procedure, 1973 (Cr.P.C.) to the trial
court or apply to the High Court under Section 482 of the Cr.P.C. to have the
summoning orders quashed, provided they believe their case has some merit for
such relief.
What
is Discharge?
The remedy provided to the falsely accused
individual under the Criminal Procedure Code of 1973 is known as a Discharge
Application. This Code contains the guidelines for submitting a discharge
application if the accusations brought against him are untrue. He is entitled
to be dismissed if the evidence presented to the court is insufficient to
establish the offence and there is no prima facie evidence against him.
Essential
elements of Discharge
The following essential components must be
present for the Court to assess the Charge sheet and Police Report that were
provided to it by the police, in accordance with Section 173:
·
If
he sees proper, the Magistrate may question the Accused.
·
Following
that, the prosecution and the accused parties' arguments and their stories
would be heard.
·
Grounds
against the accused should be without merit if no supporting documentation
exists. The Court must also be certain that the accused is not the subject of a
valid first charge.
The accused is discharged if the
aforementioned requirements are met.
When
an accused can be discharged in different kinds of cases
·
Discharge
of accused in warrant cases based on a police report
The final charge sheet under Section 173
of the Code is often filed by the police when their investigation is complete. The court in question then starts the
accused's trial. However, Sections 239 and 227 of Cr.P.C. have procedures that
allow an accused individual to be released before charges are filed against him.
These rules, however, may only be invoked by the Accused in warrant cases.
·
Discharge
of accused in warrant cases instituted on a police report before Magistrate
The final charge sheet against the accused
is typically filed by the police when their investigation is complete. After
then, the court in question presents the accused with the allegations that have
been brought against him. The Cr.P.C., however, provides a procedure that
allows the accused to be freed before formal accusations are brought against
him.
Suppose the Magistrate determines that the
charge against the accused is without merit after carefully reviewing the
police reports. In that case, all the documents submitted pursuant to Section
173, the examinations of the accused, if any. After hearing the prosecution and
accused, he shall discharge the accused and note his justifications.
·
Discharge of accused in Sessions Trial
According to Section 227 of the Code, if
the Judge determines that there are insufficient grounds to proceed against the
accused, after hearing the prosecution's and accused's arguments and taking
into account the case file and any documents submitted with it, he shall
discharge the accused and note the specifics of his decision. An accused
person's Discharge cannot be issued before taking into account the accusations
in the chargesheet and the pertinent legal precedent.
Important
Case law
The Hon'ble Supreme Court ruled in Smt.
Rumi Dhar v. State of West Bengal &Anr. (2009) 6 SCC 364 that the learned
Judge should examine the specific charges levelled against each accused
individual when evaluating an application for Discharge made in accordance with
Section 239 of the Code to determine whether or not a case has been made out at
all.
What
is Quashing?
It is determined that Section 482 Cr.P.C. is within the ambit of the High Court's inherent
powers and is relatively unusual in criminal law. It appears to be the most
potent instrument given to the High Court under the Indian Constitution's
procedural provisions. It indicates that the High Courts of a specific state
are the only ones who may employ this stipulated clause, and the Superior
authorities may never revoke the High Courts' inherent power.However, only the
courts have the right to use these authorities to provide complete and
acceptable justice to the parties in front of them and to prevent misuse of the
legal system. In accordance with section 482 CrPC of the new Code, this is done
with an inherent capacity to uphold justice, right wrongs, and prevent abuse of
the legal system. It is important to note that the high court's inherent powers
should only be employed in limited circumstances.The Code of Criminal Procedure
(Amendment) Act of 1923 added this section because it was determined that the
high courts were unable to provide complete justice when it was determined that
the given case demonstrated ex-facie or occasionally prima facie illegality that
was frequently observable and obvious.
Essential
elements of Quashing
However, it is argued here that this
provision includes three scenarios in which such inherent jurisdictional rights
may be used. These are as follows:
·
To
avoid misuse of the court's procedures.
·
To
fulfil the purposes of justice.
·
To
put into effect a Cr.P.C. order.
The following points can be used to conclude
what is coherent with the goals of 482 Cr.PC: The inherent authority of the
High Court is the most potent tool under Section 482 of the Code of Criminal
Procedure, and it undoubtedly acts in a particular manner in criminal law. This
process is primarily employed to purge the realm of criminal proceedings of all
corrupting and malevolent influences.
Important
Case Law
In Som Mittal v. Govt. of Karnataka, the
Supreme Court ruled that the authority granted by Section 482 Cr.P.C. must only
be used in the rarest of circumstances. The use of inherent power, as described
in Section 482 of the Code of Criminal Procedure, is an exception rather than
the rule. The exception is only used when it is brought to the Court's
attention that a serious injustice would have been done if the trial had
continued and the accused would have been subjected to needless harassment. At
first glance, it would seem to the Court that the trial
would likely result in an acquittal.
*****
Analyzing legal and security issues in cyber contracts(E - contracts) The world of the internet has provided convenience in almost all aspects of life. It has seemingly worked in connecting people read more
Analyzing legal and security issues in cyber
contracts
(E - contracts)
The world of the internet has provided
convenience in almost all aspects of life. It has seemingly worked in
connecting people all around the globe. As a result, people are more comfortable,
and everything is just a click away. The very radiant impact of this reflects
in the corporate world through the boost of e-commerce across the board. Businesses
and legal or formal paperwork have robotized with the help of technological
advancement and electronic mediums. Traditional contracts and agreements by pen
and paper are getting replaced by online contracts or e-contracts. Hence, we
can enunciate that e-contracts are nothing but the digitized version of
traditional contracts.
However, essential elements
of a contract are not different as e-contracts are also governed under the
Indian Contract Act, 1872, along with the provisions followed under Information
Technology Act, 2000, Indian Evidence Act, 1872, Payment and Settlement Act,
2007 and Electronic Commerce Act, 1998. As cyber contracts are also governed by
the Indian Contract Act, 1872, the essential elements of a valid e-contract are
similar to a traditional contract. In addition, Clickwrap agreements,
Browsewrap agreements and Shrinkwrap agreements are three general kinds of e-contracts.
These
are the essential ingredients of an e-contract:-
The legal and regulatory
framework in India for the validity of cyber contracts
The provisions laid down
under the Act do not limit electronic contracts or agreements unless they
violate the general principles of a valid and legitimate contract enforceable
under the law. Under Section 2 (b) of the Act, acceptanceof the valid offer and
other essentials are considered valid criteria for forming the contract.
Linking to the E-Contract is a form of acceptance when we agree by clicking on
"I agree" to all the supplier's/ originator's terms and conditions.
In congruence with this section
defined by the Indian Evidence Act of 1872, the judicial systems in India
acknowledge electronic documents with the effect of special provisions as
evidence relating to the contents of electronic records. However, it is also
pertinent to section 65-B of the Act and the conditions prescribed therein,
fulfilling its admissibility in the court.
By section 10A of the Act,
if the contract formation meets all the requisites as per the provisions of the
law, then it shall not be deemed unenforceable solely on the ground of its
medium. Furthermore, In e-contracts, digital signatures will be required to
authenticate communication between the parties, defined under Section 2 (p) of
the Information Technology Act, 2000.
The Indian legislative system brought the Act to
oversee the challenges related to cyber contracts. The Act comprises 15
divisions and lays down essential rules and requirements for genuine
e-contracts.
Legal
and security issues faced by E Contracts
Judicial issues:
Choice
of the applicable law
It gets slightly tricky to determine which
law will govern the dispute in case of cyber contracts in the absence of the
choice of the law by the parties to an agreement, i.e. originator and
addressee. Consequently, several civil laws may be affected in deciding relevant
substantive laws in cross-border commercial transactions.
Choice
of the court of jurisdiction
Since transactions like cyber contracts are
paperless, it becomes relatively difficult to determine the court's jurisdiction
in case of a breach or violation of the contract or any terms thereof. However,
as per Section 13 (3) of the IT Act, the electronic record is deemed to be
dispatched at the business place of the originator, whereas, for the addressee,
it is considered to be at the business place where he has received the same.
Subsequently, the issue may emerge where the location of the computer source is
dissimilar from the principal place of the enterprise or a communicator. Also,
when the parties are engaging in e-contract terms from different borders of the
world.
Competency
and free consent
Section 10 of the Indian
Contract Act primarily governs contracts that include e-contracts in India.
Consequently, Section 10, 11, and 12 of the Act mandates free consent and competence
of the parties to enter a contract which are essential ingredients for a valid
contract formation under the law. Since this also applies to cyber contracts, a
situation may arise where an incompetent person be it minor or any other, may
accidentally or fraudulently get access or either by clicking on ' I agree' to
the terms of the contract.
Security Issues:
Security
and privacy threat
More often than not, security and privacy
issues majorly affect online transactions, irrespective of whether they are
commercial or on the applications or a shopping website with buyer and seller
agreements. Internet malpractices such as hacking, phishing, and email
satirizing are some prominent drawbacks in web-based transactions and
contracts.
Signature
authentication
The binding parties don't have to sign a
contract, as the Indian Contract Act, 1872 recognizes both, i.e. oral and
written agreements. However, a digital signature represents the party's
intention or consent to enter a contract, which may be subject to suspicion due
to cyber fraud in the virtual world.
Loss
due to technical error
Loss due to technical error is one of the
most prevalent issues affecting transactions and contracts in the virtual
environment.
Data
forgery and Identity theft
Section 66, read with Section
43 of the Information Technology Act, 2000 explicitly deals with onlinefraud.
Nonetheless, it also incorporates identity theft, which includes imitating the
buyer, a person, or an enterprise and dealing in unlawful activities that may
involve criminal intent.
Court precedent in India on the online
contracts
Trimex International Fze Limited v. Vedanta
Aluminium Limited
The offer and acceptance were transmitted by
email without signature documents in the given case. The issue pertained to the
question of whether the contract is held to be valid in the absence of the formal
subsistingagreement. The Hon'ble Supreme Court in the given case pronounced its
judgment as once a contract is reached within the electronic system of the
parties, it fulfils all the essentials of the said contract under the
provisions of the laws to which it is subjected, the mere notion that a formal
agreement must be needed has no bearing on its validation.
Above are some of the legal
and technical issues whiche-contracts face in India and globally. However,
these legal and technical limitations can be curbed with the implication of the
substantial yet specific laws for the contracts and transactions happening
digitally. Nevertheless, with innovations and inventions in technological
trends, the growth of the digital wave is quite evident in the world of
business, and independent e-contract governance can transform it into a success
with better control over the issues.
Conclusion
The world has moved on and
adapted various approaches to tackle the problems associated with business
trades. With e-contracts coming into the picture, an arrangement can be made
between two parties residing in different corners of the world from their place
of business. The e-contract mechanism has reduced the parties' physical
presence while signing the agreements but has also increased the fear of
falling into online fraud. Many people have gained through this new mechanism
but still, a handful of people have been left behind, fearing they might get
into trouble. Appropriate safeguards are required to protect the parties' interests by legal justification and clarity of
jurisdiction if a party breaches the terms of the e-contract. Depending upon
the trade, the traditional way of agreement might vanish in the coming days,
and the new e-contract will replace it.
*****
Section 143A of Negotiable Instruments Act: Power of the Court to Direct Interim CompensationThe Negotiable Instruments Act, 1881 can be defined as 'an Act to define and amend the law relating to promissory read more
Section 143A of Negotiable Instruments
Act: Power of the Court to Direct Interim Compensation
The Negotiable Instruments Act, 1881
can be defined as 'an Act to define and amend the law relating to promissory
notes, bill of exchange and cheques.' The Negotiable Instruments (Amendment)
Bill was presented before the Lok Sabha by the Finance Minister on January 2,
2018. It received the assent of the President and was notified in the Official
Gazette on 2nd August, 2018 to become an Act called the Negotiable
Instruments (Amendment) Act, 2018 (No. 20 of 2018).
The Negotiable Instruments
(Amendment) Act, 2018 introduces a new provision, Section 143A, to the Act of
1881. Section 143A of the Act provides -
"Notwithstanding anything
contained in the Code of Criminal Procedure, 1973, the Court trying an offence
under section 138 may order the drawer of the cheque to pay interim
compensation to the complainant -
a)
in
a summary trial or a summons case, where he pleads not guilty to the accusation
made in the complaint; and
b)
in
any other case, upon framing of charge."
The amount of the interim
compensation cannot exceed 20% of the value of the dishonored cheque.
The interim compensation described
above must be paid within 60 days of the order requiring it
or within such period not exceeding thirty days as maybe directed by the Court. Any compensation received can be
deducted from the fine imposed by the Magistrate on the drawer's conviction
under Section 138 of the Act, or from any compensation ordered to be paid under
Section 357 of the Code of Criminal Procedure of 1973. Section 138 of the Act
provides for imprisonment of up to two years or a fine extending to twice the
amount of the dishonored cheque, or both.
Two new
Sections i.e., 143A and 148 have been proposed to be inserted under the
Negotiable Instruments Act, 1881 via the Amendment Act:
1. Section
143A- It empowers the Court to order the drawer of the cheque to pay
Interim Compensation to the complainant:
i.
In case of a summary trial or a summons case,
where the drawer pleads not guilty to the allegations made in the complaint,
and
ii.
In any
other case, upon framing of the charges.
Quantum of
Compensation -
The compensation amount shall not exceed 20% of the amount of the Cheque.
On
Acquittal - In
case where the drawer is acquitted then the payee may be directed to refund the
entire amount of interim compensation along with the RBI's Prevailing interest
rate, to the drawer.
Time Frame - The interim compensation
shall be paid within 60 days from the date of the order by the court which may
be further extended by an additional period of 30 days, subject to the
sufficient reasons being shown.
2. Section
148 – It empowers the Appellate Court to order payment pending the
appeal against conviction under Section 138 of the Negotiable Instruments Act.
The Appellate
Court may order the appellant to deposit an amount which shall be a minimum of
20% of the fine or compensation awarded by the trial Court.
This amount
shall be in addition to the amount already paid by the appellant under Section
143A.
This deposit
may be released by an order for payment to the complainant at anytime during
the pendency of the appeal.
On
Acquittal - In
case of the appellant being acquitted, the court shall direct the complainant
to refund the entire deposit amount along with the RBI's prevailing interest
rate to the appellant.
Time Frame - The deposit amount shall be
paid within 60 days from the date of the order by the court which may be
further extended by an additional period of 30 days, subject to the sufficient
reasons being shown.
The interim compensation can be
recovered using the procedures outlined in Section 421 of the Criminal
Procedure Code, which allow for the attachment and sale of the drawer's movable
property or the issuance of a warrant to the Collector to recover the
compensation from the drawer's movable or immovable property as if it were
unpaid land revenue.
If the drawer of the cheque is found not guilty, the court will
order the complainant to pay back the interim compensation to the drawer, along
with interest at the bank rate published by the Reserve Bank of India in the
beginning of the relevant financial year within 60 days from the date of
such order.
Landmark Judgments:
The Hon'ble Supreme Court in the case
of G.J. Raja vs. Tejraj
Surana,
SLP (Criminal) No. 3342 of 2019 ruled that Section 143A of the Negotiable Instruments Act
will not be applied retrospectively. "The provisions of said section 143A
can be applied or invoked only in cases where the offence under section 138 of
NI Act was committed after the introduction of said section 143A." the
court observed. Therefore, this provision is not applicable when the court has
taken cognizance of the offense before the amendment came into effect. Section
143A is only applicable when the court has taken cognizance of the offense
after the amendment.
The Supreme Court ruled in the case
of Noor Mohammed v.
Khurram Pasha, Special Leave Petition(Criminal)No. 2872 of 2022, that an accused person who fails to
pay the interim compensation required by Section 143A of the Negotiable
Instruments Act cannot be denied the right to cross-examine witnesses on behalf
of the complainant. The Court agreed with the arguments made by the appellant
and concluded that Section 143A does not indicate that an accused person who
fails to pay interim compensation should be subjected to any other limitations,
including the loss of the right to cross-examine the complainant's witnesses.
"Any such order foreclosing the right would not be within the powers
conferred upon the court and would, as a matter of fact, go well beyond the
permissible exercise of power," the Court observed.
The Delhi High Court ruled in the
case of M/S JSB Cargo and
Freight Forwarder Pvt Ltd v State and Anr, CRL.M.C.2663/2021, that Section 143A of the Negotiable
Instruments Act of 1881 is a directory provision rather than a mandatory one.
The court also noted that the use of the word "may'' in Section 143-A(1)
of the Act conveys that the granting of interim compensation is not mandatory
and a discretion was conferred upon the Court, to either grant or not to grant interim
compensation. Additionally, the Court has to record reasons for determining the
quantum of interim compensation, if it decides to award it, which can be up to
20% of the cheque amount based on the facts and circumstances of the case.
The Karnataka High Court has said
that it is not mandatory for Magistrate Courts to pass orders directing interim
compensation under Section 143A of the Negotiable Instruments (NI) Act, if the
accused does not plead guilty. A single judge bench of Justice M Nagaprasanna
said.
In another case, the
Karnataka High Court’s Dharwad Bench quashed the orders of a
trial court to attach and auction properties of a Koppal businesswoman for
recovering interim compensation of Rs 40 Lakh from her in a Rs 2-crore
cheque-bounce case.
References:
https://www.mondaq.com/india/financial-services/734716/new-cheque-bounce-provisions-143a-148
*****
A career in translation allows you to translate a wide range of content across a variety of topics. Legal translation involves translating legal documents to another language such as contracts, depositions, read more
A career in translation allows you to translate a wide
range of content across a variety of topics. Legal translation involves
translating legal documents to another language such as contracts, depositions,
and court documents. However, unlike general translation, legal translation
entails unique skills that can impact translation. In this article, we’ll cover
five important skills to consider to become a legal translator.
Becoming a legal document translator requires a deep understanding of multiple
languages and a high level of language fluency. Translators need to understand
the nuances of different cultures, their distinct dialects, and how their
language changes in different contexts.
It’s important to have a native-level
proficiency in both the source language and the target language you’re
translating into. This will help ensure that you don’t miss important details
or make any mistakes in your translations. You should also be familiar with all
the technical terms associated with the legal field and possess the ability to
accurately render them into the target language.
Legal documents are complex and the language can be tricky to navigate, so having prior
translation experience is highly recommended. When it comes to translation, you
should be familiar with the legal terminology that is used, and have a solid
understanding of the differences between the two languages.
As a legal document translator,
you’ll be working with documents from different countries and cultures. This
means that you need to have an understanding of the local customs, values, and
traditions to properly translate the legal documents.
Having a strong understanding of
different cultures is also essential for understanding the context of the legal
document. For example, if the document references something specific to the
culture, such as a particular holiday or cultural event, you will need to know
enough about that culture to accurately translate that reference.
If you want to become a successful
legal document translator, it is essential that you have an in-depth knowledge of
the legal system of both languages you are working with. You should be able to
understand the different types of documents and be aware of any legal
terminology that is specific to either language. It is helpful to stay
up-to-date on any new laws or regulations that may come into effect in either
language so that you can ensure your translations are accurate. In case you
need the services of a professional law firm, consider hiring Duluth Personal Injury Lawyers.
Legal documents are often complicated
and need to be written with precision and accuracy. Having excellent writing
skills will help you understand the different legal concepts and ensure that the translation is clear and understandable. Having
a good grasp of grammar and spelling is also essential when translating legal
documents. This will help you create a polished translation that is free of
errors.
Becoming a legal document translator
is a challenging task, yet a rewarding career path. The success of a legal
document translator depends on the quality of their work, so it is important to
remain diligent and professional at all times. By following the skills outlined
above, you can become an expert in legal document translation.
The law can be a complicated and intimidating subject for many people. Knowing when to enlist the help of a lawyer can provide valuable assistance, from family court cases to contract negotiations. To read more
The law can be a complicated and intimidating
subject for many people. Knowing when to enlist the help of a lawyer can
provide valuable assistance, from family court cases to contract negotiations.
To ensure you're making the best decisions for yourself and your circumstances,
the following are five scenarios when it might be time to consult a legal
expert.
Divorce can be one of the most difficult to
navigate, especially when assets and disputes come into play. It's essential
when filing for a divorce to choose an attorney who has experience in family
law. A good lawyer will provide insight into what to expect from the process,
help craft a solution tailored to your circumstances, and protect your rights
throughout the divorce proceedings. Be sure to ask questions during the initial
consultation so that you fully understand their fees, payment plan, and how
they plan to handle any potential conflicts.
Workplace disputes can arise when a worker
feels their employer has wronged them. These cases may include wrongful termination, discrimination, and
workplace injury claims. In these situations, it is important to hire an
experienced attorney who understands the laws governing your particular
situation and can help you understand your rights and legal options. Your
lawyer will be able to advise you on the best course of action and work with
you to ensure that your rights are fully protected.
Product liability cases involve a person
injured or killed due to a product they purchased or used. In these cases, the
company that manufactured the product may be held liable for any damages caused
by the faulty item. Depending on the severity of the injuries, experienced Dallas Defective Product Lawyers can help you
determine if a case should be pursued and how much compensation should be
sought. The attorney can also guide you through filing a lawsuit, represent you
in court hearings and negotiations, and prepare any necessary legal documents.
Car accidents can be traumatic experiences,
and the legal process afterward can be confusing. An experienced car accident
lawyer can guide you through the process of filing an insurance claim and help you
understand your rights. In addition, they may also be able to negotiate with
the insurance company on your behalf to ensure that any settlements are fair.
It is important to hire an experienced car accident lawyer who understands the
laws related to these types of cases and has a successful track record of
getting clients the compensation they deserve.
Criminal law cases involve any violation of
the law that is punishable by fines, jail time, or other forms of punishment. A
qualified criminal law attorney can defend individuals facing charges related
to drug possession, assault, theft. In some cases, an attorney may be able to
get a reduced sentence or have the charges dismissed entirely. No matter what
type of criminal case you face, it is vital to have a
lawyer who can interpret the law and build a strong defense strategy.
Whether you are dealing with a workplace
dispute, facing criminal charges, being involved in a car accident, or writing
a will, hiring an experienced lawyer is essential. A good lawyer should be able
to provide advice and assistance on the best course of action for your specific
situation and ensure that you are adequately represented in any legal
proceedings. If you find yourself in any of the five life situations mentioned
above, don't hesitate to seek legal advice from a qualified lawyer.
These days Rahul Gandhi is on a Bharat Jodo Yatra ( Unite India March ), from Kanyakumari to Kashmir. But will it really unite India, which has numerous religions, castes, races, languages, etc ? I read more
How To Tackle The Aggressive ClientsIntroduction:In the recent past most of the educated clients are frustrated due to delay justice. The educated litigants approaching the Hon’ble Courts with folded read more
How To Tackle The
Aggressive Clients
Introduction:
In the recent past most of the educated clients are frustrated due to delay justice. The educated litigants approaching the Hon’ble Courts with folded hands with an assumption that they will get justice as promised under the following circular issued by various Hon’ble High Courts. The summary of such circular is as follows:
Karnataka Case
Flow Management Rules
The said circular bears No. LAW 294 LAC 2005 dated
18.03.2006 issued by Law, Justice and Human Rights Secretariat, Government of
Karnataka, Bengaluru.
SIMILAR RULES ARE
FRAMED BY ALL THE HIGH COURTS
The Karnataka High Court has launched the
Case Flow Management system.
The Karnataka (Case Flow Management in
Subordinate Courts) Rules 2005, as it is called, was gazetted by the State
Government almost two years ago. Subsequently, the High Court framed the rules
applicable to all suits and civil proceedings before the subordinate civil
courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In
Track 1 the High court has included suits on maintenance, child custody,
appointment of guardians and wards, visiting rights, letters of administration,
succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be
disposed of within nine months.
Disposal in 12 months:
In
Track 2, cases on execution, divorce and ejectment will have to be disposed of
within 12 months.
Disposal in 24 months:
In
Track 3 and 4, Cases to be disposed in 24 months relate to partition,
declaration, specific performance, possession, mandatory injunction, appeals,
damages, easements, trademarks, copy rights, patents and intellectual property
rights.
Cases that are not in any of the three
categories are included in the fourth category and they too have to be disposed
of in 24 months. The presiding officer, however, has the right to dispose of
the case earlier.
The rules prescribe a mandatory time limit
for various court procedures such as issue of summons/notices. Proceedings
shall indicate a maximum of 30 days for filing statement or objection from the
date of service.
When cases were not disposed within the above time limits, the educated litigants lose faith and become aggressive against their own lawyers. Then it would be big problem for the lawyers to convince such litigants. Many cases held up at the preliminary stages like issuance of summons/notices, mediations and hearing on interim applications. In many cases they would be stay orders passed by Hon’ble High Courts wherein the Trial Courts unable to proceed with. Especially in Family cases they aggrieved party not getting any favourable or unfavorable order within the time frame as a result they are losing their young age and they become frustrated as they could not bear children after certain age. Thus, it has become very difficult to deal with an aggressive client and it has become a challenging job for a lawyer to remain calm and professional, even if the client is being difficult. Here are a few tips for dealing with an aggressive client:
1. Stay
calm and composed:
Even if the client is being aggressive, it's important to remain calm and professional. This will help to defuse the situation and prevent it from escalating further. To diffuse tension, try to maintain a low volume and a friendly demeanor, even if it feels difficult. Pay attention to your body language and avoid any nonverbal cues that may be interpreted as defensive or hostile, such as pacing, tapping, crossing your arms, or rolling your eyes. By being mindful of your behavior and expressions, you can help create a more positive and productive atmosphere.
2. Listen
carefully:
Allow the client to speak and express their concerns or frustrations. Listen carefully and try to understand their perspective. This will show that you are attentive and willing to help. To effectively address someone's concerns, it is important to ask appropriate questions without interrupting and to allow them to fully express their thoughts. Sometimes, simply giving someone the chance to vent can help them feel more at ease. Once they have explained the situation to you, try to confirm or summarize their concerns to ensure that you have understood them. This can help show that you are listening and can help build trust and communication.
3. Avoid
getting Defensive:
When faced with an aggressive client, it is important to avoid becoming defensive, as this can escalate the situation. Instead, strive to maintain a neutral stance and avoid engaging in a confrontation. This can help de-escalate the situation and prevent it from worsening. By remaining calm and composed, you can demonstrate your professionalism and help diffuse any negative emotions.
4. Offer
Solutions:
Once you have listened to the client and understood their concerns, try to offer solutions or suggestions that could help to resolve the issue. This will show that you are willing to help and are looking for a way to move forward. Customers often want to know that their concerns are being addressed, even if the solution is not a complete one. If you are limited in the options you can offer, avoid making unrealistic promises. Instead, be transparent about the limitations and consider involving management to show that you are committed to finding a resolution. This can help build trust and demonstrate your willingness to go the extra mile to help the customer.
5. Escalate
the issue if necessary:
If a customer's behavior becomes unmanageable or if you are unable to resolve their issue, it may be necessary to escalate the situation to a manager or supervisor. These individuals have the necessary training and experience to handle difficult situations and can help find a resolution. By escalating the issue to someone who is better equipped to handle it, you can help ensure that the customer's concerns are addressed and the situation is resolved in a professional manner.
6. Part
ways:
In some cases, it may be necessary to end a business relationship with a client, if the client continues to behave rudely or aggressively towards you or your employees. If you decide to part ways with a client, thank them for their business and remain respectful throughout the process. The client may react negatively to this news, but it is important to remain calm and professional. You have the right to choose who you work with and who you do not.
It is important to remember that every situation is unique and that the best course of action will depend on the specific circumstances. The most crucial thing is to maintain a calm and professional demeanor and to work towards finding a solution that satisfies both parties. By staying composed and focused, you can help diffuse the situation and prevent it from escalating.
References:
https://hrcentral.com.au/blog/dealing-with-aggressive-customer-behaviour/
https://www.entrepreneur.com/growing-a-business/business-how-to-handle-an-angry-client/77404
*****
You're likely to need a lawyer at some point in your life. Perhaps you're getting divorced and need someone to protect your interests, or you've been injured in a car accident and need help getting the read more
You're likely to need a lawyer at some point
in your life. Perhaps you're getting divorced and need someone to protect your
interests, or you've been injured in a car accident and need help getting the
insurance company to pay up. No matter the reason, knowing which type of lawyer
to hire can be challenging. Here's a quick rundown of the five most commonly
needed types of lawyers and when you might need them:
Whether you're getting divorced, dealing with child custody
issues, or trying to adopt a child, a family lawyer can help. Family lawyers
know the ins and outs of the law as it relates to families, so they can help
you understand your legal rights as a spouse or parent and make sure that you
get the best possible outcome. They can also provide emotional support during
what is often a difficult time. If you're dealing with a family legal issue,
find a qualified lawyer to help you.
Employment lawyers are the best choice for
anyone with problems at work. If you've been the victim of discrimination or harassment, or if you have disagreements with
your employer about your contract or job duties, an employment lawyer can help.
They can also help if you've been wrongfully terminated from your job or have
problems getting paid what you're owed. Basically, if anything at work isn't
going your way, an employment lawyer is the best person to call.
You will need a personal injury lawyer if
you've been injured in an accident that wasn't your fault. These lawyers
specialize in getting you the compensation you deserve for your pain and
suffering. They know how to deal with insurance companies and are not afraid to
take your case to court if necessary. Personal injury lawyers work on a
contingency basis, they only get paid if you win your case.
If you have been injured at a New York City
construction site, you should seek out a New York personal injury lawyer with
experience handling construction site accidents. There are many attorneys in New
York, so it is crucial to research and find the right one to get the
compensation
If you're ever unfortunate enough to find
yourself on the wrong side of the law, you'll want a criminal lawyer in your
corner. Criminal lawyers are experts in criminal law and know how to navigate
the often complex legal system. They can help you to understand the charges
against you and take you through the entire process of
defending yourself. They can also work to get the charges reduced or dropped
entirely. In some cases, they may even get you a not-guilty verdict.
Estate planning lawyers specialize in helping
people create plans for what will happen to their assets after they die. This
can include creating trusts, drafting wills, and advising on tax and
probate issues. They can also help you plan for incapacity so that your assets
will be managed according to your wishes if you become incapacitated.
If you have significant assets or a complex
family situation, you may need the help of an estate planning lawyer to make
sure that your wishes are carried out after you die. That way, your loved ones
will know your wishes and not have to guess what you would have wanted.
It's important to find the right lawyer for your legal needs. The right lawyer can make all the difference in getting the outcome you deserve. Do your research and find an experienced attorney who will fight for your rights every step of the way.
Regards,
Adv. Sonia Rajesh
www.lawyersonia.com
FREQUENTLY ASKED QUESTIONS (FAQs) ON CHEQUE BOUNCE CASES What legal action can be adopted in response to a bounced or dishonoured cheque? A criminal prosecution under Section 138 read more
FREQUENTLY ASKED QUESTIONS (FAQs) ON CHEQUE BOUNCE CASES
A criminal prosecution
under Section 138 of the Negotiable Instruments Act against the drawer of the
cheque can be initiated by the payee or holder of the cheque. Also, a civil
case for recovery can be simultaneously filed.
First, the cheque's
owner (payee) must send a demand notice to the cheque's drawer within 30 days
of learning that the cheque was dishonoured from its bank, either directly or
through a lawyer, requesting that the cheque's amount be paid within 15 days
of receiving the intimation or demand notice. Second, the holder of the check
or payee may proceed to file a criminal case in court if the drawer does not
make the payment within the specified 15 days following receipt of the
notification or demand notice of the dishonour of the cheque.
In the case of
DasrathRupsingh Rathod (Crl. Appeal No. 2287 of 2009), The Hon.Supreme Court
determined that the Territorial Jurisdiction for Cheque Dishonour is with those
Courts, within whose local jurisdiction the offence was committed, i.e., where
the cheque is dishonoured by the bank on which it is drawn. Additionally, if
the check is delivered to the bank for payment, the complaint should be brought
before the court where the drawer keeps his account.
According to the Supreme
Court of India, the nature of the transaction will determine whether a
post-dated cheque is for "discharge of debt or liability." The
Section is attracted and not otherwise if a liability or debt exists on the
date of the cheque or if the amount has become lawfully recoverable. Despite
the use of the word "security" in the agreement, dishonour of such
cheque would be subject to Section 138 of the Act once the loan was disbursed
and instalments were due on the date of the cheque in accordance with the
arrangement.
The following situations
prevent a bounced cheque from constituting an offence:
1. When a cheque is
provided in advance.
2. When the cheque is
used as collateral.
3. The difference
between the amount stated in words and in numbers.
4. The drawer must
certify any changes made to a cheque.
5. If a damaged cheque
is discovered.
6. When a cheque is
submitted to a charitable trust as a gift or donation.
First, where a cheque is
provided as payment for a debt. Second, the cheque in question is dishonoured
due to insufficient funds, an account closure, the drawer stopping the payment,
or similar circumstances. Thirdly, despite receiving the demand notice, the
cheque’s drawer does not pay within 15 days of receiving the notice.
The Hon’ble Supreme
Court of India in the case of M/s Meters and Instruments Pvt. Ltd. v.
Kanchan Mehta held that the court has the authority to end the proceedings
in accordance with Section 143 of the Negotiable Instrument Act read with
Section 258 of the Criminal Procedure Code if the cheque amount, along with
interest and costs assessed by the court, are paid by a specific date.
Yes, the Court has the
authority to end a lawsuit in a matter involving a bounced cheque without the
complainant's permission. The amendment in the year 2002 made the offence
compoundable and hence the accused in the first or the second hearing can make
an application for compounding of offence in which the court ought to allow the
same.
Yes, a single complaint
may be filed for the dishonour of multiple cheques under Section 220 of the
Criminal Procedure Code of 1908, although it is preferable to file separate
complaints for the dishonour of multiple cheques in accordance with Sections
218 and 219 of the Code of Criminal Procedure.
In the case of
OswalFinlease Private Limited v. State of Rajasthan &Anr, the Hon'ble High
Court of Rajasthan declared that no individual could be punished for a genuine
error; as a result, a complaint under Section 138 of the NI Act can be
modified.
Reference:
*****
How to Start Online Business – Online Fake Jobs Online shopping has picked up a desirable pace in this growing digital world. The concept of digital India has certainly opened manifold opportunities, read more
How
to Start Online Business – Online Fake Jobs
Online shopping has picked up a
desirable pace in this growing digital world. The concept of digital India has
certainly opened manifold opportunities, and platforms for e-commerce
businesses and various online shopping websites have successfully thrived. Lately,
because of prevailing reasons such as enlargement in technology, easy access,
convenience and comfort, and many more. Although these are some of the
rationales justifying the golden side of e-commerce websites, there are
multiple considerable aspects in which it can certainly be a drawback for the
economy and the public in general. In simpler words, online shopping
applications and websites under the e-commerce fraternity are the marketplaces
for retailers and consumers. Hence, it seemingly attracts some provisions and
laws abided rules which can also be considered safety protocols for consumer
safety.
Need for
legal compliance for E-Commerce Websites
Online shopping is now quite
prevalent in metropolitan cities because of its convenience and broader
options. But buyers are left disappointed or cheated in numerous instances as
well. Many e-commerce consumers have been filing complaints at consumer
forums/boards as dictated by Pratima Narayan, a lawyer on e-commerce who has
expertise in consumer law. She adds that these complaints are registered under
the Consumer Protection Act of 1986. The Act applies in endorsement of the
safety of e-commerce consumers. However, there stand many more legal issues
concerning mobile e-commerce applications. Besides the laws that are supposed
to be adhered to by every company in India to be legally competent, like the
service tax Act, Companies Act, and Income Tax Act, online shopping
applications under e-commerce websites are required to adhere to IT Act,
Copyright Act, Patents Act, etc. Basic legal requirements for the mobile
app-based business comprise various legal obligations such as app charges, app
platform, data security, trade secrets, employee handbook, vendor agreements,
and many such, which are crucial tools developed for maintaining safety
standards and authenticity of the -commerce business.
Besides, all mobile applications
require terms of use as disclaimers and privacy policies obtainable to their
users and consumers, which is obliged as part of the intermediary regulations
as per IT Rules, 2011. Moreover, a grievance officer's name and contact details
are a legal mandate for online e-commerce companies.
Legal
framework for e-commerce websites in India
1. Consumer Protection Act, 2019
2. Information Technology Amendment
Act, 2000
3. Policies laid down by regulatory
bodies like the Reserve Bank of India, Indian Medical Association (IMA), etc.,
rely on the product/service traded. For example, IMA regulations will apply in
subjects where medicines are sold online.
Following are the other legal
compliances that online shops must follow:
·
User Data Protection (GDPR)
·
Legal notice and information of the business/company
·
Cookies policy
·
Privacy policy
·
Cyber security in payments
·
Unambiguous navigation and UX
·
E-commerce contract
·
Consent to Communications Intellectual property rights
·
E-commerce rules as per the payments and systems settlements
Act, 2007
Court
precedents
·
G Surrarchita Reddy Vs Flipkart Internet Private Limited
The case was filed with the District
Consumer Disputes Redressal Commission. The case highlighted the provisions of
Sec 79 of the Information Technology Act, 2000, the Copyright Act, 1957, The
Trade Marks Act, 1999, and the Sales Of Goods Act, 1930. In this case, the
issue addressed also pertains to the non-delivery of the product ordered by the
plaintiff /complainant and the revocation of the same by the e-commerce
platform without the consent of the customer/ plaintiff. It was further noted
that sec 79 of the IT Act is not applicable in the given case.
The moment any e-commerce buyer or
consumer places an order for a product on the e-commerce website or an
application, there is an implied service contractual obligation on the
e-commerce platform, and it goes without saying, despite terms of use and
disclaimer policy. Thus, it imposed liability on the e-commerce platform for
not meeting the standard delivery norms timeline and for negligence and
misconduct. Provided facts, issues, and findings, the opposite party was
ordered to pay 1000/- as a compensation claim and 1000/- for the litigation
expenses incurred.
·
Fashnear Technology Private Ltd Vs Meesho Online Shopping
Pvt Ltd & ANR
The case pertains to e-commerce
frauds carried out by using the domain name of this online shopping
application. The owner of the website or the complainant has filed a suit, and
the court observed that the plaintiff's original domain name had been infringed
and various illegal activities were being carried out on the company's name.
Further investigation by the court ordered for the blocking orders of those
fake domain names and to ensure that no other fake domain in the name of
"Meesho" is registered or manipulated by them, considering consumer
safety as a priority.
Further, a thorough investigation
considering similar aspects revealed that there had been numerous other cases reported
where the original/ registered domain name of the website was infringed and being
operated fraudulently and Customers and the public at large are being tricked
and cheated.
Online
Fake Jobs
Many websites offer online jobs but
most of them are fake. Then they issue legal notices through their fake
advocates. The online employers threaten the young unemployed and extract
money. The victims need not worry about it. They may either ignore such legal
notices, WhatsApp messages or approach the nearest police station and lodge
complaints. The unemployed youth must be very careful while accepting such
online jobs. They cannot do anything but the unemployed youth pay the online
employers small amounts as penalties, fines for violations or non complying the
rules and regulations of such employers.
Conclusion
However, the growth of e-commerce
businesses and online shopping applications like Myntra, Urbanic, Flipkart,
Amazon, and many more are quite evident in India. Numerous big industries are
also investing in such marketplaces in India, leading to both positive and
negative aspects. On the flip side, E-commerce fraud is increasing, including
credit/ debit card fraud, cybersquatting, hacking, online shopping and auction
deception on-delivery of the product, default in payment, receiving a cheap
quality product, and failure by such e-commerce websites and shopping sites to
disclose the relevant information and terms of sale. As a user, you can
consider security measures while shopping online through any e-commerce website
or application. You can check whether the website has encrypted protocols and
certificates to prove vendors' identity, confidential and authenticated
service, and 3-D security protocols to secure online payment via debit and
credit card. Nonetheless, buyers must research the website before indulging in
any interaction or putting in personal information and before ordering a
product.
*****

Allahabad, India

Kolkata, India

Bhusawal, India

Allahabad, India

Moradabad, India

Mohali, India

Navi Mumbai, India

Glendale, United States

Muzaffarpur, India
DAYS
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SECONDS
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"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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