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This case study examines the applicability of the objects and purpose of the Competition Act in the crucible of the Supreme Court of India's decision in the Swiss Challenge Method case. Swiss Challenge read more
This case study examines the applicability of the objects and purpose of the Competition Act in the crucible of the Supreme Court of India's decision in the Swiss Challenge Method case. Swiss Challenge Method is a distinct scheme adopted in a few cases in India. Under this method, any person, firm, association or private developer can approach the public authorities with an innovative proposal for development of the Government lands.
The Competition Act, 2002[1]
which received the assent of the President on 13th January, 2003 has been
enacted to prevent practices having adverse effect on competition, to promote
and sustain competition and to ensure freedom of trade. It would be interesting
to examine the applicability of the objects and purpose of this Act in the
crucible of the Supreme Court of India's decision[2] in
the Swiss Challenge Method case.
"Swiss Challenge Method[3]"
is a distinct scheme adopted in a few cases in India. Under this method, any
person, firm, association or private developer can approach the public
authorities with an innovative proposal for development of the Government
lands. The said proposal is scrutinized. If found to be technically and financially
viable, the proposal is accepted. The professed aim ostensibly was to
accelerate rapid growth in the housing sector by inducting private entrepreneur
through public-private partnership. In view of the resource crunch, the Maharashtra
Government decided to enter into joint venture agreements with private parties
for development of the government lands by invoking the Swiss Challenge Method.
Public tenders are then floated. The
person, who has voluntarily submitted a proposal for development of the
Government lands called the originator, comes to acquire the priority right to
the joint venture contract even if he is not the highest Tenderer. That is so
provided he agree to raise his bid to that of the highest Tenderer. In this manner,
the originator of the proposal is given the right of first refusal or right of first
choice to match the offer given by the highest Tenderer and bag the joint venture
contract even though he is not the highest bidder. On the other hand, if the
originator of the proposal declines the option, the contract is awarded to the
highest tendered whose bid is found to be most competitive. If the highest tendered
backs out, then the earnest money deposited by him stands forfeited. Arguably,
the policy is said to favor of public interest. The right of first refusal
contained in the Swiss Challenge Method is said to serve twin purposes.
Firstly, it boosts or encourages private participation in the development of
the government lands and secondly, the development contract is awarded at the
best competitive price ascertained from the bids received from the public
tender.
This method was at the center of controversy
of the case under discussion. Coming to the factual matrix of the actual case,
on 25th August, 2006, M/s. Ravi Developers submitted a proposal to the civil
authorities for development of certain land situated at Mira Road (District
Thane in Maharashtra). The land belonged to Maharashtra Housing and Area
Development Authority (in short MHADA), a body constituted by the State
Government. The potential available on the said land was 69,000 sq. mtrs. (Residential)
and 2,800 sq. mtrs. (Commercial). The originator offered to develop the said
lands at his own cost and give roughly one fourth area free of costs to MHADA.
Thereafter, a similar proposal was submitted
by M/s. Ravi Developers to the Chief Minister on 11th October, 2006. The Chief
Minister was also holding the portfolio of Housing at the time. The same day
the proposal was forwarded to the MHADA calling for a detailed report.
The proposal was accorded unusually
high priority by the officials. It was felt that the "Swiss Challenge
Method" was more desirable being totally transparent and open to public.
It was further stated that under the said method the originator of the proposal
gets a chance to develop the property by a democratic method provided he raises
his offer up to the bid made by the highest Tenderer.
On receiving approval from the
State Government, a public notice was issued inviting tenders for development
of the said lands. After holding pre-bid conference, the tenders received from different
parties were opened. The scrutiny of the tenders showed four persons to be
eligible Tenderers. The bid offered by the petitioner for development of the
lands was held to be the most competitive. This was so because the saleable
area offered to MHADA free of cost by the petitioner was double as compared to
the originator.
As per the notice about the Swiss Challenge
Method circulated by way of public notice, MHADA had called upon the originator
to exercise his right of first option. Within three days, he agreed to accept
the project on the terms offered by the highest Tenderer.
The highest Tenderer challenged the
denial of contract to him. He complained that the entire bidding process was devised
and designed with a mala fide intent to favor the originator. He claimed that
the authorities had adopted the Swiss Challenge Method only with a view to give
preferential treatment without any justification to the originator. It was further
contended that in awarding government contracts, the action of the authorities
ought to have been fair, transparent. It should have given level playing field
to all the eligible bidders. It should not be seen to be distributing largesse
to the favored persons.
The contract was challenged by
other bidders before the Bombay High Court on the ground that the recourse to
the Swiss Challenge method lacked transparency, level playing field, and
equality of opportunity, competitive bidding and fairness[4].
The right of first option given to the originator simply because he had approached
the Chief Minister had been unfair to the other participants. The contract
should have been awarded to the highest Tenderer. In the alternative, all the
four Tenderers should have been given an opportunity to raise their bids. The
contract should have been given to the bidder whose offer
was the highest.
It was also pointed out MHADA has been
established under a statute for the specific purpose of providing housing to
the lower and middle income group to mitigate acute shortage of housing. The joint
venture project entered into by MHADA with a favored private developer was
beyond the scope for which MHADA was established.
Relying upon the decision of the
Apex Court in the case of Sterling Computers Ltd. v. M&N Publications Ltd.[5],
it was urged that the public authority or the State Government cannot have
unfettered discretion and the doctrine of executive necessity had limited
application in such cases. The Wednesbury Principle[6] of
fairness in administrative decisions was shown to apply in the matters of awarding
government contracts by invitation of public tenders. Therefore awarding the
contract to the originator without any justification was liable to be quashed
and set aside.
The above arguments were countered
by the State Government. It was asserted that the policy of the Government to
enter into joint venture Public Private Partnership was purely in public interest.
It was intended to accelerate the rapid growth of the housing sector. The resource
crunch had left little option but to adopt Public Private Partnership (PPP) for
development in housing sector. There were adequate checks and balances provided
in the said scheme. The originator of the proposal was required to develop the
lands on the terms offered by the highest Tenderer. Consequently, the same
avoided scope of any loss to the exchequer. If the originator had declined to
accept the project then the highest Tenderer would have been called upon to
execute the contract, failing which the earnest money deposit was liable to be
forfeited. This methodology had ensured that the tenders submitted were realistic
and competitive. The originator of the proposal had conceptualized the entire project.
Thereby, precious time and money of the public authorities were saved in that
behalf. Therefore, Swiss Challenge Method introduced by the Government could
not be said to be unjust, illegal or contrary to law.
The Respondents further highlighted
that the Swiss Challenge Method had been introduced with the approval of the
government. Therefore, the public tender in question was issued with due authority.
The originator had been awarded the contract on the terms offered by the highest
Tenderer. Had he declined, then the contract would have been awarded to the
highest Tenderer. To conclude, there was complete transparency and no prejudice
had been caused to any one due to adoption of the novel scheme.
The High Court held the invocation
of the Swiss Challenge Method in the instant case to be "wholly unfair, unreasonable,
arbitrary, illegal and contrary to law". It quashed the contract awarded
to the originator.
The matter was then taken up to the
Supreme Court in appeal. Finally, it came to be decided by the judgment dated,
11th May, 2009.
The Court pointed out that in the
matter of inviting tenders and awarding Government contracts, public interest
is of paramount consideration. Undoubtedly, the Courts can intervene in policy
matters by applying the doctrine of proportionality, where the policy decision
is found to be arbitrary or discriminatory. The policy can also be upturned
where it was seen to be contrary to public interest for valid and good reasons
or held to be unreasonable.
In the matters of awarding
Government contracts, the doctrine of "level playing field" plays an
important role. Article 14 of the Constitution would apply in contractual
matters also. If the policy decision of the Government in a contractual matter
was found to suffer from the vice of fairness or reasonableness, then such an
act or decision would be unconstitutional.
Swiss Challenge Method introduced by the Government could not be
said to be unjust, illegal or contrary to law
The State Government had
consistently held that it had not suffered any loss by awarding the contract to
the originator. Such a view had failed to impress the High Court on many
counts. Firstly, there was every possibility that many genuine Tenderers may
not have participated in the tender activity with their competitive bid. Their
reservation could have been on account of the preferential treatment sought to
be given to the originator in the public tender. Secondly, the highest Tenderer
was willing to raise his bid further. However, he was not permitted and only
the originator was allowed to enhance his bid. The Government had thus suffered
financially by invoking the Swiss Challenge Method.
The Supreme Court ruled that the originator
was not conferred any preferential treatment by the State. Actually, he had
submitted an innovative proposal for development of the government land. His plan
which was found to be technically and financially viable. Earlier, the High Court
had recorded that actually his proposal did not contain any innovative development
plan for utilization of the government lands. He had only quantified the
balance potential available in respect of the said lands. Moreover, he had
expressed his willingness to develop the said lands at his own cost by offering
certain constructed area in the form of units for allotment to MHADA free of costs.
Consequently, conferring preferential treatment to the originator on the ground
that he had quantified the balance potential available on the said lands amounted
to treating the equals unequally which is not permissible in law.
The Supreme Court brushed aside the
High Court finding that granting
preferential treatment to the originator merely because he had approached the Chief
Minister would be opposed to rule of law. In the eyes of the High Court, it
cannot be said that the persons approaching the governmental authorities form a
distinct class so as to avail preferential treatment.
The Supreme Court held that in
adopting the impugned method proper public notice had been issued. All the
intending developers had offered their bid. The originator of proposal had been
given an opportunity to match the highest bid amount. After fulfilling all the
formalities, the contract was accepted in favor of the originator. Therefore,
the Government of Maharashtra had, in no way, suffered any financial loss or sidelined
the other developer's in awarding contract in favor of Ravi Development.
Where the policy decision of the Government
is to award contract for
development of the government lands on the basis of the free saleable area made
available to the administration, then, every Tenderer would have to be given a fair
opportunity to bag the contract by offering a most competitive bid and in such a
case, conferring preferential treatment to any particular Tenderer would be
wholly unfair, unreasonable, discriminatory and violate of Article 14 of the
Constitution.
The Supreme Court took notice of
the situation that Swiss Challenge Method is adopted in Chile, Costa Rica, Guam
(U.S. Territory), Indonesia, Korea, Philippines, South Africa, Sri Lanka, Taiwan
(China), Virginia (U.S.) and also in India by Andhra Pradesh, Rajasthan, Madhya
Pradesh, Chhattisgarh, Gujarat Uttaranchal, Punjab States and Cochin Port authorities.
The above information by way of an assertion shows that Swiss Challenge Method
is already in prevalence in various States in India as well as overseas.
However, the Supreme Court did not take care to find if there is any information
about the experiment being a success in those countries and whether it is still
being favored.
The Supreme Court proceeded to underline
that the decision to apply
Swiss Challenge Method clearly fell within the realm of executive discretion and
in this case the discretion was exercised after due application of mind. According
to the Court, the State of Maharashtra, after due deliberations and study of
the methodologies which were
prevailing in the country for dealing with suo
motu development proposals had decided to apply Swiss Challenge method to the
proposal of the originator, This method had been applied by the State Government
only on a pilot basis, The scheme was transparent in as much as all the parties
were well aware of the "right of first refusal" accorded to the "originator
of proposal". As per the method, which was known to all the parties, the
originator of the proposal must in consideration of his originator of his
vision and his initiative is entitled
to the benefit of matching the highest bid submitted. The said method was beneficial
to the government which did not lose any revenue as it had still got the highest
possible value. The Supreme Court accepted the plea that in view of financial
crunch and availability of undeveloped lands, National and State Housing
policies provide for the encouragement of private participation The State
Government was also well within its rights to try out on pilot basis a
methodology recognized
internationally as well as in India. Under such circumstances, the order of the
High Court was held to be unjustified where it struck out the Swiss Challenge Method
without allowing the State Government to exercise its executive discretion on a
pilot basis. According to the Supreme Court, it was not possible to reject the
claim of State of Maharashtra and MR.ADA. The shortage of land and increasing
cost in housing sector had led to the Central and State Governments to resort
to public private joint ventures. In the said category, Swiss Challenge Method
was the most acceptable and a democratic method as compared to other options.
In the concluding part of its
judgment, the Supreme Court decided that the pilot project or the initiative taken
by the Government of Maharashtra along with MHADA to encourage Public Private Participation
was in accordance with the need of the time as well as a laudable effort. Strangely,
in the same breath, the Court declared that to make it an effective approach
Swiss Challenge Method or any other encouraging concept should be duly publicized
first. "The effort of Public Private Participation can only be possible
when private entities are aware of such scheme." It is difficult to
imagine what was the cause for such an observation? If the scheme was actually
well formulated, transparent and fairly executed then what led the highest
Court to make this comment.
The Court went on to state, also in
the scheme of availing a new system thorough rules and regulations are needed
to be followed otherwise unfairness , arbitrariness or ambiguity may creep in.
In order to avoid such ill- effects, the State Government is suggested to
consider the following aspects:
(1) The State/ Authority shall publish in advance the nature
of Swiss Challenge Method and particulars;
(2) Publish the nature of projects
that can come under such method;
(3) Mention/notify the authorities
to be approached with respect to the
project plans;
(4) Mention/notify the various fields
of the projects that can be
considered under the method;
(5) Set rules regarding time limits
on the approval of the project and
respective bidding;
(6) The rules are to be followed
after a project has been approved by the respective authorities to be considered
under the method.
(7) All persons interested in such developmental
activities should be given equal and sufficient opportunity to participate in
such venture and there should be healthy inter
se competition amongst such developers. These suggestions are not exhaustive
and the State is free to incorporate any other clauses for transparency and
proper execution
of the scheme. The State Government is suggested to frame
regulations/instructions on the above lines and take necessary
steps thereafter in future.
Surely, there could not have been
any occasion for the Apex Court to make these observations, if all was well
with the award of contract. It was outside and beyond the call of the Supreme
Court to delve into the domain of executive policy. On the other hand, the remarks
about a
need for "health inter se competition, "incorporate
transparency" and "proper execution" raise doubts about the Apex
Court's care for adherence to best practices related to the competition regime
in this case. The judgment is silent whether the award of contract was examined
to determine if it showed abuse of dominance.
The Competition Act, 2002 prohibits
anti-competition agreements and abuse of dominant position by enterprises. It
also prohibits any agreement which causes or is likely to cause, appreciable
adverse effect on competition in markets in India. Any such agreement is void.
The
decision has raised a number of interesting questions. To illustrate,
whether the Court had taken into consideration the import of competition law?
Whether any scheme though lacking any innovation can still be considered for
Swiss Challenge Method? Whether the countries like Chile, Costa Rica etc. which
have recognized the Swiss Method also practice the competition regime?
The High Court had opined that the Government of Maharashtra had been put to financial loss. However, based on the same documents the Supreme Court recorded an opposite finding! It is hoped that numerous queries emanating from the Swiss Challenge case would find answer at a future data specially, from the stand point of competition law.
Copyright © Nilendra Kumar
[1] Act No 12 of 2003
[2] Ravi Development v. Shree
Krishna Prathisthan MANU/SC/0994/2009:
(2009) 7 SCC 462
[3] According to Wikipedia, the
free encyclopedia, a "Swiss Challenge" is a form of public 172
procurement in some (usually lesser developed) jurisdictions which requires a
public authority (usually an agency of government) which has received an
unsolicited bid for a public project (usually a port, road or railway) or
services to be provided to Government, to publish the bid and invite third
parties to match or exceed it. It 1s an offer made by the original proponent to
the Government ensuring his process to be best by his initiative (as a
result of his own innovative approach) or on the demand of the Government to
perform certain task.
[4]
High Court of Bombay
W.P. (L) No. 2714 of 2007 with PIL No. 72 of 2007
[5] MANU/SC/0439/1993: 1993 (1)
sec 445
[6] Wednesbury Principle
relates to an English case law which set down the standard of unreasonableness
of public body decisions which render them liable to be quashed on judicial
review. To have the right to intervene, the court would have to form the
conclusion that:
• The authority taking the decision took into account factors that ought not to
have been taken into account, or
• The authority failed to take in account factors that ought to have been taken
into
account, or
• The decision was so unreasonable that no reasonable authority would ever
consider imposing it.
1. The successful passage of Inter-Services Organizations (Command, Control and Discipline) Bill, 2023 by the Parliament in its last session has been claimed as a major statutory step by the Union Government read more
1. The successful passage of Inter-Services Organizations (Command, Control and Discipline) Bill, 2023 by the Parliament in its last session has been claimed as a major statutory step by the Union Government to make the theatre commands effective . The Bill after attaining the assent of the President formally comes to occupy a space in the India Code. It became the law governing the above category of military formations after its publication in the official Gazette on 15 Aug 2023 and coming into effect.
2 . Tri service establishments had been functioning in the military for over many decades. Examples can be cited of the National Defence Academy, Defence Services Staff College, College of Defence Management National Defence College in the training domain. These were logistical establishments like National Cadet Corps or Embarkation Headquarters. Such entities did not have any significand operational roles. Hence, their disciplinary and legal requirements were met by their placing them under geographical commands. The same approach was followed for Indian Peace keeping force deployed in SriLanka which functioned under the Pune based Southern Command.
3. The raising of Andaman and Nicobar Command with its Headquarters at Port Blair in Sep 2001 was the first major step towards setting up of integrated service commands in the India Armed Forces. Strategic Forces Command was soon to follow as the next entity towards creation of tri-service commands. There are also some tri-service organisations like the Defence Intelligence Agency, Defence Cyber Agency, Defence Space Agency, etc. A necessity was then felt for arming the operational commanders with the requisite administrative, financial and more importantly legal powers and authority over the men borne on the rolls of the units and formations under them. However, a law in the form of the new Act looks almost 22 years to be enacted. The dictionary meaning of the word ‘integrated’ is to join things so that they become one thing or work together. The word Tri Service in the context of military means the Army, Navy and the Act force.
4. Inter-service organizations, role or operations do not seem to have clear and definite definitions with any degree of legal precision. Various terms used are ‘combined’, ‘joint’, ‘integrated’, ‘tri-service’ and, ‘unified’ etc. These terms usually find mention in military literature. In operational context too. An exercise to clothe them with statutory sanctity is yet to be undertaken. The new law has used two terms, vis ‘inter-services organisations’ and ‘joint services command’ without defining them.
5. The entire exercise leading to the enactment of the new law apparently seems to have been carried out in haste. The legislative efforts did not see any worthwhile discussion during its passage in the two houses of parliament. It was also not deliberated upon by the Parliamentary Committee and nor were the comments of the domain experts or general public solicited. Such an approach would have denuded the law the benefits of requisite scrutiny while it was on the drawing board.
6. The statement of objects and reasons are often called a key to the concerned legislation. These in relation to the ISO Act stated that its purpose is to facilitate maintenance of proper discipline and proper discharge of their duties by the service personnel. The use of prefix ‘proper’ to discipline may be a trifle confusing if read with Article 33 of the Constitution Further, the above statements indicates taken care had been taken not to disturb “the unique service conditions” or ‘amending the service Acts’ . Undoubtedly the twin objectives are laudatory. But does the new law appear statutorily capable to achieve these objectives?
7. The statement of objects and reasons accompanying the Act (ISO) procced to underline the need to empower heads of inter service organizations to exercise effective discipline on all persons of the three services. However, such a dream appears to be illusory because of inherent specific legal regimes of the Army, Navy and Air Force. Their lack of uniformity in legal architecture may present dissimilar situations in tri-service context. This gives a meaningful scope to argue and project its defence. To illustrate, only Army has the system of Summary Courts Martial. Navy Act carries sections allowing their JAG to carry out a judicial review of the court’s martial verdict. Air Force law does not provide for any of the above. Such variations may at some stage draw dissatisfaction and criticism, to illustrate, in matters of conviction, the award of sentences and their executions etc.
8. The Act in its present form calls for a revisit of a few glaring discrepancies and notable omissions. To illustrate, ‘Chief of Defence Staff’ has been included in the ‘definitions’ but his role, powers and functions etc. are not mentioned. Such a position is contrary to the approach adopted in the Army Act. COAS stands defined under Sec 3 (iv) of the Army Act and status. The rank of the CDS has been left undefined. This may create legally unavoidable situations in furture in matters of inter-action with other service heads or even commanders -in-chief. The terms officer commanding the regular Army. ‘Commander-in-Chief’, ‘Commanding Officer’ and ‘Officer in Command’ have all been defined in Section 3 of the new Act and their powers indicated in Sec 4(2), 5 and 8. Thus, the authority of CDS over his subordinate commanders has little statutory base. Another major anomaly has been created due to the new Act using for key terms like ‘command’, ‘control’, ‘discipline’, ‘joint services command’ and ‘force’ without defining them.
9. Further, complication is compounded by the use of words ‘actual command’ as appearing in Sec 3 (1) (d). It may give rise to a contingency that an officer in ‘command’ is not in ‘actual command’. It would run contrary to the centuries old practice of the soldiers (including officers) being attached to other units or formations on disciplinary grounds. In those situations, they cannot be viewed to be under commanding officers ‘in actual command’. However, such a notion is contradicted by the long title of the statute which has words in relation to service personnel who are serving under or attached to his command emphasis added. The two opposing meanings would require to be resolved. Otherwise, such a position may result in a charge for an offence of ‘disobedience of a lawful command’ running into a challenge by an accused and cannot be ruled out.
10. The President of India is the Supreme Commander of the Armed Forces. As such, the exalted office of President finds mention in the military law at a number of places like Section 18 of the Army Act. However, the ISO Act is bereft of any reference to the President.
11. The term ‘inter services organization’ has been defined under Sec 2 (1) (g) of the Act to mean a body of troops including a joint services command consisting of persons subject to the Air Force Act, Army Act or the Navy Act, as the case may be. This is an inclusive definition but not an exhaustive one. It appears baffling why the term ‘joint services command’ (JSC) has remained undefined? Be that as it may, by implication, a joint services command is superior and a higher body than an ‘inter services organization’. This is so because a JSC is commanded by a commander in chief (Sec 3(c) whereas an ISO would be under an ‘officer in Command’ (Sec 2(g).
12. The preamble to the Act professes that it is meant to empower the Commander-in-chief or the officer in Command of Inter services Organizations in respect of service personnel who are subject to the Act Force Act, 1950, the Army Act 1950 and the Navy Act, 1957 who are serving under or attached to his command for the maintenance of discipline and proper discharge of their duties and for matters connected there with or incidental thereto. Viewed in that context, if any portion of the Act or a matter outside does not contribute to such empowerment, the same should does not need a to be mentioned in the Act.
13. The service Acts contain specific provisions about junior commissioned officers, warrant officers, petty officers, non-commissioned officers and enrolled persons, etc. These relate to mode of their entry, privileges, service tenures, disciplinary sanctions and laid down manner of seeking reliefs by them, etc. Strangely the ISO Act has chosen to ignore them.
14. Another glaring omission is of service chiefs like ‘Chief of the Army Staff’ from the text of the new law. Such an absence negates the provisions of the Army Act releasing to redressal of grievances, grant of maintenance and relief to a person of that service who is part of an inter service organization. Who would exercise the powers of COAS and CNS in their cases?
15. COAS has been vested with distinct powers under the statute. To illustrate, dismissal or removal from service of any person other than an officer (Sec 20(2), reduction to a lower grade or rank or the ranks any warrant officer or any non-commissioned officer (Sec 20 (2); decision on any complaint of any aggrieved person other than officer (Sec 26), etc. This authority is nowhere to be seen in the ISO Act. Hence, the authority of COAS may appear questionable with regard to relevant aspects like control on tenure (Sec 20), redress of grievances (Sec 26), specification (Sec 84), action as superior military authority (Sec 88), directions on C of I (Sec 90) (h), Pay & allowances of prisoner of war (Sec 96), convening of General Court Martial (GCM) (Sec 109), and numerous other provisions . Where he so decides in writing, using his powers under Army Rule 184 he is vested with a power to order that the copies and statements forming part of a court of inquiring are not to be furnished to person even though these may have a bearing on his character or military reputation. Requirement of Such a clause may, of course, arise in very special circumstances eg national security. Would such an authority be exercisable under the new law, and if so by whom?
16. Under the earlier scheme, COAS had a distinct role with regard to the conversing of a GCM or Summary General Court Martial (SGCM). He was not empowered to confirm death sentence which was within the domain of the Central Government. Further, all cases of sentence passed on officers of dismissal or higher, and any sentence to an officer who holds or had held the rank of Colonel could be confirmed only by the COAS. The ISO Act does not contain any provisions in this regard. What then would be the disposal of cases relating to ISOs? Their cases cannot be forwarded to their service heads because superintendence of the ISO shall vest in the Central Government CDS is not armed with any authority in this regard. The law is silent as to whom would the disciplinary matters travel beyond the Commander in Chief?
17. The persons affected by, or being proceeded against, under above provisions shall stand deprived of requisite scrutiny and/or relief by the COAS or at his office.
18. Two major short comings of the new law are their incapacity to bolster a soldier’s self-respect and confidence. The self-esteem would be hurt due to absence of inclusion his of (or her) status in the proposed Act. Further, the person may carry a feeling of hurt and the confidence may take a downslide because of absence of a right to seek remedy or relief even if he has reasons to harbor genuine grievances. Whom would he turn to? Would it be the chief of the service to which he belongs (but doesn’t serve under him) or to the theatre commander (where the Chief of Defence Staff does not hold authority to provide a redressal.)?
19. Two key legal tools indispensable for maintenance of discipline in the Army are courts of inquiry, which is meant to be utilized for investigations, and secondly courts martial that are convened for violators of the stern military code. There are clear cut provisions in the service Acts about the purposes of these two bodies mentioning the composition, utility as well as the eligibility and disqualifications of persons to serve as their members. Their powers are also duly indicated. However, the text of the new Act has not dealt with this issue. Resultantly it would create doubts as to how a matter relating to a mixed force forming part of an ISO would be legal dealt with, and also if the final decision would inspire confidence amongst the rank and file for its impartiality and fairly treatment? Would an accused facing trial of the court martial having majority of the members belonging to other two service be confident of getting just treatment on being dealt by an all Army Court?
20. Usually all statutory legislations carry rule making powers which are vested in the Government at the Union, or the State, as the case may be. The specific reach and parameters of such powers are also enumerated in Army Act Sec 191 (2). Ironically, the new Act empowers the Central Government with such powers but does so without spelling out contours of such authority by merely providing, “the central government may make rules for the purposes of carrying out the provisions of this Act. " Such an imprecise wording carries the potential of legal mischief or the risk of being held ultra vires.
21. Complication may be also arise in matters of seeking remedy under the Armed Forces Tribunal Act, 2007 (Act No 55 of 2007) till such the proposed Act is suitably linked with the AFT Act.
22. Despite the tri service formations existing in India for over two decades, little progress has been made in drafting a Uniform Code of Military Justice. Such a code has been able to effectively provide a common and seamless legal regime in the USA for three wings of their defence forces who no longer require separate legislations for them. A uniform code encompassing issues like women entry, Agniveer mode of induction, cyber-crimes, environmental norms and disregard of human rights and use of social media etc. is the need of the hour.
23. In tune with increasing strategic clout that India is now poised to wield by transnational deployments may soon become common place. In the wake of QUAD alliances, hostile posture of the Chinese, and having regard to the emergence of AI, introduction of other sophisticated armaments, use of outer space and a contingency warranting recourse to use of greater lethal force may among other implications may pose unprecedented issues about culpability and jurisdiction of domestic courts. Such a possibility may warrant an initiative capable of exhibiting catapulting the country’s ability to maintain a disciplined combat effective force. The ability expects it to show requisite adherence to rule of law in the current eco-system of security imperatives. The same would depict confidence of securing a profile of being second to none.
24. What are the pressing challenges at this juncture? The delay in disposal of pending disciplinary cases is often seen coupled with a diverse variety of military matters being taken to the Supreme Court after their cognizance. It underlines a need for a thorough overhaul of military legal system. The figures about number of AFT decisions being upturned by the Supreme Court is also not insignificant. Such a state calls for urgent measures for reform of military legal system. The situation is compounded by a higher number of suicide cases on one hand, and reports of military’s high handedness in the cases pertaining to areas where provisions of Armed Forces (Special Powers) Act stand invoked.
25. With the strength of over 1.4 million active personnel and a total budget of INR 5.94 trillion, Indian armed forces are ranked world’s second largest military force. They are tasked to unfailingly vigil about 15200 KMs of land boundary and more than 7000 KMs of maritime borders. The national aspirations coupled with a geostrategic vision compatible with its third largest economy would expect its soldiers to be led by legally flawless and democratically robust laws.
इंटरनेशनल ह्यूमैनिटेरियन लॉ (आई एच एल )कानून के क्षेत्र में पब्लिक इंटरनेशनल लॉ की श्रेणी में एक रोचक और आधुनिक विषय है। इस कानून की पढ़ाई करने से उसमें रुचि लेने वाले छात्र एक सफल कैरियर को चुन सकते read more
इंटरनेशनल ह्यूमैनिटेरियन लॉ (आई एच एल )कानून के क्षेत्र में पब्लिक इंटरनेशनल लॉ की श्रेणी में एक रोचक और आधुनिक विषय है। इस कानून की पढ़ाई करने से उसमें रुचि लेने वाले छात्र एक सफल कैरियर को चुन सकते हैं। उसमें प्रैक्टिस, टीचिंग, रिसर्च तथा वैतनिक जाॅब के लिए अनूठे अवसर उपलब्ध हैं।
एल एल एम या पोस्ट ग्रेजुएशन करने के बाद इसमें छात्र देश और विदेश में कई चुनिंदा विकल्प से परिचित हो सकते हैं। संयुक्त राष्ट्र संघ, पीस कीपिंग डायरेक्टरेट, थिंक टैंक, फॉरेन यूनिवर्सिटी, मीडिया, इंटरनेशनल क्रिमिनल कोर्ट, आई सीआर सी आदि में जुड़ने के लिए वह क्वालीफाई हो जाते हैं।
आई एच एल को लॉ ऑफ़ वॉर या लॉ ऑफ़ आर्म्ड कनफ्लिक्ट के नाम से भी जाना जाता है।
यूट्यूब पर इस विषय में मेरे जानकारी से भरे और उपयोगी वीडियो देखें। एक वीडियो की लिंक नीचे दी गई है।
https://youtu.be/B4xWGby0vLY?si=0teNqq6gAztlSyHQ
अन्य कई वीडियो भी अपलोड किया जा चुके हैं जो लैक्स काउंसिलिंयम फाउंडेशन नाम की मेरी चैनल पर उपलब्ध हैं।वीडियो देखें, शेयर करें,और लाइक करें। चैनल को सब्सक्राइब भी अवश्य करें।
कानून में डिग्री के लिए पढ़ रहे छात्रों में से अधिकांश नौकरी करना चाहते हैं। पढ़ाई पूरी होने के बाद वह नियमित रूप के किसी जाॅब की तलाश में रहते हैं। इस प्रकार के विद्यार्थियों की सहायता के लिए हमारी चैनल read more
कानून में डिग्री के लिए पढ़ रहे छात्रों में से अधिकांश नौकरी करना चाहते हैं। पढ़ाई पूरी होने के बाद वह नियमित रूप के किसी जाॅब की तलाश में रहते हैं। इस प्रकार के विद्यार्थियों की सहायता के लिए हमारी चैनल लेक्स कौनसीलियम फाउंडेशन ने कुछ विभिन्न क्षेत्रों में पोस्ट के विषय में जानकारी एकत्रित की है। हमारी फाउंडेशन की प्लेलिस्ट 'कैरियर्स इन लॉ' में आप निम्नलिखित कैरियर के विकल्पों के बारे में जानकारी प्राप्त कर सकते हैं।
इस दिशा में नीचे लिखे क्षेत्र में नौकरियों के लिए हमारे वीडियो अब तक अपलोड किये जा चुके हैं। इनकी लिंक भी सामने देखी जा सकती है। आप इन वीडियो को देखकर अपनी पसंद के अनुसार तैयारी शुरू कर सकते हैं। वीडियो में यह भी बताया गया है कि इंटर्नशिप कहां करनी चाहिए जो काम शुरू करने में लाभप्रद हो।
इसके अतिरिक्त अन्य पांच प्रकार के जाॅब के लिए हमारे वीडियो हर रविवार को 11:45 पर रिलीज किए जाएंगे। आप उनको भी अवश्य देखें।
अपने कमेंट हमें लिखें। यदि आपके कोई सवाल हैं तो वह भी लिखें।
हमारे चैनल को सब्सक्राइब भी करें।
Introduction Medical negligence, also known as medical malpractice, refers to a legal concept that arises when a healthcare professional fails to provide the standard of care expected in their field, read more
Introduction
Medical
negligence, also known as medical malpractice, refers to a legal concept that
arises when a healthcare professional fails to provide the standard of care
expected in their field, resulting in harm to a patient. This breach of duty
can lead to serious physical, emotional, and financial consequences for
patients and their families. In such cases, the expertise of a skilled lawyer
becomes crucial to help victims of medical negligence seek justice and obtain
compensation for their losses. The word negligence was defined by Hon’ble
Supreme Court in Kusum Sharma &
Ors v. Batra Hospital & Medical Research CIVIL APPEAL NO.1385 OF 2001, as “Negligence is the breach of a duty exercised by omission to do
something which a reasonable man, guided by those considerations which
ordinarily regulate the conduct of human affairs, would do, or doing something
which a prudent and reasonable man would not do”.
Defining Medical
Negligence
Medical
negligence occurs when a healthcare provider, such as a doctor, nurse, surgeon,
or hospital, deviates from the accepted medical standards of care, resulting in
injury or harm to a patient. To establish a case of medical negligence, certain
elements must be proven:
Negligence
is also mentioned in Section-2(11)(i) of the Consumer
Protection Act, 2019 and is equated with Deficiency in Service. The
section reads as under, “(11)
"deficiency" means any fault, imperfection, shortcoming or inadequacy
in the quality, nature and manner of performance which is required to be
maintained by or under any law for the time being in force or has been
undertaken to be performed by a person in pursuance of a contract or otherwise
in relation to any service and includes— (i) any act of negligence or omission
or commission by such person which causes loss or injury to the consumer”
How a Lawyer Can Assist
in case of Medical Negligence
Cases
involving medical negligence can be filed in Consumer Forums in India or
directly in criminal courts if due to the rash act of the medical practitioner,
a death has been caused. A lawyer in both the scenarios not only navigates you
through the complex process but also puts his best foot forward to grant you
the compensation you rightfully deserve. In cases of medical negligence,
seeking legal representation is essential to secure the compensation and
justice the victim deserves. Here's how a lawyer can help:
It is always advisable to engage a professional lawyer in order to determine the strength of your case. This practice will also enable you to get educated about your rights as a victim of medical negligence.
Connect with an expert lawyer for your legal issue
We have tried to cover every aspect of
the above-mentioned subject. However, if you have any queries regarding the
same, please connect with us at +91
98109 29455 or mail us at info@soolegal.com.
India's central law, the Narcotic Drugs and Psychotropic Substances Act, 1985, prohibits weed consumption, possession, sale, or purchase. However, states have their own legislation, making weed possession read more
India's central law, the Narcotic Drugs and Psychotropic
Substances Act, 1985, prohibits weed consumption, possession, sale, or
purchase. However, states have their own legislation, making weed possession a criminal
conduct and posing legal issues associated with it.
Weed’s
definition as per NDPS Act, 1985
As per Section 2 (iii) and (iv) of the NDPS Act, 1985,
weed is defined as:
“(iii) cannabis (hemp) means:
1.
charas,
that is, the separated resin, in whatever form, whether crude or purified,
obtained from the cannabis plant and also includes concentrated preparation and
resin known as hashish oil or liquid hashish;
2.
ganja,
that is, the flowering or fruiting tops of the cannabis plant (excluding the
seeds and leaves when not accompanied by the tops), by whatever name they may
be known or designated; and
3.
any
mixture, with or without any neutral material, of any of the above forms of
cannabis or any drink, prepared therefrom;
(iv) cannabis plant means any plant of the genus cannabis;”
The definition of cannabis under the NDPS Act excludes bhang as a
component of the plant.
The sale and manufacture of cannabis resin and flowers is prohibited by the NDPS Act, but the use of cannabis plant leaves and seeds is permitted, with states having the ability to regulate and execute state legislation. Section 10 of the NDPS Act of 1985 gives the states this ability. Anyone found with any of these cannabis plant components might face arrest.
Legal position of weed in
different states
Cannabis is not completely prohibited under the NDPS Act, and it can
be utilized for medicinal, scientific, industrial, and horticultural reasons
with the necessary approvals from the individual state governments.
1. Odisha is one of the Indian states where marijuana is legal, and
inhabitants commonly consume it with 'chillums' within the state's borders.
2. Uttarakhand is India's first state to legalize commercial hemp
production. Many other hilly states are contemplating permitting controlled
hemp and marijuana growing since it is a wealthy crop that uses less water.
3. The Assam Ganja and Bhang Prohibition Act, 1958, makes the sale,
possession, purchase, and use of ganja and bhang illegal in the state.
4. The Bombay Prohibition Act of 1949 makes it unlawful in
Maharashtra to manufacture, possess, or consume bhang or bhang-containing drugs
without a permit.
Acts pertaining to
consumption of drugs
There are three legislations that determine punishment if you are
caught carrying weed in India. These are:
1.
The NDPS Act, 1985
2.
The Juvenile Justice (Care and
Protection) Act, 2000
3.
State laws
Section 20 of the Narcotic Drugs and Psychotropic Substances
Act of 1985 makes it illegal to produce, sell, buy, transport, interstate
import/export, or engage in any other commercial transaction involving
cannabis. The purpose of drug possession is unimportant, and the punishment is
decided by the amount of drugs in possession. As a result, of the two
components of crime, actus reus and mens rea, only actus reus is sufficient to
prosecute a person under this Act. If a person is apprehended with drugs or is
proven to be a drug addict, he or she will not be punished if he or she agrees
to voluntarily undergo de-addiction therapy.
As
we all know, punishment is proportional to the amount of possession. As a
result, we must understand how much amount is used for personal or commercial
purposes.
1.
Hashish or Charas: less than or equal to
100 grams
2.
Opium: less than or equal to 25 grams
3.
Ganja: less than or equal to 1000 grams
1.
Hashish or Charas: More than or equal to
1 kilograms
2.
Opium: More than or equal to 2.5
kilograms
3.
Ganja: More than or equal to 20
kilograms
PUNISHMENT
For
cultivation of cannabis plant
The statutory punishment for cultivating any cannabis plant
is a term up to ten years of imprisonment and a fine extending up
to to Rs. 1 lakh.
For
production, manufacturing, possession, sale and purchase, transit, interstate
import and extortion
The statutory punishment for possessing a small quantity is
rigorous imprisonment for up to 6 months, a fine of Rs. 10,000, or both.
The statutory punishment for possessing more than a small
quantity but less than the commercial quantity is rigorous imprisonment for up
to 10 years, a fine of Rs. 1 lakh, or both.
The statutory punishment for possessing commercial quantity
is rigorous imprisonment for up to 10-20 years, a fine of Rs. 1-2 lakh, or
both.
Other
sections of the NDPS Act which deals with punishment for possession/consumption
of weed.
Section 27 specifies the penalties for consuming any of the
narcotic drugs or psychotropic substances.
The nature of the offence
Offences committed under Section 27 of the NDPS are
non-bailable and cognizable (as stated in Section 37 of the NDPS Act).
Section
28
Section 28 specifies the penalty for attempting to conduct an
NDPS Act-specified offence. It is so declared that whoever attempts to commit
any offence punishable under this Chapter or causes such offence to be committed
and undertakes any act towards the conduct of the offence must be punished with
the punishment stipulated for the offence.
Section
29
This section outlines the penalties for abetment and criminal conspiracy. It is specified that whomever abets or is a party to a criminal conspiracy to commit any penal offence will be punished with the punishment imposed for the offence, whether or not the offence is or is not committed as a result of such abetment or in furtherance of such criminal conspiracy.
Should
India legalize Weed Consumption
India's government has the option to legalize weed, which
would be more beneficial than harmful. Legalization would provide safety and
product quality assurance, reduce victimization, sanction risks, search costs,
and psychological discomfort associated with illegal goods, leading to lower
quality-adjusted relative prices. Retail prices would also fall due to
supply-side risk, resulting in increased consumption. Legalization would also
generate more tax revenue, employment, and investment opportunities due to
marijuana's high monetary value. Additionally, the government could tap into
the medicinal and therapeutic benefits of weed through research and clinical
trials. Overall, legalization would be a significant economic benefit for
India.
Introduction: In India, the legal profession offers a myriad of opportunities for aspiring lawyers. One such avenue is becoming a legal advisor. A legal advisor provides expert counsel on legal matters, read more
Introduction:
In India, the legal profession offers a myriad of opportunities for aspiring
lawyers. One such avenue is becoming a legal advisor. A legal advisor provides
expert counsel on legal matters, guiding individuals and organizations through
complex legal frameworks. This article outlines the essential steps and
considerations for individuals looking to embark on the journey of becoming a
legal advisor after completing their LLB degree.
Who is a Legal Advisor?
A legal advisor, also known as a legal consultant or legal counsel, is a
professional who provides expert legal advice and guidance to individuals,
businesses, organizations, or governments. Legal advisors play a crucial role
in helping their clients navigate complex legal issues, understand their rights
and responsibilities, and make informed decisions within the framework of the
law.
Key
Responsibilities of a Legal Advisor:
General Procedure in
becoming a Legal Advisor in India:
Step
1: Attaining an LLB Degree: The
first crucial step is to obtain a Bachelor of Laws (LLB) degree from a
recognized law school or university. The LLB program equips students with
foundational legal knowledge and skills necessary for a successful legal
career.
Step
2: Register with Bar Council: To
practice law in India, you need to register with the State Bar Council. This
registration is essential to legally offer advisory services to clients.
Different states have their respective Bar Councils, and registration
requirements may vary slightly. Having experience as a practicing advocate will
enhance your credibility as an advisor due to the experience you shall hold.
Step
3: Gain Practical Experience: After
completing the LLB degree, aspiring legal advisors should aim to gain practical
experience. Joining law firms, legal departments of corporations, or practicing
under senior advocates as an intern or junior associate can provide invaluable
insights into real-world legal scenarios.
Step
4: Pursue Specialization: While a
general LLB degree is a prerequisite, specializing in a specific area of law
can enhance your expertise and marketability as a legal advisor. Common areas
to consider include corporate law, intellectual property law, family law,
criminal law, and more. Specialization enables you to offer focused guidance to
clients within your chosen domain.
Step
5: Enroll in a Master's Degree Program
(Optional): Though not mandatory, pursuing a Master's in Law (LLM) can further
enhance your knowledge and credibility as a legal advisor. An LLM offers
advanced education in specialized legal areas and is particularly valuable if
you aim to provide specialized advisory services.
Step
6: Obtain Practical Training
(Optional): Completing practical training programs, such as those conducted by
bar councils or legal associations can provide exposure to the practical
aspects of legal practice. These programs often involve mock trials, legal
research, and client interactions, enriching your practical skills.
Step
7: Build a Network: Networking is
crucial in the legal profession. Attend legal seminars, conferences, workshops,
and bar association events to connect with fellow professionals, mentors, and
potential clients. Networking helps you stay updated on legal developments and
build a client base.
Conclusion: Becoming a legal advisor after completing an LLB degree in India requires a combination of education, practical experience, specialization, and networking. The journey involves continuous learning and adaptation to stay current with the evolving legal landscape. By following the steps outlined in this article, aspiring legal advisors can pave the way for a successful and fulfilling career in providing expert legal counsel to individuals and organizations.
Connect with an Expert Lawyer for Your Legal Issue
We have tried to cover every aspect of
the above-mentioned subject. However, if you have any queries regarding the
same, please connect with us at +91
98109 29455 or mail us at info@soolegal.com.
Gambling has been a contentious topic in India, with a complex and evolving legal framework. This article provides an in-depth analysis of the legality of gambling in India, exploring historical perspectives, read more
Gambling
has been a contentious topic in India, with a complex and evolving legal
framework. This article provides an in-depth analysis of the legality of
gambling in India, exploring historical perspectives, relevant laws, judicial
interpretations, and recent developments. The article aims to shed light on the
nuances of gambling-related regulations and their implications for individuals
and businesses involved in the industry.
Furthermore,
according to the renowned Black's Law Dictionary, the term 'gamble' is
expounded as "to play, or game, for money or other stake;
hence to stake money or other thing of value on an uncertain event. It involves
not only chance, but a hope of gaining something beyond the amount played."
Gambling,
as an activity involving the wagering of money or something of value on an
event with an uncertain outcome, has long been a part of human civilization. In
India, gambling has historical roots, with references dating back centuries.
However, its legal status in the country has been subject to fluctuating
viewpoints and legal actions.
What is the Law which
governs Gambling in India?
The
Public
Gambling Act, 1857 (hereinafter referred as “Act”) is a central act
which governs gabling in India. However, as Gambling is a generic term,
different states have enacted laws as per the power under Entry 34 of the State
List as enumerated in the Constitution of India, 1950.
Is Gambling Legal in
India?
The word “Gambling” is a generic term which includes many forms of the same. The Hon’ble Supreme Court of India in various pronouncements has held that unless the game in question is not purely a game of chance, it would not be illegal. The Hon'ble Supreme Court of India in State of A.P. v. K Satyanarayana, (1968) 2 SCR 387, has held that, "The "three card" game which goes under different names such as "flush', "brag" etc. is a game of pure chance. Rummy, on the other hand, requires certain amount of skill because the fall of the cards has to be memorised and the building up of Rummy requires considerable skill in holding and discarding cards. We cannot, therefore, say that the game of rummy is a game of entire chance. It is mainly and preponderantly a game of skill." This observation by the Supreme Court has been further applied in many cases subsequently.
Also,
the Hon’ble Madras HC in KR. Lakshmanan (Dr) v. State of T.N., (1996)
2 SCC 226 has observed that, "that
a game of skill is distinct from a game of chance and if there is the
preponderance of the skill element involved, then the concerned activity would
be protected by Article 19(1)(g) of the Constitution and that competitions
involving a game of skill must be regarded as business activities". It
was also observed with regard to game of skill that, “one in which success primarily depends upon the superior knowledge,
training, attention, experience and adroitness of the player”
What is a game of skill
and a game of chance?
Game of
Chance |
Game of
Skill |
In a Game of Chance the result
predominantly depends upon a random factor. The aspect of skill is present in
these games but chance plays a critical role in success. |
A Game of Skill basically means that the
game in question is based on the physical or mental expertise of a player.
The result of such game shall predominantly depend upon the expertise/skill
the player shows during its course. |
Therefore if the game in question comes under the purview of Game of Skill, PUBLIC GAMBLING ACT, 1867 does not apply and henceforth the said activity becomes legal (Subject to the specific laws in respective states in India). For more information on this please connect with us at +98109 29455 or mail us at info@soolegal.com.
Connect with an Expert Lawyer for Your Legal Issue
We have tried to cover the above-captioned topic to the best
extent. However, if you still have any questions pls connect with us at +98109
29455 or mail us at info@soolegal.com.
Introduction: In India, the legal profession offers a myriad of opportunities for aspiring lawyers. One such avenue is becoming a legal advisor. A legal advisor provides expert counsel on legal matters, read more
Introduction:
In India, the legal profession offers a myriad of opportunities for aspiring
lawyers. One such avenue is becoming a legal advisor. A legal advisor provides
expert counsel on legal matters, guiding individuals and organizations through
complex legal frameworks. This article outlines the essential steps and
considerations for individuals looking to embark on the journey of becoming a
legal advisor after completing their LLB degree.
Who is a Legal Advisor?
A legal advisor, also known as a legal consultant or legal counsel, is a
professional who provides expert legal advice and guidance to individuals,
businesses, organizations, or governments. Legal advisors play a crucial role
in helping their clients navigate complex legal issues, understand their rights
and responsibilities, and make informed decisions within the framework of the
law.
Key
Responsibilities of a Legal Advisor:
General Procedure in
becoming a Legal Advisor in India:
Step
1: Attaining an LLB Degree: The
first crucial step is to obtain a Bachelor of Laws (LLB) degree from a
recognized law school or university. The LLB program equips students with
foundational legal knowledge and skills necessary for a successful legal
career.
Step
2: Register with Bar Council: To
practice law in India, you need to register with the State Bar Council. This
registration is essential to legally offer advisory services to clients.
Different states have their respective Bar Councils, and registration
requirements may vary slightly. Having experience as a practicing advocate will
enhance your credibility as an advisor due to the experience you shall hold.
Step
3: Gain Practical Experience: After
completing the LLB degree, aspiring legal advisors should aim to gain practical
experience. Joining law firms, legal departments of corporations, or practicing
under senior advocates as an intern or junior associate can provide invaluable
insights into real-world legal scenarios.
Step
4: Pursue Specialization: While a
general LLB degree is a prerequisite, specializing in a specific area of law
can enhance your expertise and marketability as a legal advisor. Common areas
to consider include corporate law, intellectual property law, family law,
criminal law, and more. Specialization enables you to offer focused guidance to
clients within your chosen domain.
Step
5: Enroll in a Master's Degree Program
(Optional): Though not mandatory, pursuing a Master's in Law (LLM) can further
enhance your knowledge and credibility as a legal advisor. An LLM offers
advanced education in specialized legal areas and is particularly valuable if
you aim to provide specialized advisory services.
Step
6: Obtain Practical Training
(Optional): Completing practical training programs, such as those conducted by
bar councils or legal associations can provide exposure to the practical
aspects of legal practice. These programs often involve mock trials, legal
research, and client interactions, enriching your practical skills.
Step
7: Build a Network: Networking is
crucial in the legal profession. Attend legal seminars, conferences, workshops,
and bar association events to connect with fellow professionals, mentors, and
potential clients. Networking helps you stay updated on legal developments and
build a client base.
Conclusion: Becoming a legal advisor after completing an LLB degree in India requires a combination of education, practical experience, specialization, and networking. The journey involves continuous learning and adaptation to stay current with the evolving legal landscape. By following the steps outlined in this article, aspiring legal advisors can pave the way for a successful and fulfilling career in providing expert legal counsel to individuals and organizations.
Connect with an Expert Lawyer for Your Legal Issue
We have tried to cover every aspect of
the above-mentioned subject. However, if you have any queries regarding the
same, please connect with us at +91
98109 29455 or mail us at info@soolegal.com.
My YouTube channel titled #LexConsiliumFoundation, as part of its playlist #NurturingSmartTeachers has the pleasure to present its video number two on #lawandeconomics showcased read more
My
YouTube channel titled #LexConsiliumFoundation, as part of its playlist #NurturingSmartTeachers has the pleasure to present its video number
two on #lawandeconomics showcased by Professor #SatishJain, the eminent economist.
The lecture starts with the main findings of #lawandeconomics. Thereafter the significance of the liability
rules is highlighted. The definition and different types of this rule are
enumerated. The implications of the #strictliability are also pointed out together with the
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In adherence to the rules and regulations of Bar Council of India, this website has been designed only for the purposes of circulation of information and not for the purpose of advertising.
Your use of SoOLEGAL service is completely at your own risk. Readers and Subscribers should seek proper advice from an expert before acting on the information mentioned herein. The content on this website is general information and none of the information contained on the website is in the nature of a legal opinion or otherwise amounts to any legal advice. User is requested to use his or her judgment and exchange of any such information shall be solely at the user’s risk.
SoOLEGAL does not take responsibility for actions of any member registered on the site and is not accountable for any decision taken by the reader on the basis of information/commitment provided by the registered member(s).By clicking on ‘ENTER’, the visitor acknowledges that the information provided in the website (a) does not amount to advertising or solicitation and (b) is meant only for his/her understanding about our activities and who we are.
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SoOLEGAL Transaction Services Agreement :
By registering yourself with SoOLEGAL, it is understood and agreed by you that the Terms and Conditions under the Transaction Services Terms shall be binding on you at all times during the period of registration and notwithstanding cessation of your registration with SoOLEGAL certain Terms and Conditions shall survive.
"Your Transaction" means any Transaction of Documents/ Advices(s), advice and/ or solution in the form of any written communication to your Client made by you arising out of any advice/ solution sought from you through the SoOLEGAL Site.
Transacting on SoOLEGAL Service Terms:
The SoOLEGAL Payment System Service ("Transacting on SoOLEGAL") is a Service that allows you to list Documents/ Advices which comprise of advice/ solution in the form of written communication to your Client who seeks your advice/ solution via SoOLEGAL Site and such Documents/ Advices being for Transaction directly via the SoOLEGAL Site. SoOLEGAL Payment Service is operated by Sun Integrated Technologies and Applications . TheSoOLEGAL Payment System Service Terms are part of the Terms & Conditions of SoOLEGAL Services Transaction Terms and Conditionsbut unless specifically provided otherwise, concern and apply only to your participation in Transacting on SoOLEGAL. BY REGISTERING FOR OR USING SoOLEGAL PAYMENT SYSTEM , YOU (ON BEHALF OF YOURSELF OR THE FIRM YOU REPRESENT) AGREE TO BE BOUND BY THE TRANSACTIONS TRANSACTION TERMS AND CONDITIONS.
Unless otherwise defined in this Documents/ Advice or Terms & Conditions which being the guiding Documents/ Advice to this Documents/ Advice, all capitalized terms have the meanings given them in the Transactions Transaction Terms and Conditions.
S-1. Your Documents/ Advice Listings and Orders
S-1.1 Documents/ Advices Information. You will, in accordance with applicable Program Policies, provide in the format we require. Documents/ Advices intended to be sold should be accurate and complete and thereafter posted through the SoOLEGAL Site and promptly update such information as necessary to ensure it at all times that such Documents/ Advices remain accurate and complete. You will also ensure that Your Materials, Your Documents/ Advices (including comments) and your offer and subsequent Transaction of any ancillary Documents/ Advice pertaining to the previous Documents/ Advices on the SoOLEGAL Site comply with all applicable Laws (including all marking and labeling requirements) and do not contain any sexually explicit, defamatory or obscene materials or any unlawful materials. You may not provide any information for, or otherwise seek to list for Transaction on the SoOLEGAL Site, any Excluded Documents/ Advices; or provide any URL Marks for use, or request that any URL Marks be used, on the SoOLEGAL Site. In any event of unlawful Documents/ Advices made available for Transaction by you on SoOLEGAL site, it is understood that liabilities limited or unlimited shall be yours exclusively to which SoOLEGAL officers, administrators, Affiliates among other authorized personnel shall not be held responsible and you shall be liable to appropriate action under applicable laws.
S-1.2 Documents/ Advices Listing; Merchandising; Order Processing. We will list Your Documents/ Advices for Transaction on the SoOLEGAL Site in the applicable Documents/ Advices categories which are supported for third party REGISTERED USERs generally on the SoOLEGAL Site on the applicable Transacting Associated Properties or any other functions, features, advertising, or programs on or in connection with the SoOLEGAL Site). SoOLEGAL reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the SoOLEGAL Site. We may use mechanisms that rate, or allow users to rate, Your Documents/ Advices and/or your performance as a REGISTERED USER on the SoOLEGAL Site and SoOLEGAL may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions. Transactions Proceeds will be paid to you only in accordance with Section S-6.
S-1.3 a. It is mandatory to secure an advance amount from Client where SoOLEGAL Registered Consultant will raise an invoice asking for a 25% advance payment for the work that is committed to be performed for the Client of such SoOLEGAL Registered Consultant. The amount will be refunded to the client if the work is not done and uploaded to SoOLEGAL Repository within the stipulated timeline stated by SoOLEGAL Registered Consultant.
b. SoOLEGAL Consultant will be informed immediately on receipt of advance payment from Client which will be held by SoOLegal and will not be released to either Party and an email requesting the Registered Consultant will be sent to initiate the assignment.
c. The Registered Consultant will be asked on the timeline for completion of the assignment which will be intimated to Client.
d. Once the work is completed by the consultant the document/ advice note will be in SoOLEGAL repository and once Client makes rest of the payment, the full amount will be remitted to the consultant in the next payment cycle and the document access will be given to the client.
e. In the event where the Client fails to make payment of the balance amount within 30 days from the date of upload , the Registered Consultant shall receive the advance amount paid by the Client without any interest in the next time cycle after the lapse of 30 days.
S-1.4 Credit Card Fraud.
We will not bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorised use of a third party's credit card information) occurring in connection with Your Transactions. We may in our sole discretion withhold for investigation, refuse to process, restrict download for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Documents/ Advices if we ask you to do so. You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.
S-2. Transaction and Fulfilment, Refunds and Returns
S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
1. Fulfilment by Registered User/ Consultant - In the event of Client seeking consultation, Registered User/ Consultant has to ensure the quality of the product and as per the requirement of the Client and if its not as per client, it will not be SoOLEGAL’s responsibility and it will be assumed that the Registered User/ Consultant and the Client have had correspondence before assigning the work to the Registered User/ Consultant.
2. Fulfilment by SoOLEGAL - If the Registered User/ Consultant has uploaded the Documents/ Advice in SoOLEGAL Site, SoOLEGAL Authorised personnel does not access such Documents/ Advice and privacy of the Client’s Documents/ Advice and information is confidential and will be encrypted and upon payment by Client, the Documents/ Advice is emailed by SoOLEGAL to them. Client’s information including email id will be furnished to SoOLEGAL by Registered User/ Consultant.
If Documents/ Advice is not sent to Client, SoOLEGAL will refund any amount paid to such Client’s account without interest within 60 days.
3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
4. SoOLEGAL will remit the fees (without any interest) to its Registered User/ Consultant every 15 (fifteen) days. If there is any discrepancy in such payment, it should be reported to Accounts Head of SoOLEGAL (accounts@soolegal.com) with all relevant account statement within fifteen days from receipt of that last cycle payment. Any discrepancy will be addressed in the next fifteen days cycle. If any discrepancy is not reported within 15 days of receipt of payment, such payment shall be deemed accepted and SoOLEGAL shall not entertain any such reports thereafter.
5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
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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