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The object of the #Arbitration and Conciliation Act, 1996 (the ‘Act, 1996’) is to provide an #alternative redressal mechanism to resolve the #disputes and to reduce the intervention and burden on the read more
The object of the #Arbitration and Conciliation Act, 1996 (the ‘Act, 1996’) is to provide an #alternative redressal mechanism to resolve the #disputes and to reduce the intervention and burden on the #courts in India. However, the Act does not specify disputes which are #arbitrable in India and it is the courts who decide this contested issue on a case-to-case basis.
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#tenancy #lease #arbitrable #arbitration #specialstatute #supremecourt
NRI's Power of Attorney to sell property in India- By Kishan Dutt Kalaskar There might be numerous occasions in an individual's life wherein he may read more
NRI's Power of
Attorney to sell property in India
-
By Kishan Dutt Kalaskar
There might be
numerous occasions in an individual's life wherein he may be required to manage
assets, properties, financial balances, and so forth, however,under certain
circumstances, he may not be in the right condition to fittingly execute
his/her obligations because of unanticipated conditions like being sick, being
abroad (in the event of an NRI) or the individual is too old to perform his
obligations. Therefore, during conditions where a monetary exchange must be
completed, in situations where the presence of the individual who cannot show
up actually, at that point the primary arrangement towards this is to delegate
his powers, i.e., to act on behalf of the person. This procedure of delegation
of power is called Power of Attorney (POA).An unanticipated circumstance where
the legitimate proprietor cannot use his capacity is the point at which a Power
of Attorney deed is executed. This practice is exceptionally famous for
transferring one's powers to a trustworthy and honourable individual to direct
activities like sale, leasing, registrations and so forth given that individual
is busy or unavailable.
Suppose you are a
non-resident Indian and need to lead the immense monetary exchange in India,
for example, selling the property. In that case, this could turn into a huge
problem if one needs to make a trip to India and back at all times. There is a
simpler and straightforward answer to this. By drawing up the Power of Attorney
for the non-resident Indians to sell their property in India, one can
undoubtedly complete their exchange without in a real sense heading out to
India. A power of attorney to sell property in India is not complicated.
Notwithstanding, in
2011, the Supreme Court of India in a landmark judgment saw that transferring
property title through a General Power of Attorney (GPA) is illicit. Be that as
it may, before learning the legitimateness of the Supreme Court request let us
comprehend the idea of a Power of Attorney.
What is a Power of
Attorney?
A Power of Attorney is
an authorization granted by a written formal instrument whereby an individual
named as the principal/donor authorizes another individual named as the
attorney/agent/donee to act on his/her benefit. In India, a power of attorney
is utilized by numerous property purchasers to help them with transactions
engaged with purchasing a home. It could incorporate a capital acquisition of
the place that is known for home, renting, selling the property or the home
loan. When purchasing a home, a person should hire a dependable and reliable
power of attorney who can assist an individual with the buy procedures. The POA
is frequently utilized by NRIs hoping to purchase property in India. In the
simplest terms, it is the power (right) that an individual (Principal) awards
to an attorney (a legal representative). A principal-legal representative
relationship is established between the two, and the acts of the legal
representative would bound the Principal. For example, suppose an individual
has bought a property in India and cannot be physically present to handle the
registration. In that case, he can assign these rights/obligations to any
family member/companion through a registered power of attorney.
Kinds of POA
Special POA: In a special POA, a
power of attorney is confined and restricted to a particular purpose. A special
POA might transaction-specific, and the POA ceases on the culmination of a
transaction.
General POA: Under a general POA,
expansive powers are allowed to the representative to make decisions in the
interest of the Principal. Additionally, the representative can likewise
complete the different activities for the benefit of the Principal with no
impediment on transactions.
Durable POA: A durable POA stays
effective for a lifetime except if it is expressly revoked. A particular
condition can be inserted in the document, expressing that the representative's
capacity would stay legitimate regardless of whether the Principal gets
incapacitated.
Usage of Power of
Attorney
Even before the
COVID-19 pandemic, frequently travelling was impossible for some NRIs, in light
of their jobs, occupied timetables and even affordability. Thus, the majority
of them utilized the power of attorney instrument to lead different
organizations in the nation of their origin. Under this legal course of action,
one can endow anybody to represent them to conduct specific businesses on their
behalf. Regardless of whether the NRI can return to India to make the purchase,
eventually, they need to employ a legal representative, for asset management
purposes. Utilizing the POA instrument, an NRI can conduct different real
estate-related organizations in India, including sale, purchase, leasing, mortgaging,
etc. Additionally, if a property is together held, it very well may be hard for
all the co-owners to present themselves and complete an exchange. Via granting
a POA to one individual, the joint owners can move ahead without any
issues.
Power of Attorney in
Real Estate:In Real Estate, a
power of attorney plays a critical function in the transaction of the buy or
sale of a home. For a long time, the authority of the POA was mishandled as
they were utilized to avoid the payment of a capital gains taxwhich led to the
investment of black money. In light of this issue, the Supreme Court passed a
law expressing that POA should just be utilized for genuine transactions and
not for the transfer of the title or right to someone else or property. On the
other hand, any POA that is assigned to help with the exchanges of the property
should be registered with a sub-recorder who is situated in the jurisdiction
where the purchaser lives. If the home-purchaser is an NRI, the POA picked
should be certified by the consulate of the nation they live in.
What are the basic
provisions in a Power of Attorney?
While initiating a
Power of Attorney, it is fundamental to cover explicit mandatory provisos
relying on the kind of power of attorney that is being made. Coming up next are
the basic provisos that must be remembered for a Power of Attorney deed:
·
Complete details of the Principal/donor making the Power of
Attorney like his name, age, address as well as his present occupation.
·
Important information of the agent/attorney/donee that is the
individual who is getting the authority.
·
The reason to grant the power to someone else must be clarified
and be legitimate.
·
The time, a date just as the place of making the Power of
Attorney deed and its execution date also (date from which the Power of
Attorney comes into force).
·
If the Power of Attorney is time-bound, at that point, the
planned date of the end of the Power of Attorney and on the off chance that
there is no mention of the limit of the same it is to be referenced whether the
Power of Attorney is durable or non-durable.
·
Suppose there should arise an occurrence of a general power that
is being granted. In that case, the Deed must specify the complete details of
all the acts as well as the areas of allowing the said power. For example, if a
general power about a property is granted, at that point, the Principal can
grant the ability to lease or purchase any property while not being authorized
to sell any of the properties.
·
In the event of extraordinary power, the grant of the particular
duty/assignment that should be performed by the agent/attorney must be
specified in the Deed.
·
The Deed should likewise indicate the time limit of the special
power within which the obligation must be finished.
How can a Power of
Attorney be executed in India ?
If an NRI is available
in India, he could execute the POA from India itself, before travelling to
another country -
Stage 1: The NRI needs
to get the ideal matter of the POA drafted and composed on non-legal stamp
paper of good worth which is by and large Rs 100.
Stage 2: Along with
the legal representatives and two witnesses, the individual is needed to visit
the Sub-Registrar's Office.
Stage 3: It should be
guaranteed that all the people setting off to the Sub-Registrar's Office are
conveying their valid identity proof. Copy of the POA, alongside the first
duplicate, should likewise be brought.
Stage 4: At the
Sub-Registrar's office signatures, photos and fingerprints of the gathering
will be gathered.
Stage 5: Now, a person
needs to gather the registered POA on the due date from the Sub-Registrar's
Office. It may take three-five days after the formalities have been
finished.
Consider the
possibility that you are outside India.
On the off chance that
you are settled abroad and won't have the option to visit India, you may
execute a POA from the nation of your residence through the Indian
Embassy/Consulate. There are two different ways to execute a POA from abroad:
Legalization: For this situation,
signatures of the notary or judge before whom the POA is executed are needed to
be verified by the appropriately authorized representative of the Indian
Embassy/Consulate. As indicated by Section 3 of the Diplomatic and Consular
Officers (Oaths and Fees) Act, 1948, notarizing a deed from an approved
official of the Indian Consulate/Embassy would be viewed as a legitimate public
accountant. Such a POA is not needed to be stopped at the hour of execution. Be
that as it may, it should be stamped within three months from the date of
receipt of the POA in India. Stamp obligation would be payable as indicated by
Section 2(17) read with Schedule-I of the Indian Stamp Act, 1899, when the Deed
is presented for registration in India.
Apostallisation: The Deed of POA
executed external India is demonstrated through an apostallisation cycle which
is administered by The Hague Convention, 1961. Otherwise called super
legalization, an apostille is a certificate which affirms and checks the
signature/seal of the individual who authenticated the document. Be that as it
may, this Deed, as well, requirements to follow Indian laws, for example, the
Indian Registration Act, 1908, and the Power of Attorney Act, 1882. A person
likewise needs to pay the stamp obligation on this.
Regulation of Power of
Attorney: A
POA paper should be interpreted to incorporate all the vital powers for its
execution. The POA must be given a strict interpretation, and no additional
rights should be interpreted except if they are explicitly referred. For
example, if the POA refers to "option to rent", the "option to
sell" cannot be credited to it.
The representative
needs to act inside his scope and cannot bind the Principal by his acts which
are beyond his power. As an NRI, you cannot be sued or considered answerable
for the extortion of the agent, except if it is demonstrated that the
misrepresentation was done in intrigue with you.
Repudiation of Power
of Attorney
Suppose the Principal
feels that the legal representative is abusing power allowed to him or cannot
appropriately discharge the duties allotted to him. In that case, he has the
choice to renounce the POA. Repudiation may likewise be required if the
Principal thinks that now he is in a situation to deal with his assets.
How to deny a Power of
Attorney?
·
You may deny a POA during your lifetime.
·
POA is additionally renounced when the Principal dies or gets
insane or is declared insolvent.
·
POA can be revoked on commonly agreed terms between the
Principal and the representative.
·
A POA is repudiated when the particular exchange for which it
was executed has been accomplished.
Revocation of POA must
be conducted in a similar way in which it was executed. If the POA was
registered with the Sub-Registrar, you need to get it revoked from a similar
office. Likewise, the representatives and the parties concerned should be
appropriately educated about the cancellation of the POA. If the interests of
an enormous number of individuals are included, it is suggested that a
notification be distributed in a paper. A notification about the repudiation of
the POA could likewise be posted on the property where it tends to be obvious
to the general public.
Court precedent
There have been
numerous situations where individuals resort to property deal through POA to
evade instalment of stamp obligation, which is illegal. Besides, selling
properties where the proprietor has just right over possession, and no right
over ownership through POA is additionally illegal. A fair exchange of title
and proprietorship cannot occur if the deal is done through a POA and not using
a sale deed.
The Supreme Court of India
in 2011 announced that "a power of attorney is not an instrument of
transfer concerning any right, title or interest in an immovable
property". Following the equivalent, the Indian Apex court coordinated the
metropolitan bodies not to change or register properties dependent on such
archives. The Supreme Court, notwithstanding, restored those legitimate
exchanges that have been brought out through GPA would be lawful.
The court additionally
stated, "Nothing keeps influenced parties from getting registered deeds of
conveyance to complete their title. The said exchanges may likewise be utilized
to acquire explicit execution or to protect ownership under Section-53 An of
the Transfer of Property Act, 1882."
Because of this
Supreme Court order, various states across India disallowed the registration of
properties that were sold through a GPA. Besides, this landmark judgment of the
Supreme Court has just assisted with limiting the free progression of black
money somewhat in the real estate in India, where property titles are
controlled way time and again. Other than this, because of this, a ton of
property exchanges where costs were rounded off till now will be
influenced.
Notwithstanding, after
a total restriction on such properties was forced, the Delhi government at long
last consented to allow registration of properties for the legitimate
proprietor's spouses, children, siblings as well as any other family member or
individual of trust of the enlisted proprietor.
Conclusion
As an NRI living abroad, it is frequently difficult to keep steady over the procedures of your new home and dive into the basic essential details of the buy or sale. Consequently, allotting a POA is not just practical yet additionally accorded protection. If a new rule imposed by the government or property developer, you may be required to sign some documents and your POA can sign them on your behalf. Alternatively, if you are the victim of fraud during the real estate dealings, you POA can be presented as evidence in court. The way toward naming a POA is basic and direct, and as an NRI, it is emphatically suggested that you select one in your nation of origin to fill in as your delegate for any land exchanges.
The author of this blog/Article
is Kishan Dutt Kalaskar, a Retired Judge and practising advocate
having an experience of 35+ years in handling different legal matters. He
has prepared and got published Head Notes for more than 10,000 Judgments
of the Supreme Court and High Courts in
different Law Journals. From his
experience he wants to share this beneficial information for the individuals
having any issues with respect to their related matters .
The Arbitration and Conciliation Act 1996 (#ArbitrationAct) has gone through a number of #amendments to make India more international-arbitration-friendly. The most recent being the Arbitration and Conciliation read more
The Arbitration and Conciliation Act 1996 (#ArbitrationAct) has gone through a number of #amendments to make India more international-arbitration-friendly. The most recent being the Arbitration and Conciliation Ordinance, 2020 that came into force on 4th November, 2020.
To know more, please visit the link below:
http://www.theindianlawyer.in/blog/2020/12/21/arbitration-in-india-2020/
#arbitration #supremecourt #delhihighcourt #amendment
The Three Judge Bench of the Hon’ble Supreme Court of India comprising of J. Dr. Dhananjaya Y Chandrachud, J. Indu Malhotra and J. Indira Banerjee passed a Judgment dated 15.12.2020 in the case of Smt. read more
The Three Judge Bench of the Hon’ble Supreme Court of India comprising of J. Dr. Dhananjaya Y Chandrachud, J. Indu Malhotra and J. Indira Banerjee passed a Judgment dated 15.12.2020 in the case of Smt. S Vanitha v. The Deputy Commissioner, Bengaluru Urban District & Ors. {Civil Appeal No.3822 of 2020 (Arising out of Special Leave Petition (C) No. 29760 of 2019}) and held that provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (#SeniorCitizens Act) cannot be invoked by in-laws to evict their #daughterinlaw as it would deprive her of rights in a shared household under the Protection of Women from Domestic Violence Act, 2005 (#DomesticViolence Act).
To read more, please visit the link below:
#supremecourt #seniorcitizen #daugherinlaw #sharedhousehold #domesticviolence #eviction
The Supreme Court has in a recent case of Samir Agrawal vs Competition Commission of India and Others passed a Judgment dated 15-12-2020 and held #Ola and #Uber #Cab Aggregator Companies not guilty of read more
The Supreme Court has in a recent case of Samir Agrawal vs Competition Commission of India and Others passed a Judgment dated 15-12-2020 and held #Ola and #Uber #Cab Aggregator Companies not guilty of facilitating #cartelization or anti-competitive practices.
To read more, please visit the link below:
#cartel #competitionlaw #ola #uber #cab #supremecourt #competition
The Government of India vide Notification S.O. 1205 (E) dated 24.03.2020 (“Notification“) raised the minimum #threshold of #default amount to Rs. 1 Crore, from the earlier amount of Rs. 1 Lakh, in order read more
The Government of India vide Notification S.O. 1205 (E) dated 24.03.2020 (“Notification“) raised the minimum #threshold of #default amount to Rs. 1 Crore, from the earlier amount of Rs. 1 Lakh, in order to trigger Corporate Insolvency Resolution Process (“#CIRP“) under the Insolvency and Bankruptcy Code, 2016 (“#IBC“).
To read more, please visit the link below:
#nclt #ibc #default #debt #pandemic #court
Employment Contract – Validity of Employment BondBy Kishan Dutt Kalaskar An employment contract is an agreement that discusses in detail the working rapport of a company and an employee. It helps both read more
Employment Contract – Validity of Employment Bond
By Kishan
Dutt Kalaskar An employment contract is an agreement that discusses in detail
the working rapport of a company and an employee. It helps both parties to comprehend
their obligations and the stipulations of employment.
Importance
A
good quality employment contract is valuable to both the employee and the
employer. It spells out the privileges and obligations of each party, protects
the job security of the employee and protects the employer from certain risks
such as the discharge of confidential employer information after the period of employment
ends. Some jurisdictions require employment contracts for particular positions.
i)
Term-
Most employment contracts have a specific term of employment. This assures that
employeeshavea secured position in the company as long as they do not disobey
the terms of the contract, and also permits employers to release the employee
at the ending of the term.
ii)
Termination-A
good employment contract will accurately mention what acts can amount to
termination of the employee. This, in a way, helps both parties, because it
allows the employee to know which activities are allowed and which are
forbidden, thus rendering the possibility a serious breach less likely. The labour
law of the concernedjurisdiction should be crosschecked to ensure that the
terms of the contract do not disagree with legal requirements.
iii)
Non-competition
Covenants-If the employee will have accessibility
to confidential company information, it is imperative from the employer's point
of view to comprise a clause preventing the employee from revealing this
information to others. An employer might also desire to prevent the employee
from working for competitors, although the labour laws of various jurisdictions
differ on the satisfactoriness of such a clause. In both cases, non-competing
clauses are typically binding on the employee for a certain time being after
the employment ends.
iv)
Duties-The
duties of both the employer and the employee should be clearly stipulated in
the employment contract. This section should comprisean employee’s job duties, salary,
benefits, and any overtime bonus. The employer's right to shift the employee to
a better position should also be mentioned.
v)
Dispute
Resolution -A good employment contract will indicate
dispute resolution procedures that reduce the time and expenditure of a
courtroom battle. Arbitration procedures offers lesser time and expense,
although appeals from arbitration decisions are usuallycomplicated, it is a
more preferred resolution method.
Essentials of
Employment Contracts
When a person drafts an
employment contract, he/she shall ensure that these particulars are present in
the contract:
i)
Title
of Contract: When a company has to draft an
Employment Contract, the company should begin with giving a title to the
Employment Contract. The title of the Employment Contract need not give any
details about the terms and conditions of the Contract. In general, the title
‘Employment Contract’ is considered more than enough.
ii)
State
the Parties: It is crucial that the name and
identity of the parties to the Contract must be mentioned in the contract
explicitly. Generally, in the case of Employment Contract, the parties comprise
the name of the Company and the name of the Employee. In addition, the locality
of the Company must be particularly written in the Contract.
iii)
List
Terms and Conditions: The most important aspect in drafting an
Employment Contract, are the stipulations of the contract.By and large, the
bare minimum requirement of an Employment contract is salary, hours of
employment, and the severance packages provided in terms and conditions.
iv)
Delineate
Position Duties: It ought to be kept in mind that
the employee should not be astonished by any new accountability or work, and
the employer is getting what needs to be done. For ensuring these things, it is
vital to write an outline of things, and it is important to write a detailed
outline of the duties of the person applying for such a position. A complete
list should be prepared with the Employment Contract for providing transparency
about the tasks associated with the position.
v)
Be
Clear on Compensation: The compensation facet
of your contract must be unambiguous and direct. This way, there will not be
any perplexity or disagreement regarding the employee is first or second retribution.
vi)
Miscellaneous
Clauses: On the basis of the nature of the
Company and the kind of business, the company may consider adding other clauses
in the contract which include, i) Non-Solicitation Clause- which bans the
employees from soliciting the customers from any particular geographical area and
taking them with him ii) Privacy- this clause says that the employee shall not
have expectations of confidentiality in the employer-issued devices. iii)
Probationary Clause- this clause provides the authority to an employer to
remove an employee within a particular period of time.
After
the Company has finished drafting the Employment Contract, it is essential to seek
advice from an attorney to methodically review the contract. This way can unpredictably
lower the chances of facing litigation arising out of the contract. The legal document should be combined with the prior oral or
written negotiations that took place between the parties.
Employment bonds are employment agreements, which comprise of a negative covenant. In Indian Law, the employment agreements with negative covenants areconsidered to be valid and legally enforceable if the parties agree to have free consent, i.e. without fraud, coercion, undue influence, mistake and misrepresentation. The Indian courts are of theopinion that in the event of a breach of contract by the employee, the employer shall be allowed to recuperate damages only if the employer bore a considerable amount of expenditure. Indian law makes it compulsory the employment bonds be “reasonable” in order to be legitimate. The expression reasonable remains vagueas it is not defined in the Indian law, and therefore the courts have given connotation to “reasonable” depending upon the facts and circumstances of the cases. The suggestion which has emerged till now is that state of affairs predetermined in the contract should be vital to protect the attention of the employer and pay reimbursementto the losses caused by the breach of contract. Additionally, the punishment or compulsory employment period fixed should not be disproportionate.
The legality of Employment bonds can be challenged based on Section27 of the Indian Contract Act. Section 27 of the Indian Contract Act, 1872 imposes a prohibition on any agreement in restraint of trade and profession.
As per the authority of Section 27, any terms and conditions of an employment contract which directly or indirectly makes it compulsory for the employee to provide service to the employer or puts a constriction on them joining the competitor or other employer will not be not valid under the Indian law. The employee has the complete right to leave the employment even if there has been an agreement in the employment bond to serve the employer for a precise period of time.
For an employment bond to be legitimate under Indian law, it has to be proved that it is essential for the autonomy of trade. In a circumstance, where the employer is able to establish that the employee is, joining the competitor to reveal the trade secret then the court may issue an injunction order restricting the employee from joining the competitor. If an agreement is challenged on the basis of violating the provision relating to restraint of trade, the burden is on the party supporting the contract to show that restraint is reasonably essential to protect his interests.
Important Judgements
Sushilaben Indravadan
Gandhi & Anr. v. New India Assurance Company Limited
&aOrs. (SLP (CIVIL)
NO: 1170 OF 2019)
Here,
in this case, Dr Alpesh Gandhi, (the deceased) husband of the Appellant, Mrs.
Sushilaben Indravadan Gandhi had entered into a contract with the Rotary Eye
Institute on May 4, 1996, and the contract was titled as ‘Contract for Services
as Honorary Ophthalmic Surgeon at Rotary Eye Institute’. The insured, i.e. the
Institute, had taken up a ‘Private Car B’ policy from the New IndiaAssurance
Company Limited (the Respondent) wherein the Institute had paid an extra
premium or an endorsement of IMT-5 (the Insurance Policy). That insurance
policy further gave accidental personal coverage to unnamed passengers other
than the ones insured, his paid driver, cleaner or a person employed by the
insured and coming within the scope of Workman Compensation Act, 1923 to the
scale of 100% compensation in case of death. Due to the incautious and
negligent driving of the bus driver, the deceased while travelling in a mini-bus
owned by the Institute, suffered some serious injuries and eventually died.
Therefore,
the Appellant filed a petition before the Motor Accidental Claim Tribunal under
Section 166 ofthe Motor Vehicles Act, 1988 against the Respondent, the Institute
as well as the driver of the mini-bus and claimed a compensation of wherein the
Tribunal held that the employment arrangement between the deceased and the
institute to be a ‘Contract for Service&. Hence the deceased was not an
employee of the institute. Therefore, the for the above-stated reason, the Tribunal
directed the Respondent, the institute and the driver of the mini-bus to pay a compensation
of Rs. 37,63,100/- as well as interest at the rate of 8% p.a.Discontented by
order of the Tribunal, an appeal was filed by the Respondent before the High
Court of Gujarat wherein the Court relied upon the limitation of liability
clause under the Insurance Policy which discharged the Respondent from any
liability to a third party since the death has taken place in the course of the
employment of such person. Moreover, the Court was of the opinion that since
the contract between the insurance company and the dead person was a ‘Contract
of Service’, the accountability of insurance company towards the deceased was
narrowed to the extent ofRs.50, 000/-.Thereafter, being upset by the decision
of Gujarat High Court, the Appellant filed an appeal before the Supreme Court
for increasing the amount of compensation. The Court referred tovarious
judgments which and the tests laid down to adapt the difference between a
‘Contract for Service’ and a ‘Contract of Service’. The Court diligently assessed
precedents for this aspect and observed that there were no established tests
that can be practised and that each fact would be examined for drawing a
conclusion on this aspect. Furthermore, the Court observed that the preliminary
tests where an employer exercises control over the person engaged could not be
enforced in separation.
Niranjan Shankar
Golikari v. Century Spinning & Mfg Co. Ltd (1967 AIR 1098)
In
this famous case, a foreign producer entered into a with a company manufacturing
tyre yarn, which expressed that the company would preserve the secrecy of all
technicalinformation. In execution of the agreement, the company signed a
non-disclosure agreement withthe appellant at the time of his employment. The
Supreme Court of India identified the tests toregulate the rationality of
restrictive agreements in terms of Section 27 of the Contract Act.Considering
the above-stated facts, the agreement was held to be valid, and the appellant
wasduly restrained from serving elsewhere for the duration of the agreement.
The Supreme Court held that there is an implied term in a contract of
employment that a previous employee may not make use of his previous employer’s
trade secrets. Disregarding this exception, the employee is authorized to
utilize most of the knowledge and skill possessed by him. The Court depended on
Lord Halsbury’s Laws of England which held that as a general principle an
individual was authorized to implement his lawful trade or calling whenever he wills,
as well as the law, had resentment restrained against intervention with trade
even at the risk of intervention with freedom of contract, as it was a public
policy to combat all restraints upon freedom of individualaction which isdetrimental
to interests of trade. This principle was based upon public policy, which is an
effectual concept that changes and evolves depending upon time and needs.
Percept D’Mark (India)
Pvt. Ltd. v. Zaheer Khan & Anr.[Appeal (civil): 5573-5574 of 2004]
In
this case, it was held by the Supreme Court that a restrictive contract
extending beyond its terms is void and non-enforceable. The Court further held
that the doctrine of restraint of trade does not apply during the continuation
of the contract of employment, and it is applied only when the contract comes
to an end. Moreover, it was observed that the doctrine of restraint of trade is
not constricted to contracts of employment but is also significant to all other
contracts.
Gujarat Bottling v.
Coca Cola(1995 AIR 2372)
In
this case, the Supreme Court distinguished that in the past, nations frequently
went to war for the conservation and improvement of their economic interests, but
things have changed with the passing time. Whereas during this time of
competition and high employee turnover rate, the employers generally try to
safeguard their trade secrets so as to direct to engage in the market,make
their employees sign contracts/agreements which limit their employees from
revealing the job profile, henceforward, competing with the same establishment
or workingwith the same competitors. Thus, such agreements entered between the
employer, and the employee should not hinder the growth of employees and secure
the interests of the employer.
Conclusion
The notion of the employment agreement is analogous
to any other contract in force. A comprehensive employment contract provides
the significant duties and responsibilities of the employee. The duties and
responsibilities help him to comprehendaccurately what his employer is
expecting him to do. The major objective of an employment contract is to avoidrevelation
of information, non-competition, non-solicitation as well as fortification of confidential
information, so it is always prudent to implement a written agreement of employment
between the employer and the employee. The employee signs the employment
contract. An appointment letter is generally executed with a view to cover the
probation period of an employee until the time such employee is made permanent
in the organization by the employer.
The author of this blog/Article
is Kishan Dutt Kalaskar, a Retired Judge and practising advocate
having an experience of 35+ years in handling different legal matters. He
has prepared and got published Head Notes for more than 10,000 Judgments
of the Supreme Court and High Courts in
different Law Journals. From his
experience he wants to share this beneficial information for the individuals
having any issues with respect to their related matters .
In recent times, #CryptoCrimes have occupied a fair share of space in newspaper columns. As per Reddit, Investopedia and Indian Express some of the interesting headlines are as follows: “India’s Bitcoin read more
In recent times, #CryptoCrimes have occupied a fair share of space in newspaper columns. As per Reddit, Investopedia and Indian Express some of the interesting headlines are as follows: “India’s Bitcoin boom is fueling a surge in cryptocurrency crimes”, “Indian Businessman kidnapped for Bitcoin Fraud of trading cryptocurrency in India”, “Investigation ongoing of a multicore MLM Bitcoin scam”.
To read more, please visit the link below:
http://www.theindianlawyer.in/blog/2020/12/14/cryptocurrency-crimes-in-india/
#cryptocurrencies #crime #cryptocurrency
A Three Judge Bench of the Hon’ble Supreme Court of India comprising of Justices Nageswara Rao, Hemant Gupta and Ajay Rastogi passed an Interim Order dated 27.11.2020 in the case of Dr. Prerit Sharma read more
A Three Judge Bench of the Hon’ble Supreme Court of India comprising of Justices Nageswara Rao, Hemant Gupta and Ajay Rastogi passed an Interim Order dated 27.11.2020 in the case of Dr. Prerit Sharma & Ors. v. Dr. Bilu (Civil Appeal Nos. 3841-3843 of 2020 arising out of S.L.P. (C) Nos. 13670-13672 of 2020), thereby not allowing #reservation for in-service #doctors in Super Specialty Medical Courses for 2020-21, on the ground that such reservation will be detrimental to the interest of other competent and meritorious doctors.
To read more, please visit the link below:
#supremecourt #reservation #doctors
Recently, three Judges Bench of the Supreme Court in the case of Inderjit Singh Sodhi And Others v. The Chairman, Punjab State Electricity Board and Another [Civil Appeal No. 3837/2020], vide its #Judgment read more
Recently, three Judges Bench of the Supreme Court in the case of Inderjit Singh Sodhi And Others v. The Chairman, Punjab State Electricity Board and Another [Civil Appeal No. 3837/2020], vide its #Judgment dated 03.12.2020 held that the dismissal of Special Leave Petitions is of no consequence on the question of law involved in the case.
To read more, please visit the link below:
#specialleavepetition #slp #supremecourt
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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.
Resource centre is one stop destination for users who are seeking for latest updates and information related to the law. takes the privilege to bring every single legal resource to your knowledge in a hassle free way. Legal Content in resource centre to help you understand your case, legal requirements. More than 3000 Documents are available for Reading and Download which are listed in below categories:
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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