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Not every family we see is perfect, everyone goes through a rough patch in their life, and things do not always turn out the way we imagine. This is why having a family law at this tough time can certainly read more
Not every family we see is perfect, everyone goes through a rough patch in their life, and things do not always turn out the way we imagine. This is why having a family law at this tough time can certainly help you a lot. The family incorporates a number of different kinds of issues that happen in a family, such as alimony, divorce, adoption, child custody, parenting time, child support, etc.
It does not matter if you are looking for some changes in your life or you are up to making some solid decisions about your family; a family law attorney certainly guide you a lot, even if you are just seeking opinions about your options. A family lawyer will help you to assist in what would be the right decision in that particular situation that would suit best to your interests and choices.
In most cases, when people choose to get a divorce, the one thing that they are concerned about is how their children would be affected emotionally. There are many pieces of studies that show that the majority of the children adjust within about 24 months of the divorce of their parents.
However, it is to remember that living in an environment with their parents who are in constant conflict can be more stressful for them than the divorce. So, if you are also dealing with some problems in your family and you think it is the right time to make some solid decisions about the future of your family and your life, read the benefits of hiring a family law attorney to take a step forward without any more delay.
Custody Disputes
If you want to sort out some parenting time issues with your ex-partner and despite holiday parenting time, problems have arisen, you can certainly contact your family lawyer.
There are a number of reasons why a parent might want to request a change in their parenting time or custody, such as:
Every parent is concerned about the health and well-being of their children, and if they think that their other parent is not taking proper care of their child during their parenting time or custody, you can certainly request in the court to make changes to their arrangements.
These concerns might involve issues like not proper sleeping arrangements, safety issues, emotional or physical abuse, mental illness, etc. So, if you believe that your child is in danger or not in proper care, you can consult with a family law attorney who will help you to know where you stand and will make sure your claims are factual to represent your case in the court.
Trusts And Wills
Life is unpredictable, and you never know what can happen to you at any time. So for the future and security of your family , another aspect of a family law attorney can help you a lot to prepare wills and trusts in advance. You can take help from your family lawyer to make sure all your wishes are met after your death and who will fall under your succession of property or money after your demise.
Eliminate Toxic Relationship
It is not always easy to realize and get out of a toxic relationship. So, if you are also dealing with obe and you are done trying and want to move on in your life, then a family law attorney can be a great support for you. With his help, you can know how you can deal with the conflicts and what you would need to do to take the proper legal actions.
A Two Judge Bench of the Hon’ble #SupremeCourt of India of Justices Aniruddha Bose and M.R. Shah passed a Judgment dated 09-09-2021 in the case of Jaipur Zila Dugdh Utpadak Sahkari Sangh Limited & read more
A Two Judge Bench of the Hon’ble #SupremeCourt of India of Justices Aniruddha Bose and M.R. Shah passed a Judgment dated 09-09-2021 in the case of Jaipur Zila Dugdh Utpadak Sahkari Sangh Limited & Ors. v. M/s Ajay Sales & Suppliers Special Leave Petition (Civil) No.13520 of 2021 and held that a #HighCourt can exercise the powers under Section 11 of the Arbitration and Conciliation Act, 1996 (Act) to appoint another #arbitrator in the event a person becomes ineligible to act as an arbitrator appointed under the #arbitration agreement.
In the present case, on 31-03-2015, the Respondent Firm (original Applicant) and Sahkari Sangh (Parties) entered into a Distributorship Agreement (Agreement) for a period of two years for the purpose of distribution of milk and butter milk in certain zones in Jaipur. Thereafter, disputes arose between the Parties. Clause 13 of the Agreement provided that all disputes and differences arising out of the Agreement shall be referred to a sole arbitrator, namely, the Chairman of Jaipur Zila Dugdh Utpadak Sahkari Sangh Ltd. (Arbitrator) and his decision shall be final and binding for the Parties.
On 19-10-2019, as per Clause 13 of the Agreement, the Respondent Firm approached the Arbitrator for settlement of a commercial dispute between the Parties. During the pendency of the Arbitration Proceedings, the Respondent Firm vide an Application approached the High Court of Judicature for Rajasthan (High Court) for appointment of an arbitrator under Section 11 of the Act and invoked the arbitration clause under the Agreement dated 31-03-2015. The said Application for appointment of arbitrator was opposed by the Petitioners. The main contention raised by the Petitioners was that it was not open for the Respondent Firm to approach the High Court for appointing an arbitrator under Section 11 of the Act as it had already approached the sole Arbitrator for resolution of the dispute and had participated in the Arbitration Proceedings. Section 11 (5) of the Act empowers the Supreme Court or the High Court or any person / institution designated by the Court to appoint an arbitrator, upon request made by the party.
The High Court while placing reliance on Section 12 (5) of the Act read with Seventh Schedule to the Act, allowed the said Application and appointed former District and Sessions Judge to act as an arbitrator.
Section 12 of the Act: Grounds for challenge is reproduced below:
(5) Notwithstanding any prior agreement to the contrary, any person whose relationship, with the parties or counsel or the subject-matter of the dispute, falls under any of the categories specified in the Seventh Schedule shall be ineligible to be appointed as an arbitrator:
Provided that parties may, subsequent to disputes having arisen between them, waive the applicability of this sub-section by an express agreement in writing.
The Seventh Schedule of the Act provides various categories of ‘Arbitrator’s relationship with the parties or counsel’. For instance, if the arbitrator is an employee, consultant, advisor or has any other past or present business relationship with a party, such a person is ineligible to be appointed as an arbitrator under Section 12 (5) of the Act.
Being aggrieved, the Petitioners approached the Hon’ble Supreme Court of India.
In the present case, on 31-03-2015, the Respondent Firm (original Applicant) and Sahkari Sangh (Parties) entered into a Distributorship Agreement (Agreement) for a period of two years for the purpose of distribution of milk and butter milk in certain zones in Jaipur. Thereafter, disputes arose between the Parties. Clause 13 of the Agreement provided that all disputes and differences arising out of the Agreement shall be referred to a sole arbitrator, namely, the Chairman of Jaipur Zila Dugdh Utpadak Sahkari Sangh Ltd. (Arbitrator) and his decision shall be final and binding for the Parties.
On 19-10-2019, as per Clause 13 of the Agreement, the Respondent Firm approached the Arbitrator for settlement of a commercial dispute between the Parties. During the pendency of the Arbitration Proceedings, the Respondent Firm vide an Application approached the High Court of Judicature for Rajasthan (High Court) for appointment of an arbitrator under Section 11 of the Act and invoked the arbitration clause under the Agreement dated 31-03-2015. The said Application for appointment of arbitrator was opposed by the Petitioners. The main contention raised by the Petitioners was that it was not open for the Respondent Firm to approach the High Court for appointing an arbitrator under Section 11 of the Act as it had already approached the sole Arbitrator for resolution of the dispute and had participated in the Arbitration Proceedings. Section 11 (5) of the Act empowers the Supreme Court or the High Court or any person / institution designated by the Court to appoint an arbitrator, upon request made by the party.
The High Court while placing reliance on Section 12 (5) of the Act read with Seventh Schedule to the Act, allowed the said Application and appointed former District and Sessions Judge to act as an arbitrator.
Section 12 of the Act: Grounds for challenge is reproduced below:
(5) Notwithstanding any prior
agreement to the contrary, any person whose relationship, with the parties or
counsel or the subject-matter of the dispute, falls under any of the categories
specified in the Seventh Schedule shall be ineligible to be appointed as an
arbitrator:
Provided that parties may,
subsequent to disputes having arisen between them, waive the applicability of
this sub-section by an express agreement in writing.
The Seventh Schedule of the Act
provides various categories of ‘Arbitrator’s relationship with the parties or
counsel’. For instance, if the arbitrator is an employee, consultant, advisor
or has any other past or present business relationship with a party, such a
person is ineligible to be appointed as an arbitrator under Section 12 (5) of
the Act.
Being aggrieved, the Petitioners approached the Hon’ble Supreme Court of India.
To read more, please visit the link below:
#supremecourt #arbitrator
The #SupremeCourt has in a recent case of Sivasankaran Vs Santhimeenal passed a Judgment dated 13-09-2021 and reiterated the #circumstances amounting to #mentalcruelty and irretrievable / complete #breakdown read more
The #SupremeCourt has in a recent case of Sivasankaran Vs Santhimeenal passed a Judgment dated 13-09-2021 and reiterated the #circumstances amounting to #mentalcruelty and irretrievable / complete #breakdown of #marriage in #divorce cases.
In this
case, Mr. Sivasankaran, the Appellant-Husband and Mrs. Santhimeenal, the Respondent-Wife,
solemnised their marriage as per the Hindu Customs on 07-02-2002 (Marriage).
However, as per the Appellant-Husband, the Respondent-Wife did not consent to
their Marriage and thus, left the marriage hall that night and went to Pudukkottai,
Tamil Nadu. Further, her parents and relatives tried to persuade her to come
back and live with the Appellant, but it was not fruitful. The Marriage did not
work from the very inception and the Marriage was never consummated. Hence, the
Appellant-Husband issued a Notice dated 25-02-2002 seeking divorce under the
ground of cruelty under Section 13 (1) (i-a) of the Hindu Marriage Act 1955 (the
Act).
Section 13 (1) (i-a) of the Act has been reproduced below:
Section 13: Divorce
(1) Any
marriage solemnized, whether before or after the commencement of this Act, may,
on a petition presented by either the husband or the wife, be dissolved by a
decree of divorce on the ground that the other party—
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty
Soon thereafter,
the Respondent-Wife filed a Petition for Restitution of Conjugal Rights under
Section 9 of the Act before the District Court. She claimed that the Appellant’s
family had demanded dowry from the Respondent’s family and when they were
unable to provide the same, the Appellant’s brothers took him away, thereby,
rendering the consummation of Marriage impossible. Hence, as per the Respondent-Wife,
it was the Appellant who refused to cohabit with her.
Thereafter,
the Appellant filed a Petition for Divorce under Section 13 (1) (i-a) of the
Act before the District Court. After 5 years of trial proceedings, a Decree for
Divorce was granted on 17-03-2008 on the ground of irretrievable breakdown of Marriage.
Immediately after the Divorce Decree was obtained, 6 days later, the Appellant got married a second time on 23-03-2008.
Thereafter, the Respondent-Wife filed an Appeal before the Addl. District Judge, Pudukkottai, whereby, the Court set aside the Divorce Decree.
Aggrieved, the Appellant filed an Appeal before the Madras High Court, which restored the Divorce Decree, vide Judgment dated 14-09-2018.
All in all, around 15 years had passed in litigation and the disputes between the Parties still continued.
The Respondent thereafter filed a Review Petition before the Supreme Court on the ground that it was not within the jurisdiction of the High Court or the District Court to grant a Decree of Divorce on the ground of irretrievable breakdown of Marriage. The Apex Court allowed the Review Petition vide Order dated 25-02-2019.
Aggrieved, the Appellant filed Civil Appeal before the Supreme Court.
To read more, please visit the link below:
https://theindianlawyer.in/supreme-court-reiterates-circumstances-amounting-to-mental-cruelty-and-irretrievable-breakdown-of-marriage/
#supremecourt #marriage #divorce #breakdown #mentalcruelty #lawyered
APPOINTMENT OF JUDGES IN SUPREME COURT AND THE PRESENT ELEVATION DIRECTLY FROM THE BAR The appointment of 9 judges in the Supreme Court on August 31 comes out as very significant as it is the biggest read more
APPOINTMENT OF JUDGES IN SUPREME COURT AND THE PRESENT
ELEVATION DIRECTLY FROM THE BAR
The appointment of 9 judges in the Supreme Court on
August 31 comes out as very significant as it is the biggest ever number of
judges whose oaths are administered in one go. It further takes the strength of
judges the Apex Court to 33. Chief Justice of India (CJI) administered the oath
of office to the nine new judges including, 3 women to the Supreme Court of
India.
HOW ARE THE SUPREME COURT
JUDGES APPOINTED AND THE HISTORY OF THE COLLEGIUM SYSTEM?
The Constitution alludes to the procedure of
appointment of judges to SC and HC’s under Article 124 and 217 respectively.
Both the provisions enumerated under sub-section (2) to Section 124 and sub-
section (1) to section 217 provides that, the President has the
power to make the appointment of judges “after
consultation with such of the Judges of the Supreme Court and of the High
Courts in the States as the President may deem necessary”.
What
does the word consultation imply and whether the opinion of CJI in regard to
appointment of judges to the SC and HC is entitled to supremacy?
The
meaning of the word “Consultation” came for the consideration for the first
time before the Hon’ble court in the case of UOI v Sankal Chand Himatlal
Seth 1977[1].
It was observed that the requirement of consultation by the president from the
CJI is a mandatory requirement for the appointment and transfer of judges.
Consultation means full and effective consultation. For the full and effective
consultation, it is necessary that the three functionaries must have full and
identical facts on the basis of which they would be able to take a decision.
However, the president has a right to differ from the them and take a contrary
view.
In
S.P Gupta v UOI 1982 (1st Judges Case), however the primacy
was given to the executive in matter of appointment of judges. In case of
conflict, the opinion of President would prevail over the CJI. The only ground
on which this decision can be challenged is that, if it is based on mala-fide
and irrelevant considerations. And for the purpose of Article 124(1) and 217(1)
the word “consultation” doesn’t mean concurrence.
In
a historic judgement of SC Advocates-On-Record Association V. UOI 1994(2ndjudges’
case) the aforementioned SP Gupta case was overruled by 7-2 majority and
held that, in matter of appointment of judges the president is bound to act in
accordance with the opinion of the CJI who would give his opinion after
consulting his colleagues.
Thus,
the executive element in the appointment process has been reduced to minimum
and political influenced altogether was eliminated.
Again
in 1999 the issue as to the expression “Consultation” arose in case of, In
Re Special Reference No1 of 1998(3rd judges’ case). Then
President invoked article 143 and referred the 2 main questions to the SC which
related to consultation process; the issues being:
1- Whether
consultation requires the consultation with plurality of judges on formation of
opinion of CJI?
2- Or
does the sole opinion of CJI constitute consultation?
The
Apex court ruled that the CJI must consult a collegium of four senior most
judges of the SC (4+1) when it comes to the appointment of SC judges and made
it further clear that ‘if two judges give adverse opinion the CJI should not
send the recommendation to the president. The collegium should make a
decision in consensus and no recommendation should be made unless the collegium
is in conformity.
While
answering the reference made to the SC, it says that the expression
“consultation” with the CJI in Article 217 and Article 222 requires
“consultation with plurality of judges in the formation of the opinion
of the CJI and the sole opinion of CJI does not constitute consultation” within
the meaning of the said Articles.
Hence
with this judgement SC laid down nine guidelines for the functioning of the
Coram for the appointment and transfer of judges- this has come to be the
present form of collegium and has been prevalent ever since.
After
the 3rd Judges case by the 99th amendment act a new
Article 124A was inserted which provides the composition of National
Judicial Appointment Commission (NJAC) and NJAC Act 2014 was enacted, which
raised the conflict as to interference of executive in matter of appointment of
judges.
The
validity of NJAC Act along with 99th amendment act was challenged in
SC Advocate-on Record Association v. UOI 2016 (4th Judges Case) the hon’ble apex court said that NJAC act negates
the primacy of judiciary and giving more power in hands of the people who might
not be from a legal background and these people have the power to override the
decision of CJI and the collective decision of collegiums. Subsequently their
involvement curtail downs the involvement of judiciary in the process, hence
with this judgement the NJAC act was struck down.
Now
the opinion of CJI in deciding the appointment of judges not only have the
primacy but also is determinative in nature.
Significance of this
Appointment
Currently
the working strength of the Apex court after the recent appointments is 33 which
leaves one vacancy and this is for the first time in the Supreme Court’s
history that the oath taking ceremony was held at an auditorium and not the
CJI’s Courtroom Number 1.The appointment of P.S Narsimha Rao the senior
advocate is direct elevation from the bar. He has served as Solicitor general
of India from May 2014 to December 2018 and represented the government of India
in important cases related to the Italian Marine case, NJAC case relating to
appointment of judges etc. He was earlier appointed by SC to resolve the
dispute pertaining the administration of BCCI in India and he also appeared for
some of the parties in Ayodhya case. As per the seniority, Justice Narsimha is
in line to occupy the post of CJI from October 2027 to May 2028. Current
elevations are regarded as significant as for the first time there would be 4
sitting women judges in the history of the SC. Also, in Justice Nagarathna,
India may see its first woman CJI in the year 2027.
The
Collegium comprising Chief justice NV Raman and Justices AM Khanwilkar, DY
Chandrachud, U.U Lalit and L Nageswara Rao recommended these names on August 17
and on August 26, President notified the appointment accepting all the recommendations.
Last it was in September 2019 when the appointment of judges to the Supreme
Court was made.
Recently, a Division Bench of the Hon’ble Supreme Court of India in the case of Gumansinh alias Lalo alias Raju Bhikhabhai Chauhan and Another vs. State of Gujarat [(2021) SCC OnLine SC 660], vide its read more
Recently, a Division
Bench of the Hon’ble Supreme Court of India in the case of Gumansinh alias Lalo alias Raju
Bhikhabhai Chauhan and Another vs. State of Gujarat [(2021) SCC OnLine SC 660],
vide its Judgment dated 03-09-2021 observed that the evidentiary value of the
close relatives/family members is not liable to be rejected on the ground of
being a relative of the Deceased. As such, law does not disqualify relatives to
be produced as a witness though they may be interested witness.
Background
One Shri. Gumansinh (‘Appellant No. 1’) and Smt. Tahera
(‘Deceased’) got married on 27.04.1997.
The Appellant No. 1 started constantly demanding Rs. 25,000/- from the Deceased
in order to purchase buffaloes as, the Appellant No. 1 was keen on doing milk
business. Due to poor financial condition, the Deceased’s father was not able
to satisfy the demand of Appellant No. 1. Therefore, Appellant No. 1 frequently
started beating the Deceased, while her mother-in-law (‘Appellant No. 2’) used to pick up quarrel with her on one or the
other pretext.
The Deceased committed
suicide on 14.12.1997 by consuming poison at her matrimonial home for the sole
reason that the Deceased was unable to bear the continuous mental and physical
cruelty meted out to her by the Appellants in a period of 8 months of marriage.
The father of the Deceased
filed a Police Complaint, which got registered as ICR No. 34/1997 for the
offences punishable under Section 498A (Husband or relative of husband of a
woman subjecting her to cruelty) and Section 306 (Abetment of suicide) read
with Section 114 (Abettor present when offence is committed) of the
Indian Penal Code, 1860 (IPC). Charge-sheet was filed by the Police and the case
went before the Learned Additional Sessions Judge for trial. Thereafter, the
Appellants pleaded not guilty. During the trial, the prosecution side had examined
seven witnesses, all of whom gave incriminating evidence against the
Appellants in their statement under Section 313 of Code of Criminal Procedure
Code, 1973 (Cr.PC). The Appellants
however totally denied the case of the prosecution.
Trial Court:
As a result, the
Learned Sessions Judge, Vadodara (Trial
Court) convicted the Appellants under Sections 306, 498A read with Section
114 of the IPC, vide its Judgment dated 27.07.2000.
High
Court:
The Appellants filed an Appeal against the Trial Court
Judgment dated 27.07.2000 before the Hon'ble High Court of Gujarat at Ahmedabad
(High Court). The High Court observed
that the evidence produced by the prosecution clearly indicates the Deceased
was subjected to mental and physical cruelty by the Appellants on the account
of non-fulfillment of demand of Rs. 25,000/- and, therefore, the Judgment and Order
of conviction passed by the Trial Court was confirmed. The High Court vide its
Order dated 28.12.2018 convicted the Appellants under Section 498-A and Section
306 of the IPC.
Being aggrieved, the
Appellant filed an Appeal before the Supreme Court against the final
Order and Judgment dated 28.12.2018 passed by the Hon'ble High Court. It was
contended by the Sate that all the ingredients necessary for conviction under
Section 306 of the IPC stands proved with the aid of Section 113-A of the
Evidence Act, 1872 as such the present Appeal deserves to be dismissed.
To read more, please visit the link below:
https://theindianlawyer.in/supreme-court-observes-that-law-does-not-disqualify-relatives-to-act-as-witness/
#supremecourt #relatives #witness #lawyered
A Two Judge Bench of the Hon’ble Supreme Court of India of Justices Dr. Dhananjaya Y. Chandrachud and M.R. Shah passed a Judgment dated 07-09-2021 in the case of Shakuntala Shukla v. State of Uttar Pradesh read more
A Two Judge Bench of the Hon’ble Supreme Court of India of Justices Dr. Dhananjaya Y. Chandrachud and M.R. Shah passed a Judgment dated 07-09-2021 in the case of Shakuntala Shukla v. State of Uttar Pradesh and Another Criminal Appeal No. 876 of 2021 and observed that the High Court of Judicature at Allahabad (High Court) erred in releasing the Accused on bail pending appeals against the Judgment and Order of conviction for the offences under Sections 302/149, 201 r/w 120B of the Indian Penal Code (IPC).
In the present case, one Kripa Shankar Shukla alias Bajrang Shukla was found dead on 28-10-1995. An Application was moved at the Police Station and an inquest report was prepared on 15-11-1995, however, no proper investigation was done in the matter. On 13-12-1995, Shakuntala Shukla (Appellant) moved an Application before the President of India and thereafter, Special Secretary, Ministry of Home Affairs, Government of Uttar Pradesh, Lucknow directed for investigation of the matter by CB-CID. Subsequently charges were framed and the four Accused were convicted by the Trial Court for the offences under Sections 302/149, 201 r/w Section 120B of the IPC arising out of Case Crime No. 103/96, Police Station Bansdeeh, District Ballia and vide Judgment(s) and Order(s) dated 08-02-2018 and 09-02-2018 they were sentenced to undergo life imprisonment by the learned Additional Sessions Judge.
Aggrieved and dissatisfied with the Judgment and Order of conviction and sentence passed by the Trial Court imposing the sentence of life imprisonment, Criminal Appeals were preferred before the High Court.
In the Criminal Appeal No. 1283/2018, which was preferred by one of the Accused, a Criminal Miscellaneous Bail Application being Bail Application No. 1A/1 of 2018 was moved wherein a prayer was made for bail during the pendency of the criminal appeal. Subsequently, the Bail Application was allowed and vide impugned Order dated 06-12-2018, a direction was passed to release the Accused on bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court. The Order dated 06-12-2018 was followed and on the grounds of parity, other three Accused were also released on bail by a coordinate Bench.
Aggrieved by the impugned Order
dated 08-02-2018 passed by the High Court, the Appellant preferred Criminal
Appeals in the Hon’ble Supreme Court of India. After taking into consideration,
the arguments advanced by the parties to the dispute, the Apex Court observed
that order granting bail to the Accused pending appeal lacked clarity as to
which part of the Judgment and Order can be said to be submissions and which
part can be said to be the findings. The High Court did not even refer to the
Counter Affidavit which was filed on behalf of the State opposing the bail
pending appeal. In this regard, the Bench made the following observation:
To read more, please visit the link below:
https://theindianlawyer.in/supreme-court-sets-aside-high-court-conviction-due-to-lack-of-clarity/
#supremecourt #highcourt #bail #conviction #lawyered
The Two-Judge Bench of the Supreme Court has in a recent case of Dr. Harish Kumar Khurana vs Joginder Singh & Ors. passed a Judgment dated 07-09-2021, wherein, read more
The Two-Judge Bench of the Supreme Court has in a recent case of Dr. Harish Kumar Khurana vs Joginder Singh & Ors. passed a Judgment dated 07-09-2021, wherein, the Apex Court reiterated the factors to be considered in medical negligence cases.
In this
case, Mrs. Jasbeer Kaur (Patient) was diagnosed with kidney stone in her
right kidney at the Appellant Hospital on 08-10-1996. Dr. Rajeev Kumar Majumdar
advised the Patient to undergo surgery. She came back to the Hospital again on 03-12-1996,
when she was diagnosed with kidney stone in her left kidney as well and was
further informed that the right kidney was severely damaged. So, the Patient
was again advised to undergo surgery. The Patient then got admitted in the Hospital
on 06-12-1996. Dr. Harish Kumar Khurana informed the Patient and
her family members that surgery would be done on the kidneys one at a time due
to severity of damage. Hence, left kidney would be operated first, as the
chances of complete removal of right kidney were high. The Hospital obtained an
informed consent for a ‘high risk surgery’ from the Patient and her husband on
09-12-1996. Dr. Harish Kumar Khurana and Dr. Rajeev Kumar
Majumdar successfully operated on the left kidney, after which the Patient’s
condition improved by 12-12-1996, as per the Hospital Authorities. Hence, the surgery
for right kidney was scheduled for 16-12-1996. However, as soon as the Patient
was taken inside the Operation Theatre and was administered certain injections,
her condition deteriorated and she went into cardiac respiratory arrest. As per
the Hospital Authorities, she was later put on automatic ventilator support and
shifted to critical care unit, but the Patient passed away on 23-12-1996.
Thereafter,
the Appellant-Hospital raised issues regarding payment of balance medical bills
and later, filed a Suit for Recovery on 13-08-1997 against the Patient’s husband.
But the Patient’s husband led a demonstration at the Hospital along with his
co-workers on 06-02-1997 and filed a criminal complaint against the Appellant
Hospital on 27-09-1997.
Thereafter, the Patient’s husband and children filed a Complaint / Petition before the National Consumer Dispute Redressal Commission (NCDRC) against the Appellant Hospital Authorities on 06-12-1997 in the matter of OP/289/1997 Joginder Singh & Ors. vs Dr. Rajeev Kumar Majumdar and Others, thereby, alleging medical negligence and claiming compensation. The Complainants alleged that the Hospital Doctors were liable for medical negligence as they did not pay heed to her poor tolerance to anaesthesia. Moreover, based on the Doctrine of Res Ipsa Loquitor, which states that a court can infer negligence from the very nature of the accident or injury, in case there is no direct evidence to show how the defendant behaved, the Doctors may be held liable for medical negligence.
To read more, please visit the link below:
https://theindianlawyer.in/supreme-court-reiterates-factors-to-be-considered-in-cases-of-medical-negligence/
#supremecourt #factors #medicalnegligence #lawyered
On September 6, 2018, the Apex Court of India ruled that consensual homosexual acts would no longer constitute a crime. The historic move reversed Section 377 of the Indian Penal Code, 1860 which was read more
On September 6, 2018, the Apex
Court of India ruled that consensual homosexual acts would no longer constitute
a crime. The historic move reversed Section
377 of the Indian Penal Code, 1860 which was a legacy of British colonial
rule
Today, homosexuality and queer
identities may be acceptable to more Indian youths than ever before, but within
the boundaries of family, home, and school, acceptance of their sexuality and
freedom to openly express their gender choices remain a constant struggle for
LGBT (lesbian, gay, bisexual, transgender) people.
As Section 377 of the Indian Penal Code was removed, but there is a wide gap in
implementing a policy for the LGBTQ community and make a better environment for
them. Right now, they are facing many issues that are underline in the below
section:
Alternative dispute resolution which resolves the
disputes amicably outside the court could be considered to solve the civil
disputes of the LQBTQ community, because of the lack of standard court proceedings. Amidst the tedious time-consuming court
procedures, the Alternate Dispute Resolution Mechanisms are boon to the
fast-moving world including LGBTQ people. Speedy and disputant-friendly methods
are the most significant advantages of the ADR mechanism. There are various
kinds of Alternate Dispute Resolution Mechanisms such as Arbitration,
Mediation, settlement conferences, neutral evaluation, Lok Adalat, etc. One
such frequently adopted dispute resolution method in India is Mediation.
Mediation ensures confidentiality between the parties and the mediator
(impartial third party). The mediator communicates using specialized
communication techniques to the disputant to resolve the issue.
Since LGBTQ issues significantly cover the
relationship problems, mediation can be adopted to resolve it which happens
confidentially in a closed circle. Till date, the enforceability of resolution
through ADR mechanism in India is constrained with commercial disputes, which
has to be reviewed to widen the scope of ADR. Since the matrimonial and the
other relationship disputes are to be handled confidentially, mediation and
other relevant ADR mechanisms suits well to decide on such kind of sensitive
disputes.
PERMANENT CHILD CUSTODY“Legal Custody”, in a family law context, is a type of Child Custody that grants a parent the right to make long-term, important decisions regarding their children. The issue read more
PERMANENT CHILD CUSTODY
“Legal
Custody”, in a family law context, is a type of Child Custody that grants a
parent the right to make long-term, important decisions regarding their
children. The issue of ‘Child Custody’ arises during judicial separation
or divorce proceedings, where it becomes an important issue to be solved by the
courts. It refers to the process of caring, controlling, and maintaining
the child of age less than 18 years by the custodial parent to whom the
Court has granted the rights under the decided parameters such as
lifestyle, financial security, and understanding with a child etc. The major
rights of nurturing the child with respect to medical, education, development
physically and emotionally etc., lies with the parent having custodial rights
while the non-custodial parent holds only the right to access and meet the
child. Generally, both the parents are provided with the right of access
to the child, but usually, the physical custody of the child is granted to
one parent only. While deciding this, the Family Courts need to keep the
best interests of the child paramount importance.
Types of Child Custody in India
In India,
in several innumerable cases, it has been held that the child's best
interest in a case of Child Custody needs utmost importance, surpassing every
legal provision laid down. The Court grants this right to child
custody either to both or one of the parents under certain rules and
regulations. The Law in India allows parents to seek child custody according to
the below-mentioned forms:
Physical Custody:
Here, the
child lives with the custodial parent and undertakes all the daily activities.
Joint Physical Custody:
In this
custody, the child lives with both the parents for a significant period and both
the parents have equal rights over the child.
Sole Custody:
Here, the
entire right of living with the child lies with one parent only. This custody
happens in cases where the other parent’s nature is either abusive, violent, unstable
or incapable.
Third-Party Custody:
None of
the biological parents has a right over the child in this custody, and the Court
grants the child custody to a third person.
Custody of the child to the father
The
battle of custody for fathers can sometimes be challenging. Despite most courts
having discarded the older notions of making the mother the primary caregiver, still
many persons in society still hold such notions. It is believed that, in India,
no one is a better caregiver than a mother. Unfortunately, this is not true all
the time. Although, while deciding the custody, the mother is given the first
priority, the father can get the custody in the following ways:
Ø
The father may get custody of the
child if the mother is willing to give up the custody.
Ø
If the mother is mentally unstable,
then the father is the next person who will get the c child custody.
Ø
If the child is above the age of 13
years and expresses his wish to stay with the father, the Court shall grant
custody to the father.
Ø
The father will get custody in
situations where the mother has an immoral character that may affect the child.
Ø
If the father proves that the
mother is financially incapable, that may affect the child's future upbringing
and might not take proper care of the child.
Ø
If the father proves that the mother
has a dark background and if the child stays with her, it will prove to be
fatal to the upbringing of the child and may even affect his mental and
physical growth.
Ø
The custody of the child will go
to the father if the mother is a convict herself.
In [1]Sanju V. Sobhanath, the Allahabad
High Court gave the Father custody of the child because he has a better
financial condition than the mother. But the points as mentioned above are not exhaustive as it varies
depending on facts and circumstances in different cases.
In
Tejaswini Gaud v. Shekhar Jagdish Prasad Tewari (May 6, 2019), The Supreme
Court observed that, in determining the issue of custody of a minor child, the
paramount consideration is the `welfare of the child' and not the rights of the
parents under the statute for the time being in force. But the welfare of the
child should not be measured by money nor merely by physical comfort. The word
‘welfare’ must be considered in its widest sense. The religious or moral welfare
of the child, the physical well-being and the tie of affection. If the custody
is not granted to the respondent (father), the court would be depriving both
the child and the father of each other’s entitled love and affection and since
the child is in tender age of 1½ years, her choice cannot be ascertained at
this stage. It was observed that the father was the child's natural guardian,
and he would be entitled to the custody of the child, and the appellants had no
legal right to the custody of the child. Thus, the respondent (father), was
entitled to the custody of the child since the child needs care and affection
of the father.
Here, the question arises whether a father can fight
for a Child’s Custody if his name is not on the Birth Certificate?
The father’s
name is listed on a birth certificate or not can have a significant impact on his
custody rights. In most cases, if the person’s name has been listed as the
child’s father on his birth certificate, courts will conclude without question
that he is the child’s legal father. The father will then be granted various
custody rights considering to be the legal father of the child. In many
cases, if the person is not the child's biological father, but if his name is
listed as the child’s father on the birth certificate, courts may still grant him
custody rights. The Court may also impose various duties on him, such as paying
for the child support if this arises in the future. But if the father’s
name is not listed on the child’s birth certificate, the Court may often not
grant any custody rights over the child to the father, be it partial or full
custody. If he wishes to gain legal rights and is also the child's biological
father, he will have to undergo a paternity test to prove to the Court that he
is the biological father.
CONCLUSION
The
custody battle can be difficult to win for a father, although the courts do not
discriminate against fathers. Whether a father is going for the full custody or
joint custody, he should be prepared for difficult child custody combat,
especially in cases where the child's mother is also fighting for custody. For
a father to get custody, he should timely pay all the payments for child
support, build a strong relationship with him, give him respect and also to the
mother. The father must maintain accurate records attending all-important
school and social gatherings to make sure everything he is doing provides a good
life to his child. A child is mostly attached with his mother, so when a father
decides to have custody, he must think about the child’s wish as well and what
would be good for his life because custody battles are already traumatic and an
exhausting experience for a child to go through. In the case of [2]Y. Varlakshmi V. Y. Kanaka Durga Prasad,
the Andhra Pradesh High Court observed that the child was happy with the
father, so he was given custody. Therefore, the first priority of a father must
be to make sure that everything he is doing for his child is to provide him
happiness and a good life.
*****
VALIDITY OF AN UNREGISTERED SALE AGREEMENTA Sale Agreement constitutes all the terms and conditions of the sale of a property (movable or immovable) to the buyer. Under the Indian Registration Act, 1908, read more
VALIDITY OF AN UNREGISTERED SALE AGREEMENT
A Sale Agreement constitutes all the terms and conditions of
the sale of a property (movable or immovable) to the buyer. Under the Indian
Registration Act, 1908, an agreement for the transfer of rights of immovable
property of value more than Rs. 100/-, is required to be registered. Section
54, under the Transfer of Property Act, 1882, defines Sale as a transfer of
ownership for a price and in case of transfer of immovable property of a value
exceeding One Hundred Rupees, can be done only through a registered instrument.
This is important to note that Section 54 only mandates registration of the
sale deed, i.e., only the instrument that helped in the sale of the property
but does not mandate the registration of Agreement to Sale (ATS). An
unregistered sale deed without the delivery of property will not be enough
since the document must be registered. Thus under Section 54, such an
unregistered sale deed, although valid under the Registration Act, will not be
able to confer the title on the purchaser.
Validity
of the Unregistered Sale Agreement
Unregistered Sale Agreement is enforceable in Law, and any
shortage of stamp charges can be paid through the Court’s order. Such an
agreement will be valid for three years from the execution date. In case of a
negative clause in the agreement, for instance, it is mentioned in the
agreement that the buyer has to get the property registered within three months,
then the limitation period is extended by such a period. It is in the party’s
interest to comply with the following negative clauses that may favour him in
the agreement:
Ø In an unregistered sale deed, the party has to issue a
revocation notice for cancellation of agreement despite the agreement being
cancelled because of flux in time to cancel the agreement validly.
Ø This depends on the clauses framed in the agreement, but it
is advisable to refund the advance taken.
In case a document is not accompanied by delivery of
possession but is executed for the sole purpose of conveying the property, it
is necessary that the document is registered since a registered document is not
compulsory to be accompanied by the delivery of possession. Here the question
arises, in the case where there is an unregistered instrument and delivery of
possession, whether the transferee who is claiming to refer to both will not
fall back on that delivery of possession. The purchaser might have his claim on
the title, preceding the execution of the oral agreement to sale, which is
unregistered, and the delivery of possession. Since the delivery of possession
is considered part of the sale transaction, the registered sale deed can be a
surplus, and the delivery of possession will be sufficient to confer the title.
Therefore, the conditions mentioned under Section 54 must be
fulfilled if the delivery of property takes place. The formalities stated under
Section 54 are:
Ø During the sale of an immovable property, whose value is Rs. One
hundred or above, the sale deed has to be registered.
Ø If the value is less than Rs. 100, this may be either by a
registered deed or by delivery of property because the aim is to give publicity
to the respective transaction.
There should be no vitiation of the transaction, on the sole
ground that there was no proof of oral agreement, which was accompanied by the
delivery of possession preceding the execution of the unregistered sale deed
where the property is delivered. If the oral sale is there along with the
delivery of possession, then the transaction is regarded as complete.
In the case of 'Mahomed
Yaouoob Ally v. Chhotey Lal', AIR 1939 Pat 218, it was held that the sale
of an immovable property whose value is below Rs. 100, through an unregistered
sale deed, it is not mandatory that the delivery of possession be co-existent
with the execution of the sale deed. Thus, the sale would be valid even if
delivery of possession of the property is in pursuance of the sale deed after
its execution. Even in the case cited, 'AIR
1937 Mad 265', it was held that if the sale is for less than Rs. 100, the
non-registration will not be consequential to the validity of the transfer if
the transferee is able to set up an oral sale, and the delivery of possession
will be in fulfilment thereof. Therefore it can be regarded as independent of
the other. Consequently, it is necessary to file a suit to get the deed
registered through court.
Recently, the Supreme Court
upheld a Trial Court order that allowed the plaintiff to file the suit on
evidence of the insufficiently stamped and unregistered agreement of sale for
the recovery of money that has to be paid by him during the execution of the
Agreement for Sale.
The major issue before the Supreme
Court was whether an unregistered sale agreement could be viewed for collateral
purposes under Section 49 of the Registration Act of 1908. The bench was
considered the appeal against the High Court of Madhya Pradesh, which set aside the order by the Trial Court, referring to Avinash
Kumar Chauhan v. Vijay Krishna Mishra judgment.
Justice
Navin Sinha and Justice BR Gavai, in Prakash Sahu vs Saulal, noted
that the Trial Court had referred to the judgment in S. Kaladevi vs V.R. Somasundaram to allow the plaintiff to lead evidence on an insufficiently stamped
document. In this judgment, it was held that:
·
A document necessary to be registered, if it is unregistered, will not be
admissible as evidence as per Section 49 of the 1908 Act.
·
Such an unregistered agreement can still be used as evidence for
collateral purposes as per the proviso mentioned under Section 49 of the Registration
Act of 1908.
·
The collateral transaction must be independent of the transaction to
give effect to the law that is required to be registered.
·
A collateral transaction should be a transaction that is not itself
required to be effected by a registered document but is a transaction that
creates any right, or title or interest in the immovable property of value of
one hundred rupees or above.
·
If a document is inadmissible as evidence for want of registration, then
none of its terms can be admitted as evidence, and to use a document for
proving an important clause will not be used as a collateral purpose.
·
An agreement required to be registered, if it is unregistered, can be
admitted as evidence of the contract for a suit of specific performance.
Conclusion
Earlier, the industry practice was that in case of absence of
the legal provision, an Agreement to Sale of an immovable property, which is
executed between the individuals that may be developers or allotters, was not
registered. Since there was no mandate by the law for registration, the
Agreement to Sales also did not face the consequences, according to Section 49
of the Registration Act. But, subsequently, the courts, especially the consumer
foram, gave effect to such an unregistered Agreement to Sales.
However, as per the current legal scenario, a non-registered document that is mandatory to be registered has serious consequences since the party seeking its enforcement will not be able to rely on the document to prove its contents. This process may deprive the party of enforcing their contract.
Bengaluru, India
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"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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