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advocatepankajsbajaj@gmail.com
8261977372
Mumbai, India
Indirect Taxes/GST/VATPolice ActionIntellectual PropertyAdoni, India
Contracts — legally-binding agreements between people or business entities — serve as the foundation of business as well as many social interactions. There is a well-established body of law regarding read more
Contracts — legally-binding agreements between people or business entities — serve as the foundation of business as well as many social interactions. There is a well-established body of law regarding the creation and enforcement of contracts. For example, when one party to a #contract fails to live up to contract promises, it is termed a breach, or breach of contract.
To read more, please visit the link below:
http://www.theindianlawyer.in/blog/2020/09/12/how-to-write-a-breach-of-contract-clause/
#breachofcontract #contract #breach #agreement #contract
The Supreme Court has in a recent matter of Mukesh Singh vs State (Narcotic Branch of Delhi) passed a Judgment dated 31-08-2020 and made the following observations regarding whether the accused is entitled read more
The Supreme Court has in a recent matter of Mukesh Singh vs State (Narcotic Branch of Delhi) passed a Judgment dated 31-08-2020 and made the following observations regarding whether the accused is entitled to acquittal merely on the ground that the investigating officer himself is the complainant under the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act):
To read more, please visit the link below:
#complainant #investigation #police #narcotics #supremecourt
Introduction“Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.” To analyse the essence of the above statement, let us focus on read more
Recently, in Prashant Bhushan Contempt of Court case, the Supreme Court of India has held the senior advocate Prashant Bhushan as guilty of Contempt of Court for condemning the judiciary in his two read more
Recently,
in Prashant Bhushan Contempt of Court case, the Supreme Court of India has held
the senior advocate Prashant Bhushan as guilty of Contempt of Court for
condemning the judiciary in his two tweets.
In
Bhushan’s first tweet, he gave an opinion on the role of the last 4 CJI (Chief
Justice of India) with regards to the situation in the country. His second
tweet is related to an image of present Chief Justice S A Bobde in which he is
sitting on an expensive motorcycle.
These
two tweets were considered as Contempt of Court by Supreme Court. The issue was
heard by a Bench of 3 judges consisting Justice
Arun Mishra, Justice B R Gavai and Justice Krishna Murari and the verdict
was reserved by the court on August 25, 2020 when Senior Advocate Dushyant Dave
had contended finally.
Contempt of Court Act, 1971
According
to Section 2 of Contempt of Court Act, there are two kinds of Contempt i.e.
CIVIL and CRIMINAL.
Civil
Contempt has been characterized as intentional non-compliance to any order,
verdict, judgement, writ or other process of court.
Criminal
Contempt has been characterized as the publication of any issue or doing any
act regardless of whether by words, written or spoken, or by signs or by
visible representation which scandalizes or tends to scandalize or lowers or
tends to lower the authority of any court, or interferes or tends to interfere
in the Administration of Justice.
The
SC and HC of India have the right to punish for contempt of court, either with
imprisonment for a term of 6 months or with fine upto two thousand or with
both.
Court’s Judgement
The
SC of India in its judgement imposed Re1 fine on Prasant Bhushan in contempt
case against him and also says that, the imprisonment and debarring from
practice will produce effect only if Prashant doesn’t pay fine by September 15,
2020. If he doesn’t pay Re1 by September 15, he should go through imprisonment
for 3 months & be suspended from practice for 3 years.
Conclusion
The
Contempt of Court provision is important to maintain the Supremacy of Judiciary
in the eye of people. In the absence of this provision, people will start
disobeying the Court decisions fearlessly. The lack of this provision may also
damage the powerful image of the judiciary among the citizens of India.
However, the expression “Scandalizing the Court” has not been defined clearly
and there is a need of provisions which properly define the expression.
On the other hand, the Right to Speech and Expression is fundamental right guaranteed by the Indian Constitution itself. In my point of view, there must be a harmony between the right to speech and the court’s power to punish its criticism. However. The Right to Freedom of Speech and Expression must be talked about more expressly. In a free market each and every wing of the State must be available to public criticism and open analysis. The Judiciary cannot carve an extraordinary status for itself because in India each wing of the state is equal and separate.
In the case of M/s. L. R. Brothers Indo Flora Ltd. v. Commissioner of Central Excise (Civil Appeal No. 7157 of 2008), the Hon’ble Supreme Court of India, vide Judgment dated 01.09.2020 held that for a read more
In the case of M/s. L. R. Brothers Indo Flora Ltd. v. Commissioner of Central Excise (Civil Appeal No. 7157 of 2008), the Hon’ble Supreme Court of India, vide Judgment dated 01.09.2020 held that for a #notification to apply #retrospectively, it must be established that the previous notification had any omission, mistake or error in it and as a result, the #amended notification has been passed to rectify the said mistake.
To read more, please visit the link below:
#supremecourt #retrospective #legislation #notification #amendment
A Three Judge Bench of the #SupremeCourt comprising of Justices Arun Mishra, Vineet Saran and S. Ravindra Bhat passed a Judgment dated September 1, 2020 in the case of The Designated Authority & Ors. read more
A Three Judge Bench of the #SupremeCourt comprising of Justices Arun Mishra, Vineet Saran and S. Ravindra Bhat passed a Judgment dated September 1, 2020 in the case of The Designated Authority & Ors. v. M/S The Andhra Petrochemicals Limited and held that levy of #antidumping #duty can only be for a limited #duration and not for later periods.
To read more, please visit the link below:
#antidumping #duty #limitedperiod #supremecourt
The Supreme Court has in a recent case of Karad Urban Cooperative Bank Ltd vs Swwapnil Bhingardevay and Others passed a Judgment dated 04-09-2020 and reiterated that once the #committeeofcreditors have read more
The Supreme Court has in a recent case of Karad Urban Cooperative Bank Ltd vs Swwapnil Bhingardevay and Others passed a Judgment dated 04-09-2020 and reiterated that once the #committeeofcreditors have approved a #resolutionplan, the #corporatedebtor cannot raise dispute/issue in that regard except in certain circumstances.
To read more, please visit the link below:
#resolutionplan #committeeofcreditors #corporatedebtor #financialcreditor #nclt #nclat #supremecourt
WHAT IS DOMESTIC VIOLENCE?Domestic Violence, which is also known as Intimate Partner Violence, Domestic Abuse, Dating Violence and Intimate Partner Abuse, is a type of violence committed by someone in read more
WHAT IS DOMESTIC VIOLENCE?
Domestic
Violence, which is also known as Intimate Partner Violence, Domestic Abuse,
Dating Violence and Intimate Partner Abuse, is a type of violence committed by
someone in the victim’s domestic circle. This incorporates partners &
ex-partners, family members, close relatives and family friends.
The
term “Domestic Violence” is used when there is a close relationship between the
victim & the offender. Usually, there is a power gap between victim and the
offender. Domestic Violence is a major Public Health Issue in that it affects a
large number of individuals and many time results in physical, mental and
economical injuries & even deaths.
WHAT
CONSTITUTES DOMESTIC VIOLENCE
Section- 3 of the Domestic Violence
Act, 2005 says that what comprises Domestic Violence as
indicated by which Domestic Violence will include: -
(a)
Threats to Life, Health & Safety etc., whether Physical or Mental,
incorporating Sexual Abuse, Physical Abuse, Verbal and Emotional Abuse and
Economic Abuse, or
(b)
Harassment through any forms such as injuries, harms to the aggrieved person by
coercing her or any other person related to any unlawful demand for dowry or
other property or valuable security; or
(c)
Otherwise injuring or causing harm, through Mental or Physical means to the
Aggrieved Person.
AGAINST
WHOM DOMESTIC VIOLENCE CAN BE FILED
In
the current day situation, complaint can be lodged against any Adult Male
Member who is in a Domestic Relationship with the aggrieved person and against
whom the aggrieved person has sought any relief under this Act including the
other members of the family, for example, Father-In-Law, Mother-In-Law,
Brother-In-Law etc. or any relative of the male partner.
· Physical Abuse: It
include any sort of violent conduct inflicted on the victim (Slapping, biting,
beating, hitting, kicking, etc.) It also includes forcing someone to use
Alcohol / Drug and denying someone’s medical treatment.
· Sexual Abuse:
It happens when the abuser forcefully try to make physical contact with victim
without his/her consent. This mostly takes the form of Marital Rape, Physical
Violence followed by sex, attacks on the sexual parts of the body.
· Emotional Abuse: It
implies discrediting or emptying the victim’s sense of Self-Esteem. Emotional
abuse also includes constant humiliation, insults, threats of harm, belittling,
threats to take away children.
· Economic Abuse:
It happens when the abuser makes or attempts to make the victim financially
reliant.
· Technological Abuse:
It incorporates the utilization of technology to hold and control a partner.
PUNISHMENT
AGAINST DOMESTIC VIOLENCE
DOMESTIC
VIOLENCE and DOWRY DEATH are pervasive in India. Also, I mean it's everywhere.
We as a whole know about individuals in our families or among our companions
who have eventually confronted Domestic violence, or have executed it. But how
often have we looked away and done nothing because we don’t have any idea what
to do?
There
are several Laws in India which directly deals with the protection of married
women from her partner and her partner’s family.
[1] -Protection of Women against Domestic Violence Act, 2005
This is an act of the Indian Parliament enacted to
protect women from Domestic Violence. It prohibits a wide range of Physical,
Sexual, Emotional & Economical abuse against women and all these are broadly
defined under the Act. It provides security to women in a family from men in a
family. The extent of the Act covers not only the protection of women who are
married to men but also women who are in Live-in-relationship, just as family
members including Grandmothers, Mothers, etc. A women has right to be liberated
from any type of violence under this Act. Under this law, women can look for
security against Domestic Violence, Financial Compensation, Right to live in
their mutual house and they can get maintenance from their abuser in case they
are living separated.
This law is to guarantee that women don’t get kicked
out of their own house and can support themselves if they have been abused. It
also ensure the protection of women from their abusers.
[2]- Section 498A of the IPC (Indian Penal Code)
This is a Criminal Law, which applies to husbands or
family members of husband who are merciless to women. Under Section 498A of
the IPC, harassment for Dowry by the family members of the husband or by
husband is recognized as a Crime. This harassment can be of any type either
Physical or Mental. Despite the fact that Marital Rape isn’t considered as a
Crime in India, forced sex with one’s wife can be viewed as Cruelty under this
Section. Section 498A has a vast scope. It also includes any and all
intentional behaviours against a women which force the women to attempt suicide
or risk to life or grave injury or risk to limb or overall health. Here, health
incorporates the physical and mental health of the women.
This is a Criminal Law that punishes the giving and
taking of Dowry. The tradition of dowry itself is banned under the Dowry
Prohibition Act, 1961. According to this law, gives, takes or even demands
dowry, they can be imprisoned for a half year (i.e. for 6 months) or they can
be fined upto Five Thousand Rupees.
CONCLUSION
Domestic Violence increases rapidly day by day
specially in Lockdown. It is one of the most appalling kind of harassment
endured by the women in our surrounding today and we are not raising our voice
against this violence seriously. All the laws are left in the papers only and
reality is apart from this. Survey shows that maximum percentage of victims of
Domestic Violence are female but men are also suffering from this problem. We
are not raising our voice seriously because we thought we are safe but we are
wrong because Domestic Violence can take places with anyone, despite the fact
of race, religion, creed or caste. If the problem of Domestic Violence is not
dealt with adequately, this kind of abuse will keep on existing in all classes
of society without an end. So, as a citizen and young generation of India, we
have to stand together and make strict laws to protect the victims of Domestic
Violence.
REFERENCE
[1]- www.thenewsminute.com
[2]- http://www.legalserviceindia.com
[3]- www.shethepeople.tv
[4]- www.lawfarm.in
Last week's two-page order from the Arizona Supreme Court reads as simple as any regular court order, but its effect is likely to change the practise of law and the access to justice. The order of the read more
Last
week's two-page order from the Arizona Supreme Court reads as simple as any
regular court order, but its effect is likely to change the practise of law and
the access to justice. The order of the court released in August 27,2020
removes the ban on non-lawyers having economic interests in law firms and the
ban on the sharing of legal fees between non-lawyers and lawyers. With this,
Arizona becomes the first state to eliminate Rule 5.4 of the Rules of
Professional Conduct.
This
Order also allows the licensing of non-lawyers as "legal paraprofessionals" with the authority to offer
restricted legal or judicial services to the public, including the
representation of clients in court. Although the order, which will come into
force from 1 January 2021, gave very less indication towards its importance,
the court was less guarded in its statement announcing the decision, describing
its move as a far-reaching reform that could transform public access to legal
services.
Chief
Justice, Robert Brutinel said that the main objective of the court will be to
improve the approach of justice and also to encourage new inventions in
distributing of legal services. Court should adopt a task force for the people
to access more legal services and also to gain more legal knowledge and advice.
The task force to which he referred is the task force on the provision of legal
services, which issued its report last October calling for fundamental changes
to the regulation of legal services. With regard to the removal of a
prohibition banning lawyers and non-lawyers from co-owning companies engaged in
the practise of law, the Task Force reported that the prohibition was not based
on public safety but totally on protection of economy.
According
to the report, the law profession cannot continue to pretend that lawyers
operate in a vacuum, are surrounded and supported only by other lawyers, or
that lawyers practise law in a hierarchy in which only lawyers should be
owners. Non-lawyers are the people who can help the lawyers in giving more
appropriate legal services and also can bring innovative skills.
Following Utah’s changes -
The order of the Arizona Supreme Court comes just two weeks after the approval by the Utah Supreme Court of sweeping reforms to the control of legal services in that state. Utah's move established a two-year test of a regulatory sandbox — a regulatory body under the jurisdiction of the Supreme Court, to be named the Office of Legal Services Innovation, which is responsible for licencing and regulating new types of legal service providers. The Utah Court argued that these changes would allow individuals and entities to explore creative ways of enabling lawyers and non-lawyers to practise law in a secure manner and to reduce restrictions on how lawyers market and promote their services. In offering a forum for non-traditional legal service providers, the Utah pilot requires non-lawyer investment or ownership organisations. But it does not eliminate the ban on non-lawyer ownership outside the sandbox.
Arizona’s further orders –
The Arizona order goes further, completely eliminating the professional conduct rule 5.4, which prohibits non-lawyers from sharing legal fees or having an economic interest in a law firm. It introduces a separate class of approved professionals, "alternative business models," which would have to be certified by the court.
With
regard to the proposed licencing scheme for legal paraprofessionals (referred
to by the task force as a restricted licence for legal technicians), the court
said that they will be a legal structure comparable to a nurse practitioner in
the medical sector.
The
conception that the task force responsible for recommending amendments to the regulation was that lawyers had an ethical duty to guarantee that legal
services are accessible to the public and that if the laws get in the way of
making such services available, the laws could change.
Government of India today through Ministry of Electronics & IT decided to ban 118 more apps after banning previously various apps including TikTok etc, in,light of the facts that these apps are engaged read more
Government of India today through Ministry of Electronics & IT decided to ban 118 more apps after banning previously various apps including TikTok etc, in,light of the facts that these apps are engaged in activities which detrimental to "sovereignty and integrity of India, defense of India, security of state and public order."
In the today's list of apps to be banned, various game apps especially PUBG is also included. The detail list of the 118 apps to be banned as per the Press Release dated 02 SEP 2020 are as follows:
Altusried, Germany
Navi Mumbai, India
Asansol, India
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S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
YOU HAVE AGREED TO THIS TRANSACTION TERMS BY CLICKING THE AGREE BUTTON