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Contempt of Court Contempt of court is any conduct that disrespect or disregard for interfering with or prejudice parties or with their witnesses during the litigation before the respective read more
Contempt
of court is any conduct that disrespect or disregard for interfering with or
prejudice parties or with their witnesses during the litigation before the
respective authority and administration of law. The Contempt of Courts Act,
1971 governs the contempt law in India. Then the judges of the court have the
authority to pass sanctions such as sending the contemnor(the person who committed contempt of court) to jail for a
specific amount of time or by imposing fines on those guilty of contempt of court.
Introduction
The
act empowers the Supreme Court and High Court to punish acts of contempt. The
Supreme Court and High Courts being courts of record have the constitutional
validity to punish for contempt of court and the Contempt of Courts
Act, 1971, according to the jurisdiction. Contempt of court can be
understood as an offence of defying the court authority by disobeying the
instructions laid by the court. The Act defines civil contempt under section
2(a) as contempt of court means civil contempt or criminal contempt. The two
types of contempt are different in character and very difficult to
differentiate.
Section
2(b) of the 1971 Act not
only encompasses willful disobedience to any judgment, decree, direction, order
etc. of a court, it also takes in its fold a willful breach of an undertaking
given to a court of law. The civil contempt is wrong of private nature. It
injures the interests of the party, entitled to get benefit from the disobeyed
order, whereas criminal contempt is an offence against the society where the contemnor
undermines the authority of the court by his words or actions.
Section
2 (c) defines
the ‘criminal contempt' as the publication (whether by words, spoken or
written, or by signs, or by visible representation, or otherwise) of any matter
or the doing of any other act, whatsoever which;
(i)
scandalizes or tends to scandalize, or lowers or tends to lower the authority
of, any court; or
(ii)
prejudices, or interferes or tends to interfere with, the due course of any
judicial proceeding; or
(iii)
interferes or tends to interfere with, or obstructs or tends to obstruct, the
administration of justice in any other manner.
Also, Article
129 and 215 of the Constitution of India empowers the court to take
action against the contempt. Article 129 empowers the Supreme
Court, whereas Article 215 empowers High Courts.
Whereas, Section 10 of The Contempt of Courts Act, 1971 has
given them special powers to the respective High Courts to punish contempt of
subordinate courts.
Article
129, of the Constitution of India,
states that the Supreme Court shall be a court of record and shall have all the
powers of such a court including the power to punish for contempt of itself.
Article
215, of the Constitution of India, states
that every High Court shall be a court of record and shall have all the powers
of such a court including the power to punish for contempt of itself.
What is the statutory basis for
Contempt of court?
India
witnessed Pre-independence laws of contempt in India. Not only the early High Courts,
but the courts of some princelystates also had such laws. After the
constitution was adopted, contempt of court was made one of the restrictions on
freedom of expression and speech. Moreover, Article 129 of the constitution
conferred on the Supreme Court the power to punish contempt of
itself. Article 215 conferred a corresponding power on the High Courts.
The Contempt of Courts Act, 1971, gives statutory backing to the idea.
What
are the kinds of Contempt of Court?
According
to Indian Law, contempt is classified it as civil and criminal. Talking about
civil contempt,it is fairly simple. It is said to be committed when someone
willfully breaches an undertaking given to court or someone willfully disobeys
a court order. However, criminal contempt is more complex. It consists of
mainly three forms:
a.
Words, written or spoken, actions and signs that
scandalize or tend to scandalize or tends to lower or lower the authority of
any court.
b.
Interferes or prejudices with any judicial
proceeding.
c.
Obstructs or interferes with the administration of
justice.
Raising allegations against the individual judges or
judiciary, which contributes to motives to judgments and judicial functioning
and any scurrilous attack on the conduct of judges are normally considered matters
that scandalize the judiciary. The reason for the provision is that courts must
be protected from those attacks that lower its authority, make the public lose
faith in its public impartiality and defame its public image.
Essentials
of Contempt of court
To
prove an offence in the court, it is very necessary to fulfil the essentials of
it first. Every offence in India has certain exceptions that haveto be
fulfilled for making the person liable for doing the act. To understand the
requirement of fulfilling the essentials, let us go through with an example, if
a person named Surya has to prove that the other person named Samiksha is the guilt
of committing an act which is unlawful and an offence in the court of law. Then
the liability to prove Samkisha guilty relies on Surya, which includes fulfilling the essential required to
commit that act or not. Similarly, the contempt of court also has certain
essentials that are as follows:
1.
Act of
disobedience to any type of court proceedings, its orders, decree, judgment,
etc. should be done ‘willfully and purposely’ in case
of Civil Contempt.
2.
Talking
about criminal contempt, “publication”
is one of the major things and this publication can be either in the form of
spoken or written, or by words, or by signs, or by visible representation.
3.
The action of the doer should be
deliberate, and it should also be clearly disregard of the court’s order.
4.
The court should in its best capacity,
always try to make a “valid order” and
this order should be in knowledge of the respondent.
What
is not contempt of court?
Accurate and fair reporting of judicial proceedings
will not amount to contempt of court. With these, any fair criticism on the
merits of a judicial order after a case is heard and disposed of.
Truth:
Defense against a contempt charge?
For the
past few years, the truth was the only one that was considered as a defence against
the charge of contempt. There was always an impression that the
judiciary tended to hide any misconduct among its individual members in the
name of protecting and safeguarding the image of the institution. The Act was
amended in 2006 to introduce truth as a valid defence if it was in the public
interest and was invoked in a bona fide manner.
The procedure of the court proceedings
The
procedures laid as per the Contempt of Court Act, 1971 has to be followed, as
mentioned in Article 129 and 215 of the Constitution of India. An individual
can recourse to the following options against the contempt.
1.
He may place the information before the court and request the court to take
action.
2.
He may put the information before the Attorney General and request him to take
appropriate action.
The
contemnor alleged is entitled to get a notice about the same an opportunity of
being heard, before considering him guilty of contempt and passing an
order.
Punishment for contempt of court
1. Supreme Court and High Court are
bestowed with the power to punish the contemnor for the contempt of the court.
2. As per Section 12 of Contempt of
Court Act, 1971, the punishment for the contempt of court can be the simple
imprisonment for a term which may extend to six months, or with fine which may
extend to two thousand rupees, or with both.
3. However, in civil cases, if the court
considers that a penalty is not meeting the ends of justice and that a sentence
of imprisonment is necessary, then the court shall instead of sentencing him to
simple imprisonment, direct that he be detained in civil prison for such period
not exceeding six months as it may think fit.
4. The punishment awarded to an accused
may be discharged on apology being made by the accused to the court's
satisfaction. An excuse cannot be rejected on the grounds if accused makes it
bonafide.
Limitation
Period:
Section
20 of the Contempt of Courts Act,
1971 defines the limitation period within which the actions have to be taken
against the contempt. It specifies that the limitation period is of one year
from the date on which the contempt is alleged to have been committed.
Remedies against an order of
Punishment
The
Contempt of Court Act, 1971, recently witnessed an amendment in the year 2006,
through, which section 13 of the act came into force. The new act is therefore
termed as Contempt of Court Amendment Act, 2006. Section 13 states that
contempt of court cannot be punished under certain circumstances or certain
cases.
Clause (a) of Section 13 of the Contempt of
Court (Amendment) Act, 2006 states that no court under this Act shall be
punished for contempt of court unless and until it satisfies that the contempt
is of such a nature that it tends to substantially interfere or substantially
interferes with the due course of Justice.
Clause (b) of Section 13 of this Act states
thatthe court has the authority to give defence on the justification of truth
in cases where it finds that the act done in the public interest and the
request for invoking that defence is bona fide.
Landmark
Contempt of court cases
Supreme
Court Bar Association of India vs. Union of India & Anr
In
this case, the judge stated that procedural factor of Contempt of court may
still be regulated by the Parliament so that it could be applied in the Supreme
Court and as well as the High Court. This further means that Section 12(1) of the Contempt of court Act, 1971,
which states a maximum fine of Rs. 5000 and imprisonment for a term of six
months shall be applicable in this case.
Sudhakar
Prasad vs. Govt. of A.P. and Ors.
This case is similar to the above-mentioned case study. In
this case, also once again, the Supreme Court declared that the ultimate powers
to punish for contempt are inherent and in-built in nature, and the provision
of the constitution only recognized the said pre-existing situation.
However, it is important to note that the provision of contempt
of court cannot be used to limit the exercise of jurisdiction given in Article
129 and Article 215 of the constitution.
Zahira
Habibullah Sheikh & Anr vs State of Gujarat & Ors
In this case, it was held that the punishment that is given for contempt in
the Contempt of Court Act, 1971 shall only be applicable to the High Court but
for Supreme Court, it acts as a guide. As this judgment was not
accompanied by rationality, this was a difficult situation as the Supreme Court
has been given great powers that the drafters of the Indian Constitution has
also not given.
Conclusion
The
current job identifying with ex facie contempt of lower courts is unacceptable
and deluding in India. It creates the impression that clearly, challenges in
such manner are the after the result of the cover of contempt powers under the Indian
Penal Code, Contempt of courts Act and hatred forces of the Supreme Court and
High Court under the Indian constitution. The situation has risen as more convoluted
by a method of the conflicting translations finished the Supreme Court and High
Court in regards to different arrangements under the Indian Penal Code dealing with interference with the
administration of justice and exclusion clause contained in the Contempt of
Courts Act. Not just the higher court ought to be enabled to manage
hatred, yet additionally, the lower court ought to be given this force. Contempt
of court whenever seen from the point of view of the appointed authorities,
higher legal authorities appear to be acceptable yet in the event that it goes
to the viewpoint of common people it turns towards its awful impact.
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
Is Docusign/Electronic signatures valid in Poland and Dubai Admissibility of E-signatures in Poland: In accordance with Polish law, a written signature for a valid contract is not necessarily required. read more
Is
Docusign/Electronic signatures valid in Poland and Dubai
Admissibility of E-signatures in
Poland: In
accordance with Polish law, a written signature for a valid contract is not
necessarily required. Contracts are usually valid if the legal competent parties
agree orally, electronically or on paper (Art. 60 and Art. 66 of the Polish
Civil Code) unless a specific form for concluding the contract is required
by law.
The eIDAS ( Regulation came into force on 1st
July, 2016 which relates to electronic signatures and is technology neutral
defining three types of electronic signature (Standard Electronic Signature, Advanced
Electronic Signature and Qualified Electronic Signature). Article 25(1) provides
that an electronic signature shall not be denied legal effect and admissibility
as evidence in legal proceedings solely on the grounds that it is in an
electronic form or does not meet the requirements of a QES. The legal impact of
a QES is equivalent to the document signature in Articles 25(2) and (3)
and it is ensured that a QES recognized in one EU Member State, will be recognized
in other Member States as well. Finally, Recital 49 requires national law
to define criteria for electronic signatures establishing under which
circumstances it might be required.
In accordance with Poland Laws, a QAS is a
legal e-signature. Though, it does not mean any e-signature other than QAS will
be denied admissibility, it would just need additional evidence to support it.
An AES is an “advanced electronic signature”, a
type of electronic signature that meets the following requirements: (a) it is
uniquely linked to the signatory; (b) it is capable of identifying the
signatory; (c) it is created using means that are under the signatory’s sole
control; and (d) it is linked to other electronic data in such a way that any
alteration to the said data can be detected.
A QES is a specific digital signature
implementation that has met the particular specifications of a government,
including using a secure signature creation device, and been certified as
‘qualified’ by either that government or a party contracted by that government.
However, Electronic signatures might not be
used in certain transactions such as:
1. Employment contracts,
termination notices for which the Civil Code specifically requires an ink
signature.
2. Real property
transactions. (Notarization)
3. Family law documents
such as Wills, Marriage and Inheritance contracts.
4. Transfer of shares or
transfer of lease of an enterprise.
5. Corporate shareholder
resolutions.
6. All decisions issued
by the Government.
Admissibility of E-Signatures in Dubai: In the UAE, Federal law No. 1 of 2006 on electronic
transactions and e-commerce ("federal e-commerce law") governs the
use and admissibility of electronic signatures.
Fundamental
electronic signatures are widely defined to include all forms of electronic
signatures. This is commonly defined as electronically attached or logically
linked data that is used as an authentication tool.
An electronic signature that meets the
requirements of the Federal E-commerce Law has legal force and effect under the
Federal E-commerce Law. The Federal E-commerce Law further provides that
nothing in the laws of evidence (which includes Federal Law No. 10 of 1992
(“Law of Evidence in Civil and Commercial Transactions”) shall prevent the
admission of an electronic message or e-signature in evidence.
Reliance on electronic signatures must be
reasonable. Reasonableness is generally based on the following factors:
1.
The nature, value and importance of the transaction being
supported by the electronic signature;
2.
Steps taken by the relying party to verify the identity of the
signatory of the electronic signature;
3.
Evidence of prior breach or cancellation of the electronic
signature;
4.
Previous transactions between the parties, which relied on
electronic signatures; and
5.
Any other relevant factor.
However, specific categories of transactions
and documents for which electronic signatures may not be used, including:
1.
Transactions and issues relating to personal law such as
marriage, divorce and wills;
2.
Deeds of title to immovable property;
3.
Negotiable instruments;
4.
Transactions involving the sale, purchase, lease (for a term of
more than 10 years) and other disposition of immovable property and the
registration of other rights relating to immovable property;
5.
Any document legally required to be attested before a Notary
Public, and
6.
Any other documents or transactions exempted by special
provision of the law.
Conclusion: E-signatures are
admissible as a legal signature except in the cases wherein it is specifically
required/stated that there shall be a physical signature.
The 3-Judge Bench of the #SupremeCourt has in a recent case of Praneeth K and Others vs University Grants Commission and Others along with nine other Petitions,passed a Judgment dated 28-08-2020 and upheld read more
The 3-Judge Bench of the #SupremeCourt has in a recent case of Praneeth K and Others vs University Grants Commission and Others along with nine other Petitions,passed a Judgment dated 28-08-2020 and upheld the validity of the #Guidelines issued by the University Grants Commission (#UGC) dated 06-07-2020, directing all #universities and #colleges in the country to conduct terminal semester/final year #examinations by 30-09-2020.
To read more, please visit the link below:
#ugc #university #college #examinations #exams #supremecourt #stategovernment #guidelines
Recently, the Hon’ble #SupremeCourt of India in the case of Nazir Mohamed v. J. Kamala, (Civil Appeal Nos. 2843-2844 of 2010), passed a Judgment on 27.08.2020, and held that formulation of #substantialquestionoflaw read more
Recently, the Hon’ble #SupremeCourt of India in the case of Nazir Mohamed v. J. Kamala, (Civil Appeal Nos. 2843-2844 of 2010), passed a Judgment on 27.08.2020, and held that formulation of #substantialquestionoflaw by the #HighCourt is mandatory and mere reference to the ground mentioned in Memorandum of Second Appeal cannot satisfy the mandate of Section 100 of the Civil Procedure Code, 1908 (‘#CPC, 1908’).
To read more, please visit the link below:
#appeal #highcourt #supremecourt #questionoflaw #substantial
-Gunjan Chhabra[1]Arbitration remains one of the preferred dispute resolution mechanisms for commercial disputes globally. It has been said that the reason behind Arbitrations’ global popularity is due read more
-Gunjan Chhabra[1]
Arbitration remains one of the preferred dispute resolution mechanisms for commercial disputes globally. It has been said that the reason behind Arbitrations’ global popularity is due to the bindingness of award passed by arbitral tribunal and autonomy which it provides to parties i.e., to select the laws applicable on the dispute, like law governing the arbitration agreement, substantive law, and curial law.
Generally, arbitration agreement consists of three types of laws which are-
1) law governing the arbitration agreement and the performance of that agreement;
2) law governing the existence and proceedings of the arbitral tribunal (the lex arbitri);
3) law, or the relevant legal rules, governing the substantive issues in dispute (generally described as the ‘applicable law’, the ‘governing law’, ‘the proper law of the contract’, or ‘the substantive law’).[2]
Law governing the arbitration agreement decides the seat of arbitration. The courts located at seat would have supervisory jurisdiction over the arbitration. However, in the case of Aarka Sports Management Pvt. Ltd. Vs. Kalsi Buildcon Pvt. Ltd[3](“Kalsi Buildcon”), arbitration agreement only provided for an exclusive jurisdiction clause, and that too a little ambiguously. It is pertinent to point out that in this case there was no mention of seat or law governing the arbitration.
IMPORTANT ASPECTS OF THE KALSI BUILDCON CASE
In the Kalsi Buildcon case, one party had approached the Delhi High Court for appointment of Arbitrator under Section 11 of the Arbitration & Conciliation Act, 1996. The other party had taken an objection that the Petition was not maintainable as Delhi was neither the seat of the arbitration, nor any cause of action had arisen in New Delhi, as the agreement was drawn at Ranchi and the Agreement was signed at Lucknow. Thus Delhi High Court was required to delve into the issue of, which Court would have jurisdiction to entertain the Petitioner under Section 11, considering the peculiar arbitration clause between the parties.
The parties entered into an operation, maintenance and management Agreement dated 16th March,2018 (“Agreement”). The Agreement between the parties was entered into at Lucknow and was to be performed at Patna. No party to the contract was located or carried on business within the territory of Delhi. The said contract provided for arbitration as the dispute resolution mechanism. We are reproducing the arbitration clause contained in the Agreement for ease of reference:
“
Arbitration clause
15. Governing Law, Jurisdiction & Dispute Resolution 15.1 This Agreement shall be governed by and construed in accordance with the laws of India and subject to clauses 15.2 and 15.3, the jurisdiction of this Agreement shall be exclusively in the courts of New Delhi, India. |
15.2 Negotiation: The Parties shall negotiate in good faith and use reasonable efforts to settle any dispute, difference or claim raised, arising out of or in connection with this Agreement including the construction, validity, execution, performance, termination or breach hereof (hereinafter referred to as 'Dispute'). In the event that the Parties are unable to reach a resolution within 30 (thirty) days of the start of Dispute the same shall be settled by binding arbitration. |
15.3 Arbitration: Any Dispute which is not settled by Mediation, shall be determined by Arbitration under the Arbitration and Conciliation Act, 1996, as amended by the Arbitration and Conciliation (Amendment) Act, 2015. The Arbitration shall be conducted before a sole arbitrator appointed with the mutual consent of both Parties. If the Parties are unable to reach an agreement on the choice of an arbitrator within 30 days of the Notice of Arbitration by either Party, the Parties shall approach the court of proper jurisdiction for appointment of arbitrator." |
(emphasis supplied)
Thus, the question before Delhi High Court in this case was that whether Delhi High Court has power to appoint arbitrator in the present matter under Section 11 of the Indian Arbitration Act, 1996.
The Delhi High Court relied on Section 2(1) (e) of the Indian Arbitration Act, 1996 and held that in cases where parties failed to mention seat, as happened in this case, then only court of competent jurisdiction has authority to entertain the application under section 11 of the Indian Arbitration Act of 1996. Court of competent jurisdiction can be determined with the help of Section 16 to Section 20 of the code of civil procedure. Since Delhi High Court wasn’t court of competent jurisdiction according to Section 16 to Section 20 of the code of civil procedure, thus court dismissed the petition for appointment of arbitrator. In regard to specific jurisdiction clause, court held that the parties cannot confer jurisdiction on a Court which otherwise has no jurisdiction.
MUSINGS ON AN EXCLUSIVE JURISDICTION CLAUSE
As noticed above the clause in the contract mentioned a couple of things:-
(i) No designation or seat or venue in the clause itself.
(ii) Agreement said to be subject to exclusive jurisdiction of Courts at New Delhi, with no other part of cause of action arising in New Delhi.
(iii) Arbitration also mentions a contradiction by saying Parties to approach the court of proper jurisdiction for appointment of arbitrator.
An interesting question which now arises in this case is, that if the third element was missing from the arbitration agreement, and only New Delhi Courts would have exclusive jurisdiction, could it then be said that the parties intended for New Delhi to be the seat of arbitration by conferring it exclusive supervisory jurisdiction?
In other words, although designation of a seat is sufficient to provide jurisdiction to a Court, is the vice versa true, that is, is an exclusive jurisdiction clause sufficient to designate a seat?
Reference can be made to Virgo Softech Ltd. v. National Institute of Electronics and Information Technology,[4](“Virgo”). In this case, arbitration agreement provides for New Delhi as venue and confer exclusive jurisdiction to courts of Chandigarh. Petitioner approached Delhi High Court under Section 11 of Indian Arbitration Act for the appointment of arbitrator. Court denied the application held that “In view of the above specific Clause, the stipulation that the arbitration proceedings shall be held at New Delhi, would make New Delhi only a 'venue' of the arbitration and not the 'seat' of the arbitration and also held that Chandigarh alone had the territorial jurisdiction as New Delhi was not the "seat" but only a "venue" of the arbitration.
Additionally, (emphasis) reference can be made to Hamdard Laboratories (India) Vs. Sterling Electro Enterprises[5] (Hamdard) where arbitration agreement confer compulsory jurisdiction of New Delhi’s court with no mention of seat in the agreement. One of the party to the case reached to Delhi High Court for appointment of arbitrator under Section 11 of the Indian Arbitration Act,1996. Respondent objected the said petition and contend that as agreement not provides Delhi as seat and no cause of action arose in Delhi, so Delhi High Court lacks territorial jurisdiction to decide the matter related to arbitration proceeding. Court denied the contention and relied upon the judgements of this case, Virgo and BALCO v. Kaiser Aluminium Technical Services Inc.,[6] and held that, “it is clear that the parties had envisaged conferment of exclusive jurisdiction upon the courts in Delhi to decide all disputes relating to arbitration, arising out of the Work Order in question. Thus, by necessary implication, the parties also agreed to make Delhi the seat of arbitration, which leaves no merit in the respondent's contention that this Court does not have territorial jurisdiction to adjudicate the present petition.”
It was also observed regarding Kalsi Buildcon, that, “A reading of Clause 15.3, which provided for arbitration in the aforesaid decision, makes it clear that the parties, in Aarka Sports (supra), did not provide for exclusive jurisdiction of the Courts at Delhi in respect of arbitration. Rather, the petitioner, in that case, had relied upon the jurisdiction conferred in clause 15.1 of the dispute resolution clause titled Governing Law, Jurisdiction & Dispute Resolution, which was in fact a general stipulation on dispute resolution, not a part of the arbitration clause like the present case. When the parties herein have specifically provided, within the arbitration clause itself, that the Courts at Delhi will have jurisdiction over all arbitration proceedings arising out of the Work Order dated 01.03.2018, I find that the facts of Aarka Sports (supra) cannot be equated to that of the present case in any respect. In view of the aforesaid, it is clear that the parties had envisaged conferment of exclusive jurisdiction upon the courts in Delhi to decide all disputes relating to arbitration, arising out of the Work Order in question. Thus, by necessary implication, the parties also agreed to make Delhi the seat of arbitration, which leaves no merit in the respondent’s contention that this Court does not have territorial jurisdiction to adjudicate the present petition.”
DENOUMENT
Thus, it can be concluded that if parties in their arbitration agreement confer exclusive jurisdiction on the particular court and failed to mention seat, then that court would be designated as court of seat and can supervise the parties in matter of arbitration. In effect it is possible to impliedly designate a seat of arbitration, by merely granting exclusive jurisdiction to a Court by agreement.
[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] Nigel Blackaby et al., Redfern and Hunter on international arbitration 3 (Sixth edition ed. 2015).
[3] Delhi High Court (Single Judge), Arb. P. 662 of 2019, decided on 06.07.2020.
[4] Delhi High Court (Single Judge), Arb. P. 754-755/2018, decided on 30.11.2018.
[5] Delhi High Court (Division Bench), Arb. P. 218/2020, decided on 21.07.2020.
[6] (2012) 9 SCC 552
Laws governing a Knife According to the case reports published by different authors, it is an understanding that knives or arms, in general, have its origin in the process of human evolution, the read more
According
to the case reports published by different authors, it is an understanding that
knives or arms, in general, have its origin in the process of human evolution,
the invention of these arms were made by humans for the purpose of hunting and
self-defence. Knives from a long time have been part of the country’s culture
it has been in the country in various sects or groups as the country now
limited by the boundaries geographically but once was the land divided into the
various kingdom.
Introduction
As
the speedy progress of humanity and the growth of civilization, it became
necessary to introduce laws regulating actions of the human being in society.
The laws introduced in the societies by various scholars understanding the
righteousness to be practised by the mankind made some action void or illegal,
such actions were against the mankind, and it would result in disrupting the
harmony of the society. The early end of kingships led into different
revolution altogether resulting in the forming of the government. This
administration was based on different philosophies and ideologies, realizing
the contemplation of the world to make a better place. These authorities were
formed according to the legislation for its incorporation and also derived
their powers from such legislations.
The
authorities were further subdivided into three parts forming the pillars on
which the harmony and progress of the state will rely on, and the pillars were
given authorities to make rules and regulation, to implement and watch the
rules and regulation with nexus sought to be achieved for the state. It became
a priority for the authorities to implement laws that were to be followed
obediently, violating those would incur punishment for the person committing
such an act. Many rules were written in terms of heinous crimes against mankind
and were made punishable, and it came to the state’s attention that there is a
need to invent legislation controlling the roots of this tree whose branches
culminated into fruits of violation and brutality.
The
ingredients involved- arms and ammunition to such brutality, the government understanding
an urgent need to legislate the arms and its use by people or citizens of the
land. Various countries made rules in this behalf according to the nature and
objective the state wants to achieve through these rules. In India, as the
country’s origin from the times of the British rules, modernization and
literacy found its right characters in the land of scholars who decided to
regulate brutal actions against mankind to be a punishable crime and legislated
a charter of law enforceable by the authority to be known as Arms Act, 1959.
History of Knives Legislation
The
history of knives legislation finds its origin mostly in the southern states of
the United States of America, and the regulation introduced was in prohibitive nature
to eliminate the use of the knife for dueling and other deadly sports between
men for the purpose of entertainment.The rules made thereunder were different
according to the type of knives considering the deadly nature. The knives in
the early 19th century were used in the west for much reason including
settlement of the dispute and other quarrels regarding land disputes among gang
members. To eliminate these casual ways of settling disputes by means of
killing increased on a large scale where it became a priority to curb and
eliminate this practice, it was made illegal bypassing law in this behalf. This
law took a major turn after the Civil War in the USA; the laws were made more
stringent with regards to purchasing and possession of the knives and other
arms.
The
law controlling the possession and use of the arms was first introduced in the
year 1878 after the first uprising in the year 1857 but the laws made in the
year arbitrarily allowed the sovereign to regulate the use of an arm at their
own peril. After independence, it needed to create such rules that would
require the government to meet its objective.
In
the year 1959, the Government of India passed an Act, i.e. The Arms Act, 1959to
legislate the acquisition, possession, use and disposal of arms in India in the
late 50’s by studying the use of the arms and its use during the period of the
British rule in India. The scholars in the country realized the grievous
effects of the use of arm.
Legislation
regulating Knives
In
India, the arms and ammunition are regulated by the legislation passed by the
parliament known as the Arms Act, 1959 and Arms Rule, 1962. According to the
provision specified and rules in this behalf states that any person who is a law-abiding
citizen will be allowed to have possession of the arms by the procedure
established by the law. The provision incorporated was in effect from the year
1962, though such right to possess the firearms was not made the fundamental
right but was accepted in the eye of law. This Act was enforced with the aim to
regulate the use of arms and eliminate the trade and use of the illegal weapon.
The rule states that any person under section 4 of the Arms Act, 1956 read with
rules in Arms Rule, 1962 should not by any way acquire, possess, sale and use
any arm or firearm whereby such arm is sharp edged and deadly by its very
nature such as swords (including sword sticks), Dagger, Bayonets, spears
(including lances and javelins), battle-axes, Knives (including Kirpan and
khukeris) or any other arms whereby such arm has a blade which 9” longer and
has wide breadth up to 2” broader for any purpose other than the purpose of
domestic, agricultural, scientific, Industrial purposes, steel baton and all
other weapons which are termed as “Life Preservers machinery used for making
arms category other than 3 and any other weapon notified by the Central
Government under section 4.
The
use of knives in the way used or if such knives result in creating a
disturbance or ruptures in any way the public tranquility, peace or if such
piece of weapon creates an environment of fear would also be charged under the
Criminal Procedure Code, 1973.
The
use of any other weapon by any person by way of showing it or threatening it or
to gain any undue advantage even without the intent of harming such person or
group of such persons will be charged under section 425 of the Indian Penal
Code.
Such
a person will also be held liable under section 268 of the Indian Penal Code
under an act of public nuisance if such blade or knives creates such a situation.
According to various laws made under the Indian legislatures, such as Indian
Penal Code, 1860 and Criminal Procedure Code, 1973.
Types
of Knives
There
is a list of knives mentioned in the list or schedules under the Arms Rules,
1962 that specifically mentioned and prohibited by the Government following:
1.
Swords:The
long metal bladeconsists of sharp edges sometimes on the inner and outer edges
use of thrusting and attacking with force to cause an injury to someone in the
act of war.This head in the rules also prohibits the swords sticks which are
basically a walking stick or any stick mainly having a wooden covering from
outside and blade or sword inside. Such sticks basically look like a walking
stick.
2.
Dagger:Dagger
is typically a small knife which is used for stabbing some because of its double-edged
sharpness on both the side of the metal blade makes a perfect knife for causing
serious injury to person or animal.
3.
Bayonets:
The Bayonets are the type of knives that are typically seen on the rifle, it
was majorly used by the armies or land warriors where they used this knife at the
time for their defence. Such knives are now prohibited by the government.
4.
Spears:
A pointed blade used by the warriors that are made in way to cut the pressure
of the air so as to hit the target by throwing it from a distance. It also tied
or affixed to a wooden bamboo to kill someone at a distance.
Kirpans
in India
A
kirpan is a sword or knife that has special permission given by the
Constitution of India, Article 25(2) (b) of the Constitution of India allows
the carriage of Kirpan by the person who identifies himself/herself as Sikhs.
As secularism forms an inevitable part of the Indian Constitution that provides
to recognize the land will practice no religion symbolically of the country but
such every religion will be accorded with the same reverence as to any other
religion without any distinct nature of minority or majority. Further, the article
also states that every person will be allowed and is free to practice,
propagate and profess about his religion and recognizes every religion in its
entirety with no modifications unless necessary.
Sikhs
is one sect people originally from the northern part of the Indian
Subcontinent. As per the Sikhism, tradition is practised, and it is vitally
important for the people of this sect to follow the cultural identity in the way
they practice, profess and propagate their religion. There is in a total of
five articles compulsory as per the Sikh ideology to wear in a way to justice
the religious necessity such as:
1.
Haircovered by the turban.
2.
Kara (a steel bracelet)
3.
Kanga (a small wooden comb)
4.
Kacchera (undershorts)
5.
Kirpan (a small knife or sword)
A
Kirpan is basically an article of faith in the Sikhism, and the word Kirpan has
derived from two words, i.e. Kirpa and Aan, that literally means an act of
kindness and self-respect respectively. This is symbolic of a belief that every
person practising Sikhism should be generous and should always be protecting
his/her self-respect. In Sikhism, the Kirpan has no specific size or
requirement it depends upon the person who carries the Kirpan except it’s
should sheathe and worn with a strap.
The
Indian legislation, regulates the rules and regulation for the Kirpan, such
that the Sikh or by any person without the authority of the Government or by
any provision of the law will not be allowed to manufacture and sale the Kirpan.
Though the word Kirpan has not been defined in the Arms Act but such arm will
be included in the meaning of the sword. Under the precedence set by the
Magistrate Court in,The Crown v/s Basta
Singh, (1922) I.L.R III Lah. 437 wherein a Sikh was arrested under the
charge of manufacturing and sale of Kirpan under section 19 (a) of Arms Act and
presented before the Magistrate where the person arrested was released by the
Magistrate by stating the reason that as per schedule 2 of the Arms Rules, a
person identifying himself as Sikh will be allowed an exemption from
prohibition regarding the manufacturing and sale of Kirpan. According to the
new rules, any person though allowed to carry Kirpan in as an exception to the
rule of carrying a knife in the country has limited and regulated with
reference to its and size and shape.
Self-
Defense legislation in India
An
act of self-defence can be said as an act to protect oneself from any person
willing to or by committing such an act which may result in the one’s death.
The pardoning for any act where the person seriously injures or sometimes such
injuries led to the death of that person came in the society in the medieval
period, at such time to pardon such action it was at the sole discretion of the
King. This was an attempt made by the administration and scholar who developed
a sense of common understanding of the revolt of humanity against such crimes.
In the case of the Brown v/s United
States of America, Justice Holmes stated that it would more grievous crime
committed by the states if such person would in turn for saving his life
commits any action or cause any injury to a person willing to kill, would be
allowed a pardon by the court of law. The principle of the uplifted knife is to
be understood in the context of protection from such attacks but then such
decision will be on the sole discretion of the court and might differ depending
on the facts of the case.
In
India, action of self-defence is considered as rightful action against the
crimes that take place against mankind, it is governed by the Indian Penal
Code. The IPC under sections 96 -106 covers the act of self-defence, there is
various interpretation of a situation where acting to save one’s life would be a
timely demand and committing any action pursued immediately in the phases of
terror would be allowed a pardon. Such consideration based on the principle of
“Necessity Knows No Law” it specifically states that if a situation arises were
following a legal procedure to save his/her life would be terrible or delayed
choice of action then such person can commit such act to mitigate the loss that
will be caused to him/her, in turn, if such situation turns fatal then the court
will have sole discretion depending on the facts of the case and evidence
presented to recognize the eligibility of the action by an individual for
pardon.
Though
such action is due for pardon by the court carrying knife for such act is
prohibited, the law states that any person carrying any arm or knife for such
reason which does not comply with the requirement with regards to its shape and
size will not be allowed for any such reason.
The
Act states that any person in India will not be allowed to carry a knife which
more the 9” long metal blade and 2” wide in size and such knife should be fancy
in the way to be threatened by the public at large.
In
the case of Malti Devi Singh & Others
v/s The State of Uttar Pradesh, whereby the accuser’s conviction of causing
injury to the respondent while acting in self-defence was considered by the
court under the principle of the uplifted knife, the court set aside the order
of the lower court for the appellant’s conviction provided a legal theory by an
eminent jurist the Justice Holmes who stated that “a detached reflection cannot
be demanded in the presences of an uplifted knife, the appellant.
Conclusion
In
India the parliament has enlisted detailed laws regulating the states and
action of citizens, in the above article, it was discussed at length various
rules formed with due consideration for the use of arms. As the development is a
concern, it is important to maintain the harmony of the state as the paramount
interest of the administration, where any kind of fatal contemplation has to be
avoided by way of legislating its use and other aspects relating to the commodity.
The Indian legislature promulgates fairly codified provision enforceable in the
country regulating the all the aspects of arms and ammunition. As this article discusses
at lengththe permission to carry a knife with due consideration to the laws and
provides a brief about the curtailment of the usage of knives. The rationale
provided for prohibition suggests the procuring step in understanding the
future recourse regarding such arms, as amendment still suggest the
adaptability of the Act to limit the use of arms, for any purpose other than
the qualified use as recognized by the states.
The
article mainly covers the aspect of usage of Knives with its exception in
recognizing the need to curb the sale and usage of it in any other illegal ways
or for such purpose which is with intent to disrupt the public tranquility. The
article also includes the exception provided by the state in this behalf and
illustrates the understanding with regards to the case laws emphasizing that every
exception has its onus upon the person who pursues such exception or requires
the exceptional context to be considered for use that is in violation of the stated
provision.
Lastly,
it clears the understanding that the use of knives in any way has been
prohibited by the Arms Act, 1959 read with Arms Rule, 1962, further the act in
itself require a modification many aspects, but it may stay stringent with the
rules made regulating the manufacture, sale, possession, use and trade in the
way of the knife.
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
Recently, the Hon’ble Supreme Court of India in the case of Sri V. N. Krishna Murthy & Anr. Etc. Etc. v. Sri Ravikumar & Ors. Etc. Etc., [Civil Appeal Nos. 2701-2704/2020], vide its Judgment dated read more
Recently, the Hon’ble Supreme Court of India in the case of Sri V. N. Krishna Murthy & Anr. Etc. Etc. v. Sri Ravikumar & Ors. Etc. Etc., [Civil Appeal Nos. 2701-2704/2020], vide its Judgment dated 21.08.2020, reiterated and held that a #stranger cannot be permitted to file an #appeal in any proceedings unless he satisfies the Court that he falls within the category of #aggrieved persons.
To read more, please visit the link below:
#stranger #appeal #supremecourt
Recently, the Supreme Court has in a case of Avitel Post Studioz Limited & Ors. Vs HSBC PI Holdings (Mauritius) Limited passed a Judgment dated 19-08-2020 and upheld the validity of the #arbitration read more
Recently, the Supreme Court has in a case of Avitel Post Studioz Limited & Ors. Vs HSBC PI Holdings (Mauritius) Limited passed a Judgment dated 19-08-2020 and upheld the validity of the #arbitration proceedings initiated by the Respondent-#HSBC in a matter of serious allegation of #fraud and #misrepresentation committed by Avitel-Appellant Company.
To read more, please visit the link below:
#arbitration #dispute #hsbc #fraud #supremecourt
Hacking is gaining information of the weakness of a computer resources system and there after access into it, without his or her permission. Hacking can be interpreted as unlawful criminal trespass into read more
(Everything written in this article are the personal opinion, which someone may agree or disagree)
https://www.cyberchatterjee.com/2020/08/hack-world-lets-us-hack-ethically.html
DefinitionLiving arrangements where an unmarried couple lives collectively underneath the same house within a long- term relationship that is similar to marriage is known as a LIVE-IN RELATIONSHIP. In read more
Definition
Living
arrangements where an unmarried couple lives collectively underneath the same
house within a long- term relationship that is similar to marriage is known as
a LIVE-IN RELATIONSHIP. In this
manner, it is a kind of arrangement where a man & woman live together
without having getting married. This type of relationship has become an option
to marriage in Metropolitan Cities.
Status of live-in-relationship in
India
Status
of live-in is not clear in India. There is no any particular law regarding the
subject of live-in relationships. This type of relationship isn’t acknowledged
by Hindu Marriage Act, 1955 or other law.
While the institution of marriage encourage adjustment, the basis of live-in is
individual freedom. Thus, the protection of women from Domestic Violence Act,
2005 accommodates the protection & maintenance thereby providing the right
of alimony to an aggrieved live- in partner. In spite of fact that, such a
relationship isn’t bound by the legitimateness of marriage, the Indian courts
have supported the rights, of woman along her children who is in a live-in
relationship.
The
Supreme Court has characterized five classifications of live in relationships which
can be considered in the court:
Women’s Rights in Live-in
Relationship
1-Maintenance rights
In
the year 2003, after the suggestions of the Malimath Committee, Section
125 was fused in the CrPC (Criminal Procedure Code) to adjust the meaning
of 'wife' and extend it to include women who were in a live-in relationship.
This guaranteed that her Financial Needs were taken care of by the partner if
she was not able to maintain herself or if the relationship got alienated.
Likewise, protection against all types of abuse is secured under the Domestic Violence Act, 2005 just like
married women.
2- Right to Property
After
the amendment in 2005, the women’s right to ancestral property is secured by
the Hindu Succession Act, 1956. This provides her rights to ancestral and
self-acquired property, like son, regardless of her marital status. So, whether
woman is married or in live-in- relationship, the right to parental property
will accrue to her by birth, while the property acquired by oneself will be
divided according to the will.
3-Children’s Inheritance Rights
The
Supreme Court (SC) of India had held that if a man and woman living together
for a long period of time, would be considered as married and will enjoy all
rights also the children born to live-in partners are treated as Legitimate.
Such children have the right to self-acquired properties of their parents
according to the Section 16 of the Hindu
Marriage Act.
CrPC Section 125, provide
rights to the children that they can always claim maintenance even if their
personal laws doesn’t offer maintenance to them. In case the live-in partners
are estranged, still they have obligation to maintain their children.
In
Bharata Matha & Ors. Vs. R. Vijaya
Renganathan & Ors. Case, the SC has also ruled that Child born out of a
live-in-relationship may be permitted to inherit parent’s property, but does
not have any right to claim against Hindu Ancestral Coparcenary Property.
REFERENCE
[1]-
economictimes.indiatimes.com
[2]-
www.helplinelaw.com
[3]-timesofindia.indiatimes.com
Ghaziabad, India
Caledon East, Canada
New Delhi, India
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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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