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In video No 3, Senior Advocate Fali Nariman comments that the heart governs the head very often. A lawyer must have a mix of heart and head. An advocate must have the ability, competence and confidence read more
In video No 3, Senior Advocate Fali Nariman comments that the heart governs the head very often. A lawyer must have a mix of heart and head. An advocate must have the ability, competence and confidence to admit that his case is weak . On a question, whether it is the Constitution which has failed us or it is we who have failed the Constitution, he recalls a saying by the then President Dr Rajendra Prasad that if the people who are elected are capable and men of character and integrity, then they would be capable of making do even with a defective constitution. Asked to name the three most competent Chief Justices of India, according to him, he names Justices K Subba Rao and MN Venkatachaliah. He further adds the name of Justice Sudhi Ranjan Das, even though he had never appeared before him. Fali Nariman is a senior Advocate and renowned jurist. Awarded with a Padma Bhushan (1991) and Padma Vibhushan (2007), he was an Additional Solicitor General of India from May 1972- June 1975. Now aged 94, he is one of India's most distinguished constitutional lawyers.
The above event is one of the most coveted competition for the law students.Was immensely pleased to attend the semifinal moot as a Judge on Sunday, 24 Sep 2023 at the Indian Society of International read more
The above event is one of the most coveted competition for the law students.
Was immensely pleased to attend the semifinal moot as a Judge on Sunday, 24 Sep 2023 at the Indian Society of International Law, New Delhi. The annual event is jointly organized by the International Committee of the Red Cross and the ISIL. Front ranking law colleges in India nominate their teams for it. The participants had laboriously prepared hard for the competition and put in their best. The winners get to take part in the trans-national rounds.
The moot problem was based on an armed conflict situation witnessing war crimes leading to pre-trial chamber jurisdiction of the ICC. The other two co-Judges were Dr Sunod Mathew Jacob, Prof Anupam Jha of DU.
Gunjan Chawla from ICRC Regional Delegation and Asst Prof Vinai Kumar Singh from ISIL assisted by their colleagues had meticulously worked hard to make it a success.
Also met and interacted with Professors Manjula Batra and Manoj K Sinha, Sr Adv Sanjay Parikh, Dr Chandra Jeet and other invitees.
In Video Number 3 relating to the course on law and economics, the desired pedagogy for teaching the course has been explained. The students should have an elementary knowledge of elementary economics. read more
In Video Number 3 relating to the course on law and economics, the desired pedagogy for teaching the course has been explained. The students should have an elementary knowledge of elementary economics. They need to be taught the subject by use of examples and explanations. Prior understanding of calculus would certainly be beneficial. The course must commence by bringing out the preliminaries and the aspects concerning economic analysis of law together with the provisions relating to torts, contracts and property law. Related to this would be a discourse on acquisition of private property and also the crime and punishments. This video contains details of a few useful books for teaching of the subject.The list has been inserted with the link given as under. https://drive.google.com/file/d/18E7Q07Yu65HCnPtCto3yeknfHieERuIj/view?usp=sharing Lastly, this course must form part of the basket relating to international law. Common examples would be used of the positions existing in the UK, USA and India.The problems discussed would appear more or less similar. The video also covers the areas which may offer a scope for employment to the students. Professor Satish K Jain is one of the foremost economists in India. He was part of the faculty at the Center for Economic Studies and Planning at Jawaharlal Nehru University for more than three and a half decades. He also served as Reserve Bank of India chair professor and national fellow for the Indian Council of Social Science Research. He has authored a number of authoritative and referral texts relative to his subjects.His teaching and research interests includes social choice theory, and law and economics. Malabika Pal is associate professor of economics at Miranda House, University of Delhi. She had earlier worked as associate professor in Law and Legal Studies, the School of Law, Governance and Citizenship at Ambedkar University, Delhi. Her research interests are in the fields of law and economics, and international finance. Her book 'Economic Analysis of Tort Law -The Negligence Determination' was published by Routledge in 2020.
A full bench consisting of all 15 Judges of the Pakistan Supreme Court heard petitions yesterday, 18th September, challenging the validity of the Supreme Court ( Practice and Procedure ) Bill 2023 made read more
The Chief Justice of Pakistan, Umar Ata Bandial, retired yesterday, 16th September, 2023. What is his legacy ? How will he be remembered ?No Judge is perfect. Some are short tempered and rude in court, read more
1. What is the meaning of a Leave and License Agreement? A leave and license agreement authorizes the licensee to use and occupy the licensor's immovable property/a portion of read more
1.
What
is the meaning of a Leave and License Agreement?
A
leave and license agreement authorizes the licensee to use and occupy the
licensor's immovable property/a portion of it, for a limited time. This
agreement specifies whether such property will be used for residential or
commercial purposes. The licensee pays the licensor, license fees for this use.
2.
What
is the difference between lease and license?
·
A lease gives an
exclusive interest in the property whereas license does not.
·
A lease can be assigned
to a third person, while a license being a personal right cannot be so assigned
/ transferred.
·
A lessee can bring an
action for trespass in his own name but a licensee cannot do the same. He must
do so in the name of the licensor after obtaining his permission.
·
A lease is not
revocable whereas a license is revocable
3.
Why
is Leave and License Agreement required?
A
leave and license agreement is not the same as a rental or lease agreement. In
leave and license, the owner leaves the property with various amenities and
grants the licensee the right to use it. The owner would return once his
license period is over. Leave and license agreements are legal documents that
record the parties' promises, terms, and conditions. These terms bind the
parties to carry out the agreement's obligations. These obligations include the
licensee's obligation to pay the security and consideration for using the
property. As this
agreement is a legal document, failure to fulfill these contractual obligations
can result in legal disputes and penalties.
4.
What
should the terms of a Leave and License Agreement include?
· Parties'
relevant personal information, such as full names and residential addresses
· Specifics
about the property in question
· Lock
in Period
· Payment
of consideration/License Fee details
· Duties
and responsibilities of the parties and between them
· Term
of the agreement
· Details
about Security deposit, maintenance, electricity, and water charges, etc.
· License
revocation and renewal
· Describing
the penalty clause, if either party fails to fulfill its obligations
· Fixture
details and property schedule
· Termination
of the agreement
· Applicable laws, Dispute resolution clause, etc.
5.
What
is the locking period in the Leave & License Agreement?
The
Locking period is a mutually decided duration between the parties under which
parties are restricted to break the agreement. If any party breaks the
agreement before the completion of this duration then that party will need to
compensate the other party.
6.
What
are the documents Required for Leave and License Agreement?
The
parties' IDs should be scrutinized in order to confirm the names and permanent
addresses of the licensor and licensee. Documents presenting the licensor's
clear title to the property in question should be examined as well.
Proprietorship: Required Documents –
· PAN
Card and Aadhaar Card of Licensor/s (Owner of the property)
· Aadhaar
Card and/or any ID Proof of Licensee/s (Proprietor)
· Aadhaar
Card and/or any ID Proof of two Identifiers
· Electricity
Bill or Tax Receipt of the Licensed Premises
In case
the Party is a Company –
· Board Resolution
· Company PAN and CIN Numbers
· Aadhaar of Authorized Signatory
In Case
the Party is a Partnership Firm –
· Partnership Deed
· Authority Letter
· PAN Card Number of Partnership Firm
· Aadhaar of all Partners or Aadhaar of Authorized
Partner.
7.
What
are the legal considerations for Leave and License Agreement?
A
leave and license agreement is required to be printed on stamp paper of correct
value, as per the laws in different States. A
properly stamped and registered leave and license agreement is admissible in
court.
8. Leave and License
Agreements is governed by which Act?
The
Indian Easements Act of 1882 governs leave and license agreements.
For
more information, please contact us at +91
9810929455 or via email at info@soolegal.com.
In the intricate and often perplexing world of the law, the role of an expert lawyer cannot be overstated, especially when it comes to navigating the labyrinthine process of High Court appeals. Legal read more
In the intricate and often
perplexing world of the law, the role of an expert lawyer cannot be overstated,
especially when it comes to navigating the labyrinthine process of High Court
appeals. Legal battles at this level demand not only a profound understanding
of the law but also a mastery of the art of advocacy. It is in this challenging
arena that an expert lawyer's skills shine the brightest, making the difference
between success and disappointment. In this blog post, we'll delve into the
artistry of an expert lawyer when handling High Court appeals.
**1. Understanding the
Terrain:
**2. Thorough Case
Analysis:
**3. Crafting a
Persuasive Argument:
**4. Effective Legal
Research:
**5. Courtroom
Presence:
**6. Attention to
Detail:
**7. Client-Centric
Approach:
**8. Negotiation
Skills:
**9. Persistence:
In conclusion, the art of
an expert lawyer for High Court appeals is a multi-faceted masterpiece. It
involves a deep understanding of the law, meticulous preparation, persuasive
advocacy, and unwavering dedication to the client's cause. Much like a skilled
artist who brings a canvas to life with their brush strokes, an expert lawyer
crafts legal success with their knowledge, skills, and artistry. When facing
the complexities of a High Court appeal, having such an attorney by your side
can make all the difference in the world.
Feel free to write to us
at mail@lawyersonia.com or call +91 9845944896 if you wish to consult or
discuss your matter. “Sonia and Partners” is a Boutique law firm led by Adv.
Sonia Rajesh supported by a team of qualified and among the Best Lawyers in Bangalore
appearing for clients at both District Courts and High Court practicing in the
area of Family Law and Criminal defence serving Citizens of India, Overseas
Indians, NRIs and Global International Clients.
IntroductionWith the rapid advancement of technology and the ease of sharing and storing information in the digital realm, businesses face a significant challenge in safeguarding their confidential data. read more
Introduction
With the rapid advancement of technology and the ease of sharing and storing information in the digital realm, businesses face a significant challenge in safeguarding their confidential data. This sensitive information can encompass business strategies, client databases, designs, and more. Not all types of information qualify for patent or copyright protection, and some valuable data arises from day-to-day operations without formal protection sought. Protecting this information is increasingly challenging due to the various tools available for data transfer, both online and offline, and threats can come from external sources as well as internal ones, such as employees and contractors.
Trade Protection under Various Laws
While India lacks specific trade secrets legislation, the courts have upheld trade secrets protection under various legal frameworks. These include contract law, copyright law, equitable principles, and common law actions like breach of confidence. Section 72 of the Information Technology Act 2000 also offers limited protection for electronic records.
Contract Law: In India, individuals can be bound by confidentiality agreements not to disclose information shared with them in confidence. Courts have even extended protection in cases where no formal contract exists, invoking equitable jurisdiction to grant injunctions.
Copyright Law: Some Indian courts recognize systematically arranged data, like client databases, as copyrightable material under the Copyright Act of 1957. This protection extends to works involving intellectual effort and a minimum degree of creativity.
Judicial Rulings for the Protection of Trade Secrets
Although there's no specific trade secrets law, Indian courts and tribunals have upheld trade secret protection and actions against misappropriation. Breach of confidence and third-party unauthorized access to confidential information can lead to misappropriation. Courts have identified three sets of circumstances:
Indian courts have emphasized that, in the absence of legislation, they will protect trade secrets through common law to support businesses.
Remedies for Infringement of Trade Secrets
In cases of trade secret infringement, remedies may include injunctions or damages. Indian courts often lean toward granting injunctions, both interim and permanent, based on factors like the plaintiff's prima facie case, the balance of convenience, and the potential for irreparable injury.
Trade Secrets in Consonance with Intellectual Property Rights
Intellectual property rights in India have territorial jurisdiction, resulting in varying trade secret protection. Although the courts have not provided an exhaustive list, they emphasize the importance of secrecy over novelty.
Employees as Threats
Employees pose a significant threat to intellectual property protection. Companies are advised to continually innovate and transform their trade secrets to counter this risk.
National Innovation Act
India lacks specific trade secrets legislation, but the draft National Innovation Act aims to protect confidential information, trade secrets, and innovation. It promotes public-private partnerships and the codification of confidentiality laws.
Drafting Comprehensive Trade Secret Policies
Creating comprehensive trade secret policies for employees is essential to raise awareness of confidentiality issues and potential consequences of breaches.
Enforceable Agreements
Enforceable contracts and agreements that prohibit the wrongful disclosure and misappropriation of confidential information can effectively protect trade secrets.
Due Diligence and Non-disclosure Agreements
Conducting due diligence on employees and reviewing non-disclosure agreements can help maintain confidentiality.
Trade Secret Audits
Regular audits can identify significant trade secrets, verify ownership, and ensure that confidentiality procedures are consistently followed.
Defenses
Defendants in trade secret cases may use defenses such as general knowledge, parallel development, reverse engineering, innocent acquisition, public interest, or statutory obligation.
Conclusion
Trade secret protection in India is in its early stages, and developing robust legislation is crucial for creating a business-friendly environment. This protection is essential for off-shoring companies and entrepreneurs seeking opportunities in India, ensuring that their innovations and confidential information remain secure in a competitive landscape.
By Justice Markandey Katju, former Indian Supreme Court Judge, and Arifa Nadeem, a Pakistani attorneyDear CJP Bandial and Hon'ble Judges of Pakistan SC.We are appealing to you to take suo motu action read more
This case study examines the applicability of the objects and purpose of the Competition Act in the crucible of the Supreme Court of India's decision in the Swiss Challenge Method case. Swiss Challenge read more
This case study examines the applicability of the objects and purpose of the Competition Act in the crucible of the Supreme Court of India's decision in the Swiss Challenge Method case. Swiss Challenge Method is a distinct scheme adopted in a few cases in India. Under this method, any person, firm, association or private developer can approach the public authorities with an innovative proposal for development of the Government lands.
The Competition Act, 2002[1]
which received the assent of the President on 13th January, 2003 has been
enacted to prevent practices having adverse effect on competition, to promote
and sustain competition and to ensure freedom of trade. It would be interesting
to examine the applicability of the objects and purpose of this Act in the
crucible of the Supreme Court of India's decision[2] in
the Swiss Challenge Method case.
"Swiss Challenge Method[3]"
is a distinct scheme adopted in a few cases in India. Under this method, any
person, firm, association or private developer can approach the public
authorities with an innovative proposal for development of the Government
lands. The said proposal is scrutinized. If found to be technically and financially
viable, the proposal is accepted. The professed aim ostensibly was to
accelerate rapid growth in the housing sector by inducting private entrepreneur
through public-private partnership. In view of the resource crunch, the Maharashtra
Government decided to enter into joint venture agreements with private parties
for development of the government lands by invoking the Swiss Challenge Method.
Public tenders are then floated. The
person, who has voluntarily submitted a proposal for development of the
Government lands called the originator, comes to acquire the priority right to
the joint venture contract even if he is not the highest Tenderer. That is so
provided he agree to raise his bid to that of the highest Tenderer. In this manner,
the originator of the proposal is given the right of first refusal or right of first
choice to match the offer given by the highest Tenderer and bag the joint venture
contract even though he is not the highest bidder. On the other hand, if the
originator of the proposal declines the option, the contract is awarded to the
highest tendered whose bid is found to be most competitive. If the highest tendered
backs out, then the earnest money deposited by him stands forfeited. Arguably,
the policy is said to favor of public interest. The right of first refusal
contained in the Swiss Challenge Method is said to serve twin purposes.
Firstly, it boosts or encourages private participation in the development of
the government lands and secondly, the development contract is awarded at the
best competitive price ascertained from the bids received from the public
tender.
This method was at the center of controversy
of the case under discussion. Coming to the factual matrix of the actual case,
on 25th August, 2006, M/s. Ravi Developers submitted a proposal to the civil
authorities for development of certain land situated at Mira Road (District
Thane in Maharashtra). The land belonged to Maharashtra Housing and Area
Development Authority (in short MHADA), a body constituted by the State
Government. The potential available on the said land was 69,000 sq. mtrs. (Residential)
and 2,800 sq. mtrs. (Commercial). The originator offered to develop the said
lands at his own cost and give roughly one fourth area free of costs to MHADA.
Thereafter, a similar proposal was submitted
by M/s. Ravi Developers to the Chief Minister on 11th October, 2006. The Chief
Minister was also holding the portfolio of Housing at the time. The same day
the proposal was forwarded to the MHADA calling for a detailed report.
The proposal was accorded unusually
high priority by the officials. It was felt that the "Swiss Challenge
Method" was more desirable being totally transparent and open to public.
It was further stated that under the said method the originator of the proposal
gets a chance to develop the property by a democratic method provided he raises
his offer up to the bid made by the highest Tenderer.
On receiving approval from the
State Government, a public notice was issued inviting tenders for development
of the said lands. After holding pre-bid conference, the tenders received from different
parties were opened. The scrutiny of the tenders showed four persons to be
eligible Tenderers. The bid offered by the petitioner for development of the
lands was held to be the most competitive. This was so because the saleable
area offered to MHADA free of cost by the petitioner was double as compared to
the originator.
As per the notice about the Swiss Challenge
Method circulated by way of public notice, MHADA had called upon the originator
to exercise his right of first option. Within three days, he agreed to accept
the project on the terms offered by the highest Tenderer.
The highest Tenderer challenged the
denial of contract to him. He complained that the entire bidding process was devised
and designed with a mala fide intent to favor the originator. He claimed that
the authorities had adopted the Swiss Challenge Method only with a view to give
preferential treatment without any justification to the originator. It was further
contended that in awarding government contracts, the action of the authorities
ought to have been fair, transparent. It should have given level playing field
to all the eligible bidders. It should not be seen to be distributing largesse
to the favored persons.
The contract was challenged by
other bidders before the Bombay High Court on the ground that the recourse to
the Swiss Challenge method lacked transparency, level playing field, and
equality of opportunity, competitive bidding and fairness[4].
The right of first option given to the originator simply because he had approached
the Chief Minister had been unfair to the other participants. The contract
should have been awarded to the highest Tenderer. In the alternative, all the
four Tenderers should have been given an opportunity to raise their bids. The
contract should have been given to the bidder whose offer
was the highest.
It was also pointed out MHADA has been
established under a statute for the specific purpose of providing housing to
the lower and middle income group to mitigate acute shortage of housing. The joint
venture project entered into by MHADA with a favored private developer was
beyond the scope for which MHADA was established.
Relying upon the decision of the
Apex Court in the case of Sterling Computers Ltd. v. M&N Publications Ltd.[5],
it was urged that the public authority or the State Government cannot have
unfettered discretion and the doctrine of executive necessity had limited
application in such cases. The Wednesbury Principle[6] of
fairness in administrative decisions was shown to apply in the matters of awarding
government contracts by invitation of public tenders. Therefore awarding the
contract to the originator without any justification was liable to be quashed
and set aside.
The above arguments were countered
by the State Government. It was asserted that the policy of the Government to
enter into joint venture Public Private Partnership was purely in public interest.
It was intended to accelerate the rapid growth of the housing sector. The resource
crunch had left little option but to adopt Public Private Partnership (PPP) for
development in housing sector. There were adequate checks and balances provided
in the said scheme. The originator of the proposal was required to develop the
lands on the terms offered by the highest Tenderer. Consequently, the same
avoided scope of any loss to the exchequer. If the originator had declined to
accept the project then the highest Tenderer would have been called upon to
execute the contract, failing which the earnest money deposit was liable to be
forfeited. This methodology had ensured that the tenders submitted were realistic
and competitive. The originator of the proposal had conceptualized the entire project.
Thereby, precious time and money of the public authorities were saved in that
behalf. Therefore, Swiss Challenge Method introduced by the Government could
not be said to be unjust, illegal or contrary to law.
The Respondents further highlighted
that the Swiss Challenge Method had been introduced with the approval of the
government. Therefore, the public tender in question was issued with due authority.
The originator had been awarded the contract on the terms offered by the highest
Tenderer. Had he declined, then the contract would have been awarded to the
highest Tenderer. To conclude, there was complete transparency and no prejudice
had been caused to any one due to adoption of the novel scheme.
The High Court held the invocation
of the Swiss Challenge Method in the instant case to be "wholly unfair, unreasonable,
arbitrary, illegal and contrary to law". It quashed the contract awarded
to the originator.
The matter was then taken up to the
Supreme Court in appeal. Finally, it came to be decided by the judgment dated,
11th May, 2009.
The Court pointed out that in the
matter of inviting tenders and awarding Government contracts, public interest
is of paramount consideration. Undoubtedly, the Courts can intervene in policy
matters by applying the doctrine of proportionality, where the policy decision
is found to be arbitrary or discriminatory. The policy can also be upturned
where it was seen to be contrary to public interest for valid and good reasons
or held to be unreasonable.
In the matters of awarding
Government contracts, the doctrine of "level playing field" plays an
important role. Article 14 of the Constitution would apply in contractual
matters also. If the policy decision of the Government in a contractual matter
was found to suffer from the vice of fairness or reasonableness, then such an
act or decision would be unconstitutional.
Swiss Challenge Method introduced by the Government could not be
said to be unjust, illegal or contrary to law
The State Government had
consistently held that it had not suffered any loss by awarding the contract to
the originator. Such a view had failed to impress the High Court on many
counts. Firstly, there was every possibility that many genuine Tenderers may
not have participated in the tender activity with their competitive bid. Their
reservation could have been on account of the preferential treatment sought to
be given to the originator in the public tender. Secondly, the highest Tenderer
was willing to raise his bid further. However, he was not permitted and only
the originator was allowed to enhance his bid. The Government had thus suffered
financially by invoking the Swiss Challenge Method.
The Supreme Court ruled that the originator
was not conferred any preferential treatment by the State. Actually, he had
submitted an innovative proposal for development of the government land. His plan
which was found to be technically and financially viable. Earlier, the High Court
had recorded that actually his proposal did not contain any innovative development
plan for utilization of the government lands. He had only quantified the
balance potential available in respect of the said lands. Moreover, he had
expressed his willingness to develop the said lands at his own cost by offering
certain constructed area in the form of units for allotment to MHADA free of costs.
Consequently, conferring preferential treatment to the originator on the ground
that he had quantified the balance potential available on the said lands amounted
to treating the equals unequally which is not permissible in law.
The Supreme Court brushed aside the
High Court finding that granting
preferential treatment to the originator merely because he had approached the Chief
Minister would be opposed to rule of law. In the eyes of the High Court, it
cannot be said that the persons approaching the governmental authorities form a
distinct class so as to avail preferential treatment.
The Supreme Court held that in
adopting the impugned method proper public notice had been issued. All the
intending developers had offered their bid. The originator of proposal had been
given an opportunity to match the highest bid amount. After fulfilling all the
formalities, the contract was accepted in favor of the originator. Therefore,
the Government of Maharashtra had, in no way, suffered any financial loss or sidelined
the other developer's in awarding contract in favor of Ravi Development.
Where the policy decision of the Government
is to award contract for
development of the government lands on the basis of the free saleable area made
available to the administration, then, every Tenderer would have to be given a fair
opportunity to bag the contract by offering a most competitive bid and in such a
case, conferring preferential treatment to any particular Tenderer would be
wholly unfair, unreasonable, discriminatory and violate of Article 14 of the
Constitution.
The Supreme Court took notice of
the situation that Swiss Challenge Method is adopted in Chile, Costa Rica, Guam
(U.S. Territory), Indonesia, Korea, Philippines, South Africa, Sri Lanka, Taiwan
(China), Virginia (U.S.) and also in India by Andhra Pradesh, Rajasthan, Madhya
Pradesh, Chhattisgarh, Gujarat Uttaranchal, Punjab States and Cochin Port authorities.
The above information by way of an assertion shows that Swiss Challenge Method
is already in prevalence in various States in India as well as overseas.
However, the Supreme Court did not take care to find if there is any information
about the experiment being a success in those countries and whether it is still
being favored.
The Supreme Court proceeded to underline
that the decision to apply
Swiss Challenge Method clearly fell within the realm of executive discretion and
in this case the discretion was exercised after due application of mind. According
to the Court, the State of Maharashtra, after due deliberations and study of
the methodologies which were
prevailing in the country for dealing with suo
motu development proposals had decided to apply Swiss Challenge method to the
proposal of the originator, This method had been applied by the State Government
only on a pilot basis, The scheme was transparent in as much as all the parties
were well aware of the "right of first refusal" accorded to the "originator
of proposal". As per the method, which was known to all the parties, the
originator of the proposal must in consideration of his originator of his
vision and his initiative is entitled
to the benefit of matching the highest bid submitted. The said method was beneficial
to the government which did not lose any revenue as it had still got the highest
possible value. The Supreme Court accepted the plea that in view of financial
crunch and availability of undeveloped lands, National and State Housing
policies provide for the encouragement of private participation The State
Government was also well within its rights to try out on pilot basis a
methodology recognized
internationally as well as in India. Under such circumstances, the order of the
High Court was held to be unjustified where it struck out the Swiss Challenge Method
without allowing the State Government to exercise its executive discretion on a
pilot basis. According to the Supreme Court, it was not possible to reject the
claim of State of Maharashtra and MR.ADA. The shortage of land and increasing
cost in housing sector had led to the Central and State Governments to resort
to public private joint ventures. In the said category, Swiss Challenge Method
was the most acceptable and a democratic method as compared to other options.
In the concluding part of its
judgment, the Supreme Court decided that the pilot project or the initiative taken
by the Government of Maharashtra along with MHADA to encourage Public Private Participation
was in accordance with the need of the time as well as a laudable effort. Strangely,
in the same breath, the Court declared that to make it an effective approach
Swiss Challenge Method or any other encouraging concept should be duly publicized
first. "The effort of Public Private Participation can only be possible
when private entities are aware of such scheme." It is difficult to
imagine what was the cause for such an observation? If the scheme was actually
well formulated, transparent and fairly executed then what led the highest
Court to make this comment.
The Court went on to state, also in
the scheme of availing a new system thorough rules and regulations are needed
to be followed otherwise unfairness , arbitrariness or ambiguity may creep in.
In order to avoid such ill- effects, the State Government is suggested to
consider the following aspects:
(1) The State/ Authority shall publish in advance the nature
of Swiss Challenge Method and particulars;
(2) Publish the nature of projects
that can come under such method;
(3) Mention/notify the authorities
to be approached with respect to the
project plans;
(4) Mention/notify the various fields
of the projects that can be
considered under the method;
(5) Set rules regarding time limits
on the approval of the project and
respective bidding;
(6) The rules are to be followed
after a project has been approved by the respective authorities to be considered
under the method.
(7) All persons interested in such developmental
activities should be given equal and sufficient opportunity to participate in
such venture and there should be healthy inter
se competition amongst such developers. These suggestions are not exhaustive
and the State is free to incorporate any other clauses for transparency and
proper execution
of the scheme. The State Government is suggested to frame
regulations/instructions on the above lines and take necessary
steps thereafter in future.
Surely, there could not have been
any occasion for the Apex Court to make these observations, if all was well
with the award of contract. It was outside and beyond the call of the Supreme
Court to delve into the domain of executive policy. On the other hand, the remarks
about a
need for "health inter se competition, "incorporate
transparency" and "proper execution" raise doubts about the Apex
Court's care for adherence to best practices related to the competition regime
in this case. The judgment is silent whether the award of contract was examined
to determine if it showed abuse of dominance.
The Competition Act, 2002 prohibits
anti-competition agreements and abuse of dominant position by enterprises. It
also prohibits any agreement which causes or is likely to cause, appreciable
adverse effect on competition in markets in India. Any such agreement is void.
The
decision has raised a number of interesting questions. To illustrate,
whether the Court had taken into consideration the import of competition law?
Whether any scheme though lacking any innovation can still be considered for
Swiss Challenge Method? Whether the countries like Chile, Costa Rica etc. which
have recognized the Swiss Method also practice the competition regime?
The High Court had opined that the Government of Maharashtra had been put to financial loss. However, based on the same documents the Supreme Court recorded an opposite finding! It is hoped that numerous queries emanating from the Swiss Challenge case would find answer at a future data specially, from the stand point of competition law.
Copyright © Nilendra Kumar
[1] Act No 12 of 2003
[2] Ravi Development v. Shree
Krishna Prathisthan MANU/SC/0994/2009:
(2009) 7 SCC 462
[3] According to Wikipedia, the
free encyclopedia, a "Swiss Challenge" is a form of public 172
procurement in some (usually lesser developed) jurisdictions which requires a
public authority (usually an agency of government) which has received an
unsolicited bid for a public project (usually a port, road or railway) or
services to be provided to Government, to publish the bid and invite third
parties to match or exceed it. It 1s an offer made by the original proponent to
the Government ensuring his process to be best by his initiative (as a
result of his own innovative approach) or on the demand of the Government to
perform certain task.
[4]
High Court of Bombay
W.P. (L) No. 2714 of 2007 with PIL No. 72 of 2007
[5] MANU/SC/0439/1993: 1993 (1)
sec 445
[6] Wednesbury Principle
relates to an English case law which set down the standard of unreasonableness
of public body decisions which render them liable to be quashed on judicial
review. To have the right to intervene, the court would have to form the
conclusion that:
• The authority taking the decision took into account factors that ought not to
have been taken into account, or
• The authority failed to take in account factors that ought to have been taken
into
account, or
• The decision was so unreasonable that no reasonable authority would ever
consider imposing it.
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SoOLEGAL Transaction Services Agreement :
By registering yourself with SoOLEGAL, it is understood and agreed by you that the Terms and Conditions under the Transaction Services Terms shall be binding on you at all times during the period of registration and notwithstanding cessation of your registration with SoOLEGAL certain Terms and Conditions shall survive.
"Your Transaction" means any Transaction of Documents/ Advices(s), advice and/ or solution in the form of any written communication to your Client made by you arising out of any advice/ solution sought from you through the SoOLEGAL Site.
Transacting on SoOLEGAL Service Terms:
The SoOLEGAL Payment System Service ("Transacting on SoOLEGAL") is a Service that allows you to list Documents/ Advices which comprise of advice/ solution in the form of written communication to your Client who seeks your advice/ solution via SoOLEGAL Site and such Documents/ Advices being for Transaction directly via the SoOLEGAL Site. SoOLEGAL Payment Service is operated by Sun Integrated Technologies and Applications . TheSoOLEGAL Payment System Service Terms are part of the Terms & Conditions of SoOLEGAL Services Transaction Terms and Conditionsbut unless specifically provided otherwise, concern and apply only to your participation in Transacting on SoOLEGAL. BY REGISTERING FOR OR USING SoOLEGAL PAYMENT SYSTEM , YOU (ON BEHALF OF YOURSELF OR THE FIRM YOU REPRESENT) AGREE TO BE BOUND BY THE TRANSACTIONS TRANSACTION TERMS AND CONDITIONS.
Unless otherwise defined in this Documents/ Advice or Terms & Conditions which being the guiding Documents/ Advice to this Documents/ Advice, all capitalized terms have the meanings given them in the Transactions Transaction Terms and Conditions.
S-1. Your Documents/ Advice Listings and Orders
S-1.1 Documents/ Advices Information. You will, in accordance with applicable Program Policies, provide in the format we require. Documents/ Advices intended to be sold should be accurate and complete and thereafter posted through the SoOLEGAL Site and promptly update such information as necessary to ensure it at all times that such Documents/ Advices remain accurate and complete. You will also ensure that Your Materials, Your Documents/ Advices (including comments) and your offer and subsequent Transaction of any ancillary Documents/ Advice pertaining to the previous Documents/ Advices on the SoOLEGAL Site comply with all applicable Laws (including all marking and labeling requirements) and do not contain any sexually explicit, defamatory or obscene materials or any unlawful materials. You may not provide any information for, or otherwise seek to list for Transaction on the SoOLEGAL Site, any Excluded Documents/ Advices; or provide any URL Marks for use, or request that any URL Marks be used, on the SoOLEGAL Site. In any event of unlawful Documents/ Advices made available for Transaction by you on SoOLEGAL site, it is understood that liabilities limited or unlimited shall be yours exclusively to which SoOLEGAL officers, administrators, Affiliates among other authorized personnel shall not be held responsible and you shall be liable to appropriate action under applicable laws.
S-1.2 Documents/ Advices Listing; Merchandising; Order Processing. We will list Your Documents/ Advices for Transaction on the SoOLEGAL Site in the applicable Documents/ Advices categories which are supported for third party REGISTERED USERs generally on the SoOLEGAL Site on the applicable Transacting Associated Properties or any other functions, features, advertising, or programs on or in connection with the SoOLEGAL Site). SoOLEGAL reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the SoOLEGAL Site. We may use mechanisms that rate, or allow users to rate, Your Documents/ Advices and/or your performance as a REGISTERED USER on the SoOLEGAL Site and SoOLEGAL may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions. Transactions Proceeds will be paid to you only in accordance with Section S-6.
S-1.3 a. It is mandatory to secure an advance amount from Client where SoOLEGAL Registered Consultant will raise an invoice asking for a 25% advance payment for the work that is committed to be performed for the Client of such SoOLEGAL Registered Consultant. The amount will be refunded to the client if the work is not done and uploaded to SoOLEGAL Repository within the stipulated timeline stated by SoOLEGAL Registered Consultant.
b. SoOLEGAL Consultant will be informed immediately on receipt of advance payment from Client which will be held by SoOLegal and will not be released to either Party and an email requesting the Registered Consultant will be sent to initiate the assignment.
c. The Registered Consultant will be asked on the timeline for completion of the assignment which will be intimated to Client.
d. Once the work is completed by the consultant the document/ advice note will be in SoOLEGAL repository and once Client makes rest of the payment, the full amount will be remitted to the consultant in the next payment cycle and the document access will be given to the client.
e. In the event where the Client fails to make payment of the balance amount within 30 days from the date of upload , the Registered Consultant shall receive the advance amount paid by the Client without any interest in the next time cycle after the lapse of 30 days.
S-1.4 Credit Card Fraud.
We will not bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorised use of a third party's credit card information) occurring in connection with Your Transactions. We may in our sole discretion withhold for investigation, refuse to process, restrict download for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Documents/ Advices if we ask you to do so. You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.
S-2. Transaction and Fulfilment, Refunds and Returns
S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
1. Fulfilment by Registered User/ Consultant - In the event of Client seeking consultation, Registered User/ Consultant has to ensure the quality of the product and as per the requirement of the Client and if its not as per client, it will not be SoOLEGAL’s responsibility and it will be assumed that the Registered User/ Consultant and the Client have had correspondence before assigning the work to the Registered User/ Consultant.
2. Fulfilment by SoOLEGAL - If the Registered User/ Consultant has uploaded the Documents/ Advice in SoOLEGAL Site, SoOLEGAL Authorised personnel does not access such Documents/ Advice and privacy of the Client’s Documents/ Advice and information is confidential and will be encrypted and upon payment by Client, the Documents/ Advice is emailed by SoOLEGAL to them. Client’s information including email id will be furnished to SoOLEGAL by Registered User/ Consultant.
If Documents/ Advice is not sent to Client, SoOLEGAL will refund any amount paid to such Client’s account without interest within 60 days.
3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
4. SoOLEGAL will remit the fees (without any interest) to its Registered User/ Consultant every 15 (fifteen) days. If there is any discrepancy in such payment, it should be reported to Accounts Head of SoOLEGAL (accounts@soolegal.com) with all relevant account statement within fifteen days from receipt of that last cycle payment. Any discrepancy will be addressed in the next fifteen days cycle. If any discrepancy is not reported within 15 days of receipt of payment, such payment shall be deemed accepted and SoOLEGAL shall not entertain any such reports thereafter.
5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
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