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The Hon’ble National Company Law Appellate Tribunal (‘#NCLAT’) in the case of Martin S.K. Golla vs. Wig Associates Pvt. Ltd. [CA (AT) (Ins.) No. 121/2019], vide its Judgment dated 04-06-2021 held that read more
The Hon’ble National Company Law Appellate Tribunal (‘#NCLAT’) in the case of Martin S.K. Golla vs. Wig Associates Pvt. Ltd. [CA (AT) (Ins.) No. 121/2019], vide its Judgment dated 04-06-2021 held that #ineligibility to submit #resolutionplan under #Section29A of the Insolvency and Bankruptcy Code, 2016 (‘#IBC’) attaches at the time when the resolution plan is submitted by #resolutionapplicant.
To read more, please visit the link below:
#nclat #retrospective #ibc #section29A #resolutionplan
By: Yug PratikIt is the foremost responsibility of the authorities of the state to keep its citizenry informed regarding the mechanisms devised and enforced for their welfare, for the better administration read more
By: Yug Pratik
It
is the foremost responsibility of the authorities of the state to keep its
citizenry informed regarding the mechanisms devised and enforced for their
welfare, for the better administration of the state. Further, they should also keep
a check on various malpractices and, must expose and eliminate them, whenever
it comes to their knowledge, for the well-being of the society. No democratic
government can survive without accountability and the basic postulate of
accountability is that the people should have the information about the working
of the government.[1]
In
India, the crucial task of keeping the masses informed and updated regarding
the functioning of the government is largely undertaken by the media. This very
task within its broad ambit comprises of ‘sting operation’, a method which is
often employed by the media houses for fetching news for the public. Sting
operations involve high-stake activities by media persons wherein, they garner
information through sub rosa activities. Furthermore, such operations are also
conducted by detectives and undercover law enforcement officers to nab the
offenders red-handed and thus, gather significant evidence of their offences. String
operations are carried out confidentially and certain aspects derived through
them are kept undisclosed.
A
sting operation is an operation designed and exercised to nab an offender by
means of deception. The Delhi High Court recently held that conducting a sting
operation by any citizen is a legitimate exercise. Although there is no clear
law which specifically allows or legalizes sting operation, but the right to
conduct sting operation can be derived under Article 51A (b) of the Constitution
of India.[2]
This particular article imposes a duty upon the citizens to cherish and follow
the noble ideals which inspired our national struggle for freedom. The court
was of the opinion that in order to fulfill this duty, crime and corruption
have to be dealt with heavy hands and by an organized machinery devised for the
purpose, consequently making sting operations legal in the country.
Sting
operations are classified into positive and negative sting operations, based on
their purpose. The former one takes place in the interest of the society and
helps to lift the veil from several malfunctions of the government and private
institutions, while the latter one harms the society and its individuals by
unnecessarily violating the privacy of the citizens.
A
sting operation may be an exhibition of right under freedom of speech and
expression but it is also bound to respect the privacy of others. Though freedom of speech and expression covers freedom
of the press, it is not an absolute right.[3]
Although they have been criticized time and again for the infringement of
privacy rights guaranteed under Article
21 of the Constitution of India but,
a sting operation with genuine motive to create awareness and bring down the
existing nefarious practices should be encouraged or at least, should not be
prohibited.
Time
and again, Courts have regarded the ‘freedom of press’ as an indispensable part
of law. In Romesh Thappar v. The State of Madras[4], the Supreme Court held that “the freedom of press comes under freedom of speech and
expression which is granted to both citizens and non-citizens.” This has encouraged the media units to
exhibit their role of collecting information and imparting it to the society
for their interest, thus being an important role player in democracy.
Though
sting operations are considered to be a legitimate exercise, their execution
and implementation, and the conduct of the persons involved in it should be
regulated by specific legal enactments. Lack of statutory provisions for
governing the purpose and conduct of sting operations points towards a
significant lacuna in the legal system. Hence,
a line has to be drawn between sting operations that invade privacy and those
which expose corruption, which can be thoroughly realized by the formation and
enforcement of a guiding statute. Moreover, it should be ensured that such
operations are backed by bona fide purposes
and are aptly distinguished from mere entrapments. Only then, a definitive
statement regarding the legitimacy of sting operations can be made.
Live-in Relationship in India: Laws and ChallengesProf. (Dr) Priya Sepaha AbstractLive-in relationship is prominently increasing in India as an easy way similar to marriage. It is defined read more
Live-in Relationship in India: Laws and Challenges
Prof. (Dr) Priya Sepaha
Live-in relationship is prominently increasing in India as an easy way similar to marriage. It is defined as a domestic cohabitation between an adult couple who are not married. Apparently, it appears like a stress-free companionship without any legal obligations; conversely, it has many complications, responsibilities and legal liabilities. Recently attempts have been made to bring it in the ambit of some laws. It is no longer an offence in India and many guidelines pertaining to maintenance, property, the legal status of a child have been issued in various decisions of the Apex Court. Still it is a debatable issue in India. There are many grey areas which need appropriate attention like, official documentation, cultural issues, property rights, will and gift rights, anti-religion status, LGBT community and so on.
The primary focus of the article is on to comprehend the concept of live-in relationship with the help of secondary sources. Thereafter, an attempt has been made to study the problems and challenges faced by the couples with the help of descriptive and analytic methodology. Lastly, the article argues on the need for framing a separate, secular and gender-sensitive law for the couple opting to cohabit in a live-in relationship.
For detail paper click the link below:
https://lawcolloquy.com/legal-journals/journal/live-in-relationship-in-india-laws-and-challenges
Article by: Cyril Jacob|| Picture Courtesy: Getty ImagesOne of the most popular words in the cyber world today remains Artificial Intelligence (AI). So I suppose most of you have a fundamental idea of read more
Article by: Cyril Jacob|| Picture Courtesy: Getty Images
One of the most popular words in the cyber world today remains Artificial Intelligence (AI). So I suppose most of you have a fundamental idea of what AI is and how it can dominate the future. To be honest, its presence is clearly felt from the Banking Sector & Financial Sector to Food Delivery services. Be it chatbots or interactive mechanisms being devised by startups to connect with customers and partners, there is an urgency to be part of the big bandwagon of so called intelligence that has the power to disrupt many industries.
The question that pops up is - Are we humans acting in the best of our interests or rather are we contributing to our own downfall? To consider an answer for this we need to delve into different aspects.
1) In the current smartphone and 5G era, millions of jobs are at the risk of being lost. Of course, various factors gave rise to this apart from the Pandemic. From a narrow minded perspective people blame the pandemic alone but this is not the absolute truth. There lies a plethora of contributing factors that can take away your beloved job from you if not now then in the near future and that is the impact that AI has.
2) Personally, being a lawyer I know how smart contracts are being closely studied by lawyers worldwide and the fear it causes them. Truly it is nothing short of a nightmare when a software devised by humans can pose a detrimental concern on the very livelihood of an entire sector. Yes, it is happening faster than one can imagine and here is the catch - it is not limited to one industry.
3) There are optimists and experts who think otherwise and believe that AI may displace employees but at the same time has the potential to generate new employment thanks to the technological progress favouring the developers of computer programs and techies willing to foray into deep learning and AI mechanisms. As per the World Economic Forum (WEF), automation is said to displace approx. 75 million jobs but will generate 133 million jobs by 2022.
4) Considering further statistics in favour of the argument that AI will act as a disruptor, let us observe Mckinsey and Oxford Economics forecasts:
According to Mckinsey Global Institute: "between 40 million and 160 million women worldwide may need to transition between occupations by 2030, often into higher-skilled roles. Clerical work, done by secretaries, schedulers and bookkeepers, is an area especially susceptible to automation, and 72% of those jobs in advanced economies are held by women."
Oxford Economics provides that "up to 20 million manufacturing jobs worldwide will be lost to robots by 2030."
From the above figures, it is obvious that there exists something to be cautious of.
5) The e-commerce giant Amazon has reported that it will be shelling over $700 million in order to train around 100,000 employees by 2025 to be more skilled to cater to the ever changing needs of a competitive world. On the other hand, there are jobs that will not face the heat but who knows what the future may hold?
I am certainly not a pessimist to dismiss each silver lining but well, the statistics from experts who are spending months researching the impact of AI has got me slightly anxious. As of now, I live each moment by catering to as many clients as possible and giving my best. After all, it is not computers who made humans but the other way round.
Give it a thought.
How can litigants list their cases online? Due to COVID-19, the system has become stagnant,leading to the closure ofcourts and urgent cases remaining unlisted. Thus,to encourage paperless read more
How can litigants list their cases
online?
Due to COVID-19, the system has become stagnant,leading
to the closure ofcourts and urgent cases remaining unlisted. Thus,to encourage paperless
filings and
introduce cost-saving efficiencies, theSupreme Court approvede-filing of the
petitions by Advocates onRecord (AoR)
and hearing the cases throughthe
Cisco WebEx application during the lockdown
in the country due to the ongoing
pandemic.
Last year, Chief Justice Bobde
introduced an electronic filing manual developed by the Supreme Council of the
Electronic Court for online case filing in a webinar hosted by
Chief Justice Bobde. During the webinar, theChief Justice stated that
the transition to digitalization would not
be easy, but
it will remain the same for now, and it
is the only way to do justice in the country.
The user manual launched at the webinar is a step-by-step guide
to enable e-filing,
reduce paper consumption, and improve electronic registration.
Not all documents with digital signatures are uploaded to the registration portal. This manual explains in
detail how to create a digital signature and use it for filing
purposes. There are two ways to digitally
sign affirmations,
a formal statement by the parties involved
in the
litigation, in the petition. One way to sign is by
using a digital signature token provided by a Certified
Authority approved by the Information
Technology Act 2000. Another option to sign
the document is to use the electronic signature facility.
This service is provided by
the Indian
government (operated exclusively by CDAC). This electronic signature service is
provided free of charge, especially for litigants and lawyers who do
not have digital
signature tokens or cannot pay for such
signature tokens.
Based on the manual prescribed by the Supreme Court (https://main.sci.gov.in/php/FAQ/5_6246991526434439183.pdf), the Delhi High court has specifically listed the manner in which a case
can be mentioned (http://delhihighcourt.nic.in/efiling.asp)
Similarly, different courts have different methods as prescribed on their
websites.
Procedure for filing urgent
matters in a virtual courtroom.
1.
Procedure of Mentioning
Various courts have
set timings for mentioning. For example, the Delhi High Court has changed timings
to mentionurgent matter to 9 AM to 10.30 AMfrom10.30 AM- 12 PM on all working
days. The applicant is required to prepare a document not exceeding one page explaining
the urgency. This document has to be uploaded in a PDF format, and its size
must not exceed 5MB.
For listing the matter before the Delhi High
Court, the applicant must access the link: https://tinyurl.com/y7se5gl2
and fill in the parties' names, category of the case, name, email ID and contact
number of the counsel for Petitioner/Plaintiff, whether the matter is fresh or
pending and upload the document explaining the urgency. If the formalities are
completed, an SMS indicating the receipt will be received on the phone number
submitted on the link.
2. In case the Requested Matter is Declined
The counsel will receive an SMS on the mobile
number submitted by them on the link informing them that the request has been
declined. There will be an option to request the designated Hon'ble Judge for
reconsideration by 3.00 PM on the same day itself.
3. If Mentioning is Allowed
The counsel will receive an SMS informing the
acceptance of the matter for urgent listing. A reference number and date of
acceptance will be requested, along with a direction to effect advance service
on the opposite party/counsel through email and over mobile. Furthermore, the
contact information and email IDs of the government will be provided for effecting
advance service. The pleadings have to be submitted within two hours of the
receipt of SMS on the given email ID. Details of AOJs to be contacted for
further follow-up will also be given.
The whole set of pleadings have to be served
upon the opposite party through email and over mobile. Proof of advance service
containing email IDs and contact number of the opposite party must be attached
as an annexure to the pleadings. The applicant then has to mail the entire set
of pleadings, a list of advocates for petitioners, a list of advocates for the
respondent, and contact details to the email address given for this
purpose.
4. Procedure
of Listing
If there are any defects in the matter/pleadings,
an SMS will be sent on the mobile number submitted by the counsel informing the
defects, a request to clear defect and the time within which defects have to be
cleared. The matter will be listed only after the defects are cleared.
If there are no defects, SMS informing the
diary number, case number, and tentative date of hearing will be sent to the
counsel. A day before the hearing, Court Master will call on the mobile number
of the counsel confirming the Email IDs of Counsels appearing for the matter.After
that, the Court Master will send the link for the video conference, date and
time of the hearing, meeting number and password, and the iCalender filed,automatically
adding the event to the counsel’s calendar.
5. Procedure
of Hearing
First, download the Application called Cisco
WebEx Meetings from https://www.webex.com/downloads.html/
and log in by entering the name and email ID. Click on the 'join meeting'
button in the link sent to the emailID by the Registry.Some minutes before the
meeting, Court Master will inform the Counsels over a call that the next item
is of them and the meeting is about to start.Finally, the Bench introduces all
the counsels, and the proceedings start.
6. Requisites
of Pleading
-
File
must be in PDF format
-
Scanned soft copy has to be uploaded
-
Application with a prayer forexemption from
filing duly affirmed affidavit(s) and an undertaking to pay the court fees/deficit
court fees within 72 hours from the date of resumption of the regular
functioning of the Court.
-
Filing of Proof of
Service is mandatory and must be marked as the last Annexure.
-
The Party and Counsel should sign pleadings
and Applications.
The entire set of pleading, including
Affidavits, Annexures, Application(s) and Last Annexure (proof of service),
should be sent as one file.It is important to note that the pleading must be
kept ready before submitting the request for Urgent Listing. Once the request
is allowed, the counsel must mandatorily mail the entire set of pleadings
within 2 hours of receipt of acceptance SMS.
Conclusion
For COVID-19, due to the
partial shutdown of the courts, the
system has
become stagnant, and emergency cases have not been resolved. Therefore, in unresolved urgent
cases, the court decided to submit cases
electronically in a virtual model. The initiative
was adopted by
the Supreme Court of India, which allows Advocates on
Record to submitcases electronically because it
saves paper and time and prevents the spread of
COVID-19. It is also a profitable method because it does not use
paper, and urgent cases can be easily filed from anywhere, saving the
litigant's time, and hence the time to list cases is less
than before.
Therefore, electronic filing plays an
important role in continuing judicial work without harming the spread of
the virus effectively and inexpensively.
BENAMI TRANSACTION – ITS IMPLICATIONSWe are all aware of a famous phrase from Shakespeare, “what’s in a name?”, well the Law of the Land says “a lot !!”. And with that thought in mind, along with the read more
BENAMI TRANSACTION – ITS IMPLICATIONS
We are all aware of a
famous phrase from Shakespeare, “what’s in a name?”, well the Law of the Land
says “a lot !!”. And with that thought in mind, along with the essential need
of curbing the increasing ‘Black money’ problem, acts like the ‘Benami
Transactions Act’, our topic for today, was passed.
Benami Transactions Act,
1988, now known as Prohibition of Benami Property Transaction Act, 1988 after
the amendment of 2016, is an Act dealing with the prohibition of certain kinds
of transaction. ‘Benami’ literally means ‘without a name. Benami property
meaning is that it means any property, the owner of which is different from the
person who has consideration for buying it. It may be a movable or immovable,
tangible or intangible asset without a legal owner. ‘Benami’ transaction
is a type of transfer of property in which property is transferred to one
person and the consideration of it is given by another person. This Act was
introduced in order to check the problem of Indian black money. This property
declares Benami transactions as void and the Government can recover such property
without giving any compensation to the holders. This is a very short Act,
consisting of only 9 sections but its impact is far-reaching.
The Benami transactions
act is partly prospective and partly retrospective in nature. For this, we need
to know what prospective law is and what retrospective law is. ‘Retrospective’
are usually those laws that are to take effect before the passing of the law.
Thus, its effect exists on other laws before its passing. ‘Prospective’ laws
have effects in the future but do not interfere with the laws made before the
passing of the concerned Benami Transaction Act.
The law categorizes the
following as a Benami transaction:
1.
A
transfer where the owner of the property is not the person who has given
consideration for the property. However, it is held for the future benefit of
the person providing consideration, directly or indirectly.
2.
A
transaction carried out by using a made-up name.
3.
A
transaction of a property where the owner is not aware of his ownership.
4.
A
transaction where the person giving consideration is not traceable or is
fictitious.
However, in the following
cases, the transaction is not a Benami transaction:
1.
Any
property held by the Karta of a Hindu undivided family for any of the members
of the family and the consideration is given out of the common source of the
family.
2.
An
individual buys a property in the name of his/her spouse or children and the
consideration is given out of the known resources of the individual.
3.
An
individual buys a property in the name of his brother or sister or lineal
ascendants or descendants and they appear as joint- owners and the
consideration is given by the individual.
4.
A
person standing in a fiduciary relationship with any other person receiving the
benefit like a trustee, executor, partner, depository, etc.
The scope of this law can
be divided into 4 categories:
1.
Suits
filed before the Act came into force by the real owner or the plaintiff.
2.
Suits
filed after the Act came into force by the real owner or the plaintiff.
3.
Suits
filed before the Act came into force by the Benami/ ostensible owner or someone
else and the real owner or someone else is the defendant.
4.
Suits
based on Benami transactions that have been filed by the Benami/ ostensible
owner or someone else and the real owner or someone else is the defendant who
has not yet filed the written statement before the Act came into force.
Benefits: It was actually designed
with the noble idea of holding all the black money from India. However, due to
some in-build disputes, it could not be fully implemented before the amendment
of 2016. Benami transactions are also used if they want to hide the true
ownership of the Benami property from their creditors or from the bank. This is
also caught and checked under this Act. It also has a provision in which the
Benami property would automatically vest in the Government, thereby increasing
the profit of the Government. Also, the Benami property vested in the
Government may be given to the landless laborers in need. To cross-check, the
Act prohibits resale of the Benami property from the benamidar to the real
owner and such transfer would be null and void.
Grounds of Offence
Whether a transaction is
Benami or not, the burden of proof is on the person asserting to prove the
same. Such things need to be proven based on legal evidence of a definite
nature. It is a case of ‘men’s rea’ where the intention of the transaction is
important, which is often shrouded by a thick veil. However, the question is
largely based on fact. To determine whether a transaction is Benami or not, the
following guidelines may be followed:
1.
The
source for the consideration of money.
2.
The
nature and possession of the property, after the purchase.
3.
The
motive of the transaction
4.
The
position and the relationship between the claimant and the alleged benamidar.
5.
The
custody of the title deeds after the sale.
6.
The
conduct of the parties dealing with the property after the sale.
CONCLUSION
In case of doubt regarding
the nature of the transaction (whether Benami or not), the ostensible title
cannot be displaced except upon clear evidence. The primary test for Benami
transactions is the source of the consideration money. However, if a female is
accompanied by her husband, it cannot be presumed that it is a Benami
transaction. Spouses and children are an exception to it. Also, there is
nothing to doubt if the custody of the title deed is with the wife after the
purchase. Thus, the Benami Act provides the grounds of offence as the
above-given circumstances.
****
There are lot of confusions going on relating to the newly introduced ITRules2021 which has come on 25th February, 2021 and since 25th May, 2021 there are lot of gossips and fake news going on and the read more
There are lot of confusions going on relating to the newly introduced ITRules2021 which has come on 25th February, 2021 and since 25th May, 2021 there are lot of gossips and fake news going on and the questions before the people of India at large are:
Whether Facebook, Twitter,
WhatsApp etc. social medias going to be banned?
Whether our private call, chat
etc. data are read secretly without our permission?
What is there in IT Rules,2021
or Information Technology (Intermediary Guidelines And Digital Media Ethics
Code) Rules, 2021?
As per Press Information
Bureau, Government of India, we find the following
statistics:
The Users of various
significant social medias: -
• WhatsApp users:
53 Crore
•
YouTube users: 44.8 Crore
•
Facebook users: 41 Crore
•
Instagram users: 21 Crore
•
Twitter users: 1.75 Crore
RECENT CASES –
In one recent case i.e. FACEBOOK INC. VERSUS UNION OF INDIA &
ORS., the issue relating to how and in what manner the intermediaries
should provide information including the names of the originators of any
message/content/information shared on the platforms run by these intermediaries
and decryption
of end-to-end encrypting chat-messengers who are to provide data in time of
investigation etc. were raised and the question of any Rule to that effect was also
discussed.
Making of
the Rule…….
The Central Government introduced Information Technology
(Intermediary Guidelines And Digital Media Ethics Code) Rules, 2021 due to –
Ø Large scale proliferation of social media
by empowering the citizens and simultaneously rise of serious concerns and
consequences which have grown manifold in recent years.
Ø Continuous spreading of fake news, abuse
of social media in many ways attacking women by way of revenge porn, rivalries
in abusive language, defamatory and obscene contents and blatant disrespect to
religious sentiments.
Ø Skyrocketing misuse of social media by
criminals, anti-national elements.
Ø Lack of control on OTT platforms, web
series, etc.
Key Features of the IT Rules 2021 -
As per PIB,
Government notifies Information Technology (Intermediary Guidelines and Digital
Media Ethics Code) Rules 2021 for the following purposes –
v
Social media platforms were welcome to do
business in India but they need to follow the Constitution and laws of India
v
Social media platform can certainly be
used for asking questions and criticism.
v
Social media platforms have empowered
ordinary users but they need accountability against its misuse and abuse
v
The new Rules empower ordinary users of
social media, embodying a mechanism for redressal and timely resolution of
their grievance
v
Rules about digital media and OTT focuses
more on in-house and self-regulation mechanism whereby a robust grievance
redressal mechanism has been provided while upholding journalistic and creative
freedom
v
The proposed framework is progressive,
liberal and contemporaneous
v
It seeks to address peoples’ varied
concerns while removing any misapprehension about curbing creativity and
freedom of speech and expression.
v The guidelines have been framed keeping in mind the
difference between viewership in a theatre and television as compared to
watching it on Internet.
Various
Parts of the Rule relating to Executing Authority:
The Rule has following three parts:
i)
PART I: PRELIMINARY.
ii)
PART II: DUE DILIGENCE BY INTERMEDIARIES AND GRIEVANCE REDRESSAL MECHANISM.
iii)
PART III: CODE OF ETHICS AND PROCEDURE AND SAFEGUARDS IN RELATION TO
DIGITAL MEDIA.
Needless
to say, Part- II of these Rules shall be administered by Ministry of
Electronics and IT, while Part-III shall be administered by the Ministry of
Information and Broadcasting.
PART II:
DUE DILIGENCE BY INTERMEDIARIES AND GRIEVANCE REDRESSAL MECHANISM
The
present much-discussed law has its strong background in the following laws of
India:
ü
Section 5(2) of Indian Telegraph
Act 1885 :
Power for Government to
take possession of licensed telegraphs and to order interception of messages.
ü Section 69 of
Information Technology Act, 2008 :
Power to issue directions for interception
or monitoring or decryption of any information through any computer resource.
ü Section 69A of
Information Technology Act, 2008 :
Power to issue directions for blocking for
public access of any information through any computer resource.
ü Section 69B
of Information Technology Act, 2008 :
Power to authorise to monitor and collect
traffic data or information through any computer resource for cyber security.
In this
present IT Rules 2021, we can find Digital Media Ethics Code concerning Digital
Media and OTT Platforms which is to be administered by Ministry of Information
and Broadcasting.
For example,
the OTT platforms have to classify their contents in terms of age as follows
Ø
U (Universal),
Ø
U/A 7+,
Ø
U/A 13+,
Ø
U/A 16+, and
Ø A (Adult).
Three-level
Grievance Redressal Mechanism:
For ensuring
observance and adherence to the code Ethics by publishers operating in the
territory of India, and for addressing the grievances made in relation to
publishers under this Rule, there shall be a three-tier structure as under –
Ø
Level-I: Self-regulation by the
publishers;
Ø
Level-II: Self-regulation by the
self-regulating bodies of the publishers;
Ø
Level-III: Oversight mechanism by the
Central Government
72 Hrs.
Compliance to provide data to Government Agencies:
Intermediary
shall, as soon as possible, but not later than seventy-two hours of the receipt
of an order, provide information under its control or possession, or assistance
to Government agency.
24 Hrs. to
remove obscene materials etc.:
As per the
Section 3(2)(b) of this Rule, the intermediary shall, within twenty-four hours
from the receipt of a complaint made by an individual or any person on his
behalf under this sub-rule, in relation to any content which is prima facie in
the nature of any material which exposes the private area of such individual,
shows such individual in full or partial nudity or shows or depicts such
individual in any sexual act or conduct, or is in the nature of impersonation
in an electronic form, including artificially morphed images of such
individual, take all reasonable and practicable measures to remove or disable
access to such content which is hosted, stored, published or transmitted by it.
Some
important provisions:
Rule 3(1) :
What should not be published etc.
As
per Rule 3(1) the intermediary shall not host, display, upload, modify,
publish, transmit, store, update or share any information that,
(i)
belongs to another person and to
which the user does not have any right;
(ii)
is defamatory, obscene, pornographic,
paedophilic, invasive of another’s privacy including bodily privacy, insulting
or harassing on the basis of gender, libellous, racially or ethnically
objectionable, relating or encouraging money laundering or gambling, or
otherwise inconsistent with or contrary to the laws in force;
(iii)
is harmful to child;
(iv)
infringes any patent, trademark,
copyright or other proprietary rights;
(v)
violates any law for the time
being in force;
(vi)
deceives or misleads the addressee
about the origin of the message or knowingly and intentionally communicates any
information which is patently false or misleading in nature but may reasonably
be perceived as a fact;
(vii) impersonates another person;
(viii) 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 cognisable offence
or prevents investigation of any offence or is insulting other nation;
(ix)
contains software virus or any
other computer code, file or program designed to interrupt, destroy or limit
the functionality of any computer resource;
(x)
is patently false and untrue, and
is written or published in any form, with the intent to mislead or harass a
person, entity or agency for financial gain or to cause any injury to any
person;
It is further to be mentioned that as per the Rule 3 of IT Rules
2021, intermediaries have to preserve Evidence or retain Data for 180
Days.
In
this Rule the social media has been divided into two parts, they are:
1)
Significant social media intermediary.
2)
Social media intermediary.
Significant social media intermediary being social medias who have
large scale users above a threshold numbers should appoint and maintain following
personnel to redress various issues relating to the law of the land: –
v
Chief Compliance Officer,
v
A nodal contact person needs to be appointed for 24x7 to coordinate
with law enforcement agencies.
v
A Resident Grievance Officer.
Identification of the First Originator for messaging Apps like
WhatsApp etc.
As stated
in the Rule 4(2), a significant social media intermediary providing services
primarily in the nature of messaging shall enable the identification of the
first originator of the information on its computer resource as may be required
by a judicial order passed by a court of competent jurisdiction or an order
passed by the Competent Authority under section 69 of the Information
Technology (Procedure and Safeguards for interception, monitoring and
decryption of information) Rules, 2009, which shall be supported with a copy of
such information in electronic form.
“Safe-Harbour
Protections” under Section 79 of the IT Act and Proviso
Clauses:
There are lot of debate with respect to the instant messenger like
WhatsApp etc. whether the privacy they offered by way of end-to-end encryption
will be violated. But if one studies the proviso clauses of this 4(2) of this Rule, it will be clear that nothing of
that sort has been there and on the contrary the messages or chat can not be intercepted
or to be taken.
Consequence of Non-Compliance –
There are lot of uproar that various social media giant will be
banned is absolutely false but after this Rule came into being they have to
face rigours of law as provided in Rule 7.
Rule 7 specifies
the consequences of Non-observance of Rules: Where an intermediary fails to observe these rules, the provisions of
sub-section (1) of section 79 of the Act shall not be applicable to such
intermediary and the intermediary shall be liable for punishment under any law
for the time being in force including the provisions of the Act and the Indian
Penal Code.
Few Other Important Issues:
Ø PART III of this Rule relates to Code of Ethics and Procedure And Safeguards In
Relation To Digital Media
Ø This Rule specially Rule 16 provides for Blocking of
information in case of emergency
Ø This Rule specially Rule 18 provides for Information
to be Furnished within 30 days by the Publishers.
Ø This Rule provides the details of what should be there
in Code of ethics.
Ø CODE OF ETHICS contains: –
Rules for News and current affairs:
ü
Norms of Journalistic Conduct of the Press
Council of India under the Press Council Act, 1978;
ü
Programme Code under section 5 of the
Cable Television Networks Regulation) Act,1995;
ü
Content which is prohibited under any law
for the time being in force shall not be published or transmitted.
ü
General
Principles on Online curated content which contains Content Classification which may be on the basis of:
i)
Themes and messages;
ii)
Violence;
iii)
Nudity;
iv)
Sex;
v)
Language;
vi)
Drug and substance abuse; and
vii)
Horror as described in the Schedule, as
may be modified from time to time by the Ministry of Information &
Broadcasting.
GENERAL GUIDELINE FOR CLASSIFICATION OF FLIMS AND OTHER
ENTERTAINMENT PROGRAMMES, INCLUDING WEB BASED SERIALS:
This Rule relates to guidelines comprises of issues and concerns
that apply in varying degree to all categories of classification and elaborates
the general approach that may be taken in this regard to the same. The concerns
are listed as follows:
(a) DISCRIMINATION
(b) PSYCHOTROPIC SUBSTANCE, LIQUOR, SMOKING and TOBACCO
(c) IMITABLE BEHAVIOUR
(d) LANGUAGE
(e) NUDITY
(f) SEX
(g) VIOLENCE: Classification decisions shall take account of the
degree and nature of violence in a work
Recent
observation –
Recently
the Information Technology (Intermediary Guidelines and Digital Media Ethics
Code) Rules, 2021 has been challenged before the Hon’ble Kerala High Court.
Hence
after perusal of the above Rule in my humble opinion, there is nothing which
will going to ban the various popular social medias and there is nothing of
unlawful interception of data. The rift for unlawful and lawful interception was,
is and will always be there and everything depends upon how our law enforcement
authorities will implement the Rules.
Sources:
1.
https://pib.gov.in/PressReleseDetailm.aspx?PRID=1700749
2.
https://www.meity.gov.in/writereaddata/files/Intermediary_Guidelines_and_Digital_Media_Ethics_Code_Rules-2021.pdf)
Information Technology (Intermediary Guidelines and Digital Media Ethics Code), Rules, 2021 (“#InformationTechnologyRules, 2021”) have been notified vide Notification dated 25-02-2021 by the Ministry read more
Information Technology (Intermediary Guidelines and Digital Media Ethics Code), Rules, 2021 (“#InformationTechnologyRules, 2021”) have been notified vide Notification dated 25-02-2021 by the Ministry of Electronics and Information Technology (“#MEIT”). The Information Technology Rules, 2021 was framed in exercise of powers under Section 87 (2) of the Information Technology Act, 2000 (“#I.T. Act”) and in supersession of the earlier Information Technology (Intermediary Guidelines) Rules 2011, which came into effect from 26-05-2021.
To read more, please visit the link below:
#itrules #infromationtechnology #digitalmedia
The Hon’ble Justice C. Hari Shankar of the #DelhiHighCourt has in a recent case of Raaj Unocal Lubricants Limited Vs Apple Energy Pvt Ltd & Anr passed a Judgment dated 25-05-2021 and decided upon read more
The Hon’ble Justice C. Hari Shankar of the #DelhiHighCourt has in a recent case of Raaj Unocal Lubricants Limited Vs Apple Energy Pvt Ltd & Anr passed a Judgment dated 25-05-2021 and decided upon the issue of grant of #antisuit #injunction against #foreigncourt proceedings in #trademark #infringement matter.
To read more, please visit the link below:
#delhihighcourt #injunction #suit #foreigncourt #trademark #infringement
The Vacation Bench of the Hon’ble #SupremeCourt of India comprising of Justices Dinesh Maheshwari and Aniruddha Bose passed an Order dated 18-05-2021 in the case of Jagjit Singh v. The State of Punjab read more
The Vacation Bench of the Hon’ble #SupremeCourt of India comprising of Justices Dinesh Maheshwari and Aniruddha Bose passed an Order dated 18-05-2021 in the case of Jagjit Singh v. The State of Punjab {Special Leave to Appeal (Crl. No(s). 3583/2021} and held that apart from being liable under the provisions of the Information Technology Act, 2005 (#IT Act), a person shall also be liable under the provisions of the Indian Penal Code, 1860 (#IPC) for offences such as #hacking, #datatheft etc.
To read more, please visit the link below:
#supremecourt #hacking #datatheft #itrules

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S-6 Transactions Proceeds & Refunds.
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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.
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"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:
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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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