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advocatepankajsbajaj@gmail.com
8261977372
Mumbai, India
Indirect Taxes/GST/VATPolice ActionIntellectual PropertyAdoni, India
Law professionals need to cultivate the practice of effective and impressionable text. Communication both, written and verbal, has to be simple, precise and logical. A piece by Senior Advocate in today's read more
Law professionals need to cultivate the practice of effective and impressionable text. Communication both, written and verbal, has to be simple, precise and logical. A piece by Senior Advocate in today's Indian Express may be seen as an apt example how to write good English. This capacity can be developed by consistent practice and determination.
कानून के छात्रों को मेरी सलाह है कि वे जल्द ही यह तय कर लें कि कानून की डिग्री के बाद वे किस प्रकार का कैरियर अपनाना चाहेंगे। तब आप बाद में अनिश्चितता, चिंता और परेशानी से बच जाएंगे।आप में से जो read more
कानून के छात्रों को मेरी सलाह है कि वे जल्द ही यह तय कर लें कि कानून की डिग्री के बाद वे किस प्रकार का कैरियर अपनाना चाहेंगे। तब आप बाद में अनिश्चितता, चिंता और परेशानी से बच जाएंगे।
आप में से जो यू पी, एम पी, हरियाणा, राजस्थान, दिल्ली, हिमाचल प्रदेश और जम्मू आदि हिंदी भाषी राज्यों से हैं, उन्होंने हिंदी माध्यम से पढ़ाई की होगी। इसके अलावा, अदालतों, राज्य सरकार के कार्यालयों में आधिकारिक काम और शिक्षण बड़े पैमाने पर हिंदी में किया जाता है। इंटर्नशिप और कैरियर विकल्पों के मामलों में आपकी मदद करने के लिए मैंने हिंदी में कई वीडियो बनाए हैं। उनमें से कुछ का लिंक नीचे दिया गया है।
https://lnkd.in/dyb9hjj5
वे सभी चैनल 'लेक्स कॉन्सिलियम फाउंडेशन' के लिए हैं। इन वीडियो को यूट्यूब पर अवश्य देखें। उनका अनुसरण करें, उनकी सलाह पर कार्य करें। वे स्नातक होने के बाद जल्द से जल्द नौकरी ढूंढने और उसमें स्थापित होने में आपकी बहुत मदद करेंगे।
इस अभ्यास का हिस्सा बनने के लिए चैनल को सब्सक्राइब करें।
आप यदि कानून के छात्र है और आपने अपने करियर के विषय में फैसला नहीं किया है तो अब और देर बिल्कुल मत करिए। जितनी जल्दी आप अपने कैरियर का चुनाव कर लेंगे उतनी ही शीघ्रता से आप उसके मुताबिक इंटर्नशिप कर सकेंगे। read more
आप
यदि
कानून
के
छात्र
है
और
आपने
अपने
करियर
के
विषय
में
फैसला
नहीं
किया
है
तो
अब
और
देर
बिल्कुल मत
करिए।
जितनी
जल्दी
आप
अपने
कैरियर
का
चुनाव
कर
लेंगे
उतनी
ही
शीघ्रता से
आप
उसके
मुताबिक इंटर्नशिप कर
सकेंगे। कानून
की
पढ़ाई
पूरा
होने
पर
और
डिग्री
मिलने
के
बाद
आप
काम
कर
सकेंगे। अपने
पैरों
पर
खड़े
होंगे।
इस
प्रकार
आत्मनिर्भर हो
सकेंगे। अपने
आगे
आने
वाले
भविष्य
के
लिए
फोक्सड
हो
सकते
हैं।
लैक्स कंसीलियम फाउंडेशन की प्लेलिस्ट 'कैरियर इन ला इस नजर से मूलत कानून के छात्रों के लिए बनाई गई है। यह उन्हें विभिन्न प्रकार के कैरियर के बारे में जानकारी देती है जिससे वह अपनी इच्छा और जरूरत के मुताबिक अपने कैरियर की लाइन को चुन सके। उसमें जानकारी हासिल कर लें। इंटर्नशिप कर लें। यथा सम्भव कुछ संपर्क स्थापित करके कांटेक्ट बनाएं और यदि हो सके तो अपनी पहचान भी बनाने की कोशिश करें। इनकी लिंक नीचे दी गई है।
https://youtube.com/playlist?list=PLTIe18n7aF9vl5DKIv1Yq3Vj1TrgsnkBs&si=Qw-zKCda5VzIkmQa
अब
तक
कुल
ग्यारह
वीडियो
अपलोड
किये
जा
चुके
हैं।
यूट्यूब की
प्लेलिस्ट ' कैरियर
इन
ला'
को
आप
अवश्य
देखें।
उसे
गंभीरता से
लें।
दिलचस्पी से
देखें।
चैनल
को
सब्सक्राइब करें।
आगे
रिलीज
होने
वाले
वीडियो
को
भी
मन
लगाकर
देखें।
यदि
आपको
कोई
सवाल
या
संदेह
हैं
तो
मुझसे
जरूर
सवाल
करें।
मुझे
पूरा
विश्वास है
कि
इन
वीडियो
में
आप
अपनी
पसन्द
देखते
हुए
अपने
सपनों
को
उजागर
करने
वाला
कैरियर
चुन
सकेंगे
और
उसमें
कामयाबी भी
हासिल
कर
सकेंगे।
Under the Real Estate (Regulation and Development) Act, 2016, a buyer may file a case and send legal notice to the builder for delay in possession, or they can move their case from a CDRC to the State read more
Under the Real Estate
(Regulation and Development) Act, 2016, a buyer may file a case and send legal
notice to the builder for delay in possession, or they can move their case from
a CDRC to the State Real Estate Regulatory Authority. This Act requires a
builder to pay 10% interest on the property's worth for delayed possession of
units. Home buyers who are dissatisfied with their purchases have three options
for resolving their complaints:
Real Estate Regulatory
Authority (RERA):
RERA is a specific
court for resolving real estate issues. Its appellate authority, the RERA
Appellate Tribunal, has jurisdiction over all real estate cases. Complaints
under RERA can be made for any claim amount; however, if the occupancy
certificate has already been obtained, a complaint cannot be filed. It permits
buyers to receive a 100% refund of their investment with interest or monthly
interest until the builder hands over possession.
Consumer Forum:
The Consumer Protection
Act,2019, allows buyers to file a complaint against the builder for "deficiency
in service." With its Appellate Body, District Forum to the SCDRC
(State Consumer Dispute Resolution Commission), the SCDRC to the NCDRC
(National Consumer Dispute Resolution Commission), and the NCDRC to the Supreme
Court. Buyers can make complaints in the Dispute Forum for up to Rs. 1 Crore,
while filing complaints in SCDRC for Rs 1 Crore to Rs. 10 Crore and in NCDRC
for more than Rs. 10 Crore. It allows consumers to receive a refund with
interest or possession with a delay as compensation for mental harassment,
litigation fees, etc.
National Company Law
Tribunal (NCLT):
If the builder is
unable to continue or complete the real estate project, the buyer may commence
insolvency procedures under the 2016 Insolvency and Bankruptcy Code. This
well-established law, with its appellate authority, the National Company law
Appellate Tribunal (NCLAT), resolves issues for registered companies in bad
financial standing with a disputed amount over Rs. 1 lakh.
A comparison of the
legal remedies available to an aggrieved home-buyer:
Points of difference |
RERA |
Consumer Forum |
NCLT |
Legislation |
Real
Estate (Regulation and Development) Act, 2016 |
Consumer
Protection Act, 2019 |
Insolvency
and Bankruptcy Code, 2016 |
Appellate
Body |
RERA
Appellate Tribunal |
District
Forum to SCDRC
SCDRC to NCDRC
NCDRC
to Supreme Court |
National
Company Law Appellate Tribunal (NCLAT) |
Jurisdiction |
All
real estate matters. However, if the occupancy certificate has been granted,
then a complaint cannot be filed. It can be filed for any claim amount. |
File
in Dispute forum – Claims up to Rs. 1 Crore
File
in SCDRC – From Rs. 1 crore to Rs. 10 Crore
File
in NCDRC – more than Rs. 10 Crore |
The
bad financial condition of a registered company with a disputed amount above
Rs. 1 lakh |
Compensation |
Refund
of payment with interest OR Monthly interest till handing over of possession |
Refund
with interest OR Possession with delay compensation for Mental
harassment, litigation costs, etc. |
Dissolution
of Company, and claiming your share upon liquidation |
For more information, you can contact us via email at info@soolegal.com or +91 9810929455.
Over 50 million widows are believed to live in India. Society has to treat such a percentage of women with equal respect, recognising their rights that these women are unaware of. Inheritance rights of read more
Over 50 million widows
are believed to live in India. Society has to treat such a percentage of women
with equal respect, recognising their rights that these women are unaware of.
Inheritance rights of widows on their husband's property is one such privilege
that widows fail to capitalise on due to a lack of legal information.
After her husband's
death, a woman retains property rights based on how he earned ownership, which
might be self-acquired or ancestral. Once the property's title has been
determined, the next question is what kind of ownership that the couple shared
before to the husband's death.
Inherited rights based
on the form of acquires and religion:
· Hindu
Law
According to the Hindu
Succession Act of 1956, a wife can inherit the property of her husband after
his death intestate.
· Self-Acquired
The legal heirs of a
male dying intestate receive his property after his death, and the wife, who
falls under the Class I heirs’ category, receives the husband's property after
his death equally or in a share specified in the husband's testament.
· Ancestral
Property
A wife has no legal
rights to her husband's ancestral property as her own; nevertheless, she can
claim a portion of her husband's estate after his death from her in-laws.
· Christians
The property is deemed
self-acquired regardless of how it was obtained. Along with his other legal
heirs, the wife has a claim to the property.
· Muslims
If there are children,
the wife receives one-fourth of the husband's property; if there are no
children, the wife receives one-eighth of the husband's property.
The Remarriage Act of
1856 recognised a widow's rights to her husband's property
All rights and suits
that a widow may have in her deceased spouse's property should be contingent on
her remarriage. The beneficiaries of her deceased spouse, or any other person
entitled to the property upon her death, shall be the same.
However, the Hindu
Succession Act of 1956 abolished this Act. Widows who choose to remarry have a
right to the property of their deceased spouse.
Section 2 of the Hindu
Remarry Act of 1856 states that
The rights of a widow
in the property of a deceased spouse are determined by the termination of their
marriage (when she remarries). All claims and interests a woman may have in the
property of her deceased husband:
·
By keeping.
·
Or by legacy to her spouse or the
successor of that Property.
·
Or by any will consult upon her.
·
Without giving consent to marry again.
Key Provisions Relating
to Widow's property rights
·
According to the Hindu Widow's
Remarriage Act of 1856, any claims and rights that a widow may have in her
deceased spouse's property must be based on the termination of her remarriage
and the other legal heirs of her spouse or other person entitled to have an
interest in the demised one's property.
·
According to the Hindu Succession Act of
1956, women who remarry retain the right to their deceased spouse's property.
Her part of the property is not affected by her marital status.
·
Hindu law held the legal necessity as a
state in which women whose spouse passed away had the ability to sell their
property. These were instances in which she required funds to make grants or to
carry out rites in memory of her marriage. This legal need includes the costs
of the daughter's wedding.
Hindu widows' claim to
their spouse's property
Where immovable
Property is purchased by a Hindu widow in possession of her deceased spouse's
inheritance out of the proceeds of the inheritance, such Property does not
always emerge into a pile of the husband's Property. Throughout her life, the
widow has complete control over it. Still, it is only feasible if she treats it
as an accumulation of her spouse's inheritance or leaves it undisposed of upon
her death. As a result of such inheritance, that Property will evolve.
A widow in sole possession
of her spouse's estate is not required to account to anyone. However, she is
free to do whatever she wants with the Property during her lifetime, as long as
she does not harm the revision.
If a man dies leaving more than one widow, the property might be divided in court according to the share. The court may order them to divide a portion of their property. Other than that, they can divide it as a mutual agreement. Yet, they have no right to divide the Property in the proper sense. One's share of the Property will go by the right to the other.
For additional
information, contact our expert Family lawyers, who will provide you with easy
solutions. Please contact us by email at info@soolegal.com or
call us at +91 9810929455.
The Hindu Succession Act, 1956 governs the division of a father's property after his death in India. This law covers the allocation of property in cases of intestate succession, i.e., when the father read more
The
Hindu Succession Act, 1956 governs the division of a father's property after
his death in India. This law covers the allocation of property in cases of
intestate succession, i.e., when the father dies without leaving a will, and it
applies to Hindus, Buddhists, Jains, and Sikhs.
According
to the Hindu Succession Act, a Hindu father's property is divided equally among
his Class I heirs, who comprise his widow, children (including daughters), and
mother.
If
any of the Class I heirs are not alive or passed away before the father, their
share will be distributed to their own lawful heirs. For example, if a daughter
outlives her father, her children are entitled to her half of the property.
If
no Class I heirs are present the property will transfer to Class II heirs,
which comprise the father's father, brothers, and sisters. If any of the Class
II heirs are not alive or have died before the father, their share will be
distributed to their own lawful heirs.
It
is vital to remember that if the father has left a Will, the terms of the Will
will control the division of his property.
Son's
Legal Rights in His Father's Property
The
Hindu Succession Law divides property for the purpose of succession into
ancestral and self-acquired property, and the rights associated with each
differ.
·
Rights of a son if the property is
inherited
As
a son is a joint owner of ancestral property, inheritance rights to sons accrue
from the time of birth. A son has the right to file a partition claim for his
rightful share of the property throughout his father's lifetime. Furthermore,
he may sell his half of the ancestral property to any other party prior to the
legal partition of the property.
·
Son's rights if the property is
self-acquired
In
the instance of self-acquired property, the father has the right to give or
will the property to whomever he sees suitable, and the daughter has no right
to object. Thus, if the property is a self-acquired property of the father and
he has gifted or willed such property to someone by his own free will, without
coercion, undue influence, fraud, or misrepresentation, no right to the
property can be claimed.
Legal
Rights of a Daughter in Her Father's Ancestral Property
Previously,
only male members of the Hindu Undivided Family (HUF) had a claim to the
ancestral property. However, with the change to the Hindu Succession Act in
2005, a Hindu female has the same entitlement to ancestral property as a Hindu
male. Women were likewise made coparceners in the HUF establishment by the
aforementioned legislation.
Self-acquired
property, on the other hand, has been characterised as property obtained by an
individual from his own means or by any property earned through his share in
ancestral property. An owner of a self-acquired property has complete freedom
to dispose of the property in any way he sees fit, and the legal heirs have no
alternative.
The
Hindu Succession (Amendment) Act, 2005, which took effect on September 9, 2005,
repealed laws that were discriminatory towards Hindu daughters' inheritance
rights and granted them the same coparcenary rights as sons. In addition, if a
married Hindu daughter is deserted, divorced, or widowed, she has the right to
stay in her father's house.
Furthermore,
until recently, the rights provided to daughters under the 2005 amendment were
thought to apply solely in circumstances where a woman's father was alive on
September 9, 2005 (the date the amendment went into effect). This meant that
women whose fathers died before September 9, 2005 were denied the coparcenary
rights as stated in the 2005 amendment.
Following
several divergent opinions within the Indian judiciary on the subject of
retrospective applicability of the amendment, the Supreme Court recently in
August 2020 brought the matter to a quick conclusion making the amendment
applicable retrospectively to all cases, regardless of the date of 09.09.2005.
This final phase has totally eliminated any distinction between the rights of
daughters and sons to their father's property under the Act.
Procedure
for distributing Father's Property among heirs:
The
procedure for dividing family property in India is determined by the individual
circumstances and the applicable legislation. The following are the general
procedures for dividing family property in India:
· The
first stage is to identify the family's ancestral and self-acquired property.
Ancestral property is property that has been passed down via generations
without being divided among family members. Self-acquired property is property
acquired by a family member by their own work, inheritance, or gift.
· If
family members cannot agree on how to divide property, a partition suit may be
brought in court. The partition lawsuit tries to divide the property among the
rightful heirs. Depending on the nature of property and state rules, the suit
may be filed in a civil or revenue court.
· The
court can require a valuation of the property to ascertain its fair market
value.
· The
court may distribute the property among the rightful heirs in proportion to
their part of the property. The property may be divided physically or by paying
monetary compensation to the legal heirs who do not obtain physical possession
of the property.The following step is to identify the family's legal heirs. The
surviving spouse, children, and parents of the deceased family member, in
addition to any other family members who may have a legal claim to the
property, are considered legal heirs.
· Once
the property has been divided, the legal heirs must register the property in
their names.
While
aiming to ensure the right to equality, the Supreme Court of India recently
ruled in Vineeta Sharma vs Rakesh Sharma (2020) 9 SCC 1 that a
daughter coparcener would have equal HUF (Hindu Undivided Family) Properties or
equal right to family property by birth, regardless of whether the father, i.e.
a coparcener, died before September 9, 2005 (the day when the Parliament
recognised a daughter's right to equal coparcenary as a son by amending the
Hindu Succession Act 1956). The Three-Judge Bench stated that the daughter's
right was granted by her birth and would be unaffected by the date of her
father's death. This judgement clarified the legality and extent of Section 6
of the Hindu Succession Act 1956, as amended by the Hindu Succession
(Amendment) Act 2005.
It is important to note that the procedure for family property division may vary depending on the specific circumstances and the applicable laws. For more information, you can contact us via email at info@soolegal.com or +91 9810929455.
A police officer's job is to ensure that law and order are maintained in society. And they have the means, as well as sometimes coercive powers, to do so. The same holds true for traffic police officers. read more
A
police officer's job is to ensure that law and order are maintained in society.
And they have the means, as well as sometimes coercive powers, to do so. The
same holds true for traffic police officers. The primary responsibility of
traffic police officers is to ensure the smooth flow of traffic and to deter
any rule violations. However, there are times when you are pulled over and
harassed by police for no apparent reason. In that case, it is critical to
understand your rights and what you should do if you find yourself in a similar
situation.
The Authority of a Traffic Police Officer
· A
traffic police officer has the authority to demand your driver's licence and
inspect other required vehicle documents like a registration certificate,
insurance certificate, valid PUC certificate, and fitness permit. It is
necessary to carry the original documents and be able to produce them when
asked. Failure to comply could result in a fine, arrest, and court proceedings.
· If
necessary, he or she may seize your driver's licence and other vehicle
documents. A temporary acknowledgment receipt shall be issued by the police
officer to the person surrendering the licence. The holder is authorized to
drive until the licence is returned or until the date specified in the
acknowledgment receipt.
· If
you are driving without your licence, permits and certificates, or if your
vehicle is not registered, a police officer has the authority to seize and
detain you.
· A
traffic police officer in uniform may arrest you without a warrant if you are
found in his/her presence committing an offence such as driving dangerously or
under the influence of alcohol, or using a vehicle without authority.
What should you do if you are pulled over?
· When
traffic police officers signal you to stop, you must do so and produce the
documents requested by the officer; otherwise, you are breaking the law.
· You
may inquire as to why he has stopped you, but do not engage in an argument. If
you believe you have a legitimate reason for breaking the rule, explain it to
the officer.
· If
you made a mistake, explain it to the officer honestly and ask for repentance.
If you approach him with courtesy, he may let you off with a warning.
· Do
not mention any police officers or influential people.
· If
a traffic police officer confiscates your driver's licence, you may add to the
offence by paying a fine to the officer whose jurisdiction your licence was
confiscated; otherwise, you will receive a court notice. If you fail to appear
in court, an arrest warrant may be issued.
· If
the traffic police officer is an officer of a rank sub-inspector or above, you
may compound the offense on the spot by paying a fine.
What should you do if you are pulled over and harassed
by a traffic officer?
· Never
give in to a traffic police officer's illegal demands.
· Allow
him to impound your licence; don't try to bribe the officer.
· Make
a note of his buckle number/name, which will appear on the plate of his shirt.
You may demand his identity card if he does not have one. Don't give him your
documents if he can't produce his identity card.
· You can approach the traffic police with a specific complaint detailing all the details of the incident, including information about the concerned police officer. This complaint should be sent via registered mail.
For
more information, please contact us at +91
9810929455 or via email at info@soolegal.com.
The grandfather's property rights to his grandchildren depend on the inheritance legislation, which is not unified in India. The grandfather's property type, management, whether self-acquired, ancestral, read more
The laws of inheritance vary among
different religious communities, including:
According to the Hindu Succession Act of
1956, if a parent obtains self-acquired property in a family division as a
legal successor and not as a co-owner, the grandchild has no birthright in it.
The property can be inherited in whatever way the grandfather sees fit.
If a grandfather dies without a will, only
his spouse, son(s), and daughter(s) will have the legal right to inherit the
property he left behind. The properties inherited by the decedent's wife,
son(s), and daughter(s) are considered personal property of those who inherit
them, and no one else has any title to a part of the property in question.
The grandfather's property passes to the
legitimate successor of the deceased son or daughter, while the grandson is
only entitled to grandson rights after the grandfather's death and his
immediate successors.
Grandchild's right to the grandfather's
family property
In today's India, family property
disputes are prevalent. Individuals from various socioeconomic levels of
society engage in court conflicts over property, whether from affluent or
low-income households. Disgruntled beneficiaries may challenge even the most ironclad
will, and if the courts do not resolve the matter, it may go on for a long
time. As a result, it is critical to address the issue as soon as possible with
an expert property lawyer who can guide you through the legal procedure and aid
you in recovering your portion of the property promptly and efficiently.
In the instance of ancestral
possession, a grandson has the right to use the land that belonged to his
grandfather by right of ancestry. It has nothing to do with the death of his
father or grandfather. Since birth, a grandson has had a portion of his
grandfather's estate. Each piece of property is further divided among the next
generations. For example, if the grandfather's father received 50% of the
inheritance, the grandchildren would each receive 25%.
Self-purchased real estate is a
self-acquired asset that is passed down through a will or succession rules. The
distribution of the property is determined by whether the deceased has left a
will or not. If there is no will, the grandfather's property rights will be
determined by the present law.
The variables that influence
grandchildren's inheritance rights differ depending on jurisdiction; however,
some common aspects include:
Will and
Estate Planning: If grandparents have drafted a will or trust, it may include
instructions on how their assets should be divided, including whether or not
grandchildren should inherit.
Probate Laws: If a grandparent passes
away without leaving a will, their property will be divided in accordance with
the laws of the state where they reside. Some jurisdictional laws prioritize
specific heirs above grandchildren, including spouses and children.
Adoption
Status:
Adopted grandkids may have different inheritance rights than their biological
counterparts.
Relationship
with the Deceased: The grandchild's relationship with the deceased may have an effect on
their entitlement to inherit. For instance, some jurisdictions have rules that
allow grandparents to disinherit their grandchildren if they are not related to
the dead.
Intestate
Succession Laws: Laws governing intestate succession will be used to disperse the
grandparent's estate if they pass away without leaving a will. These laws can favor
certain heirs over others and differ depending on the jurisdiction.
Ø The Supreme Court ruled in
the case of Commissioner of Wealth
Tax, Kanpur and others v. Chander Sen and Others (1986) that Class-I
heirs from an intestate can make their son an absolute owner of their property,
despite their son having no birthright. In the case of N. Ramachandran v.
E. Varadarajan and another (2007), the High Court of Madras held that
if two sons inherit a father's self-acquired property, the grandson has no
right in the property.
Blended Families: If the grandmother was a member of a blended
family that had offspring from many marriages, the grandchildren's inheritance
rights may be impacted.
IntroductionIn the realm of legal proceedings, quashing matters hold significant importance as they provide a pathway to challenge the legality, validity, or procedural correctness of an order, decision, read more
Introduction
In
the realm of legal proceedings, quashing matters hold significant importance as
they provide a pathway to challenge the legality, validity, or procedural
correctness of an order, decision, or proceeding. Nestled in the heart of
India's legal landscape, Bangalore boasts some of the finest legal minds in the
country. In this blog, we delve into the meticulous strategies employed by the
best lawyers in Bangalore when it comes to handling quashing matters at the
High Court.
Understanding
Quashing Matters
Quashing
a legal proceeding is not a mere legal maneuver; it's a nuanced art that
requires deep understanding and meticulous execution. The best high court lawyers
in Bangalore understand that quashing matters typically arise when there's a
fundamental legal flaw or procedural irregularity that warrants the
interference of the High Court. Whether it's a faulty investigation, violation
of natural justice, or an abuse of legal process, these matters demand a
strategic approach to attain a favourable outcome.
Top
Ten Strategies Employed by the High Court Lawyers
1. Thorough Case Analysis: Every quashing matter is unique, necessitating an
in-depth analysis of the case facts, evidence, and legal provisions. The lawyer
begins by scrutinizing the grounds for quashing, identifying legal defects, and
building a strong case foundation.
2. Legal Research: Legal precedents play a pivotal role in quashing matters. The lawyer
conducts exhaustive research to identify relevant judgments that support their
client's case. This research also helps in crafting a compelling legal
argument.
3. Crafting a Persuasive Argument: The crux of quashing matters lies in presenting a
persuasive argument that highlights the legality or procedural impropriety in
the lower court's decision. The lawyer strategically weaves together the facts,
legal provisions, and precedents to build a compelling narrative.
4. Document Preparation: The lawyer meticulously prepares all required
documents, including the writ petition, affidavits, and annexures. Attention to
detail is crucial, as any oversight could weaken the case. All necessary proofs
and evidences are built into weaving the right content to be presented in a
compelling way.
5. Building a Strong Affidavit: Often, an affidavit is the key to presenting the
client's perspective effectively. The lawyer assists in drafting a detailed and
accurate affidavit that presents the case's nuances compellingly.
6. Oral Arguments: A quashing matter's success often hinges on the lawyer's oral
argumentation skills during the court proceedings. The best lawyer in Bangalore
leverages their eloquence, legal acumen, and quick thinking to counter opposing
arguments and convince the bench.
7. Negotiation and Mediation: In some cases, pre-litigation negotiation or
mediation might be beneficial to reach an amicable resolution. The lawyer
guides their client through these processes, ensuring the best interests are
upheld. Especially in matters that are related to family disputes leading to
Divorce, if a criminal charge is pressed by the wife against the husband and
such a compromise arises, sets forth a ground to move to the high court to
quash the criminal proceedings seamlessly.
8. Collaboration with Experts: Depending on the nature of the quashing matter,
collaboration with subject-matter experts, investigators, or forensic
professionals might be necessary. The lawyer coordinates such collaborations to
strengthen the case.
9. Case Precedents: The best high court lawyer in Bangalore is well-versed in leveraging
relevant case precedents to establish legal points. These precedents provide a
solid foundation for the argument and enhance the chances of success.
10. Adaptability and Strategy Refinement: Quashing matters often involve unforeseen twists.
The lawyer remains adaptable and quick to adjust the strategy if new
developments arise, ensuring the case's integrity is maintained.
Conclusion
The
process of handling quashing matters at the High Court demands a unique blend
of legal acumen, strategic thinking, and attention to detail. The best lawyer
in Bangalore has mastered this art through a thorough understanding of the
legal landscape, a comprehensive approach to case analysis, and the ability to
craft persuasive arguments that resonate with the court. As clients seek
justice through the corridors of the High Court, they can find solace in
knowing that Bangalore's premier lawyer is at the helm, guiding them towards a
favourable resolution in their quashing matters.
Feel
free to write to us at mail@lawyersonia.com or call +91 9845944896 if you wish to
consult or discuss your matter. “Sonia and Partners” is a Boutique law firm led
by Adv. Sonia Rajesh supported by a team of qualified and among the Best
Lawyers in Bangalore practicing in the area of Family Law and Criminal defence
serving Citizens of India, Overseas Indians, NRIs and Global International
Clients.
1. The successful passage of Inter-Service Organization (Command and Control) Bill, 2023 by the Parliament in its last session is a major statutory step by the Union Government to make the theatre commands read more
1. The successful passage of
Inter-Service Organization (Command and Control) Bill, 2023 by the Parliament
in its last session is a major statutory step by the Union Government to make
the theatre commands effective1. The Bill after attaining the assent
of the President would formally become the law governing the above category of
military formations.
2. The statement of objects and
reasons related to the ISO Bill have indicated that its purpose is to
facilitate maintenance of proper discipline and proper discharge of their
duties by the service personnel. Further, care had been taken not to disturb
“the unique service conditions” or 'amending the service Acts'. Undoubtedly the
twin objective are laudatory. But does the new law appear capable to achieve
these?
3. The statement of objects and
reasons accompanying the Bill underline the need to empower heads of inter
service organizations to exercise effective discipline on all persons of the three
services. However, such a dream is unlikely to be attained because of peculiar
specific legal regimes of the Army, Navy and Air Force. Their lack of uniformity may
present dissimilar situations in tri-service context. To illustrate, only Army
has the system of Summary Court Martial. Navy Act carries sections allowing
their JAG to carry out a judicial review of the court’s martial verdict. Air
Force law does not provide for any of the above. Such variations may draw
protests and criticism in matters of conviction and award of sentences etc.
4. The proposed Act in its present
form calls for a revisit of a few glaring discrepancies and notable omissions.
To illustrate, Chief of Defence Staff has been included in the ‘definitions’
but his role, powers and functions etc. are not mentioned. Such a position is
contrary to the approach adopted in the Army Act. ‘Commander-in-Chief’, ‘Commanding Officer’ and ‘Officer in Command’ who all
have been defined in Section 3 of the Bill and their powers indicated in Sec
4(2), (5) and 8. Another difficulty is felt when the Bill speaks about key
terms like ‘command’, ‘control’, ‘discipline’, ‘joint services command’ and ‘force’
without defining them. Further, complication stands compounded by the use of
words like ‘actual command’ as appearing in ‘Sec 3 (1) (d). The likelihood of
such a position may result in a charge for an offence of ‘disobedience of a lawful
command’ running into a challenge by an accused and cannot be ruled out.
5. The President of India is the
Supreme Commander of the Armed Forces. As such, the exalted office of President
finds mention in the military law at a number of places like Section 18 of the
Army Act. However, the ISO Bill has completely left out any reference to the President.
6. The term ‘inter services
organization’ has been defined under Sec 2 (1) (g) of the Bill to mean a body
of troops including a joint services command consisting of persons subject to
the Air Force Act, Army Act or the Navy Act, as the case may be. This is an
inclusive definition. However, it appears baffling why the term ‘joint services
command (JSC) has remained undefined? By implication, a joint services command
is superior and a higher body than an ‘inter services organization’. This is so
because a JSC is commanded by a commander in chief (Sec 3(c) where as an ISO
would be under an ‘officer in Command (Sec 2(g).
7. The preamble to the Bill professes that it is meant to empower the Commander-in-chief or the officer in
Command of Inter services Organizations in respect of service personnel who are
subject to the Act Force Act, 1950, the Army Act 1950 and the Navy Act, 1957
who are serving under or attached to his command for the maintenance of
discipline and proper discharge of their duties and for matters connected therewith or incidental thereto. Viewed in that context, if any portion of the Bill
or a matter outside does not contribute to such empowerment, the same should
need a relook.
8. The service Acts contain specific
provisions about junior commissioned officers, warrant officers, petty
officers, non-commissioned officers and enrolled persons etc. These relate to mode
of their entry, privileges, service tenures, disciplinary sanctions and manner
of seeking reliefs etc. Strangely the ISO Bill has chosen to ignore them.
9. Another glaring omission is of services
chiefs like Chief of the Army Staff. Such an absence negates the provisions of
the Army Act releasing to redressal of grievances, grant of maintenance and
relief to a person of that service who is part of an inter service
organization. Who would exercise the powers of COAS and CNS in their cases?
10. COAS stands defined under Sec 3 (v)
of the Army Act. The term means the officer commanding the regular Army. COAS
has been vested with distinct powers under the statute. To illustrate,
dismissal or removal from service of any person other than an officer (Sec
20(2), reduction to a lower grade or rank or the ranks any warrant officer or
any non-commissioned officer (Sec 20 (2); decision on any complaint of any
aggrieved person other than officer (Sec 26), etc. are nowhere to be seen in
the ISO Bill. Hence, the authority of COAS may appear questionable with regard to relevant
aspects like control on tenure (Sec 20) redress of grievances (Sec 26),
specification under Sec 84, action as Superior Military Authority (Sec 88),
directions on C of (Sec 90) (h), Pay & allowances of prisoner of war (Sec
96), convening of GCM (Sec 109), and numerous other provisions2.
Where he so decides in writing, using his powers under Army Rule 184 he is vested with a power to order that the copies and statements forming part of a court of inquiring are
not to be furnished to person even though these may have a bearing on his character
or military reputation. Such a clause would, of course, be invoked in very
special circumstances e.g. national security.
11. Under the earlier scheme, COAS
had a distinct role with regard to the presiding of a General Court Martial (GCM)
or Summary General Court Martial (SGCM). He was not empowered to conform death
sentence which was within the domain of the Central Government. Further all
cases of sentence passed on officers of dismissal or higher and any sentence to
an officer holds or had held the rank of Colonel could be confirmed only by the
COAS. The ISO Bill does not contain any provisions in this regard. What then
would be the disposal of cases relating to ISOs? Their cases cannot be
forwarded to their service heads because superintendence of the ISO shall vest
in the Central Government. However, the law is silent as to whom would the
disciplinary matters travel beyond the Commander in Chief.
12. The persons affected by, or being
proceeded against, under above provisions shall stand deprived of requisite
scrutiny and/or relief by the COAS or at his office?
13. Two major short comings of the
new law are its incapacity to bolster a soldier’s self-respect and confidence. The
self-esteem would be hurt due to absence of inclusion of his status in the proposed Act. He
may carry a feeling of hurt and the confidence may take a downslide because of
absence of a right to seek remedy for relief even if he has reasons to harbor
genuine grievances. Whom would he turn to? Would it be the Chief of the service
to which he belongs (but doesn’t serve under) or to the theatre
commander (where the Chief of Defence Staff does not hold authority to provide
a redressal.)?
14. Two key legal tools helpful for
maintenance of discipline in the Army are courts of inquiry, which is meant to be utilized
for investigations and secondly courts martial that are convened for violators
of the stern military code. There are clear cut provisions in the service Acts
about composition of these two bodies mentioning the, eligibility and
disqualifications to serve as their members. Their powers are also duly
mentioned. However, the text of the proposed Act has not dealt with this issue.
Resultantly it would create doubts whether a matter relating to a mixed force
functioning under the ISO can be dealt by an all Army Court?
15. Usually all statutory
legislations carry rule making powers which are vested in the Government at the
Union, or the State, as the case may be. The specific reach and parameters of
such powers are also enumerated in Army Act Sec 191 (2). Ironically, the proposed Act
empowers the Central Government with such powers but does so without spelling
out contours of such authority by merely providing, “the central government may
make rules for the purposes of carrying out the provisions of this Act."
Such an imprecise working carries the potential of legal mischief or the risk of being held
ultra vires.
16. Despite the tri service
formations existing in India for over two decades, little has been done to
frame a Uniform Code of Military Justice. Such a code has been able to
effectively provide a common and seamless legal regime in the USA for three
wings of their defence forces who no longer carry separate legislations for
them.
17.
What are the pressing challenges at this juncture? The delay in disposal of pending disciplinary cases coupled with a substantial number of Armed Forces
decision being upturned by the Supreme Court underlines a need for a thorough
overhaul of military legal system. The figures about number of AFT decisions
upturned by the Supreme Court is also not insignificant. Such a state calls for
urgent measures to reform military legal system, particularly having regard to noticeable higher
number of suicide cases on one hand and reports of military’s high handedness
in the cases pertaining to areas where provisions of Armed Forces (Special
Powers) Act stand invoked.
1The Bill was passed by the Lok Sabha on 4 Aug 2023 and by the Rajya
Sabha on 8 Aug 2023
2Sections
109, 112, 162, 164, 165 and 182.
Mumbai, India
Thane, India
Kolkata, India
Ranchi, India
DAYS
HOURS
MINUTES
SECONDS
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"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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