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Recently, the Hon’ble #SupremeCourt of India in the case of Ghanshyam Mishra and Sons Pvt. Ltd. v. Edelweiss Asset Reconstruction Company Limited, (Civil Appeal No.8129/2019), vide its Judgment dated read more
Recently, the Hon’ble #SupremeCourt of India in the case of Ghanshyam Mishra and Sons Pvt. Ltd. v. Edelweiss Asset Reconstruction Company Limited, (Civil Appeal No.8129/2019), vide its Judgment dated 13.04.2021 held that any #creditor including Central/State #Government or any local authority is bound by #ResolutionPlan as approved by Adjudicating Authority under Section 31(1) of the Insolvency and Bankruptcy Code, 2016 (“#IBC, 2016”).
To read more, please visit the link below:
#supremecourt #claims #creditors #resolutionplan #ibc
The Hon’ble #DelhiHighCourt passed a Judgment dated 05.04.2021 in the case of Britannia Industries Ltd. v. ITC Ltd. & Ors. {CS (COMM) 553/2020} and held that #packaging of M/s #ITC Ltd.’s Sunfeast read more
The Hon’ble #DelhiHighCourt passed a Judgment dated 05.04.2021 in the case of Britannia Industries Ltd. v. ITC Ltd. & Ors. {CS (COMM) 553/2020} and held that #packaging of M/s #ITC Ltd.’s Sunfeast Farmlite 5-Seed Digestive Biscuits is not deceptively similar to that of M/s #Britannia Industries Ltd.’s NutriChoice Digestive Biscuits and does not amount to #TrademarkInfringement.
To read more, please visit the link below:
#britannia #itc #delhihighcourt #trademark #infringement
Image Courtesy - Techwisegroup.com || Article by - Cyril JacobThe alarming rise in threats across the cyber world has caused a panic like never before. With increasing platforms that facilitate transactions read more
Image Courtesy - Techwisegroup.com || Article by - Cyril Jacob
The alarming rise in threats across the cyber world has caused a panic like never before. With increasing platforms that facilitate transactions and conferences on a daily basis there is also an absolute requirement for investing time and money in the best resources to ensure cyber safety.
Earlier, MNC's used to invest in security personnel for safeguarding valuable and confidential data. But, today the catch phrase is "Invest in Cyber Security or Face the Heat". So, taking this into account not only firms but individuals who are constantly on the web need to understand the implications of what a ransomware or a phishing attack imposes. Therefore, what needs to be crucially observed is the different steps of actions that may be chosen to tackle attacks.
Before putting forth the pointers, I would first stress on the need to enlighten oneself on diverse ways in which cyber attacks take place. Today, virtual conferences are protected with encryption for a reason. In addition, the vulnerability that the pandemic has caused for children looms at large. This itself gives enough reason for a concerned parent to establish safety measures for their child who is so attached to a smartphone or gadget with access to the web.
Anonymous hacker groups with malicious intent are fervently scanning systems or devices that are vulnerable to an attack. Hence, one can witness various Government and Inter-Government agencies constantly involved in generating an awareness of cyber security across the world. Statistics are available from credible sources that anone can simply access at any time. After all, it is of little surprise that tech giants have heavily focussed on R&D into ensuring proper security measures for their products and services. Be it Apple, Microsoft or even freelance entrepreneurs, each entity feels the need to stay protected from any virus or malware 24/7.
I suggest the following 10 step action plan to be followed in addressing the challenge of Cyber attacks:
1) Be Cyber Smart by educating yourself and your team about the different kinds of attacks by hackers. Do not hesitate to seek advice from a cyber lawyer or cyber specialist for important matters.
2) Secure your accounts with a 2 step verification (This may sound cliché, but it is extremely helpful and the need of the hour).
3) Try avoiding storing sensitive information in Cloud storage facilities. Rather, purchase an external hard disk with 256 bit encryption. A Western Digital Hard disk (portable) with 256 bit encryption will be good enough.
4) Invest in state of the art anti-virus and anti-malware software. Kaspersky and Norton are fine but there are many others way better too (costly affair).
5) Ensure passwords are changed at least once in 6 months. This has already been implemented by many banks as of now, whereby an automatic request for change in mpin is generated.
6) Beware of third party app access to your information. Avoid downloading games or apps that are coming out of regions that have less or no cyber security initiatives.
7) Adopt the mind set "Think and Click". Random clicking while browsing the web will lead to problems that are unimaginable. So, be reasonable while browsing and not reckless.
8) Ensure you stay connected to a secure network at all times. This brings me to say that the next time you use a public wifi or one at a café, be cautious.
9) Avoid connecting with individuals who are simply unknown to you. No matter if the person who sent you a request is your best friend's friend or even ex. Cut the clutter to avoid future issues that you may face, especially if you constantly share pictures or updates on your trips to a restaurant or a camp scene.
10) The last one may sound silly but has been recommended by many cyber security professionals. Ensure your webcam is sealed with a webcam cover which is easily available on Amazon. This comes handy for those who feel they are being watched (this has been reported to be true). Moreover, if your laptop is always in a meeting mode, you might as well just get a seal which you can slide to and fro.
To sum up, I would encourage each one to "Think & Browse". In addition, start updating yourselves on the latest news from top notch cyber security professionals. I personally tend to spent a decent time each month reading White Paper reports issued by Governments. These reports allow me to understand how hackers are constantly devouring systems that have no security. Thus, I would urge all to do the same as it will enable us to safeguard our systems against cyber criminals.
Happy Browsing!
#CyberSecurity #web #Cjlaw7 #Cyberworld #lawyer
Death Certificate of a Missing Person- Kishan Dutt Kalaskar According to the Registration of Births and Deaths Act, 1969, the occurrence of death of read more
Death Certificate of a
Missing Person
-
Kishan Dutt Kalaskar
According to the
Registration of Births and Deaths Act, 1969, the occurrence of death of a
person has to be intimated to the Registrar of births and deaths within twenty-
one days of such death. The procedure for registration of the death is
well-defined in the Act. It is imperative to ensure death registration and
obtain a death certificate to avoid any issues relating to life insurance,
probate grant, or administration letters that may arise later.
Nevertheless, the procedure
to procure a death certificate for a missing person is complex and
time-consuming. Since the process of proving death without a body requires some
time and wading through formality, it maybe months before one can prove death
and obtain a death certificate. In case of presumed death, a death certificate
cannot be obtained until a declaration to that effect has been made by a civil
court.
What occurs if there is no body?
An individual is presumed
to be alive until they are announced dead. Up to that point, no one has the
authority to manage the deceased individual's assets (regardless of whether
claimed exclusively or mutually), life insurance, and it may not be possible to
replace the individual as a regulator of a trust or organization. The assets
are viably 'frozen', and no one has the authority to manage them. Depending
upon the conditions can bring about trouble and difficulty for the individual's
family, employees and creditors.
If the individual had made
a power of attorney before they went missing, things could continue as though
the individual were alive at that point in certain regards.
How does the application
work?
Under Section 108 of the
Evidence Act, a person who remains missing and has not been heard of by persons
who would have usually heard of him for seven years is presumed to be dead for
all legal purposes. To prove that a person has gone missing, one has to show
that the persons seeking such a declaration have taken appropriate steps to find
the person. This may include filing a missing person complaint with the police,
issuing advertisements, contacting relatives or friends and the like. The Court
requires proof regarding the individual's background, disappearing
circumstances, and any witnesses' account to disappearing the last person(s) to
see the missing individual alive. The Court also requires evidence regarding
what has occurred since the disappearance, both in search efforts and whether
any action may propose the individual is as yet alive (for example, bank
account activity). Once the Court is satisfied, it issues a decree declaring
the person to be dead. Only after procurement of such a decree can the death
certificate be obtained from the Registrar.
This assumption doesn't
mean that the process is automatic; to get the advantage of this assumption and
have the Order made, the applicant should, in any case, introduce the entirety
of the evidence to satisfy the Court that the individual has disappeared and no
indications of life. It is as yet a complex legal process to go through.
Procedures to issue death certificates for
missing people
Given the provisions
contained in the Registration of Births and Deaths Act, 1969(RBD), and the
explanations as given by the Govt. of India, Ministry of Home Affairs, New
Delhi and in the light of the way that certain people tend to impersonate
themselves as the legal heirs of the missing people with malicious motives, the
following rules/procedures are issued for the convenience of the general public
and the guidance of the Civil Registration functionaries:
a) Death Certificate for
the missing people can be claimed by the legal heirs. In this manner, those
claiming the Death Certificates must deliver the actual evidence to support
their legal heir status.
b) Under Section 108 of the
Indian Evidence Act, 1872, a missing individual for over seven years is assumed
dead. Notwithstanding, the said section is silent about the death's date and
place, which a Competent Court can decide depending on the oral/documentary
evidence before the Court. According to the explanations given by the Ministry
of Home Affairs, each candidate/Legal heir ought to hence get necessary orders
from the Competent Court by swearing in necessary affidavit not just for
getting the date and place of death of the missing individual yet additionally
for going through the deferred registration process under the Registration of
Births and Deaths Act, 1969. Specimen format is being made accessible in all
the RBD centres.
c) All the candidates/Legal
heir of the missing people will present the affidavit appropriately solemnized
before their respective Judicial First-Class Magistrate as the case might be
alongside the Death Report and any remaining supporting proof/records as
accessible with them to help the missing event of the individual concerned, FIR
lodged, a published copy of missing people in the Daily Telegrams, any
reference(s) from the business/Department and so forth to the Office of the
Chief Registrar of Births and Deaths for verification.
Court precedents
In Life Corporation of
India v. Anuradha, the Apex Court explicitly stated that neither the
Evidence Act nor logic or reason could permit the presumption of death to be
stretched to such an extent that the person not heard of for seven years was
dead on the date of his disappearance. At what point of time a person was dead
is not a matter of presumption but of factual or circumstantial evidence. The
onus of proving that the death had taken place at any point within the seven
years of disappearance lies on the person who claims it. There is no presumption
of the time of death of a person. Unless the dispute comes before any forum or
in a legal proceeding, the presumption of death cannot be raised.
In Union of India v.
Polimetla Mary Sarojini, it was held that there vests an inherent danger in
presuming that the date of death of a missing person shall be the day he went
missing. It would lead to the failure of several legal heirs' claims due to the
limitation period's expiry despite the presumption being raised only after
seven years from the date he was last heard of. Therefore, the Court opined
that such a person could be presumed to be dead on the day after the completion
of seven years.
In Sanju Devi v. State,
it was held that a person must file a suit for declaration of civil death to
successfully establish the factum of death. Death itself is not a fact per se
but is itself in question; it is required that a civil court shall pass a
decree declaring the concerned person's death. Only when such a declaration is
made can the benefits of estate or succession rights vest in the legal heirs.
Conclusion
When a family member dies,
and no proof of passing exists, that individual should be lawfully pronounced
expired. This process, known as death in absentia, is often difficult, as it
requires relatives to deal with their misfortune and navigate through a complex
framework.
The 3-Judges Bench of the Hon’ble #SupremeCourt of India in the case of Kiran Devi vs Bihar State Sunni Wakf Board & Ors. [CIVIL APPEAL NO. 6149/2015], vide its Judgment dated 05.04.2021 held that read more
The 3-Judges Bench of the Hon’ble #SupremeCourt of India in the case of Kiran Devi vs Bihar State Sunni Wakf Board & Ors. [CIVIL APPEAL NO. 6149/2015], vide its Judgment dated 05.04.2021 held that a business run by #Karta of Hindu Undivided Family (‘#HUF’) cannot be presumed to be a joint #familybusiness. It was also reiterated in this case that the nomenclature under which the petition is filed is not relevant and it does not debar the Court from exercising its jurisdiction.
Read more:
#supremecourt #karta #hinduundividedfamily
The Three Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices Rohinton Fali Nariman, B.R. Gavai and Hrishikesh Roy passed a Judgment dated 06.04.2021 in the case of Sanjeev Prakash read more
The Three Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices Rohinton Fali Nariman, B.R. Gavai and Hrishikesh Roy passed a Judgment dated 06.04.2021 in the case of Sanjeev Prakash v. Seema Kukreja & Ors.{Civil Appeal Nos.976 of 2021} and held that a question of #novation of #Contract which contains an #arbitration clause cannot be considered by a Court in a Petition filed under Section 11 Arbitration and Conciliation Act, 1996 (the Act).
Read more:
#supremecourt #contract #arbitration
The #SupremeCourt of India in the case of Shital Fibers Ltd. v Indian Acrylics Limited (Civil Appeal No. 1105/2021), vide its Judgment dated 06.04.2021 held that the Company Court while exercising its read more
The #SupremeCourt of India in the case of Shital Fibers Ltd. v Indian Acrylics Limited (Civil Appeal No. 1105/2021), vide its Judgment dated 06.04.2021 held that the Company Court while exercising its powers under Sections 433 and 434 of the #CompaniesAct, 1956 is not in a position to decide the party that has #defaulted in non-compliance with the terms of the deed of #settlement and the #compromise deed that parties had entered into.
Read More:
#windingup #compromise #supremecourt #companycourt #company
ACCOUNTABILITY OF POLICE-Kishan Dutt KalaskarThe incidence of police brutality, abuse of power and pre-trial detention in India has always remained a serious issue of human rights violations and has increased read more
ACCOUNTABILITY OF POLICE
-Kishan Dutt Kalaskar
The incidence of police brutality, abuse of
power and pre-trial detention in India has always remained a serious issue of
human rights violations and has increased manifold in the recent past. The police
are the most important law enforcement agency entrusted with preventing and
detecting crime within a country. The police must maintain law and order in
society and ensure peace. More often than not, one comes across news of
manhandling and illegal detention by the police of innocent persons. There is
mounting national and international pressure to protect and conserve certain
basic human rights of all individuals.
The recent case of custodial death in
Tamil Nadu's Tuticorin of the father-son duo, P. Jayaraj and J. Benicks, has
brought into light the need for generating awareness regarding the protection
of human rights of persons in custody. Jayaraj and Benicks were taken into
custody for violating Covid-19 curfew hours and died in custody two days after
their release. The family suspected that they had been tortured. According to
the family, the duo was taken to a government hospital on 20thJune
2020, where they were found in bad shape, and their pants were soaked in blood.
As the gruesome details became known, the case sparked outrage on and off
social media and soon gained national attention, and the Madras High Court took
up suo moto cognizance of the matter and directed the Kovilpatti Judicial
Magistrate to inquire into the matter. On the basis of a report of the local Magistrate
investigating the deaths, the High Court stated there was a prima facie case of
murder against the main accused. The Court also cited the serious injuries listed
in the post-mortem report and testimony of the eyewitness, a female constable
at the police station. Hours later, the five policemen were arrested.
According to the Magistrate, the CCTV
footageof the assault had been erased, and the officers had initially refused
to submit the batons they had used to beat the two men with. The officers who
were accused in the deaths were initially transferred, and, as demands for more
severe action grew, they were suspended.
There are have been several instances where
the police have severely manhandled the citizens irrespective of whether they
have been arrested or whether they are innocent bystanders who approach the
police to register a complaint. For instance, in April 2020, Mohammed Rizwan
was beaten with lathis and rifle butts for venturing out of his home,
attempting to buy biscuits. After such gruesome treatment was meted out to him,
he succumbed to injuries after two days. Legally speaking, no police officer
can physically beat any person to make an arrest or compel their production in
a police station.
Available Remedies
Denial of basic rights to persons in custody
constitutes an ascertained blow on human dignity, having the effect of
destroying an individual's personality. The Courts in India have been vigilant
against the infringement of the human rights of those detained by giving a
liberal and expansive interpretation of life and personal liberty. Obtaining an effective remedy for complaint against
the police is integral so as to protect the rights of citizens. According to
the National Crime Bureau, there are about 54, 916 complaints were reported in
2015, out of which only 16,308 complaints were inquired into, but only 1122
police officers were actually prosecuted, and only 25 of them have been
convicted. There seems to be no logical explanation for such poor rates of
conviction of police personnel.
1.
Police Complaint Authority
In the landmark judgement in
Prakash Singh v. Union of India, the Supreme Court, upon an extensive
review of past authorities, cases alleging misuse of powers by the police and
reports of various Commissions set up to give recommendations for greater
accountability of police in India, directed inter alia, the establishment of a
Police Complaint Authority (PCA) in all states by the enactment of appropriate
legislation. Consequently, in October 2006, the Ministry of Home Affairs set up
a committee known as the Soli Sorabjee Committee for producing a draft Model
Police Bill to be incorporated by all states in preparing their respective
legislations dealing with the police in the State and replace the Police Act,
1861. The Model Bill lays down a detailed section establishing and regulating
authorities dealing with complaints against the police.
The Court had prescribed the minimum basic
standards that the Bill must entail for the oversight of police. The Bill
creates a PCA comprising of a Chairperson who shall be a retired Judge of a
High Court and five other members at the state level. A Commission is also
established at the district level for better administration and effective
disposal of complaints against the police. The PCA is authorised to investigate
into complaints alleging any type of misconduct against any police officer who
is of or above the rank of Superintendent of Police and into complaints against
officers below the rank of Superintendent of Police alleging death, grievous
hurt, rape or attempt to rape against a woman in police custody or extortion,
take of land and/or house and incidents involving severe abuse of authority or
any other misconduct referred to it by the State Police Chief or the District
Authorities. In respect of matters being inquired into by the PCA, the
Authority shall have the powers of a civil Court under the Code of Civil
Procedure, 1908. The Commission can also take suo moto cognisance of the alleged
abuse.
2.
Liability under law
This liability finds its basis in the
constitutional and administrative law against the violation of the fundamental
rights of the citizens. A police officer abusing his authority to violate the
right to life and liberty, protection against discrimination, protection
against arbitrary and illegal detention, freedom to move freely throughout the
territory of India etc. can be held liable under the Constitutional law and can
be directed to pay compensation to the victim for the harm or injury caused by
him.
In Sebastian Hongray v. Union of India (1984),
the Apex Court granted compensation to two ladies who were tortured, agonised
and harassed when they went to file a missing person report of their husbands.
These women were taken to an army camp in Manipur by army officials, and their
missing husbands were never produced. Similarly, in Saheli v. Commissioner
of Police (1990), compensation was granted for causing death by beating up
a nine-year-old child in custody.
In UttarakhandSangharshSamiti v. State of
UP (1996), it was held that acts of wrongful restraint and detention, the deliberate
shooting of unarmed agitators, planting of evidence to show false recoveries,
committing rape, tampering with evidence and harassing an individual cannot be
said to be acts done or purported to be done in the discharge of a police
officer's official duties. Accordingly, exemplary damages were awarded to the
persons killed as well as women raped or molested by the police.
3.
Action by the National Human Rights Commission
Under the Protection of Human RightsAct,
1993, the National and State Human Rights Commissions are bestowed with the
power to take cognisance either suo moto or on a complaint made to it alleging
violation of human rights by any person. In pursuance of this power, the NHRC
has the authority to intervene in any proceedings against the police officer
and make recommendations in this regard. Acts of custodial violence and death,
false encounters, atrocity by the police officer, cases relating to women and
children can be reported to the NHRC for scrutiny.
The Commission has consistently pointed out
that the hostile attitude of law enforcement agencies, in turn, breeds
lawlessness and contempt for the enforcing authorities. One way of ensuring the
reduction of such instances is to ensure strict action, including prosecution,
against the perpetrators of all forms of custodial violence. The Commission has
also recommended disciplinary action against the deviant officials and granted
monetary relief to the victims or their next of kin.
Conclusion
With the steady increase in the number of
cases of police brutality in India, it has become an inordinate concern of
human rights violation that requires immediate action. It is highly
inappropriate that the police take the law into its own hands and abuses the
process of law. The statistics show that the rate of police accountability and
conviction of such officers is considerably low. Police being the primary law
enforcement authority and an integral structure of the State, abuse of legal
processes and powers by it is highly dangerous to democracy and can lead to a
state of anarchy.
It is essential that legislative and
executive actions are taken to ensure a free and fair investigation or inquiry
into the matters of police atrocities. Many a times, the officials responsible
for such gruesome acts go unpunished. Senior police officers should not protect
the persons responsible for custodial crimes. An attitude of sensitivity
towards human rights should be inculcated through training and awareness
programmes. Mechanisms should be developed to properly investigate the matter
by setting up a fair and impartial Committee to look into the matter. It is
required that prompt and effective action is taken against the persons responsible
for human rights violation, and mere suspension must not be taken recourse to.
Although the Supreme Court directed the State
legislatures to established a PCA at the state and district levels, only 18
states have done so. Furthermore, there is a severe lack of awareness of the
existence of the PCA amongst the general public. It is also highly recommended
that the appointments to the Authority are made by an independent, unbiased and
impartial body. Another major drawback of the PCA is that its recommendations
are not binding and merely of a directive nature. Nonetheless, the
establishment of PCA is a step in the right direction; effective implementation
and awareness would protect and preserve the rights of the public and the
spirit of democracy.
Recently, to protect the interests of persons
brought into the police station for investigation, the Supreme Court in Paramvir
Singh Saini v. Baljit Singh and Orsrr.,directed
the government to ensure the installation of CCTV cameras and recording equipment
in all interrogation rooms, lockups used by various investigative agencies.
IntroductionThe Farmers Bill 2020 (hereinafter referred to as “The Bill”) has made all the headlines and has definitely caught everyone’s attention for not so good reasons. According to the Government read more
Introduction
The Farmers Bill 2020 (hereinafter referred to as “The Bill”) has made all the headlines and has definitely caught everyone’s attention for not so good reasons. According to the Government this bill aims to improve the already dire situation of the agricultural industry in India. The said bill has introduced three below-mentioned acts:
1. The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020.
2. The Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020.
3. The Essential Commodities (Amendment) Act, 2020.
These bills were presented in the Lok Sabha on 17th September, 2020 and in Rajya Sabha on 20th September, 2020. Subsequently, they were given the accent by the President on 24th September, 2020.
Brief Outline and the new Bills Introduced
The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020: This legislation permits farmers to trade without restrictions in India. This Act provides a countrywide basis for the Farmer-Sponsor arrangements, i.e. the trader or buyer. It also facilitates the barrier-free exchange of agricultural products between States and intra-State and offers a basis for electronic trade.
According to Section 3 (1) of this act, a farming agreement can be constituted between the farmer and the buyer which would provide the essentials of the trade such as price, standard, quantities. This agreement ensures that the farmer gets the pre-determined value of his produce and the value once decided in the agreement cannot be changed irrespective of the market prices.
It also contains a “Force Majeure” clause wherein if the farmer does not deliver the pre-decided amount of produce due to natural calamity, the said amount cannot be recovered against the farmer. Also the Sub-divisional Magistrate would be the adjudicating authority in these kinds of disputes. Section 3 (3) of this act also gives farmers the opportunity to enter into an agreement with corporates.
The Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020: This Act enables farmers to engage in inter-state trade outside mandis and also provides that no market fee shall be levied on trade executed outside of the mandis. The purpose of this act is to widen the scope of selling famers produce and also enabling farmers to sell where they want and where they get the best value for their yield.
The Essential Commodities (Amendment) Act, 2020: The Bill enables the central government, though only under exceptional circumstances to control the supply chain of certain food products (such as war and famine). Only if there is a sharp increase in price the stock limits would be imposed on agricultural products.
The government also ensured that the interests of consumers were safeguarded while liberalizing the regulatory climate. The Amendment provides for certain agricultural food items to be controlled in circumstances such as war, drought, exceptional price rises and natural disasters. The installed capacity of the participant in the supply chains and the exporter's export demand will remain excluded from this stock limit imposition, so as not to deter investments in agriculture.
Reason behind farmers protest:
It has made the headlines that farmers are protesting at the Delhi border and one of their main contentions is that MSP (Minimum Support Price) is not guaranteed under these new laws and also the farmers fear that mandis would become redundant once these laws come into force and they would have to sell their produce outside the mandis at a relatively lower price. The whole unrest can be attributed to the fact that as per the farmers there is no specific provisions when it comes to MSP and they fear that the absence of such provision would make them subjected to exploitation.
Several farmers have stated that the ruling government is heavily inclined towards the big corporate houses and these legislations reflect the same ideology. They further have argued that these laws have also been approved in an unconstitutional manner.
Conclusion and how these laws would affect the general public
There is no denying of the fact that currently this issue has come out as a massive outrage from the farmers and also certain political parties. The Supreme Court of India has also granted a stay on these laws and has suggested constituting a committee which would submit a ground report suggesting if there are any amendments that are needed to done. These laws though are enacted to uplift the agricultural sector, are filled with loopholes through which farmers can be exploited. One of them being the entry of corporate entities, it is believed that the entry of these entities would only benefit big farmers as they place huge orders of produce. Also, corporates have a well structured legal team which can exploit small farmers in case where a dispute arises.
One more concern from a judicial point of view would be that the adjudicating authority would the sub-divisional magistrate and talking about the ground level, it would only increase their work load which would result in in-efficient adjudication process.
The biggest concern of the general public would be the state of monopoly. Once it is struck by the corporates in the agricultural sector, they could demand any price and we have to pay them accordingly. What we are buying at Rs 10 right now would become Rs 100 if this situation is met with.
Going forward, these bills though are enacted with good legislative intention are needed to be re-structured and that could only happen with realizing what is happening at the ground level. With certain amendments and government’s watchful eye, these laws can reform the agricultural sector and can realize its true potential. Agriculture industry in India has huge upside potential but unfortunately is still in a dire condition. Some reforms are desperately needed in this sector and whether these laws can be those reforms is yet to be seen.
The #SupremeCourt of India in the case of Sesh Nath Singh & Anr. versus Baidyabati Sheoraphuli Co-Operative Bank Ltd and Anr. [Civil Appeal NO. 9198 OF 2019], vide its Judgment dated 22.03.2021 held read more
The #SupremeCourt of India in the case of Sesh Nath Singh & Anr. versus Baidyabati Sheoraphuli Co-Operative Bank Ltd and Anr. [Civil Appeal NO. 9198 OF 2019], vide its Judgment dated 22.03.2021 held that the #Limitation Act 1963 is applicable to proceedings under Insolvency and Bankruptcy Code, 2016 (‘#IBC’).
To read more, please visit the link below:
#supremecourt #ibc #insolvencyandbankruptcy #limitation
Vikasnagar, India
New Delhi, India
Ghaziabad, India
New Delhi, India
New Delhi, India
Bengaluru, India
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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.
Transacting on SoOLEGAL Service Terms:
The SoOLEGAL Payment System Service ("Transacting on SoOLEGAL") is a Service that allows you to list Documents/ Advices which comprise of advice/ solution in the form of written communication to your Client who seeks your advice/ solution via SoOLEGAL Site and such Documents/ Advices being for Transaction directly via the SoOLEGAL Site. SoOLEGAL Payment Service is operated by Sun Integrated Technologies and Applications . TheSoOLEGAL Payment System Service Terms are part of the Terms & Conditions of SoOLEGAL Services Transaction Terms and Conditionsbut unless specifically provided otherwise, concern and apply only to your participation in Transacting on SoOLEGAL. BY REGISTERING FOR OR USING SoOLEGAL PAYMENT SYSTEM , YOU (ON BEHALF OF YOURSELF OR THE FIRM YOU REPRESENT) AGREE TO BE BOUND BY THE TRANSACTIONS TRANSACTION TERMS AND CONDITIONS.
Unless otherwise defined in this Documents/ Advice or Terms & Conditions which being the guiding Documents/ Advice to this Documents/ Advice, all capitalized terms have the meanings given them in the Transactions Transaction Terms and Conditions.
S-1. Your Documents/ Advice Listings and Orders
S-1.1 Documents/ Advices Information. You will, in accordance with applicable Program Policies, provide in the format we require. Documents/ Advices intended to be sold should be accurate and complete and thereafter posted through the SoOLEGAL Site and promptly update such information as necessary to ensure it at all times that such Documents/ Advices remain accurate and complete. You will also ensure that Your Materials, Your Documents/ Advices (including comments) and your offer and subsequent Transaction of any ancillary Documents/ Advice pertaining to the previous Documents/ Advices on the SoOLEGAL Site comply with all applicable Laws (including all marking and labeling requirements) and do not contain any sexually explicit, defamatory or obscene materials or any unlawful materials. You may not provide any information for, or otherwise seek to list for Transaction on the SoOLEGAL Site, any Excluded Documents/ Advices; or provide any URL Marks for use, or request that any URL Marks be used, on the SoOLEGAL Site. In any event of unlawful Documents/ Advices made available for Transaction by you on SoOLEGAL site, it is understood that liabilities limited or unlimited shall be yours exclusively to which SoOLEGAL officers, administrators, Affiliates among other authorized personnel shall not be held responsible and you shall be liable to appropriate action under applicable laws.
S-1.2 Documents/ Advices Listing; Merchandising; Order Processing. We will list Your Documents/ Advices for Transaction on the SoOLEGAL Site in the applicable Documents/ Advices categories which are supported for third party REGISTERED USERs generally on the SoOLEGAL Site on the applicable Transacting Associated Properties or any other functions, features, advertising, or programs on or in connection with the SoOLEGAL Site). SoOLEGAL reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the SoOLEGAL Site. We may use mechanisms that rate, or allow users to rate, Your Documents/ Advices and/or your performance as a REGISTERED USER on the SoOLEGAL Site and SoOLEGAL may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions. Transactions Proceeds will be paid to you only in accordance with Section S-6.
S-1.3 a. It is mandatory to secure an advance amount from Client where SoOLEGAL Registered Consultant will raise an invoice asking for a 25% advance payment for the work that is committed to be performed for the Client of such SoOLEGAL Registered Consultant. The amount will be refunded to the client if the work is not done and uploaded to SoOLEGAL Repository within the stipulated timeline stated by SoOLEGAL Registered Consultant.
b. SoOLEGAL Consultant will be informed immediately on receipt of advance payment from Client which will be held by SoOLegal and will not be released to either Party and an email requesting the Registered Consultant will be sent to initiate the assignment.
c. The Registered Consultant will be asked on the timeline for completion of the assignment which will be intimated to Client.
d. Once the work is completed by the consultant the document/ advice note will be in SoOLEGAL repository and once Client makes rest of the payment, the full amount will be remitted to the consultant in the next payment cycle and the document access will be given to the client.
e. In the event where the Client fails to make payment of the balance amount within 30 days from the date of upload , the Registered Consultant shall receive the advance amount paid by the Client without any interest in the next time cycle after the lapse of 30 days.
S-1.4 Credit Card Fraud.
We will not bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorised use of a third party's credit card information) occurring in connection with Your Transactions. We may in our sole discretion withhold for investigation, refuse to process, restrict download for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Documents/ Advices if we ask you to do so. You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.
S-2. Transaction and Fulfilment, Refunds and Returns
S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
1. Fulfilment by Registered User/ Consultant - In the event of Client seeking consultation, Registered User/ Consultant has to ensure the quality of the product and as per the requirement of the Client and if its not as per client, it will not be SoOLEGAL’s responsibility and it will be assumed that the Registered User/ Consultant and the Client have had correspondence before assigning the work to the Registered User/ Consultant.
2. Fulfilment by SoOLEGAL - If the Registered User/ Consultant has uploaded the Documents/ Advice in SoOLEGAL Site, SoOLEGAL Authorised personnel does not access such Documents/ Advice and privacy of the Client’s Documents/ Advice and information is confidential and will be encrypted and upon payment by Client, the Documents/ Advice is emailed by SoOLEGAL to them. Client’s information including email id will be furnished to SoOLEGAL by Registered User/ Consultant.
If Documents/ Advice is not sent to Client, SoOLEGAL will refund any amount paid to such Client’s account without interest within 60 days.
3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
4. SoOLEGAL will remit the fees (without any interest) to its Registered User/ Consultant every 15 (fifteen) days. If there is any discrepancy in such payment, it should be reported to Accounts Head of SoOLEGAL (accounts@soolegal.com) with all relevant account statement within fifteen days from receipt of that last cycle payment. Any discrepancy will be addressed in the next fifteen days cycle. If any discrepancy is not reported within 15 days of receipt of payment, such payment shall be deemed accepted and SoOLEGAL shall not entertain any such reports thereafter.
5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
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.
YOU HAVE AGREED TO THIS TRANSACTION TERMS BY CLICKING THE AGREE BUTTON