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The legal profession swears by the maxim, “verba volant, scripta manent” which means spoken words fly away, written words remain. It is important to learn drafting and pleadings because the entire case read more
The legal profession swears by the maxim, “verba volant, scripta manent” which means spoken words fly away, written words remain.
It is important to learn drafting and pleadings because the entire case depends upon your drafting and pleading. We can say that more than oral arguments drafting is important because ultimately the court will order according to what is written or drafted and not according to the oral arguments. Definitely oral arguments leave an impact but the foundation of any case is drafting and pleadings as it is the most important way of legal communication.
Moreover a well drafted document can play an important role as it can make or break a case. Also the legal documentation such as legal notice, will, agreements, contracts etc. must be well drafted in order to secure a person. Any loopholes in such drafts can lead to dire consequences and therefore we will be discussing about the same in detail in sessions.
Further pleadings also help you prepare your case stronger than ever. Or any loophole in will ruin the case for higher courts. Pleadings are completed in district courts only. Pleadings once completed becomes difficult to amend and amendment of pleading adversely affect your case.
So we are bringing a workshop for you to learn drafting and pleading
within 7 days. You may check out the link below for more information.
www.soolegal.com/learn-civil-criminal-drafting-pleadings-in-7-days
Direct Register for this 7 days session to learn drafting and pleadings- https://www.soolegal.com/event-registration/186
To know more about the course please click on the https://www.youtube.com/watch?v=hMLcPmTZlmE to watch Adv Kanika's video explaining the details of the course
-Gunjan Chhabra[1] India has, since a long time given precedence to Caveat Venditor (Seller Beware) over the ancient maxim of Caveat Emptor (Buyer Beware), with the recognition of various consumer read more
-Gunjan Chhabra[1]
India has, since a long time given precedence to Caveat Venditor (Seller Beware) over the ancient maxim of Caveat Emptor (Buyer Beware), with the recognition of various consumer rights enshrined in the Consumer Protection Act, 1986 (“old Act”). However, with the passage of time, the old Act became a little out-dated in respect of certain new kinds of transactions. Over the past several years, the landscape of consumer rights as also transactions have seen a huge shift, in view of which newer provisions of law were much required to recognize rights and remedies available to consumers.
With this motive, the Consumer Protection Act, 2019 (“new Act”) has been enforced with effect from 20.07.2020. As can be witnessed from the insertion of more than 70 new sections in the Act in comparison to the previous one, pervasive changes have been brought about. Government of India has also brought into effect the new Consumer Protection (E- commerce) Rules, 2020 under the new Act. This article analyses the major modifications brought in by the new Act.
New Regime for Online Transactions
The new Act has been made, giving specific attention to the advent of the internet, online transactions and e-commerce model of transactions. A specific explanation has been added in the new Act, where the meaning of “buys any goods”, has been expanded to include online transactions[2]. The new Act empowers the Central Government to take measures to prevent unfair trade practices in the domain of e-commerce[3] and the Central Government has in fact brought into effect the new Consumer Protection (E-Commerce) Rules, 2020 also on 20.07.2020. These rules cover the selling of goods and services including digital products over digital or electronic networks. Every e-commerce entity is required to provide specific information relating to return of goods, refund, exchange, warranty and guarantee, delivery and shipment, modes of payment, grievance redressal mechanism, payment modes and also security of payment modes.
New Concept of Product Liability
The new Act now introduces the concept of product liability[4]. This new introduction now allows consumers to file complaints against the product manufacturer, product seller or service provider of a product, for compensation owing to any harm caused due to a defective product. New definition of product manufacturer now also includes a person selling the product, thus imposing an additional liability on not only the manufacturer but also the seller. By virtue of Chapter VI, the National Commission as well as the State Commission have now been empowered to hear complaints for product liability actions[5]. Of course, just exceptions have been introduced such as when a product is misused, altered or modified or used under the influence of a drug/alcohol not prescribed by a medical professional.
Specific Inclusion of Home Buyers
Although various case laws were already existing on the recognition of rights of Home buyers, the new Act expressly includes the rights of Home Buyers. It includes persons engaged in the sale of constructed or under construction houses or flats under the definition of Product Seller[6]. Thus, sale of houses and flats can now be looked at, from the prism of Product Liability as provided for, under the regime of the new Act. Apart from this, as before, the new Act is not applicable to immovable property.
Establishment of Central Consumer Protection Council, Central Consumer Protection Authority and Monitoring Cell
The new Act provides for establishment of Consumer Protection Council at Central level. This authority will prevent abuse of consumer by promoting rights of consumer, preventing unfair trade practice, stopping false or misleading advertisement and other steps for protection of consumer’s right.[7]
Chapter III of the new Act provides for the establishment of new Central Authority, termed as Central Consumer Protection Authority. Its main objective is to regulate matters relating to violation of rights of consumers, unfair trade practice and other matters. Its function is to promote and protect consumer rights and to prevent other activities which would lead to violation of consumers rights.
On reference made to District Collector by the Central Authority, District collector may inquire or investigate complaints regarding violation of consumer rights or in others matter. This authority also has the power to recall goods if they find that such goods will be dangerous, hazardous or unsafe.
Any person aggrieved by the order of the authority can file an appeal which will lie to the National Commission.[8]
Similarly, a monitoring cell has also been constituted by the President of the National Commission, whose function shall be to oversee the State Commission’s functioning from the administrative point of view[9].
Change in Pecuniary Jurisdiction
Earlier District Forum had authority to adjudicate upon the matters with value less than Rs. 20 Lakh.[10] This has now been changed to matters with values less than Rs. 1 Crore. Similarly, for State Commission, it was more than Rs. 20 lakhs and less that Rs. 1 Crore[11] under the old Act, which has been increased to matters with value more than Rs. 1 Crore but less than Rs. 10 Crore as per the new Act. Further the National Commission, which earlier had authority to entertain those matters whose value was more than Rs. 1 crore[12] under the old Act, now entertains matters with value more than Rs. 10 Crores as per the new Act[13].
Expansion in Territorial Jurisdiction
Under the old Act, a complaint could lie where cause of action arose or where respondents reside.[14] Now in addition to previous position of law with regard to jurisdiction, complaint can be also filed where complainant resides or personally works for gain.[15] This has been done solely for the convenience of the consumer, especially owing to the fact that consumers usually are in a place of relatively lesser bargaining power.
Introduction of Offences and Penalties
Under the old Act there were no provision for declaration of any acts to be offences or the provision for penalties thereof. Now, under the new Act if a person does not comply with the order of Central Authority then he will be imprisoned for 6 months or have to bear a fine which may extend to Rs. Twenty lakhs.[16]
Additionally, punishment for other activities has been provided which includes misleading advertisement, manufacturing for sale or for storing or distributing or importing of spurious good or of products containing adulterant.[17]
Similarly, under the old Act if a person did not comply with the order of State Commission, he/she would have to pay fine ranging from two thousand to ten thousand rupees. Now even that fine limit has been increased from twenty-five thousand to one lakh rupees[18].
Introduction of new concept of “Unfair Contract”
The new Act has brought in the concept of an “Unfair Contract”. A Contract which has onerous terms like allowing one party to terminate contract unilaterally without reasonable reason or imposing unreasonable charge on the consumer have been termed as Unfair Contract under the new Act.[19] A Complaint can be filed under the new Act for adoption of Unfair Contract by a trader or service provider[20].
The National Commission and State Commission have been empowered to entertain complaints with regard to Unfair Contracts and to declare any terms of contract as null and void, if they find such term unfair to customer.[21]
Expansion of the definition of Unfair Trade Practices
Another method by way of which extensive protection has been afforded to consumers is by expanding the definition of Unfair Trade Practices under the new Act. Activities such as failure to issue cash memo, not taking back the defective sold goods, providing personal information of consumer to others etc. are now included in the definition of Unfair Trade Practices also[22]. In effect data protection is finding place in the new Act.
Second Appeal from Orders of District Commissions
Under the old Act, if an order was passed by the District forum, and an appeal had been filed before State Commission, thereafter no second appeal lied to the National Commission, from an Order passed by the State Commission under such an Order. Only revisional jurisdiction could be exercised by National Commission[23] in such cases. However, now the provision for a second appeal has been introduced from the order of the State Commission passed in an Appeal from the Order of the District Commission, provided that a substantial question of law is involved[24].
Mediation
There seems to be a major push to mediation under the new Act. An entire Chapter V has been added in the new Act to provide detailed provisions with regard to appointment of mediators, duties of mediators and the procedure of mediation to be followed.
There will be Consumer Mediation Cell attached to each DCDRC, State Commission and National Commission.
All three forums, DCDRC, State Commission and National Commission have authority refer disputes to mediation[25] and to nominate mediator from the panel of the mediators.
An additional push has been provided to mediation by providing that no appeals would lie, in case a matter is resolved by mediation. This surely seems to be a measure to encourage out of court settlements, and to possibly reduce burden on Courts while ensuring amicable resolution of disputes can be achieved.
Recognition of Advertisement and Misleading Advertisement
While the old Act was completely silent about these aspects, in the new Act, Section 2 (1) & Section 2 (28) have been introduced which define Advertisement and Misleading Advertisement respectively. This should further increase liability of manufacturers, sellers and service providers as also celebrities endorsing brands, regarding their obligations of honest advertisement. Seems to be a much-needed step in the right direction.
Investigating Powers of the National Commission
The National Commission has now been given the authority to investigate into allegations against the President and members of the State Commission[26].
Some other Important Changes
Apart from the changes brought about by the new Act as mentioned hereinabove several other changes have been made. Besides expanding the definition of consumers to include those buying goods or services through online transactions[27], individuals have specifically included within the definition of a person[28] who is a consumer. Further, now even minors can be complainants in case he is a consumer, the only requirement being that he will need to be represented by his parent or legal guardian[29].
The District Consumer Disputes Redressal Forum has been renamed to District Consumer Disputes Redressal Commission (DCDRC) and it has been provided that there can be more than one DCDRC in one district. The time limit for filing appeals from District Forums order to the State Commission has been increased from 30 days[30] to 45 days from the date of the order.[31]
Additionally, the appointment of experts has been expressly provided for in the new Act. National Commission or State Commission may ask for the assistance from Individual or organizations in cases where large interest of consumers is involved.[32]
Further, more authority has now been given to Consumer Fora by express provision whereby Orders passed by National Commission, State Commission or District Commission will be enforced as decree of civil court.[33]
Denouement
To conclude it may be said that the new Act has not only brought in some much-required changes and codified certain laws established by legislations, but have also taken pro-active measures to strengthen the consumer protection laws of the country. With the new Act, consumers are afforded much more protection by plugging in various gaps and addressing many gray areas, and at the same time, manufacturers, sellers and service providers need to be much more vigilant before taking consumers for a ride. All in all, the new Act seems to be a much-needed step in the right direction and is in fact quite commendable.
We have also prepared a comparative tabular compilation of the old Act vs. the new Act, which can be accessed here.
[1] Working with Adwitya Legal LLP, as their Partner, Arbitration & Dispute Resolution, email: gunjan@adwlegal.co.in, Grateful to Mr. Akash Kishore, who is currently interning with Adwitya Legal LLP, for his research inputs.
[2] Section 2 (7) Explanation (b)- The Consumer Protection Act, 2019
[3] Section 94 – The Consumer Protection Act, 2019
[4] Section 2 (33) , The Consumer Protection Act, 2019.
[5] Section 2 (34), Section 2(35), Section 39 and Chapter V- The Consumer Protection Act, 2019.
[6] Section 2 (37) , The Consumer Protection Act, 2019.
[7] Chapter III- The Consumer Protection Act, 2019
[8] Chapter III- The Consumer Protection Act, 2019
[9] Section 70 (2)- The Consumer Protection Act, 2019
[10] Section 11(1)- The Consumer Protection Act, 1986
[11] Section 17(a) (i)- The Consumer Protection Act, 1986
[12] Section 21(a) (i)- The Consumer Protection Act, 1986
[13] Section 34(1), Section 47(1) (a) (i), Section 58(1) (a) (i)- The Consumer Protection Act, 2019.
[14] Section 34 (2) The Consumer Protection Act, 1986
[15] Section 34 (2) (d)- The Consumer Protection Act, 2019.
[16] Section 88- The Consumer Protection Act, 2019
[17] Section 89 & Section 90 & Section 91- The Consumer Protection Act, 2019
[18] Section 72- The Consumer Protection Act, 2019
[19] Section 2 (46) - The Consumer Protection Act, 2019.
[20] Section 2 (6) (i)- The Consumer Protection Act, 2019.
[21] Section 49 (2), Section 59 (2)- The Consumer Protection Act, 2019
[22] Section 2 (47) (vii) - The Consumer Protection Act, 2019.
[23] Section 21- The Consumer Protection Act, 1986
[24] Section 51 (2)- The Consumer Protection Act, 1986
[25] Section 28 r/w Section 37(1), Chapter V -The Consumer Protection Act, 2019
[26] Section 70 (1)(b)- The Consumer Protection Act, 2019
[27] Section 2 (7) Explanation (b)- The Consumer Protection Act, 2019
[28] Section 2 (31) (i)- The Consumer Protection Act, 2019
[29] Section 2 (5)- The Consumer Protection Act, 2019
[30] Section 19- The Consumer Protection Act, 1986
[31] Section 41- The Consumer Protection Act, 2019
[32] Section 66- The Consumer Protection Act, 2019
[33] Section 71- The Consumer Protection Act, 2019
In its five years of implementation, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, has provided fascinating insights into how Indian workplaces manage, read more
In its five years of implementation, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, has provided fascinating insights into how Indian workplaces manage, control, and often ignore gender-based conflicts. This relatively new piece of legislation has ample room for improvement. Like any other law, its jargonistic text does not allow for everyone to understand all the layers of its intent and application in various scenarios in real-life situations. As the adoption of the law and its guidelines increase, so does the opportunity to have a better understanding of its various provisions.
In this article, I have put together 11 important judgments that have provided clarity on the intent and aspects of this law that every Committee and Employer must comply with:
When Court clarified that not all physical forms of contact from a man towards a woman can be construed as sexual harassment. It went on further to state that it is crucial to gauge the undertone and intent of sexual nature to qualify a physical contact/advance as sexual harassment (in comparison with mere harassment). Read further on Shanta Kumar v. Council of Scientific and Industrial Research (CDIR) & Ors, Delhi High Court ((2018) 156 FLR 719)
When Court clarified that a verbal statement from a man towards a woman with a negative undertone alone cannot suffice as a complaint of sexual harassment. It further stated that if such complaints are entertained by the Committee then it will be difficult for performance reviews to happen fairly and eventually between a male supervisor and his female colleagues. Read further on K.P. Anil Rajagopal v. State of
Kerela, Kerela High Court ((2018) 1 KLJ 106)
When the Court stated that sexual harassment at the workplace can also mean a hostile and oppressive work environment for a woman employee when power and authority from a male member of the organization are being used to force her to accompany him on his outstation travels and late-night meetings. Read further on Gaurav Jain v. Hindustan Latex Family Planning Promotion Trust and Ors. (2015 SCC OnLine Del 11026)
When the Court clarified that a Committee can initiate an investigation on the basis of a complaint forwarded/received by other sources of authority as long as the Complainant agrees to take the matter forward with them. Read further on Shital Prasad Sharma v. State of Rajasthan and Ors. (2018 SCC OnLine Raj 1676)
When the Court clarified that a Committee must not halt or end its investigation if the Complainant chooses to initiate parallel proceedings with any other forum for redressal. The Committee has to independently conduct its investigation as per the due process of the law. Read further on Sarita Verma v. New Delhi Municipal Corporation & Ors, (2016 LLR 785 (2))
When the Court provided further clarity on the qualification of the External Member of a Committee and the qualifications of the internal members from the organization. It stated that an external member is not qualified by a degree of belonging to a profession or an organization working in a related field but must possess expertise in the field of workplace sexual harassment. Read further on Ruchika Singh Chhabra v. Air France India and Anr. (2018 SCC Online Del 9340)
When the Court provided clarity on the approach towards preliminary inquiry and formal investigation. Several Internal Committee upon receipt of a complaint does not take note of various guidelines of the investigation such as documentation, quorum, timeliness, confidentiality and more. The Court through this judgment stated that the preliminary inquiry must follow all the guidelines of the formal investigation. Read further on Sibu v. Air India Limited, ((2016) 2 KLJ 434)
When the Court emphasized the importance of adherence to principles of natural justice – being applicable to both parties (Complainant and Respondent). At times Committee members become biased and extend a partial and biased behavior towards a specific party. Under this, cross-examination is a right provided to both parties and committees must ensure adherence to this. Read further on Avinash Mishra v Union of India (Delhi High Court, 2014 (215) DLT 714)
When the Court upheld the misuse of the rights provided to women under this law and levied a fine of INR 50,000 on the Complainant for filing a false complaint. A very important element provided in the law to ensure the prevention of misuse under this law. Several organizations fail to educate their employees on this and various Internal Committees do not initiate investigations when they conclude a frivolous complaint. Read further on Anita Suresh vs. Union of India & Ors in W.P.(C) 5114/2015
When the Court provided clarity on the importance of a detailed Final Report prepared by the Committee members. It further stated that a Committee’s report should not contain mere decisions of the members in the investigation but must also provide the basis and rationale for the same. Read further on Ashok Kumar Singh v. University of Delhi (Delhi High Court WP 7371 of 2016)
When the Court provided clarity on maintaining the impartial and unbiased investigation approach during the proceedings. It further stated that individual members of the Committee investigating a certain matter if and when are under the supervision or direct authority of either of the parties, an impartial and fair investigation is difficult to achieve. Read further on M. Rajendran v. Daisyrani and Others ((2018) 3 MLJ 84)
Judgments provide clarity on how the intent of different laws should be upheld and interpreted in different scenarios. In the past six years and more, there are some crucial judgments that have done the same for POSH Act, 2013. While we do ensure that our client organizations are updated on their compliance activities, our 5 weeks certificate program is designed to ensure that industry practitioners and IC members are equipped with the same. Join us as we cover 25+ crucial judgments under POSH Act, 2013.
(The above article is written by Pallavi Pareek, Founder and Managing Partner at UNGENDER Advisory. This article was originally published on www.ungender.in and has been republished here for the audience).
The Three-Judge Bench of the Supreme Court has in a recent case of Government of India vs Vedanta Ltd and Others., passed a Judgment dated 16-09-2020 and reaffirmed the law governing #recognition and read more
The Three-Judge Bench of the Supreme Court has in a recent case of Government of India vs Vedanta Ltd and Others., passed a Judgment dated 16-09-2020 and reaffirmed the law governing #recognition and #enforcement of #foreignawards in India.
To read more, please visit the link below:
#supremecourt #recognition #enforcement #execution #award #foreignaward #arbitration
The three Judges Bench of the Supreme Court in the case of Trustees of H.C. Dhanda Trust v. State of Madhya Pradesh & Ors. [Civil Appeal Nos. 3195-319 6 of 2020], vide its Judgment dated 17.09.2020 read more
The three Judges Bench of the Supreme Court in the case of Trustees of H.C. Dhanda Trust v. State of Madhya Pradesh & Ors. [Civil Appeal Nos. 3195-319 6 of 2020], vide its Judgment dated 17.09.2020 modified the Order of the Collector of Stamps that imposed a penalty which was 10 (Ten) times of deficient #stampduty.
To read more, please visit the link below:
#stampduty #penalty #supremecourt #deficient
Analysis of Death Penalty in India: An overviewDeath Penalty or a Death Sentence refers to a punishment given to an offender by a court of law for committing a grievous offence. The key ingredient of read more
Analysis of
Death Penalty in India: An overview
Death
Penalty or a Death Sentence refers to a punishment given to an offender by a
court of law for committing a grievous offence. The key ingredient of Death
Penalty is that it must be awarded in accordance with law by a competent court
and it should not be confused with extra-judicial killings. The provision for
Death Penalty is envisaged in Section-53 of the Indian
Penal Code 1860. Indian laws award death penalty for various offences
such as Criminal Conspiracy (Section-120B), waging or attempting to
wage war against Government of India (Section-121),
Dacoity with murder (Section-396) and murder (Section-302).
Many
states around the world have abolished the death penalty by stating that it was
unconstitutional. In India the penalty is still awarded on a ‘rarest of rare’ basis and is conducted
by hanging the accused till death. There is no definition of ‘rarest of rare’ but the Supreme Court of
India has said that it refers to the commission of a grievous offence that too
in an extreme manner that shocks the society as a whole. In independent India,
first death sentence was awarded to Nathuram Godse and Narayan Apte for
assassinating Mahatma Gandhi and were hanged on 15th November, 1949.
Judicial Approach to Death Penalty
in India
Talking
about judicial decisions there has been a long running debate as to establish
whether death penalty is unconstitutional or not. In Jagmohan Singh v State of Uttar
Pradesh[1],
the SC upheld the constitutional validity of death penalty and stated that it
does not violate Articles-14, 19 and 21. The Apex court observed that
the judge makes a choice between life imprisonment and death penalty and does
so in accordance with the procedure laid down by law.
In
the case of Bachan Singh v State of Punjab[2], the
doctrine of ‘rarest of rare’ was born
and in that regard the bench stated that it does not violate Article-19
or Article-21
of the Constitution. It was laid down that while deciding such cases, the court
has to look into various factors such as the aggravating or mitigating factors,
age of accused, criminal history, whether the particular act was done by
coercion and mental condition of the accused. In this particular case, Justice
Bhagwati who one of the judges in the bench dissented and held that death
penalty is in violation of Articles-21 and 19. In that regard
he stated, “Unfettered and uncharted discretion conferred on any
authority, even if it be the judiciary, throws the door open for arbitrariness,
for after all a judge does not cease to be a human being subject to human
limitations when he puts on the judicial robe and the nature of the judicial
process being what it is, it cannot be entirely free from judicial subjectivism.”
Before the case of Mithu v State of Punjab,[3] death sentence was mandatory under Section-303 IPC wherein
it was awarded if a person serving life sentence commits a murder. In this case
it was declared unconstitutional because the said provision was working on an
assumption that any individual who is serving life sentence and still kills
someone is beyond the stage of reformation which is one of the major purpose of
awarding punishment. Further, Section-303 mandated death sentence
to be awarded who inherently defeats the purpose of ‘rarest of rare’ doctrine.
In the case of Devender Pal Singh v State of NCT
of Delhi[4], the execution of the
accused who was a khalistani terrorist was being delay continuously which
caused the accused to develop schizophrenia. It was developed due to the mental
torture that was being imposed on the accused because of the continuous delay
of execution. It boiled down to the stage wherein the prisoner begged to the
jail authorities to carry out his execution. Acknowledging these facts, the SC
commuted his death sentence as life imprisonment due to the long delay in the
execution of death sentence.
The 2008 Mumbai attack which shocked the entire
nation was a night when almost all of India could not sleep and on the same
night Ajmal Kasab was caught and placed under arrest. Kasab was sentenced to
death by a trial court in Maharashtra and was upheld by Bombay High Court and
the Supreme Court. Kasab’s mercy petition was also rejected by the President.
Kasab was subsequently hanged on November 21st, 2012.
In
a recent and a case which got a huge amount of national attention was the Nirbhaya Gang Rape case. Around April,
2013 four of the six convicts were sentenced to death by a trial court in New
Delhi. This decision was upheld by the Delhi High Court on March 13, 2014 and
was also further upheld by the Supreme Court three years later on May 5, 2017. After
the confirmation of the Apex court, their execution was finally done on 20th
March, 2020 on 5:30 A.M inside the Tihar Jail in Delhi. During the long gaps
between the verdicts of the courts, their death sentences were continuously
challenged by the convicts counsel. The final warrant was issued on March 5th,
2020 which stated execution would happen 15 days later i.e. March 20th.
Conclusion
Debates
surrounding death penalty will continue as the arguments being made from both
sides can be termed valid. On one side it defeats the purpose of punishment
that is to reform an individual but on other side awarding death penalty
implies that an individual is not fit to live in the society which to an extent
is in terms with Article-21’s wordings. In the case of Santosh Kumar Bariyar v State of
Maharashtra[5],
previous death sentences rendered with regard to this case were
rendered per incuriam because they
were in violation of law laid down in Bachan Singh’s[6]
case. The individuals were accused of kidnapping, killing and chopping the body
of a man and then disposing the pieces in different places. The court held that
the crime was done with the sole motive of collecting money and the accused
were not professional criminals with a criminal record and hence there was hope
for rehabilitation. Subsequently the sentence was commuted to life imprisonment.
As
many states around the world have completely abolished death penalties, but in
India its future remains uncertain whether it will be abolished or not. One
argument against the death penalty that can be made is that it takes a lot of
time and when it does take its time, it only worsens the situation of the
accused as mentioned in the Santosh Kumar case[7].
Lawmakers and judiciary has to decide that factors such as public
sentiments could be considered or not while awarding death penalty as they also
play an important role as was seen in Nirbhaya’s
case. It is also worth noting that a high number of death sentences are
commuted into life imprisonments and as per a report by National Law University
Delhi between 2000 and 2014 trial courts in India have sentenced 1810 people to
death and more than half of that number was commuted to life imprisonment.
In a plea, filed by Andhra Pradesh government, challenging the AP High Court’s judgement of striking down the state government’s order to make English language the medium of instruction in State Government read more
In
a plea, filed by Andhra Pradesh government, challenging the AP High Court’s
judgement of striking down the state government’s order to make English language the medium of instruction
in State Government Schools from classes I to IV, starting from the ongoing
academic session 2020-2021.Recently, Supreme Court of India refused to stay
AP High Court’s judgement.
The
Court has also asked to the guardians’ organization to file an affidavit &
will recognize the application for stay (interim relief) on the decision after
caveators get an opportunity to file their response (affidavit) within 14 days.
Heading
a 3- Judge bench including Justice Indu
Malhotra and K.M. Joseph, Justice D Y Chandrachud noticed that Section 29(2)(f) of the RTE (Right to
Education) Act, says that the medium of instruction shall, “as far as it is
applicable”, be in a child’s mother tongue and it seems that the High
Court took this into account.
However,
the Bench issued a notice to the petitioner on the AP government’s plea
challenging the High Court’s April 15 judgement.
Appearing
on the behalf of State, K V Viswanathan, a Senior Advocate, requested for stay
on the High Court order along with issuance of notice, calling the AP
government’s decision a “progressive measure”. He said the Right to Education (RTE) Act doesn’t stop English medium
instruction in schools and there is no any limitation on private schools or
minority institutions from having TELUGU
as a medium. He also said, TELUGU will still be taught in schools as a
Language.
Mr
Viswanathan further added, India is an amazing country with diversity. Without
English we Indians, will be in islands. It would bring an “irreversible harm”
if the decision can’t be taken forward, as our upcoming generations will not be
able to speak fluent English.
Opposing
the argument, Mr Gopal Sankarnarayanan a Senior Advocate, who appeared on the
behalf of petitioners who has filed a Caveat application, said - the question
is one of guardian’s choice. He said, the State Government had taken away the
consent of Telugu- Speaking People
to send their children to a Telugu
Medium School.
He
further said, it is illogical that Private Schools & Minority Schools can
teach both languages, however Government Schools will only give lessons in
English language.
After
hearing the arguments, the Supreme Court listed the matter for next hearing on
September 25.
The 3 Judge Bench of the #SupremeCourt has in a recent case of Abhilasha vs Parkash and Others passed a Judgment dated 15-09-2020 and reiterated the following principles of #maintenance of #wife, read more
The 3 Judge Bench of the #SupremeCourt has in a recent case of Abhilasha vs Parkash and Others passed a Judgment dated 15-09-2020 and reiterated the following principles of #maintenance of #wife, #children and #parents under Hindu Adoptions and Maintenance Act, 1956 (the Act) and the Criminal Procedure Code 1973 (#CrPC)
To read more, please visit the link below:
#maintenance #family #hindu #supremecourt #crpc
Hindu Succession ActQuestion of Law1. Whether excluding daughter from the entitlement in HUF is valid?2. Whether unmarried daughter and married read more
Question of Law
1. Whether
excluding daughter from the entitlement in HUF is valid?
2. Whether
unmarried daughter and married daughter have different titles in HUF?
3. Whether
the married daughter loses her privileges after marriage?
4. Whether
the law made in this behalf serves the objective of the legislation?
Court Observation
The
Supreme Court consisting of the Division Bench of Three Judges before whom the
matter was raised on some question of law with regards to The Hindu Succession
Act. The Division bench after considering the matter filed before the court
authored a 121-page judgment in which such issues were dealt at length, the
Solicitor General of India at length while submitting the arguments presented
various precedents to present the status of the daughter with regards Hindu
Succession Act and landmark judgments decided by the court. The court to decide
the matter following explanation with the angle of law has been put forth by
the court:
1. Understanding
the school of law that regulates Hindu law
The Two laws that
basically regulate the law in the country like India are the two school of
thought which are known as the Mitakshara School of Law and the Dayabgha School
of Law. The Mitakshara applies to almost every part of the country except the
part of Bengal. The rules that were enunciated to govern the practices in
Maharashtra was Maharashtra School that prevailed in the North India whereas
the city/island of Mumbai was regulated by the Bombay School in western India.
In the country with the variety of communities as descendants of various
religious, sometimes also understood as caste it was in the Southern region
such practices were regulated by the Marumakkatayam, Aliyasantana and Namburdiri
system of law.
2. HUF
(Hindu Undivided Family)
Ascendants and
descendants connected to each other by birth in one single-family which
continues such lineage for a long period of time practices, professing and
propagating Hindu as their religion is called a Joint Hindu Family. In the
business side of the matter, a Joint Hindu Family is also termed as Hindu
Undivided Family which is a form of business organization wherein the Joint
Hindu Family run business with appointing one-person male of the family who is
the eldest in the family to be Karta (sole decision-maker of the business) and
coparcener (supporter or worker in the business). The rights of any person to
be in the organization arise only if you the person take the birth in the Joint
Hindu Family. A Joint Hindu Family holds the assets of the business jointly
under the name of the family. The understanding of the law that governs the HUF
is that after there is any severance of the assets of the business, the family
ceases to be called a Joint Hindu Family. The court in the matter understands
and concluded thatthere exist any mere separation of the worship or separation
at the food tables such separation will not hold the same understanding as to
the separation of the HUF.
3. Hindu
Succession Act before the 2005 Amendment
The understanding that
was explained needs a thorough revision of the provision of the Hindu
Succession Act prior to the year 2005, wherein the courts understand that there
exists no logical but firm emphasis to incorporate and appropriate the assets
among the male membersof the family. The family assets though not literally but
theoretically were apportioned between the male members of the family such
ascendants like father, grandfather, great grandfather and so on and in the
descendant's such son, grandson and so on. The law is understood to provide
such lineal descendants up to the third generation, and the fourth generation
would rise to such right after the death of the first generation. Nothing but
the birth in the family accrues such rights to any person such was the understanding
with regards to the confinement. The person taking birth in the Joint Hindu
Family inherits the coparcenary rights from the father, grandfather and/or
great grandfather. Any person being a coparcener in the HUF holding any
property from any other mean and not from the inheritance from the member of
the HUF will not be treated as his property in coparcenary right. No person can
claim as a single individual right over any property belonging to the Joint
Hindu Family every person belonging to the family and is in coparcenary relationship
to the HUF hold the asset of the HUF jointly. With regards to any other option
of entitlement as coparcener is by way of adoption,the court held that it is
the only way that is understood other than the primary reason of inheritance
that exists as per the rule of law and the customs that support the reasoning
of law. The Court with respect to the position of the women in the Joint Hindu
Family understand that there exist a relationship of women, but such relation
due different perception was limited to the entitlement of family member but
not as a coparcener. The court also further explains that as the rule of law
prevails over any conclusion out customs or traditions and coparcenary is the
creation of law and as far as the law is concerned the regulation that governs
the partition of the Hindu Undivided Family such can only be demanded by any
person in the capacity of a coparcener. The test for the partition of the Joint
Hindu Family can only be concluded with the person being coparcener or not
and/or such person has exercised the right for partition.
4. Obstructed
and Unobstructed Heritage
The terms havebeen
definedin the school of thoughts/law which govern the actions and regulated the
practices of heritage in the Hindu laws, the Mitakshara School of the law
states that unobstructed heritage rights also are known as “apratibandha daya”
and the obstructed rights is known as “sapratibandha daya”. The rights have
their defined way in determining the privileges and rules of their devolution
and apportionment. As the unobstructed rights state that any right accrued to
any person by way of nothing else than by birth it should be obstructed by an
action, it should accrue from the start and continue until the apportionment or
his death whichever is earlier. The unobstructed rights mean any person born in
the family has a birthright in the property of the Joint Hindu Family at the
earliest day of birth. An obstructed right is rather an indirect rule of
receiving such privilege which is directly connected to the birth of the person,
and obstructed right arises when a person who is a coparcener in the Joint
Hindu Family is dead or died by any reason as such, and there exists no male
issue after the death of the coparcener and when the person as remainder
receive such right.
The obstructed right
suggests that there exist an obstruction because of which such right or
privilege per say has to be withheld in this case it is obstructed by the
existence of the male coparcener. It is the death of the coparcener when the
obstructed rights in come in existence. The Court considered a brief overview
of the school of law which governs and regulates practices of the inheritance,
and the parallel history of the Joint Hindu Family and the focuses its
attention on the provisions of the Hindu Succession Act, 1956. The Court finds
it important for any person to understand the matter needs a fair overview of
the Mitakshara School of thought to further create a basis of for deciding and
understanding the law.
Supreme
Court Stand
The Supreme Court opines that it
was fair for the court to consider the law governing the Hindu Succession
before directing anything in the above matter. The court further explains the
Hindu Succession Act, 1956 pre-amendment scenario.
The
Supreme Court herein mentioned that as the law governs the act of Human in the
civilization or as the modern goes society it does not mean that the law is
correct in each sense and phase of life, as the changing times' models of the
life changes and new policy which better suits the society needs to be implemented
and so for all those reasons which penultimate goal to secure, pursue and
decide in favour of justice is resort to be taken and thus benefits all. As per
the Hindu Succession Act, 1956 wherein section 6 dealt with the devolution of
rights in the coparcenary interest in the Joint Hindu Family assets which are
governed by the Mitakshara School of Law. In the Act, the important thing is to
consider that section 6 of the Act excludes the rule of succession, which
concerns to Mitakshara coparcenary property. Any person who interests in the
property existed, and he dies after the existence of the Act of 1956 his
interest in the property will be dealt with the rules and regulation and/or
principles of survivorship among the remaining members of the coparcenary who
also can be called as surviving members of the coparcenary.
In
the year after 2005, various matters were filed, and the decision was made in
behalf of the male child or male member of the family the discussion was held
on the various occasion in different states considering the status of women in33
the world and with due consideration to the equal status and rights, and
liabilities of the women was given priority and many states in the logical
conclusion decided to make amendment in the Hindu Succession Act, 1956 and such
amendment was made and complied. The extension of the rights of women was
recognized in the Mitakshara School of law regarding the coparcenary in the
Joint Hindu Family. In the Several States such as Andhra Pradesh, Tamil Nadu,
Karnataka and Maharashtra the rights of women were extended to the equal status
as to men in the Joint Hindu Family as a coparcener in the property. In
Karnataka, the insertion in the following act was made in the year 1994 by
amendment as section 6A pursuing to section 23 of the Karnataka Act, 1994. In
the year 1985 the amendment was made in the state of Andhra Pradesh, and four
years after the amendment in Andhra Pradesh the amendment was made in the State
of Tamil Nadu in 1989. In the year 1994, the State of Maharashtra made the
amendment by making an insertion by way addition under 29A in the Hindu
Succession Act, 1956 as the notification came in very late, but the amendment
was also proposed by Kerala in the year 1975. As the amendment was agreed and
accepted in the law of succession in very few states, the inheritance was badly
affected in consideration of women’s rights.
The
Supreme Court of India, in its explanation, stated that there exists human
relationship which is to be considered for inheritance or any such right of a coparcener.
In the year 2005, the vast number of litigants with a new approach and new
interpretation to the meaning of the provisions of the coparcener states that
there should be an equal recognition to men and women while such position is
concerned. The section 6 of the Hindu Succession Act will be dealt and
interpreted differently from the time the Amendment Act of 2005 comes into
effect, and it states that the daughter as a child to the person who owns the
assets in the property of the Joint Hindu Family should be treated in the same
way as a child born to such person as a son.
Further,
section 6(1)(a) states that there exists no difference between the daughter and
the son, which if exist, is supported by law. Section 6 (1) (a) of the Act does
not define the gender of the issue while it dies to say that any person by
taking birth in the family is eligible for the position of the coparcener any even
if the neonate is a girl can take this position or if so is eligible for such
position if she had been a male. In the Act, while layperson makes a plain
reading understand that it confers the same rights to female and male in the
context of inheritance. The Court realizes the effect of the amendment will be
brought in practices from the day this judgment is passed,but there has been
injustice caused to many litigants who have filed the suit against not just the
Supreme Court but many High Court in different states wherein the amendment act
has not been passed by or approved by the State Government, and the same
provisions of the Act havebeen complied with following the inequality to which
justice never approves and/or permits if exists, so in the regards with the
objective to make the wrong done right this amendment will have the retroactive
effect, and all the cases wherein the right of coparcenary which has been
denied to all the females will be reversed and applied but in such situation
that the other facts may comply with the decision understood and applied with appropriate
provision but just the facts of gender inequality will be dealt with this understanding.
There also remains one question as regards to the death of any person who dies
after the year of 2005 when the Amendment Act confirms the status of the
provisions therein, the Court states as far as the section 6(3) of the Act is concernedif
any person belonging to the Joint Hindu Family dies then such apportionment of
the property will be passed by the testamentary or intestate succession and
nothing shall be permitted to apportioned by the survivorship. The Court
further states that there existed partitioned by way division of shares among
the members of the Joint Hindu Family and should be divided and allotted and
apportioned if there or happens any partition after the death of such person as
concerned in the Act. In this partition, as mentioned earlier, there should not
exist any gender inequality; the daughter should be allotted an equal share in
the property of the father if there be a partition.
There
as stated exists the coparcenary right up to the third generation of lineal
ascendants or descendants where in a situation the daughter is deceased at the
time such partition her son and daughter will have the same rights as it was
the son of the deceased son of the father who died up to three generations. The
litigation, though, has brought a change in a delayed manner, but such change
has brought itself with a vast area to be covered and provided for new thinking
and relinquishment old idea and beliefs. The Act now states the apportionment
by survivorship is completely have to go away as it destroyed the process to
achieve the objective of the Act.
Liability on Female Coparceners
The
Supreme Court, while explaining the concept of equality emphasized on the facts
the equality if is intended to be brought home, will have to bringin its
entirety there cannot exist equality where the privileges are provided but
evaded from the act of responsibility and/or liability attached to such
privileges. Section 6(4) of the Act makes the daughter liable in the same way
as Son will if at all, such liability arises.
The
Hindu Law with this presumption of equality Will has to be stated with the
interpretation that as any debt incurring on the Joint Hindu Family was repaid
of settles or discharged by the son, grandson and/ or great-grandson likewise
the daughter herein will have to discharge such debt as same if she was a son.
The
Court states that in deciding the matter, we state that we recognize the issues
but also the proviso id read by a plain meaning provides a relief for all the
partition commenced and concluded before the 20th December 2004
wherein the court states that only the partition that was made by the execution
of the partition deed registered under the Indian Registration Act, 1908 and
all such partitions decreed by the Court will be considered for such relief.
The
issues that werenot resolved earlier is that the decisions in the controversial
matter of Prakash v/s Phulavati it raised a question before the Court whether
the requirement of the father alive at the time of such partition or at the
time when such Amendment Act of 2005 is mandatory or not whereas no established
foundation has been found where to answer in the question in any other than it
can be that is no mandatory requirement of the father to be alive in the year
of Amendment Act if any time the father of the daughter dies, and there occurs
a partition the daughter will be allotted an equal share in the property of the
father. The Court disagrees with the opinion of the bench in the case of the
Prakash v/s Phulavati.
Conclusion
In
India as succession is one of the common topics of discussion as the long
history manifest the family and generational hierarchy in the country. The
Country though were practicing the succession in most the conventional way
appeared appropriate with the tradition followed by the royal families, but as
the advance of understanding and maturity in the legal sector it was ruled as
the guidelines issued which was enacted as the Act in the country by the
legislature in the year 1956 known as the Hindu Succession Act, 1956. The
understanding formed under the enacted Act was though governed with better
perception than ever before but such rule of law if wishes to sustain the
changes, need to be modified to the extent it satisfies the modern world
expectation and so the matter has taken as priority by the Supreme Court to
provide the way ahead for this Act to have a future and suffice the objective
sought by the maker of the Law. The Act lacks the important aspects of modern
world which is equality between male and female, the rights and privileges
though not exclusive but includes liability was tilted towards the male in the
family in the Joint Hindu Family. The Court has changed the perception of the
Act and provides equal opportunity to male and female in the Joint Hindu Family
with regards to liabilities and assets of the Hindu Undivided Family. The
Court also makes such act retroactive and further serves the objective of the
law maker and also makes it sustainable in today’s world.
The author of this blog/Article
is Kishan Dutt Kalaskar, a Retired Judge and practising advocate
having an experience of 35+ years in handling different legal matters. He
has prepared and got published Head Notes for more than 10,000 Judgments
of the Supreme Court and High Courts in
different Law Journals. From his
experience he wants to share this beneficial information for the individuals
having any issues with respect to their related matters .
Author :
Kishan Dutt Kalaskar
Advocate (Retired Judge)
No.74, 1st Floor, 6th
Cross,
Malleswaram,
Bengaluru-560003
Mob: 9686971935
www.kishanretiredjudge.com
Bhuj, India
Gurugram, India
New Delhi, India
Agra, India
Delhi, India
Jalalabad, India
Houston, United States
Gopalganj, India
Vejle, Denmark
DAYS
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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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