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A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices R. Subhash Reddy and Hrishikesh Roy vide #Judgment dated 16-11-2021 in the case of Kurvan Ansari alias Kurvan Ali & Anr. read more
A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices R. Subhash Reddy and Hrishikesh Roy vide #Judgment dated 16-11-2021 in the case of Kurvan Ansari alias Kurvan Ali & Anr. v. Shyam Kishore Murmu & Anr. {Civil Appeal No.6902 of 2021 (Arising out of Special Leave Petition (C) No.5311 of 2019)} held that fixing #notionalincome at Rs. 15,000/- per annum as per Schedule-II for the claims under Section 163-A of the #MotorVehicles Act, 1988 (Act) for non-earning members is not just and reasonable.
In the present case, on 06-09-2004 the son of the Appellants-Claimants viz., Ibran Ali, aged 7 years was dashed by a motorcycle which was being driven by Mr Sunil Gurum (Respondent No. 1 and insured with Respondent No. 2) while he was standing by the side of the road, in front of his maternal grandparents’ house. The accident caused grievous injuries resulting in his death. Consequently, the Appellants-Claimants filed a Claim Petition under Section 163-A of the Act claiming compensation on account of the accident which resulted in their child’s death.
Before Motor Accidents Claims Tribunal
The Appellants-Claimants contended that the accident had occurred due to rash and negligent driving of Respondent No. 1. The Tribunal after appreciating oral and documentary evidence on record, concluded that the accident had indeed occurred due to rash and negligent driving of Respondent No. 1. After taking into consideration the notional income of the deceased which was Rs.15,000/- per annum, the Tribunal after applying the multiplier ‘15’, awarded a compensation of Rs.2,25,000/- with interest @6% per annum from the date of the Judgment.
Further, as the Respondent No. 1 did not have a valid driving licence at the time of accident the Tribunal directed Respondent No. 2 (Insurance Company) to pay the compensation to the Appellants-Claimants and recover the same from the Respondent No. 1.
Before High Court of Jharkhand, Ranchi
Pleading contributory negligence, Respondent No. 2 preferred M.A. No.115 of 2011, for enhancement of compensation. The Appellants-Claimants also preferred M.A. No.66 of 2011, before the High Court of Jharkhand at Ranchi (High Court).
The High Court dismissed the Appeal preferred by the Respondent No. 2 and partly allowed the Appeal preferred by the Appellants-Claimants by awarding a further sum of Rs.15,000/- towards funeral expenses. The High Court also held that the Appellants are entitled to a sum of Rs.2,40,000/- towards compensation with interest as awarded by the Tribunal from the date of filing Claim Petition.
Before the Hon’ble Supreme Court of India
Aggrieved, the Appellants-Claimants preferred an Appeal before the Hon’ble Supreme Court. The Apex Court after perusing the facts of the present matter, and while placing reliance on the cases of Puttamma & Ors. v. K.L. Narayana Reddy & Anr. (2013) 15 SCC 45, R.K. Malik & Anr. v. Kiran Pal & Ors. (2009) 14 SCC 1 and Kishan Gopal & Anr. v. Lala & Ors. (2014) 1 SCC 244 observed that the notional income fixed under Section 163-A of the Act, as Rs.15,000/- per annum should be enhanced and increased as the same continued to exist without any amendment since 14-11-1994.
Thus, the Court held that it is a fit case to increase the notional income by taking into account the inflation, devaluation of the rupee and cost of living.
The Court in this regard observed as follows:
“16. In view of the above, we deem it appropriate to take notional income of the deceased at Rs.25,000/- (Rupees twenty five thousand only) per annum. Accordingly, when the notional income is multiplied with applicable multiplier ‘15’, as prescribed in Schedule-II for the claims under Section 163-A of the Motor Vehicles Act 1988, it comes to Rs.3,75,000/- (Rs.25,000/- x Multiplier 15) towards loss of dependency. The Appellants are also entitled to a sum of Rs.40,000/- each towards filial consortium and Rs.15,000/- towards funeral expenses.”
The Bench while partly allowing the Appeal observed that the Appellants-Claimants were entitled to a sum of Rs. 4,70,000/- as total compensation with interest at 6% per annum from the date of claim Petition till the date of realisation.
The Apex Court held as follows:
#supremecourt #notionalincome #accident #inflation
A Two-Judge Bench of the #SupremeCourt comprising of J. MR Shah and J. BV Nagarathna has in a matter of Union of India vs Manraj Enterprises Civil Appeal No. 6592 of 2021, passed a #Judgment dated 18-11-2021 read more
A Two-Judge Bench of the #SupremeCourt comprising of J. MR Shah and J. BV Nagarathna has in a matter of Union of India vs Manraj Enterprises Civil Appeal No. 6592 of 2021, passed a #Judgment dated 18-11-2021 and decided upon the issue of whether an #arbitrator can allow #interest on #award amount, if the parties had decided otherwise in their #contract.
In this case, disputes arose between the Appellant- Indian Railways and the Respondent-Contractor in respect of a contract (Contract) around 1997. The Parties resorted to arbitration for resolution of the disputes. The Arbitrator passed an Award dated 17-01-2011 in favor of the Respondent (Award). The Arbitrator awarded an amount of Rs. 78,81,553.08 along with interest pendente lite and future interest at the rate of 12% and 18% respectively on the entire Awarded Amount except for the earnest money deposit and the security deposit.
The Appellant filed an Application under Section 34 of the Arbitration and Conciliation Act 1996 (Arbitration Act) before the Delhi High Court, to challenge the Award on the ground that although the Contract entered into by the Parties had a bar against payment of interest, the Arbitrator awarded interest on the Award Amount. The Single Bench of the High Court dismissed the said Application and upheld the Arbitrator’s Award. On an Appeal to the Division Bench, the High Court dismissed the Appeal, vide Order dated 12-04-2021.
Aggrieved, the Appellant filed an Appeal before the Supreme Court. The Apex Court made the following observations:
1) That the Parties had agreed in Clause 16(2) of the Contract that interest will not be payable on earnest money or security deposit or amounts payable to the Respondent-Contractor under the Contract. Further, the said expression “amounts payable to the Contractor under the Contract” has to be read independently and not in conjunction with “earnest money deposit” and “security deposit”. Clause 16(2) of the Contract is reproduced below for easy reference:
(2) No interest will be payable upon the earnest money or the security deposit or amounts payable to the Contractor under the Contract, but Government Securities deposited in terms of Sub-clause (1) of this Clause will be repayable with interest accrued thereon.
2) That as per Section 31(7)(a) of the Arbitration Act, an arbitrator is bound by the terms of the contract insofar as award of interest from the date of cause of action to date of the award is concerned. Section 31(7)(a) of the Arbitration Act is reproduced below for easy reference:
31. Form and contents of arbitral award.—
(7) (a) Unless otherwise agreed by the parties, where and in so far as an arbitral award is for the payment of money, the arbitral tribunal may include in the sum for which the award is made interest, at such rate as it deems reasonable, on the whole or any part of the money, for the whole or any part of the period between the date on which the cause of action arose and the date on which the award is made.
Hence, the Supreme Court held that as the Parties had agreed in the Contract that no interest shall be payable, the Arbitrator cannot go beyond the terms of the Contract and award interest. Thus, the High Court Orders and the Award allowing interest pendente lite or future interest on the amounts due and payable to the Respondent under the Contract, have been set aside.
#supremecourt #arbitration #award #interest #contract
The #SupremeCourt of India in the matter of Experion Developers Pvt Ltd vs Pawan Gupta (Civil Appeal Nos. 3703-3704/2020) vide its Order dated 12-01-2021 affirmed the National Consumer Dispute Redressal read more
The #SupremeCourt of India in the matter of Experion Developers Pvt Ltd vs Pawan Gupta (Civil Appeal Nos. 3703-3704/2020) vide its Order dated 12-01-2021 affirmed the National Consumer Dispute Redressal Commission, New Delhi (“#NCDRC”) Judgment dated 26-08-2021 that #cancelled the #demand for excess area on offer of #possession.
Brief Facts:
The facts of the case involve one Mr. Pawan Gupta (the “Respondent”) had booked residential Flats in a Project of the Experion Developers Pvt Ltd (the “Appellants”) in 2012. The total sale consideration of the Flats was Rs.2,92,89,639/- under the Builder-Buyer’s Agreement dated 26.12.2012. The total sale consideration was later unfairly raised to Rs.3,10,48,232/-due to an increase in the sale area. The possession was to be given latest by 26.12.2016 however; the Appellants failed to handover the possession within the stipulated time period. As a result, the Respondent filed Complaints against the Appellants before the NCDRC. The Respondent prayed to restrain the Appellants from imposing any additional charge on account of the arbitrary increase in the price of the Flats.
The NCDRC heard the contentions raised by both the Parties and vide its Judgment dated 26-08-2021 observed and held as follows:
Read More: https://theindianlawyer.in/supreme-court-upholds-ncdrcs-view-on-unjustified-demands-of-a-builder/
#supremecourt #ncdrc #builder #rera
Standard from of contract - Legal or Illegal?Generally speaking, standard contracts are imbibed with the common 'take it or leave it' clauses. In such situations, the other party has almost no power to read more
Standard from of contract - Legal or
Illegal?
Generally
speaking, standard contracts are imbibed with the common 'take it or leave it' clauses.
In such situations, the other party has almost no power to negotiate the terms
laid down in the contract; they can either accept the terms as it is or reject
the entire contract. Therefore, the basic right of negotiation is largely
curtailed by a standard form of contract. Such contracts are generally entered
into between a service provider and its customers, including insurance
companies and other sale and purchase agreements.
Is a standard form of contract legal?
There is no
distinction between general contracts and standard form of contracts under the
Indian Contract Act, 1872. All provisions of the Act equally apply to all
contracts. The reason for the popularity of standard form of contracts is the ever-expanding
business activities of an organisation. Many issues have arisen as regards the
negotiation power of the party. Such a party is in a disadvantaged position
where it has to either accept the contractual terms or be deprived of the
particular service. The party generally does not read the clauses fully and
believe that they have no choice but to sign the contract. In light of such
circumstances, the courts in India have, on multiple occasions, devised tests
to protect the aggrieved party and ensure justice.
Tests to protect the party in a disadvantaged
position
A standard form of
contract is legal and valid. However, in the interest of justice, the courts
have devised measures to test the cogency of such contracts and prevent
exploitation. In Life Insurance Corporation of India v. Consumer Education
and Research Centre and ors., the Court held that in a standard form of
contract, there is no opportunity given to the weaker party to bargain, and
thus there is an imbalance of bargaining power between parties.
Firstly, a
reasonable notice has to be served upon the party in a weaker position by the
party framing the contract, which highlights the various terms and conditions
of the contract, whether before or at the time of signing of the contract. In the case of M/s Prakash Road Lines (P)
Ltd. v. HMT Bearing Ltd., a lorry receipt for the carriage of goods was
issued. The receipt contained a clause that the goods will be delivered at the
responsibility and risk of the owner and not the transporter/ carrier. The
Court held that merely including such a condition will not be enough to release
the carrier of his liability and obligations as it is unfair. Printing of lorry
receipt is not enough to satisfy the requirement of the notice unless it can be
shown that the plaintiff had the knowledge and gave his consent to such
stipulations.
It is required
that the terms of the agreement should not be unreasonable and intended to
injure the other party. In Lilly White v. Mannuswami, it was observed
that the terms of the contract would be declared to be unreasonable if it is
contradictory to the purpose of entering into the contract or violates the
public policy. Over time and again, courts have refused to enforce unfair and
unreasonable contracts or clauses in contracts that are arbitrary and an abuse
of position due to the inequality in bargaining power. In case it can be shown
that the party was not in a disadvantaged position and was not prevented from
bargaining the terms, the contract will be upheld.
SC precedent
This
issue was discussed at length in the case of Central Inland Water Transport Corporation
limited vs Brojo Nath Ganguly.
In
this case, the corporation was formed by the union government, and it was
completely controlled by the government because it held all of the shares. Brojo
worked for a corporation that was dissolved by court order, and he was
thereafter enrolled into the plaintiff's Corporation under the terms and
conditions of the latter. He was elevated to Deputy Financial Adviser and Chief
Accounts Officer after being selected as the corporation's Deputy Chief
Accounts Officer. Brojo's employment was terminated without notice under the
corporation's rule 9(i), which states that the company has the authority to
terminate a permanent employee's employment by giving him three months' written
notice or paying him three months' basic salary and dearness allowance.
Brojo
raised an issue that Rule 9(i) is arbitrary and unconscionable and filed a
complaint in the Calcutta High Court. The Corporation filed an appeal against
the order by the HC.
Issue:
Whether Rule 9(i) is unconscionable under Section 23 of the Indian Contract
Act, 187?
Judgment:
The apex court held that the Central Inland Water Transport Corporation Ltd's
rule 9(i), the Service, Discipline, and Appeal Rules of 1979, gave the company
the authority to terminate a permanent employee's employment by giving him
three months' written notice and a rule
like Rule 9(1) in a contract of employment that agitates significant segments
of the public is damaging to the public interest because it tends to produce a sense
of self-doubt in the minds of those who are affected, and so it is against the
public good. The SC judge dismissed the appeal and gave judgment against the Corporation
stating that rule 9(i) is invalid, arbitrary, and unconscionable and opposes
public policy under Section 23 of the Indian Contract Act, 1872.
Analysis:
Subclause (i) of Rule 9 is against public policy and is unlawful under section
23 of the Indian Contract Act because it gives the company full and arbitrary
authority. It is unclear who will exercise such power on behalf of the
Corporation. There are no rules in place to determine when the Corporation may
use the power granted by rule 9(i). There are no guidelines laid down to
indicate in what circumstances the power given by rule 9(i) is to be exercised
by the Corporation. If there is no bean of public policy to protect a case, then
the Court must find the practice to be against public policy in accordance with
public morality, welfare, and interest.
In a standard form of contract, the
terms and conditions are printed in fine print, which may be overlooked by the
other party. These contracts are also known as dotted line contracts, and it is
assumed that a weaker party may be exploited and injured as no specific laws govern
the standard form of contracts. The party getting it signed is in a dominant
position and can easily suppress the other party by compelling them to enter
into the contract. Such contracts are being increasingly entered into, and higher
standards of scrutiny are required. This practice also impinges upon the
principles of natural justice that require both the parties to be heard.
A standard form contract is a reality
of modern business setup. However, the Indian courts have failed to employ
a uniform rule to unravel this difficulty, and hence, although the courts seem
to be in favour of the less favourable, there is ambiguity in referring to the
guidelines or the lack of it.
*****
The Supreme Court has in a case of Ratnam Sudesh Iyer vs Jackie Kakubhai Shroff passed a Judgment dated 10-11-2021 and reiterated the grounds for setting aside international arbitral award in cases of read more
The Supreme Court has in a case of Ratnam Sudesh Iyer vs Jackie Kakubhai Shroff passed a Judgment dated 10-11-2021 and reiterated the grounds for setting aside international arbitral award in cases of economic offences.
In this case, one, Mr. Ratnam Iyer, the Appellant herein and Mr. Jackie Shroff, the Respondent herein, were shareholders in an investment holding company, namely, Atlas Equifin Private Limited, India (Atlas) which held 11,05,829 Equity Shares of Rs.10 each in Multi Screen Media Pvt. Ltd. (Company). The Appellant was interested in selling the Shares and hence, both Parties allegedly signed a Placement Instruction dated 15-11-2005 (Placement Instruction) and authorised Standard Chartered Bank (Bank) as their Agent to look for a buyer for the Appellant’s Shares in Atlas. The dispute arose when the Respondent alleged that his signatures on the Placement Instruction were forged. Thus, the Respondent lodged a complaint with the Economic Offences Wing (EOW), Mumbai Police on 19-04-2010 (Complaint) against the Appellant and the Bank. Thereafter, the Parties entered into a Settlement Deed dated 03-01-2011 (Settlement Deed) which stated that (a) the Respondent would withdraw all complaints and proceedings filed against the Appellant; (b) the Respondent would not inform any Authority about the subject matter of the Settlement Deed; (c) USD 1.5 Million to be held in an Escrow Account and later to be released to the Respondent upon confirmation by EOW that the Complaint has been withdrawn; (d) USD 2 Million payable to the Respondent from proceeds of sale of Shares; (e) in case of disputes, Parties shall resort to arbitration.
Thereafter, various incidents of breach of Settlement Deed by the Appellant were communicated to the Appellant by Emails dated 09-06-2011, 15-06-2011, 30-06-2011, etc by the Respondent’s Wife. Thus, owing to disputes arising out of the Settlement Deed, arbitration proceedings were initiated.
During the arbitration, it was noted that a Share Purchase Agreement was executed for the Shares in the Company in July 2012 and Shares were sold in March 2013. Meanwhile, the Arbitrator directed the Bank to refrain from releasing the amounts held in the Escrow Account, till further directions of the Arbitrator. The Arbitrator then passed a Final Award dated 10-11-2014 (Award) awarding Liquidated Damages of USD 1.5 Million in favor of the Appellant and that the Respondent will not be entitled to his share in the sale proceeds of Shares, on account of his breach of Settlement Deed.
Aggrieved, the Respondent filed a Petition under Section 34 of the 1996 Act before the Bombay High Court on 24-01-2015, thereby challenging the Award. On the other hand, the Appellant filed for execution of the Award. The Respondent further filed for stay of enforcement of Award, which was granted on 06-04-2018. The High Court passed a Judgment dated 19-05-2020 and set aside the Award and also granted interim protection against withdrawal of money from the Escrow Account. An Appeal filed against the High Court Judgment dated 19-05-2020, was dismissed by the Division Bench of the High Court.
To read more, please visit the link below:
#supremecourt #international #award #arbitration #economicoffence
A Two Judge Bench of the Supreme Court has in a matter of Mahendra KC vs State of Karnataka and Others passed a Judgment dated 29-10-2021 and drawn a distinction between proceedings initiated for quashing read more
A Two Judge Bench of the Supreme Court has in a matter of Mahendra KC vs State of Karnataka and Others passed a Judgment dated 29-10-2021 and drawn a distinction between proceedings initiated for quashing of First Information Report (FIR) under Section 482 Code of Criminal Procedure 1973 (CrPC) and a criminal trial.
In this case, a Complaint was filed on 06-12-2016 in Maddur Police Station, Karnataka by one, Mr. Mahendra KC (Appellant herein) against the Respondent, a Special Land Acquisition Officer, for offence punishable under Section 306 of the Indian Penal Code 1860 (IPC) (Abetment of suicide) read with Section 34 IPC (Acts done by several persons in furtherance of common intention) committed in respect of the Appellant’s brother (Deceased). The said Complaint was later registered as FIR bearing No. 565 of 2016 on 07-12-2016. The relevant provisions of the offences are reproduced below for easy reference:
Section 34 IPC: Acts done by several persons in furtherance of common intention.—When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone
Section 306 IPC: Abetment of suicide—If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
The Complaint stated that the Deceased was working as a driver for the Respondent-Accused. The Deceased had discussed with the Appellant and his friends in December 2016 that the Respondent-Accused has accumulated disproportionate assets of over Rs. 100 Crores and that the Respondent-Accused had utilized the mobile and bank account of the Deceased to transfer funds to the Accused’s relatives for converting “black money into white”. The Complaint further stated that the Deceased had knowledge about the dealings of the Accused, hence the Respondent-Accused along with another driver, had been harassing him and threatening to murder him. As a result of the mental stress, the Deceased committed suicide by consuming poison in a Lodge Room on 06-12-2016. A suicide note was also found in the Lodge Room (Suicide Note). The Suicide Note specifically named the Respondent-Accused and the driver as responsible for his death. Thereafter, the Respondent-Accused was arrested on 11-12-2016.
The Respondent-Accused filed a Petition under Section 482 CrPC before the Karnataka High Court seeking quashing of the FIR No. 565 of 2016.
To read more, please visit the link below:
#supremecourt #distinction #quashing #FIR #criminal #trial
The Hon’ble #SupremeCourt of India in the case of State of Kerala and Another vs M/S Popular Estates (Now Dissolved) and another (Civil Appeal No. 903/2011) vide its Judgment dated 29-10-2021 held that read more
The Hon’ble #SupremeCourt of India in the case of State of Kerala and Another vs M/S Popular Estates (Now Dissolved) and another (Civil Appeal No. 903/2011) vide its Judgment dated 29-10-2021 held that power under #Article136 of the #Constitution of India cannot be exercised when the view taken by the High Court is merited with reasons.
In this case, Popular Estates (the “Respondent”) became the owners of 1534.40 acres of land upon a partition of a registered Firm’s assets, namely M/s Popular Automobiles. Meanwhile, the Kerala Private Forests (Vesting and Assignment) Act, 1971 (the “Vesting Act”) came into force with effect from 10-05-1971. Under Section 3 of the Vesting Act, all private forests were vested in the State Government.
The Forest Authorities attempted to take possession of large areas of land occupied by the Respondent, alleging that they were private forests and had vested in the State, under the Vesting Act. The Respondent moved two Original Applications before the Forest Tribunal (“Tribunal”) under Section 8 of the Vesting Act claiming a declaration that no part of the estate consisting 1534.40 acres was liable to vest in the State. They claimed that as the land was being cultivated it was exempt under Section 81 of the Vesting Act. The State opposed the Applications. The Tribunal decided the matter and held that prima facie it appears that the areas which were with the Respondent should really be vested as forest land in the State. The Tribunal therefore dismissed the Original Applications of the Respondent.
The Forest Department, State of Kerala (the “Appellant”), issued a Notification no. 4713/1977 notifying 100 hectares of the Respondent’s Estate as private forest, based on survey undertaken by the Forest Department. On 22-07-1987, the Custodian and Conservator of Vested Forests issued a Notification under Section 6 of the Vesting Act demarcating land belonging to the Respondent as “vested forests” under the Vesting Act.
The Respondent filed Original Applications against the Notification no. 4713/1977 before the Tribunal (OA Nos. 166 & 167/1990) and also filed Writ Petition before the High Court challenging the validity of the Notification dated 22-07-1987.
The Tribunal dismissed the Original Applications vide Order dated 30.10.1992 and held that in its earlier Order it had only dealt with the status of 100 hectares of the land and, therefore, with regard to rest of the land the State was empowered to issue a fresh Notification. This Order dated 30.10.1992 was challenged in an Appeal before the High Court by the Respondent.
To read more, please visit the link below:
#supremecourt #intervene #highcourt #lawyered
A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices Sanjiv Khanna and Bela M. Trivedi passed a #Judgment dated 29-10-2021 in the case of Life Insurance Corporation Of India read more
A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices Sanjiv Khanna and Bela M. Trivedi passed a #Judgment dated 29-10-2021 in the case of Life Insurance Corporation Of India And Another v. Sunita {Special Leave Petition (Civil) No. 13868 Of 2019} held that the #Insurance Claim is liable to be rejected if #premium was not paid on the due date.
In the present case, one Mr. Pradeep Kumar (Insured), the husband of the (Respondent) (original Complainant) had taken an Insurance Policy on 14-04-2021 under the Jeevan Suraksha Yojana from the Life Insurance Corporation (Appellant-Corporation). Under the said Policy a sum of Rs. 3,75,000/-was assured by the Appellant-Corporation and an additional sum of Rs. 3,75,000/- was assured in the event of death by accident. The insurance premium of the said Policy was to be paid in six months. The next premium was due to be paid on 14-10-2011 by the Insured. However, there was a default in paying the premium. On 06-03-2012 the Insured met with an accident and succumbed to the injuries on 21-03-2012. In the meantime, the due insurance premium of October, 2011, was deposited by the Insured on 09-03-2012 for reviving the Policy.
The Complainant after the death of the Insured-Husband filed a claim before the Appellant-Corporation. The Appellant paid a sum of Rs. 3,75,000/- however, did not pay the additional amount of Rs. 3,75,000/- towards the Accident claim benefit to the Complainant.
Aggrieved, the Complainant approached the District Forum and vide Judgment and Order dated 14-10-2013, the District Forum while placing reliance upon the Ready Reckoner issued by the Appellant-Corporation, allowed the said claim of the Respondent. Aggrieved by the said Order dated 14-10-2013, the Appellant-Corporation preferred an Appeal before the State Consumer Disputes Redressal Commission. The State Commission while setting aside the said Order dated 14-10-2013 passed by the District Forum, allowed the said Appeal. Thereafter, the aggrieved Complainant preferred a Revision Petition being No. 897 of 2008 under Section 21(B) of the Consumer Protection Act, 1986 (Act), before the National Consumer Dispute Redressal Commission (NCDRC) thereby challenging the Order passed by the State Commission. Vide Judgment dated 24-04-2019, the NCDRC allowed the said Revision Petition and set aside the Order passed by the State Commission.
To read more, please visit the link below:
#supremecourt #insurance #claim #premium #due
MSME DEBT RECOVERY PROVISIONSMicro, small and medium enterprises have always been one of the main growth engines of the Indian Economy. In recognition of their contributions, the Indian Government has read more
MSME DEBT RECOVERY
PROVISIONS
Micro,
small and medium enterprises have always been one of the main growth engines of
the Indian Economy. In recognition of their contributions, the Indian Government
has formulated various incentive plans to strengthen and improve the
competitiveness of the MSME sector. The Government promulgated the “Micro,
Small and Medium Enterprises Act 2006.” This law gives MSME many exclusive
rights so that it can further strengthen its economic activities.
Challenges Faced by MSME in the event of delayed payment
MSMEs
around the world face limitations in maintaining combat readiness. Due to the
lack of MSME capital, payment delays are a serious problem. A World Bank Group
report released in January 2014 stated that 35 per cent or one in three MSMEs
receive their payment only after 90 days or even more. While larger
corporations are able to alleviate the adverse effects of delayed payment but
managing the cash flows is a struggle for MSMEs because of the nature of their
businesses. Furthermore, the consequence of delayed payments is that 15-20 per cent
of an MSME’s cash flow remains locked up, which in turn affects the smooth
running of the business. Here, manufacturers face the greatest difficulty in
coping up since they need to invest in raw materials, manufacture goods, and
then sell them to customers. Manufacturers, who have already invested
substantially in buying the raw materials for production, eventually end up
with a huge cash crunch because of the 90-day cycle for cash receivables and
successive delays by their customers. They are even hampered by weak bargaining
power as they are stuck between the corporate buyers and a highly networked raw
material supplier base. Late payments have caused many MSMEs to become
NPAs.
SAMADAN Portal-Payment Monitoring System
On
October 30, 2017, the Ministry of Small and Medium Enterprises launched
electronic means to enable micro and small suppliers to submit online
quotations of their goods and services to the potential buyers. But to be
eligible to submit MSMED Samadhaan, MSME must be registered in the national
Udyog Aadhaar portal. According to Article 16 of the “MSMED Act 2006”, if the
buyer fails to make the payment to the seller, he shall be liable to pay the
compound interest every month on that specific amount from the appointed date
or as the case may be, three times the bank rate notified by the Reserve Bank.
The Samadhaan portal provides information about the pending payments of micro
and small businesses within its jurisdiction to the central public
sector/central government, state government, etc., and further provides the
necessary instructions to resolve these issues.
Section
20 of the MSMED Act describes the Micro and Small Business Promotion Committee
(MSEFC). This section states that the state government will establish the
required number of MSEFCs through notification to make MSEFC the competent
authority. The implementation specified in Section 21 describes the structure
of the MSEFC. Here, MSEFC shall consist of three to five members appointed by
multiple categories, namely, industry directors or other officials not below
the rank of designated directors, one or more officials, or representatives of MSMEs,
one or more representatives of the banks and financial institutions that grant
MSME loans, or one or more persons with professional knowledge in the field of
finance, law, industry, trade or business conditions, MSEFC will provide
instructions to the purchaser of the payment Period amount and interest.
Section 18(5) of this Act requires the Council to adjudicate each reference within
90 days from the date of each reference.
Section
19 provides an opportunity to file an appeal and states that the appellant (not
the supplier) can file the appeal after depositing 75% of the award amount. If
the appellant fails to pay the amount specified above, the decision or order of
the Chamber or the Alternative Dispute Resolution Center will not be
considered.
Steps
involved in filing online application
STEP 1:
Micro
and small businesses require to go to the web MSMED Samadhaan portal https://samadhaan.msme.gov.in/MyMsme/MSEFC/MSEFC_Welcome.aspx
and click on “Case submitting for Entrepreneur / MSE units”. It redirects to
the “Entrepreneur validation” web page.
STEP 2:
Once
the Entrepreneur validation web page appears, the Udyog Aadhaar Number and the
wide cellular variety registered on Udyog Aadhaar should be stuffed.
STEP 3:
After
filling in the details mentioned above, the application for payment recovery
has to be filed with the MSEFC. Here, the application has to be referred to the
Council according to its jurisdiction. Important information such as the PAN or
GSTIN number of the petitioner, the buyers’ information against whom the
grievance is to be filled are necessities that would require strict adherence. Further,
work orders and invoice details associated with the customer are required to be
uploaded. A maximum of five work orders and five invoices per buyer can be
uploaded. The next step would be entering the verification code as displayed on
the screen and then validating the Udyog Aadhaar by clicking on the button to
receive the OTP on the email registered during the Udyog Aadhaar registration.
STEP 4:
In
the very last step, the application is submitted post last review.
According
to Section 18 of the Micro, Small and Medium Enterprises Development
Act, 2006, as soon as the reference is received, a
possibility for mutual agreement is granted through conciliation. The Council can
either conduct conciliation itself or seek the help of any organization or
centre dealing with trade dispute decision offerings. The provisions of
sections 65 to 81 of the Arbitration and Conciliation Act, 1996 are applicable
to such disputes.
On
failure or termination of the conciliation with no settlement between the
parties, the Council shall either itself take up the dispute for arbitration or
refer to it any institution or centre that provides alternate dispute
resolution services for such arbitration and then the provisions of the
Arbitration and Conciliation Act, 1996 shall be applied to the dispute as if
the arbitration was in pursuance of an arbitration agreement. MSEFC passes a
very last and binding award. That award shall be communicated to the Interim
Resolution Professional and Hon’ble National Company Law Tribunal (NCLT) in the
course of the insolvency procedure. The execution of such an award is under the
Arbitration and Conciliation Act, 1996.
If
the customer stays unresponsive, then it will be deemed as an affirmation of
its liability, and the customer’s offences will be attempted through the
Metropolitan Magistrate or Magistrate of First Class or courts of better
hierarchy.
Conclusion
MSMED
Samadhaan portal is a powerful device to understand the outstanding dues since
the aim of this portal is to empower micro and small entrepreneurs. Further,
the portal promotes the tracking of delayed payments in an efficient aspect.
Statistically, because of the commencement of e-medium in 2017, the number of
cases filed in the MSEFC has been around 13190, out of which 3149 were disposed
of, granting an amount of Rs. 598.90 Crore.
The
information on the portal is made available to the public, consequently
exerting ethical obligation on the part of the defaulters to make sure the
payment is made within a reasonable time. Thus, it can be said that this portal
promotes the viability of micro and small businesses.
With
recent developments in the MSME Act and the Insolvency and Bankruptcy Code that
was introduced by the Government of India during the COVID 19 outbreak, the
window to MSME’s future has been created towards the protection of the Economy of
the country.
*****
Adopting a good cybersecurity strategy: Cybersecurity has become more important to individuals, Governments and businesses than ever before. Businesses, decision makers and major stakeholders need read more
Adopting a good cybersecurity strategy:
Cybersecurity has become more important to individuals, Governments and businesses than ever before. Businesses, decision makers and major stakeholders need to take steps to minimise risk exposure from cyber-attacks. For this purpose, firms are investing time, money and resources to develop a good cybersecurity strategy.
A cybersecurity strategy consists of high level plans pertaining to how an organisation should go about securing its systems and networks. Usually, they are developed with a 3 or 5 year vision. However, they must be updated and revised as the business evolve. The reason for this is due to the increase in cybercrimes across the globe. Hackers are more ambitious today than a decade earlier.
Therefore, it is the urgent need of the hour for firms to have documented policies and procedures to safeguard data, systems and networks. A robust strategy should be multi-layered and include email, mobile devices, end points and the network. Firms must consider aspects such as data governance, encryption, vulnerability scanning, penetration testing and secure access across the technological ecosystem.
Companies should be able to adopt a pro-active approach that will:
i. Ensure that cybersecurity practices aligns with the vision of the firm.
ii. Foster a security conscious culture at work.
iii. Understand high risk or vulnerability areas.
iv. Implement an assessment program in order to identify risks, threats and vulnerabilities.
v. Approach security beyond compliance.
vi. Invest in prevention, detention and response.
Factors to consider:
1) Train employees in security principles:
Basic security policies should be established for employees. For instance, requiring strong passwords, provide internet usage guidelines, establish steps to protect data. Generating awareness among the work force can prove to be effective in many ways.
2) Protect information, computers and networks from cyber-attacks:
Ensure clean machines by obtaining latest security, browser and operating system. Install other key updates regularly.
3) Provide firewall security for internet connection:
Firewall is a set of programs that prevent outsiders from accessing data or a private network. Ensure each system’s firewall is enabled.
4) Establish a mobile device action plan:
Ensure to set appropriate reporting procedures for lost or stolen equipment.
5) Make backup copies of vital information:
Ensure data of all computers are regulatory backed up. A good recovery plan is also necessary to be implemented.
6) Control physical access to computers and create user account for each employee:
Prevent access on use of business systems by unauthorised individuals. Administrative privileges should only be given to trusted IT staff and key personnel.
7) Secure your wi-fi networks:
Make sure wi-fi is hidden, secure and encrypted. Also, ensure that access to the router is password protected.
8) Employ best practices on cards:
Isolate payment systems from less secure programs and limit using the same computer to process payments and surf the internet.
9) Limit employee access to data, limit authority to install software:
Employees must only be granted access to the specific data systems needed for their jobs. They should not be allowed to install any software without permission.
10) Passwords and authentication:
Ensure employees follow strong password protocols and change them frequently. Consider using MFA or 2FA.
Educating employees about cybersecurity is extremely crucial and by providing adequate training, risks can be avoided or mitigated. Effective training should be conducted on a regular basis. Moreover, the right technology, hardware, software and systems can offer the extra layer of protection. Employees should be encouraged to raise a red flag on spotting a security breach or flaw in the system. This can be critical in controlling breaches significantly.
A solid patch management method is necessary to address loopholes. Besides this, anti-malware solutions and good data recovery strategies must be in place. The use of firewalls, proxies, application gateways must be seriously considered and implemented.
Keeping the above mentioned factors in mind, one must always understand that cyber-attacks may happen anytime. Hence, firms should always be prepared for challenges. With a concrete cybersecurity strategy in place, firms can be more secure in their daily operations and interactions. One must never be complacent with the existing measures to tackle cyber related problems. Rather a constant vigil along with robust strategies must be maintained against security vulnerabilities.
To learn more on cyber laws join my Online 10 lecture series starting from 12th November, 2021. Register before 21st October to avail 10% Early Bird Discount on Course Fee. For schedule of lecture and all other details and to Register please click here : https://www.soolegal.com/cyber-space-and-laws-governing-it OR Click on the banner appearing on this page

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