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Speedy Trial in Covid Era : Role of Electronic Evidence in Latest Murder Case: BRIEF FACT OF THE CASE:On 26-10-2020 at about 19:00 hrs. English Bazar PS had received an information regarding a person read more
Speedy Trial in Covid Era : Role of Electronic Evidence in Latest Murder Case:
BRIEF
FACT OF THE CASE:
On
26-10-2020 at about 19:00 hrs. English Bazar PS had received an information
regarding a person who was found lying in naked condition in his railway
quarter, blood was oozing out from his mouth, face and nose and later the
victim was declared as dead. Thereafter, a case was started and during
investigation, I.O. seized some articles
along with one blue coloured button with orange thread and one gamcha.
During investigation it was
found that one of the accused persons lastly talked to the victim over his
phone at about 12:04PM being present near the house of victim on the date of
incident. Thereafter, the I.O. along with force raided at the houses of the
accused persons wherein they confessed their guilt of murder of Victim by
manual strangulation with help of a gamcha, because the victim used to have
homo-sex with one of the accused persons forcefully. Even Victim recorded a
video of their homo-sex in his phone, with which he used to blackmail the accused
person to have homo-sex on repeated occasion. The accused person also revealed that they
took away the said phone which was used by another accused person putting his
SIM card inside the said phone and during investigation the said phone was
recovered from him.
Later one sky blue coloured shirt was seized
by the I.O. from the house of one of the accused persons, the buttons of
the blue shirt were found missing at the time of seizure. Subsequently, the
blue button with orange thread which was seized from the P.O. on the date of
incident and the blue shirt seized from the house of accused
person matched together by the CFSL expert.
Furthermore, during the
medico-legal examination of the accused person, one bite mark was found on the
ulnar side of his left hand which was made by the victim at the time of
incident.
A prima facie charge u/s 302/34 IPC has been
well established against both the accused persons, 1 and 2. both of the
same district.
After the receipt of CFSL report,
reply from the telecom authorities and Report of Viscera respective
supplementary Charge Sheets have been submitted u/s 173(8) of Cr.PC.
Charge framed on : 3rd July, 2021
Evidence started from: 26th July, 2021
Evidence closed on 18th September, 2021
Arguments of both sides closed on 29th September
Judgement on 7th October, 2021.
The circumstances relied upon:
The circumstances relied upon by the
prosecution in this case to establish the guilt of the accused persons can be
enumerated in below:
1.
Death of the deceased was
due to manual strangulation and homicidal and
ante-mortem in nature.
2.
The discovery and seizure of
button along with orange thread which matched with the shirt seized from the
possession of the accused person 2.
3.
The victim was last seen
together with both the accused persons which was proved electronically.
4.
The seizure of gamcha and
other wearing apparels and the naked dead body of the victim in the P.O.
witnessed by various witnesses; The naked dead body provides evidence of sexual
activities prior murder.
5.
The CCTV footage wherein it
is found that both the accused persons were heading towards the Railway Colony,
Kalibari which is the P.O.
6.
The seizure of mobile phone
of the victim from the possession of the accused person namely accused person 2.
7.
From the CDR of both the
mobile connections of the victim and the accused person 1, it is evident that
prior the murder the last call received by the victim was from the accused
person 1 and thereafter the mobile phone of the victim was taken by the accused
persons and the existing SIM of the victim was dislocated and resulting
switched off of the victim’s number. On the other hand, another sim registered
in the name of accused person 2 was
inserted in the said mobile phone of Victim which is evident from the IMEI
search of the victim’s mobile and CDR of of the mobile number of accused person 2.
8.
The explanation given at the
time of giving statement under section 313 Cr.P.C. by the accused persons.
9.
The then existing grudge and
frustration of accused persons on the victim to get away from this blackmailing
of this sexual torture at any cost.
10.
The relationship of the
latitude and longitude of the P.O. and the latitude and longitude of cell IDs
of mobile number of victim and the accused person namely accused person 2
showing the proximity of the location of the victim and the accused person 2 at
the Place of occurrence at the relevant time.
11.
As per the PW-3 being the
autopsy surgeon, the process of strangulation, whether by hand (manual), or by
ligature, results in blunt force injury of the tissues of the neck.
12.
As per the PW-3 the injury number
6, 9 and 8 of the post-mortem report (Exhibit No. - 9) was inflicted to
incapacitate the victim.
13.
As per the PW-3 the injuries
in the mouth of the victim could be the result of strangulation.
14.
As per the PW-3 it appears
from the injuries that the body of the victim was on the hard surface of the
floor as well as it also appears from the injuries that more than one accused
person was present at the P.O. during the commission of offence on 26-10-2020.
15.
As per the PW-3 the victim
may also leave bite marks on the body of the accused to resist attack.
16.
The
injury numbers 3 and 7 of post-mortem report (Exhibit
No. - 9) may
be the result of prohibiting the victim by the assailants to make any movement
or forward any resistance. Regarding the injury nos. 6, 8 and 9 of post-mortem
report (Exhibit No. - 9)
may be the result of the force applied by the assailants to stop or prohibit
the victim from crying or shouting or raising any voice.
17.
Prior the murder the victim
was alone in his quarter as he was on the verge of retirement due to which he
shifted his family to his native place 15 days ago, this fact came repeatedly
through various witnesses.
18.
As per the PW – 8 being the
then medical officer of Malda Medical College and Hospital, the accused person
1 had one bite
mark on ulnar side of his left hand which was made by
the victim during the commission of offence on 26-10-2020.
19.
False and contradictory
statements given by both the accused persons u/s 313 Cr.P.C.
20.
Admission of hatred, agony
and insult towards the homo-sexual activity by the victim with the accused
person 1.
21.
Forensic evidence specially
from the extracted data of the victim’s mobile seized from the accused person 2
shows that video could not be recovered or undeleted from the said phone
proving the fact that during the custody of the phone under the accused person 2
26-10-2020 till the date of seizure i.e. 31-10-2020, the accused persons got
ample opportunity to delete the video and might have deleted the same. The
extracted data also shows the prove of usage of the victim’s mobile by the
accused persons.
22.
Various circumstances
proving the existence of conspiracy and its object, specially from the accused
persons involved in the conspiracy. The nature of murder involved in the
present case clearly proves the transmission of thoughts sharing the unlawful
design made by and between both the accused persons in this case.
The charge of the case was
framed on 03.07.2021 and evidence started on 26.07.2021 and Judgement
pronounced on 07/10/2021.
Both the accused persons
were convicted with life imprisonment u/s 302/120B/34 IPC alongwith Rs.
10,000/- each.
VARIOUS ELECTRONIC EVIDENCES:
1) The CDRs and SDRs of all two crucial
phone numbers of victim – it provides a crucial
Linkage in the prosecution case,
namely last call with one of the accused persons and the time from when the
mobile number became switched off. The decoded tower location of the victim’s
number shows the presence of the victim near the place of occurrence.
2) The CDRs and SDRs of two crucial phone numbers of accused person– it provides a crucial linkage in the prosecution case, namely last call with victim. The decoded tower location of the accused’s number shows the presence of the accused near the place of occurrence.
3) The IMEI number of the victim together with CDRs of both victim and the accused person show that till 12.04 pm on 26.10.2020, the phone was used by Victim and thereafter till 31.10.2020 it was used by accused persons, until it was seized from accused person 2.
4) The relationship between the latitude and longitude of the place of occurrence and cell-Ids of two CDRs of two mobile numbers, one is of victim and other is of one of the accused persons shows that both the accused person and victim were near the P.O. at the probable time of murder.
5) The photographs – The photographs of the victim in the place of occurrence and the surroundings of the P.O. on 26.20.2020 provide the injuries inflicted upon the body of the victim, the naked condition of the body supporting the sexual activities prior murder and the presence of seized articles, specially the blue button left by one of the accused person in the P.O. arising out of the struggle prior homicidal death of the victim.
ROLE
OF FORENSIC EVIDENCE:
CFSL Expert
opinion:
The exhibit-A (button) and button marked B1 ((removed in the
laboratory from exhibit-B)) were found to be similar and exhibit-A (button)
could have been part of exhibit-B.
The Extracted Data from the Victim’s Red Oppo
Mobile by CFSL
Keyword ‘xxx’(Mobile number of accused person.) is found in the ‘SMS Messages’ section of ‘M1 REPORT’. However, no deleted video could be recovered by available tools and methods in this laboratory as per query.
The Hon’ble High Court at Bombay in the case of Aryan Shah Rukh Khan vs The Union of India & Anr. (BA-3624-2021) vide its Order dated 28-10-2021 allowed bail to Aryan Shah Rukh Khan, Arbaz Merchant read more
The Hon’ble High Court at Bombay in the case of Aryan Shah Rukh Khan vs The Union of India & Anr. (BA-3624-2021) vide its Order dated 28-10-2021 allowed bail to Aryan Shah Rukh Khan, Arbaz Merchant and Munmun Dhamecha with total of 14 conditions.
Recently, in the matter of Cruise Ship Drug Case, Aryan Khan, Arbaz Merchant and Munmun Dhamecha (Accused) were arrested on 03.10.2021 by Officers of the Narcotics Control Bureau (NCB) for their involvement in consumption, sale, purchase and attempt to commit offences under Sections 8(c) read with 20(b), 27, 28, 29 and 35 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act, 1985’) in C. R. No. 94/2021.
Initially, Bail Applications were filed by the Accused in C.R. No. 94/2021 before the Court of Additional Chief Metropolitan Magistrate, Esplanade, Mumbai (‘Metropolitan Magistrate’). The Metropolitan Magistrate, vide its Order dated 08-10-2021 rejected the Bail Applications as not maintainable in view of the Section 36A of the NDPS Act, 1985 which provides for offences triable by Special Courts. Read more at: https://theindianlawyer.in/bail-under-narcotic-drugs-and-psychotropic-substances-act-1985-to-be-granted-by-the-court-of-sessions/
Thereafter, the Court of the Special Judge for N.D.P.S. Cases at Greater Mumbai in the matter of Aryan Shah Rukh Khan versus the Union of India through N.C.B. (NCB/MZU/CR-94/2021) vide its Common Order dated 20-10-2021 rejected the Bail Applications filed under Section 439 of the Criminal Procedure Code, 1973 by Aryan Shah Rukh Khan, Arbaaz A. Merchant and Ms. Munmun Amit Kumar Dhamecha. Read more to know why, at: https://theindianlawyer.in/aryan-khan-bail-rejected-by-special-judge-mumbai/
Consequently, the Accused filed Bail Applications before the Hon’ble High Court at Bombay (High Court). The High Court vide its Order dated 28-10-2021 directed the Accused to be released on bail in C.R. No.94 of 2021 for offences punishable under the NDPS Act, 1985 on the following conditions:-
To read more, please visit the link below:
https://theindianlawyer.in/bombay-high-court-grants-conditional-bail-to-aryan-khan/
#bombayhighcourt #aryankhan #shahrukhkhan #bail
A three Judge Bench of the Supreme Court comprising of Justices, Dr Dhananjaya Y Chandrachud, Vikram Nath and B V Nagarathna passed a Judgment dated 29-10-2021 in Sarabjeet Singh Mokha vs The District read more
A three Judge Bench of the Supreme Court comprising of Justices, Dr Dhananjaya Y Chandrachud, Vikram Nath and B V Nagarathna passed a Judgment dated 29-10-2021 in Sarabjeet Singh Mokha vs The District Magistrate, Jabalpur & Ors., wherein the Apex Court discussed the provisions of preventive detention and protections to undertrials and detainees in India.
In this case, an FIR bearing No. 252/2021 was registered at Omti Police Station, Jabalpur on 10-05-2021 against Dr. Sarabjeet Singh Mokha, Director of City Hospital, Jabalpur (Appellant herein) for conniving with others in procuring 500 fake Remdesivir injections from Indore worth Rs. 15 Lakhs and administering the same to 50 patients at the City Hospital on 30-04-2021, in order to make illegal profits, thereby endangering the lives of the patients.
The FIR was registered under the following provisions of law:
On 11-05-2021, the Superintendent of Police made a request to the District Magistrate seeking permission to take action against the Appellant under the National Security Act 1980 (NSA). The District Magistrate passed an Order dated 11-05-2021 under Section 3 (2) of NSA, thereby detaining the Appellant for a period of three months (Detention Order) on various grounds including (i) administering spurious Remdesivir injections to patients which resulted in their untimely deaths, (ii) use of fake bills to procure spurious Remdesivir injections, (iii) cheating patients for administering fake essential drugs, etc.
The Appellant was then detained on 12-05-2021 in pursuance of the Detention Order. Thereafter, on 13-05-2021, the Government of Madhya Pradesh approved the Detention Order and also submitted a Report to the Government of India in that regard.
The relevant provisions of NSA applicable in this case are reproduced below:
3.Power to make orders detaining certain persons.—
(2) The Central Government or the State Government may, if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the security of the State or from acting in any manner prejudicial to the maintenance of public order or from acting in any manner prejudicial to the maintenance of supplies and services essential to the community it is necessary so to do, make an order directing that such person be detained.
Explanation.—For the purposes of this sub-section, “acting in any manner prejudicial to the maintenance of supplies and services essential to the community” does not include “acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community” as defined in the Explanation to sub-section (1) of section 3 of the Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (7 of 1980), and accordingly, no order of detention shall be made under this Act on any ground on which an order of detention may be made under that Act.
(4) When any order is made under this section by an officer mentioned in sub-section (3), he shall forthwith report the fact to the State Government to which he is subordinate together with the grounds on which the order has been made and such other particulars as, in his opinion, have a bearing on the matter, and no such order shall remain in force for more than twelve days after the making thereof unless, in the meantime, it has been approved by the State Government:
Provided that where under section 8 the grounds of detention are communicated by the officer making the order after five days but not later than fifteen days from the date of detention, this sub-section shall apply subject to the modification that, for the words “twelve days”, the words “twenty days” shall be substituted.
To read more, please visit the link below:
#supremecourt #preventivedetention #detention #undertrial #covid #remdesivir #fake
A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices M.R. Shah and A.S. Bopanna passed a Judgment dated 28-10-2021 in the case of Sripati Singh (since deceased) His Son Gaurav read more
A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices M.R. Shah and A.S. Bopanna passed a Judgment dated 28-10-2021 in the case of Sripati Singh (since deceased) His Son Gaurav Singh v. The State of Jharkhand & Anr. {Criminal Appeal Nos. 12691270 of 2021 (Arising out of SLP (Criminal) No.252253/2020)} held that the #dishonour of #cheque issued as a #security will also be an offence under Section 138 of the Negotiable Instruments Act, 1881 (#NIAct).
For reference Section 138 of the N.I. Act is reproduced as follows:
Dishonour of cheque for insufficiency, etc., of funds in the account. —Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for [a term which may be extended to two years], or with fine which may extend to twice the amount of the cheque, or with both: Provided that nothing contained in this section shall apply unless—
a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;
b)
the
payee or the holder in due course of the cheque, as the case may be, makes a
demand for the payment of the said amount of money by giving a notice in
writing, to the drawer of the cheque, [within thirty days] of the receipt of
information by him from the bank regarding the return of the cheque as unpaid;
and
c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.
Explanation.— For the purposes of this section, “debt or other liability” means a legally enforceable debt or other liability.
In the instant case, Respondent No.2 and the Appellant had known each other as the daughter of the Appellant and Respondent No. 2 were pursuing their education together in London. After returning to India, the Respondent No. 2 settled in Bangalore and the cordial relationship amongst the families continued. Thereafter, Respondent No. 2 came to know that the Appellant was involved in business and approached him at Daltonganj for seeking financial assistance to the tune of Rs.1 Crore so as to enable the Respondent No. 2 to invest the same in his business. Since the Respondent No. 2 assured that the same would be returned, the Appellant advanced a total sum of Rs. 2 Crores between January 2014 to July 2014. The said amount was transferred from the account of the Appellant and his daughter. Towards the said transaction, the Parties entered into four Agreements thereby acknowledging the receipt of the loan.
The Respondent No. 2 gave an assurance that the amount would be returned during June/July 2015. Towards the same, three cheques amounting to Rs. 1 Crore was handed over to the Appellant. Thereafter, three more cheques for Rs. 1 Crore were also given. The Appellant met Respondent No. 2 in the month of July 2015 and the Respondent No. 2 assured him that the amount will be repaid during October, 2015. Based on such assurance, the Appellant presented the cheques for realisation on 20-10-2015. On presentation, the said cheques were returned due to ‘insufficient funds’ in the Bank Account of Respondent No.2.
To read more, please visit the link below:
#supremecourt #dishonour #cheque #security #negotiableinstrument
Enhancing Password Security: Passwords are often considered to be secure unless it is cracked. This is more common than ever before. Hackers attempting to steal information by cracking passwords read more
Enhancing Password Security:
Passwords are often considered to be secure unless it is cracked. This is more common than ever before. Hackers attempting to steal information by cracking passwords is certainly not unheard of. So, what are the ways that one can adopt to ensure more password secure practices?
Experts suggest that passwords should be changed every 30 to 60 or 90 days. It is not surprising that many financial institutions force customers to change their mobile banking passwords often. It is alarming to note that many do not change their passwords and even reuse the same for multiple accounts. This is extremely dangerous and can lead to security breaches, identity theft, unwanted access etc.
Today, most websites have changed their password management rules. Passwords have become complex but at the same time methods to breach them also improve. It does not matter if you have latest software, if you are unable to monitor passwords on a regular basis you are at risk. Cyber security experts assert that if one uses strong and unique combinations, frequent changes to passwords are not necessary.
Therefore, it is wise to use a password manager like 1Password, Norton’s password manager, Last Pass and the like. These are not the only good managers out there, but they are easy to learn and have a great customer support backup team. One need not understand hashing or AES-256 encryption. If your password manager’s servers are hacked (worst case scenario), your passwords will still remain safe as it is unreadable to anyone who doesn’t have your master password. The mentioned password manager software are quite transparent regarding their security processes. One can visit their sites to know more.
The first step while using a manager is to initiate a master password. This will control access to your entire password database. You only need to remember this password, so one should make it as strong and secure as possible. Password managers also protect against phishing attacks as they fill out account information based on registered web addresses. It is really important for all online users to have a password manager to secure their data from identity theft and breaches.
A few reasons to use a password manager software are listed below:
1) No need to remember all your passwords
2) Auto-login is enabled, or copy paste username and password
3) Storage is encrypted
4) Same tool on different operating systems
5) Access your password from your mobile
6) Generates a unique password
7) Ability to store unlimited number of records
8) Carry it in a USB drive
9) Easy to use and user-friendly
10) It is usually free
When should one consider changing passwords?
I. After a security breach
II. On suspicion of unauthorised access
III. On discovery of malware or other unwanted software
IV. If one grants shared access
V. If one logs in at public places
Some good password security practices are:
a) Always use a password manager
b) Audit your passwords regularly
c) Change weak, compromised or recycled passwords immediately
d) Ensure priority for sensitive accounts
e) Adopt Multi-Factor Authentication (MFA) or Two-Factor Authentication (2FA)
f) Change passwords a couple of times a year
g) Avoid enabling auto login for financial related websites such as PayPal or other banking websites.
h) Do not use personal information for passwords
i) Create longer passwords
j) Modify easy to remember phrases
k) Do not type passwords on devices or networks you do not control
l) Use different passwords for different accounts (Important)
Regular auditing of passwords is a low-cost mechanism to ensure user don’t unintentionally expose themselves to risk. Moreover, it also helps to develop a culture of security awareness and provide quantifiable data that demonstrates improvement in good security practices over time. One can invest in a good auditing tool which is effective and efficient. In fact businesses are investing millions of dollars to secure systems.
To ably manage passwords is a responsibility for both individuals and businesses. Without secure passwords and auditing, it becomes much easier to be a victim to cyber-crimes. This can prove to be a costly affair too. Hence, one must make sure to use a systematic password management software to protect personal information and their identity.
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 on the banner appearing on this page or Click
https://www.soolegal.com/cyber-space-and-laws-governing-it
A three-Judge Bench of the #SupremeCourt recently passed a Judgment dated 21-10-2021 in the #Journalist, #GauriLankesh #murder case titled as, Kavitha Lankesh vs State of Karnataka and Others, and reiterated read more
A three-Judge Bench of the #SupremeCourt recently passed a Judgment dated 21-10-2021 in the #Journalist, #GauriLankesh #murder case titled as, Kavitha Lankesh vs State of Karnataka and Others, and reiterated the factors to be considered by a competent Police Authority, while giving #priorapproval to an Investigating Officer to invoke the provisions pertaining to organized crime under the Karnataka Control of #OrganisedCrimes Act 2000 (Organised Crimes Act).
In this case, a leading Journalist, Late Gauri Lankesh was killed by unknown assailants near her house in Rajarajeshwari Nagar, Bengaluru on 05-09-2017. Her sister, Kavitha Lankesh lodged a complaint with the Rajarajeshwari Nagar Police Station (Complaint). The said Complaint was registered as FIR No. 221/2017 dated 05-09-2017 against one, Mohan Nayak N. (Accused) for offences punishable under Section 302 of the Indian Penal Code 1860 (IPC) (Punishment for murder) and Section 25 of the Arms Act, 1959 (Punishment for certain offences) (Arms Act). The investigation was later handed over to the Special Investigating Team (SIT) on 06-09-2017.
A preliminary chargesheet was filed against the Accused on 29-05-2018. The matter came up before the City Civil and Sessions Judge in CC No.14578 of 2018. The Accused was arrested on 18-07-2018 for the said crime. During the investigation, it was found that the other accused persons in Special CC No.872 of 2018 were also involved in organizing the crime as a syndicate, for which punishment under Section 3 of the Organised Crimes Act (Punishment for organized crime) would be attracted.
The SIT submitted its report to the Chief Investigating Officer, who then sought permission from the Commissioner of Police, Bengaluru to invoke Section 3 of the Organised Crimes Act. Thereafter, the Police Commissioner issued a Communication dated 14-08-2018 and accorded prior approval under Section 24 (1) (a) of the Organised Crimes Act, for invoking Section 3 of the Organised Crimes Act, in respect of the crime mentioned in FIR No. 221/2017:
Section 24. Cognizance of and investigation into an offence:
(1) Notwithstanding anything contained in the Code,
(a) No information about the commission of an offence of organized crime under this Act shall be recorded by a police officer without the prior approval of the police officer not below the rank of the Deputy Inspector General of Police
After completion of investigation, the Additional Director General of Police and the Police Commissioner accorded sanction under Section 24 (2) of the Organised Crimes Act.
Section 24. Cognizance of and investigation into an offence:
(2) No Special Court shall take cognizance of any offence under this Act without the previous sanction of the police officer not below the rank of an Additional Director General of Police
In the Final Police Report dated 23-11-2018 filed before the Special Court, Bengaluru, further charges were invoked under the Arms Act and the Organised Crimes Act. Additional chargesheet was also filed before the Principal City Civil and Sessions Judge in Special CC No.872 of 2018 against various accused persons including Mohan Nayak N. The Court took cognizance on 17-12-2018.
To read more, please visit the link below:
#supremecourt #organisedcrime #journalist #gaurilankesh #murder
A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices Dr Dhananjaya Y Chandrachud and B V Nagarathna passed a #Judgment dated 20-10-2021 in the case of State of Gujarat & read more
A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices Dr Dhananjaya Y Chandrachud and B V Nagarathna passed a #Judgment dated 20-10-2021 in the case of State of Gujarat & Anr.v. Narayan @ Narayan Sai @ Mota Bhagwan Asaram @ Asumal Harpalani 2021 SCC Online SC 949 and held that the release of a #prisoner on #furlough is not a legal right.
The Supreme Court has explained the difference between #parole and #furlough as follows:
i) Furlough and parole envisage a short-term temporary release from custody;
ii) While parole is granted for the prisoner to meet a specific exigency, furlough may be granted after a stipulated number of years have been served without any reason;
iii) The grant of furlough is to break the monotony of imprisonment and to enable the convict to maintain continuity with family life and integration with society;
iv) Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough;
v) The grant of furlough must be balanced against the public interest and can be refused to certain categories of prisoners.
In the present case, on 6-10-2013 an FIR was registered against the Respondent at Jahangirpura Police Station for offences under Sections 376(2)(c), 377, 354, 344, 357, 342, 323, 504, 506(2), 120-B, 212, 153 and 114 of the Indian Penal Code, 1860 (IPC). Vide Judgment dated 30-04-2019 the Sessions Court convicted the Respondent.
Thereafter, vide Order dated 02-12-2020 of the High Court of Gujarat (High Court) the Respondent was released on temporary bail for a period of three weeks on 16-04-2015 and for a period of two days on 15-02-2019. The Respondent was then granted furlough from 5-12-2020 for a period of fourteen days. Subsequently, due to the ill-health of his mother, the Respondent was released on temporary bail from 31-01-2021 to 03-02-2021.
On 17-03-2021, the Respondent filed an Application for furlough through the Surat Lajpore Central Jail. However, on 08-05-2021 the Director General of Police, Jail and Reformative Administration rejected the Application on the following grounds:
To read more, please visit the link below:
https://theindianlawyer.in/supreme-court-explains-the-difference-between-parole-and-furlough/
#supremecourt #parole #furlough
The Hon’ble #SupremeCourt of India in the case of Nitaben Dinesh Patel vs Dinesh Dahyabhai Patel (2021 SCC OnLine SC 902) vide its #Judgment dated 07.10.2021 held that only those claims which can be prayed read more
The Hon’ble #SupremeCourt of India in the case of Nitaben Dinesh Patel vs Dinesh Dahyabhai Patel (2021 SCC OnLine SC 902) vide its #Judgment dated 07.10.2021 held that only those claims which can be prayed and/or granted under the #HinduMarriageAct, 1955 can be claimed by way of #CounterClaim as per Section 23A (Relief for respondent in #divorce and other proceedings) of the Hindu Marriage Act, 1955.
In the present case, one Nitaben Dinesh Patel (the ‘Appellant’) got married to Dinesh Dahyabhai Patel (the ‘Respondent’) in 1987. Out of the said wedlock, they had a child in 1990. Disputes arose between the Respondent-Husband and the Appellant-Wife. As a result, the Respondent filed a Hindu Marriage Petition No. 862/2007 before the learned Family Court under Section 13 of the Hindu Marriage Act, 1955 (the ‘Act, 1955’) for dissolution of marriage, mainly on the ground that the Appellant-Wife is guilty of cruelty. The Appellant-Wife filed a Reply in the matter and accordingly, Rejoinder was filed by the Respondent. The Appellant stated in her Reply that the Respondent is cohabiting with another woman, openly moves around with the said woman and introduces the said lady as his new wife. It was further stated that he also travels not only in the country but abroad with her. Since the Respondent-Husband wants to marry the said woman, a false and fabricated story is placed before the Court against the Appellant.
The Respondent stated in his Rejoinder that the said lady is a manager in the hospital run by him and she is looking after the hospital and accounts as her job, which has nothing to do with the present dispute between the Parties.
Later, the Appellant got to know that the Respondent had already married the said lady in 2006 and had suppressed this fact from the Court. As a result, the Appellant before the Family Court filed an Application for Amendment of Counter Claim and sought permission to add new paragraphs numbered as 35, 36, and 37 as per Section 23A (Relief for respondent in divorce and other proceedings) of the Act, 1955.
The Appellant in the Counter Claim prayed (Para 37) that the marriage solemnized on 14.12.2006 between the Petitioner-Respondent herein with Hina Manubhai Panchal be declared as illegal, void and voidable. Further, to declare that Hina Panchal is not the legal wife of the Petitioner-Respondent herein and also declare that the Petitioner is living with Hina Panchal in adultery. And to further declare that son Dev, born out of the said Wedlock is an illegitimate child of the Petitioner.
The learned Family Court vide its Order dated 08.05.2018 partly allowed the Application for amendment and allowed the amendments by permitting the Appellant-Wife to only incorporate Paras 35 and 36 in the Written Statement. However, the Court refused to permit the Appellant-Wife to amend the Written Statement to incorporate Para 37.
The Appellant challenged the Family Court Order dated 08.05.2018 and filed Special Civil Application (SCA) before the High Court of Gujarat at Ahmedabad (the ‘High Court’). The High Court vide its Judgment dated 27.09.2019 dismissed SCA No. 11379/2018 on the ground that the amendment could not be allowed at this belated stage. However, the High Court in the impugned Judgment and Order has observed that the Appellant can file a separate suit seeking for a declaration that the second marriage of the Respondent-Husband as void.
The Appellant challenged the High Court Judgment dated 27.09.2019 before the Supreme Court of India. The Supreme Court noted that the proposed prayer in terms of Para 37, to declare that the second marriage between the Respondent-Husband and Hina Panchal is illegal, void and voidable, was prayed by way of Counter Claim and for that Section 23A (Relief for respondent in divorce and other proceedings) of the Act, 1955 was relied upon.
The main issue before the Supreme Court was whether the Appellant could have claimed the relief sought qua Para 37 by way of counter claim in a Divorce Petition filed by the Respondent for dissolution of the marriage?
To read more, please visit the link below:
#supremecourt #declaration #marriage #void #hindumarriage
EARLY DISPOSAL OF PENDING CIVIL CASES – DIRECTIONS FROM THE HIGH COURT The Civil Procedure Code, 1908, controls the civil procedure of courts in India. The unified Code in civil court procedure has read more
EARLY DISPOSAL OF PENDING CIVIL CASES – DIRECTIONS FROM THE
HIGH COURT
The Civil Procedure Code, 1908,
controls the civil procedure of courts in India. The unified Code in civil
court procedure has allowed several suits to stay for decades. In most cases,
the only need for the Judge is to record reasons in writing. Section 148 of CPC
gives power to the Court to enlarge the time
fixed by it with regard to an act prescribed or allowed by the CPC.
What is
the typical timetable for a civil claim?
Once a plaint has been filed, the
summons is issued to the defendant to appear and defend the claim and file his
statement of defence within 30 days from the date of service of summons. A
summons is an intimation sent to the other party (defendant), delivered
through an officer of the Court, but the Court may allow service by registered
post with a due acknowledgement, approved courier services, fax or email. Every
summons must be sent with a copy of the plaint and should be signed by the Judge
or other officer decided by the Judge and sealed with the seal of the Court.
After the receipt of the summons,
the defendant should appear before the Court either in person or through an
advocate on the date mentioned in the summons. If the statement of defence is
not filed within 30 days of receipt of the summons, the defendant can be granted
an extension but should not be later than 90 days from service of summons.
These timelines have not been held compulsory by the Supreme Court and, if
sufficient cause can be shown, courts may even extend the timelines.
If the defendant declines to
accept service of summons or cannot be found, service may be affected by attaching
a copy of the summons on the outer door or another conspicuous part of the
house where the defendant lives, carries on business or works for gain. If a
defendant does not appear before the Court on the returnable date mentioned in
the summons, the Court may go on to hear the plaintiff and move to pronounce a
judgment in the non-appearance of the defendant.
Statutory Timelines for Filing a Defence
In the Salem case,
the Supreme Court has stated that the time limit stated under Order 8, Rule 1,
to file written statements in ordinary civil suits is directory and not compulsory.
The R.N. Jadi case mentioned that
Order 8, Rule 1, modified by the 2002 CPC amendment, mentioning a time limit of
90 days for filing a written statement, was directory and not mandatory by quoting
an earlier precedent. Explaining the statutory time limit of 90 days to file a
written statement into a mere directory guideline reopened the flood-gates of
delay. Not filing a written statement in time is still a favourable strategy to
delay a civil suit in Indian Courts.
Delayed
Justice
Any debate regarding the Indian legal
system meets a big issue of delays in courts. The government tries to have the
best possible law they can, but if the management of a statute’s legal remedies
requires treacherous delays, the basic form and function of a statute dies. Major
reasons for the delay in judgements can include shortage of judges, adequate
infrastructure, lack of facilities for e-filings and live transcription, poor
case management, etc.
Can the parties manage
the timetable for a Civil Claim?
The Commercial Court should have a management of hearing not
later than four weeks from the date of filing the affidavit of admission and
denial of documents by the parties. While setting the timelines, the Commercial
Court needs to make sure that the arguments are closed not later than six
months from the date of the first case management hearing.
The Civil Procedure Code controls the
process, and the courts can extend the timelines to a certain extent. Parties
cannot control the procedure or timetable. However, by way of an amendment in
the CPC, the Commercial Courts Act introduced Order 13A, which allows parties
to apply for a summary judgment at any stage before framing issues.
Case
Law
The Apex court bench of judges Sanjay
Kishan Kaul and R Subhash Reddy instructed lawyers to restrict oral reasoning
to 30 minutes and submission work on a law to three pages. The Court gave this verdict on a petition filed by
Yatin Narendra Oza, a veteran lawyer from Gujarat who was removed from the
designation of the senior advocate after commencement of contempt affairs
against him by the Gujarat High Court.
The Apex Court, in a judgement in Asian
Resurfacing of Road Agency Pvt. Ltd. and Anr. v. CBI has stated that any order
of stay on the civil or criminal proceedings will not go for more than six
months unless the extension is granted, and the trial court may go in the case
without waiting for sanction from the higher Court if the stay is not extended
after that.
Procedure to move to H.C. for fast
disposition of a case
In the case of Anil Rai vs the State of
Bihar, the SC has pointed out that parties can file an application letter in
the High Court requesting an early judgment if it’s not delivered in three
months of it being reserved. If it’s not delivered for more than six months
after being kept reserved, parties have the full right to have it re-heard
before a distinct bench of the High Court.
Being a part of remedial measures, the Court,
in this case, issued a few directions:
ü The
Chief Justice of the High Court can make directions to the Registry in a case
where the judgment is kept reserved and is pronounced sometime later. A section
can be added in the judgment, on the first page, after the cause-title date of
reserving the judgment, and the date of pronouncing it, stated separately by
the concerned court officer.
ü That
Chief Justice of the High Courts, on their administrative side, should ask the
Court Officers of the various Benches in the High Courts to furnish every month
the list of cases where the judgments reserved are not pronounced within the
time of that month.
ü After
the closure of the arguments, the judgment is not pronounced in the period of
two months, and the concerned Chief Justice should draw the attention of the
Bench concerned to the pending matter.
ü When
a judgment is not expressed within three months from the date of reserving the
judgment, any of the parties in the matter is permitted to file an application
in the High Court asking for early order. This application would be listed
before the Bench concerned within two days, excluding the intervening holidays.
ü If
the judgment is not stated within a period of six months, any of the parties of
the said list should be entitled to move an application before the Chief
Justice of the High Court with a prayer to pull out the said case and to make
it over to any other Bench for fresh arguments.
Application
to Higher Courts
An
early hearing application can be moved to the higher Court to dispose of the
case within a certain time limit. The higher Court can give directions to the
subordinate Court to dispose of the case in a quick manner, and it can even
give a certain time limit to conclude the case.
The application should clearly state what can be the reason for the
delay, and it should request the Court to give directions for a fast and early
judicial order. After getting the directions, the Judge considers the case a priority
and tend to avoid giving any further dates for the hearing and tries to dispose
of the case as early as possible.
However, such an application can only be moved when the case is pending
before the Court for a sufficient amount of time. The stage of the case also
matters a lot as the application can only be moved when evidence has already
been collected, cross-examination has been done, and the case has reached its
final argument stage. Article 227 of the Constitution of India
expresses that every High Court should have command over all the courts and
tribunals in the territories regarding which it exercises jurisdiction
Conclusion
Every
person wishes for a right to a speedy
trial, and refusal to timely justice leads to no
justice. Pendency of cases for an extended time
defeats the entire idea of justice and
loses people’s confidence within the judiciary.
There are some cases that have been pending in the Courts for more than ten or
maybe 20 years. The alteration brought by the Amendments in 1999 and 2002 to
the CPC is fundamental in nature yet have sweeping results in the working of
Civil Courts in the nation if they’re properly
followed. How long should it take to eliminate a case depends upon the facts and
circumstances of every case. It is not
suggested that justice is served quickly, but it should be with the proper
observation by following the procedures of the Code and disposing of the case
by the Judges only after considering the material evidence and due hearing in
every case.
*****
The Court of the Special Judge for #NDPS. Cases at Greater #Mumbai in the matter of Aryan Shah Rukh Khan versus the Union of India through N.C.B. (NCB/MZU/CR-94/2021) vide its Common Order dated 20-10-2021 read more
The Court of the Special Judge for #NDPS. Cases at Greater #Mumbai in the matter of Aryan Shah Rukh Khan versus the Union of India through N.C.B. (NCB/MZU/CR-94/2021) vide its Common Order dated 20-10-2021 #rejected the #Bail Applications filed under Section 439 of the Criminal Procedure Code, 1973 by #AryanShahRukhKhan, #ArbaazAMerchant and Ms. #MunmunAmitKumarDhamecha.
The Court of the Special Judge for #NDPS. Cases at Greater #Mumbai in the matter of Aryan Shah Rukh Khan versus the Union of India through N.C.B. (NCB/MZU/CR-94/2021) vide its Common Order dated 20-10-2021 #rejected the #Bail Applications filed under Section 439 of the Criminal Procedure Code, 1973 by #AryanShahRukhKhan, #ArbaazAMerchant and Ms. #MunmunAmitKumarDhamecha.
Recently, in the matter of Cruise Ship Drug Case, Aryan Khan, Arbaz Merchant and Munmun Dhamecha (Accused) were arrested on 03.10.2021 by Officers of the Narcotics Control Bureau (#NCB) for their involvement in consumption, sale, purchase and attempt to commit offences under Sections 8(c) read with 20(b), 27, 28, 29 and 35 of the Narcotics #Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act, 1985’) in C. R. No. 94/2021.
Bail Applications were filed by the Accused in C.R. No. 94/2021 before the Court of Additional Chief Metropolitan Magistrate, Esplanade, Mumbai (‘Metropolitan Magistrate’). The Metropolitan Magistrate, vide its Order dated 08-10-2021 rejected the Bail Applications as not maintainable in view of the Section 36A of the NDPS Act, 1985 which provides for offences triable by Special Courts. Read more at: https://theindianlawyer.in/bail-under-narcotic-drugs-and-psychotropic-substances-act-1985-to-be-granted-by-the-court-of-sessions/
Consequently, the Accused filed Bail Applications before the Special Judge for N.D.P.S. Cases at Greater Mumbai, on 09-10-2021, which was titled as Aryan Shah Rukh Khan (the ‘Applicant’) versus the Union of India through N.C.B. (the ‘Respondent’).
The first ground of Bail sought by the Applicant is absence of recovery from him. It was further contended that there is no nexus between the Applicant and with the other Accused with recovery of contraband as the Applicant did not having knowledge about the contraband. Moreover, it was argued that the recovery of contraband from other Accused cannot be said to be recovery from “conscious possession” of the Applicant.
However, the Court upon perusal of papers observed that the Applicant and other Accused were friends since a long time as per the voluntary statements of the Accused and it was disclosed that they possessed the said substance for their personal consumption and for enjoyment. The Court held that therefore, all these things go to show that Applicant was having knowledge of the contraband that was concealed by the other Accused. The Court said that it can be construed that it was in “conscious possession” of the Accused.
It was also submitted on behalf of the Applicant that the said contraband recovered from the other Accused was not for sale, purchase or for any other purpose, therefore the rigors of Section 37 (Offences to be cognizable and non-bailable) of the NDPS Act, 1985 would not apply and there is no bar to grant bail. It was further submitted that though Prosecution invoked Section 29 (Punishment for abetment and criminal conspiracy) of the NDPS Act, 1985, there is nothing to show nexus of the Applicant with other Accused. In this regard, the Court perused the WhatsApp Chats of the Applicant and observed that it reveals chats about drugs with unknown persons regarding bulk quantity and hard drugs. The Court therefore denied to accept the contentions raised by the Applicant.
To read more, please visit the link below:
https://theindianlawyer.in/aryan-khan-bail-rejected-by-special-judge-mumbai/
#aryankhan #shahrukhkhan #specialjudge #mumbai #bail #drugs #ndps

Allahabad, India

Kolkata, India

Allahabad, India

Moradabad, India

Mohali, India

Navi Mumbai, India

Glendale, United States

Muzaffarpur, India
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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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