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The Supreme Court has in a recent case of Dr Naresh Kumar Mangla vs Smt. Anita Agarwal & Ors. etc passed a Judgment dated 17-12-2020 and reiterated the grounds for grant of anticipatory #bail.To know read more
The Supreme Court has in a recent case of Dr Naresh Kumar Mangla vs Smt. Anita Agarwal & Ors. etc passed a Judgment dated 17-12-2020 and reiterated the grounds for grant of anticipatory #bail.
To know more, please visit the link below:
#bail #anticipatorybail #supremecourt
A strenuous task of #vaccinating over billions of people lies on India’s shoulders. In furtherance of this, the Centre-led two-day dry run of the #COVID19 Vaccination Programme has been concluded on 29th read more
A strenuous task of #vaccinating over billions of people lies on India’s shoulders. In furtherance of this, the Centre-led two-day dry run of the #COVID19 Vaccination Programme has been concluded on 29th December 2020 in four states, i.e., Krishna district of Andhra Pradesh, Ludhiana and Shaheed Bhagat Singh Nagar (Nawanshahr) in Punjab, Rajkot and Gandhinagar in Gujarat and Nalbari District in Assam.
To read more, please visit the link below:
http://www.theindianlawyer.in/blog/2021/01/02/the-covid-19-vaccination-drive-india/
#covid #vaccine
Mumbai which is known as the City of Dream. A Place where all your dreams get fulfilled. Everyone in INDIA wants to be a part of this magnificent city, but are there enough spaces for all to stay? Can read more
Mumbai which is known as the City of Dream. A Place where all your dreams get fulfilled. Everyone in INDIA wants to be a part of this magnificent city, but are there enough spaces for all to stay? Can the city accommodate more? The only way to accommodate many is by having taller buildings, which is properly made under all conditions, considering internal and external factors.
As we all know, there are hardly few spaces left in this Mumbai being a Dream City and the only way for development and bridge the gap between the consumer and space would be to have taller Buildings, which should be in a proper condition. As, large numbers of the Buildings being situated in the various Co-operative housing societies, in Mumbai are in a dilapidated condition where everyone always has a fear that any slab of the building or the whole building might collapse apart from that every house does face some or other problem like water leakage from their walls during the monsoon period, bad electrical work or having various dampness in their respective houses causing various health problems to them, at the end the condition of the maximum of all the houses where people invest their life long saving to get their dream home, pinches their soul if the condition of their house, their building get worsened due to many reasons and to cure that solution every layperson suffers from lack of resources – both Financial and Technical. To overcome these problems, the only option they are left with is Redevelopment. This is only possible by availing of the additional potential offered by way of TDR, FSI, Fungible, were due to which Redevelopment of existing Building has assumed greater significance.
Hard Fact, Redevelopment of Housing Societies are usually burdened with bitterness and complaints of high handedness and corruption against the Managing Committee. Hence, to ensure transparency in the Societies seeking to undertake redevelopment projects, the state Cooperative Department has issued Societies' guidelines to follow U/s 79 (A) of the Maharashtra Cooperative Societies Act 1960.
Pursuant to a deep study of complaints by members of Housing Societies undertaking the Redevelopment, guidelines in terms of section 79 (A) were issued by a committee appointed by the Commissioner of Cooperation and Registrar of Cooperative Societies, Maharashtra State, Pune under the Chairmanship of Joint Registrar of Cooperative Societies, CIDCO. Accordingly, an important feature in the guidelines, a redevelopment scheme has to be approved by the General Body only if three-fourths of Society member is present, and 75% thereof approve the proposal for Redevelopment.
The major players in the redevelopment activities are:
1) Society or Landlord,
2) Members or Tenants
3) Developer.
As in this current COVID Pandemic, people are losing hope and trust towards the builders as builders themselves face many problems. To break the ice and give a specific society trust, faith, transparency and speedy completion of the project, the suitable option to remains is for SELF REDEVELOPMENT. The Society can itself undertake the Self Redevelopment on its own. The members themselves take their personal interest in developing the redevelopment process's interest, and the members also take the quality standards to care. When the society has Conveyance executed, Society is legally also the owner of the land, i.e., society has a title in its own name, which is a firm ground for mortgaging and raising loan for Redevelopment from the Banks and NBFCS and Financial Institution. Since the Society is the owner, TDR and Fungible FSI can always be purchased in the Society's name. An architect will have to be appointed who will get the plans sanctioned, and Contractors can take up the job of constructions of the flats and the Building as per the BMC Approved plans. The Society and its members can retain the entire FSI available in the form of TDR and Fungible. Members can benefit from larger flats and extra flat can either be sold or given on the Rent. The Society and the Members will never be at the mercy of the Builders and benefit from extra FSI in terms of Fungibility and TDR. The society and its members have to shell out money for construction, and during construction, they will have to stay outside on rent. Society can also carry out this option for Self-Redevelopment with the help of the Construction Management Consultant, who can also guide the society for Architects, sanctioning the plans, and getting approval from BMC and carrying out actual construction, monitoring the quality and time of construction? Recently, Maharashtra CM also acknowledged the scope and benefits of self-redevelopment. The current motto is to make all the suffering Mumbaikar free from Dilapidated buildings. State Govt provides permanent relief to tenants and residents of the ceased building in Mumbai city. The stakeholders from old and dilapidated ceased buildings in Mumbai island city to get phase-wise redevelopment in stipulated times.
Hence, if the society seriously carries out Self-Redevelopment on its own will be like a water well in the desert.
The #DelhiHighCourt has in a recent case of Reena Gambhir Vs Central Bank of India and Ors. (W.P.(C) 10276/2020 & W.P.(C) 10325/2020) passed a Judgement dated 22.12.2020 upholding the decision of read more
The #DelhiHighCourt has in a recent case of Reena Gambhir Vs Central Bank of India and Ors. (W.P.(C) 10276/2020 & W.P.(C) 10325/2020) passed a Judgement dated 22.12.2020 upholding the decision of #Debt Recovery Appellate Tribunal (#DRAT) and stating that the Banks have the power to initiate proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (#SARFAESI Act) and take over possession of the #property if the dues are not duly paid.
To know more, please click on the link below:
#npa #bank #loan #debtor #debt #guarantee #guarantor #sarfaesi #delhihighcourt #highcourt
The Three Judge Bench of the Hon’ble Supreme Court of India comprising of Justices Dr. Dhananjaya Y Chandrachud, Indu Malhotra and Indira Banerjee passed an Order dated 14-12-2020 in the case of DLF Home read more
The Three Judge Bench of the Hon’ble Supreme Court of India comprising of Justices Dr. Dhananjaya Y Chandrachud, Indu Malhotra and Indira Banerjee passed an Order dated 14-12-2020 in the case of DLF Home Developers Ltd. and Another v. Capital Greens Flat Buyers Association Etc. Etc. (Civil Appeal Nos. 3864-3889 of 2020) and held that an offer by the #Developer-Appellant to #refund the consideration amount of an #apartment shall not disentitle the #flatpurchasers from claiming #compensation for the inordinate #delay caused by the Developer in handing over the timely possession of the flat.
To read more, please visit the link below:
#refund #compensation #delay #possession #builder #flatbuyer #supremecourt
In a reference of a case V. Padamakumar vs. Stressed Assets Stabilization Fund (SASF) & Anr [CA (AT)(Ins)No. 57/2020] (V. Padma Kumar Case) by the Three Members Bench to the Five Members Bench of read more
In a reference of a case V. Padamakumar vs. Stressed Assets Stabilization Fund (SASF) & Anr [CA (AT)(Ins)No. 57/2020] (V. Padma Kumar Case) by the Three Members Bench to the Five Members Bench of National Company Law Appellate Tribunal, New Delhi (#NCLAT), vide its Judgment dated 22.12.2020 in the case of Bishal Jaiswal v. Asset Reconstruction Company (India) Ltd and Anr [CA (AT) (Ins) No. 385/2020] opined and held that Judgment rendered by Five Hon’ble Members of NCLAT in the Case of V. Padma Kumar Case, do not require reconsideration with respect to whether reflection of debt in a balance sheet is ‘acknowledgement of #debt’ for the purpose of Section 18 of the #Limitation Act 1963 (Limitation Act).
To read more, please visit the link below:
#debt #default #nclat #limitation
The Special Judge (SPE/CBI), Thiruvananthapuram has passed a verdict on 23-12-2020 in the infamous #SisterAbhaya #Murder case, namely, Central Bureau of Investigation (CBI), ACB, Cochin vs Father Thomas read more
The Special Judge (SPE/CBI), Thiruvananthapuram has passed a verdict on 23-12-2020 in the infamous #SisterAbhaya #Murder case, namely, Central Bureau of Investigation (CBI), ACB, Cochin vs Father Thomas Kottoor and Sister Sephy, 28 long years after the incident happened.
To read more, please visit the link below:
#murder #cbi #sisterabhaya #kottayam #verdict
The object of the #Arbitration and Conciliation Act, 1996 (the ‘Act, 1996’) is to provide an #alternative redressal mechanism to resolve the #disputes and to reduce the intervention and burden on the read more
The object of the #Arbitration and Conciliation Act, 1996 (the ‘Act, 1996’) is to provide an #alternative redressal mechanism to resolve the #disputes and to reduce the intervention and burden on the #courts in India. However, the Act does not specify disputes which are #arbitrable in India and it is the courts who decide this contested issue on a case-to-case basis.
To read more, please visit the link below:
#tenancy #lease #arbitrable #arbitration #specialstatute #supremecourt
NRI's Power of Attorney to sell property in India- By Kishan Dutt Kalaskar There might be numerous occasions in an individual's life wherein he may read more
NRI's Power of
Attorney to sell property in India
-
By Kishan Dutt Kalaskar
There might be
numerous occasions in an individual's life wherein he may be required to manage
assets, properties, financial balances, and so forth, however,under certain
circumstances, he may not be in the right condition to fittingly execute
his/her obligations because of unanticipated conditions like being sick, being
abroad (in the event of an NRI) or the individual is too old to perform his
obligations. Therefore, during conditions where a monetary exchange must be
completed, in situations where the presence of the individual who cannot show
up actually, at that point the primary arrangement towards this is to delegate
his powers, i.e., to act on behalf of the person. This procedure of delegation
of power is called Power of Attorney (POA).An unanticipated circumstance where
the legitimate proprietor cannot use his capacity is the point at which a Power
of Attorney deed is executed. This practice is exceptionally famous for
transferring one's powers to a trustworthy and honourable individual to direct
activities like sale, leasing, registrations and so forth given that individual
is busy or unavailable.
Suppose you are a
non-resident Indian and need to lead the immense monetary exchange in India,
for example, selling the property. In that case, this could turn into a huge
problem if one needs to make a trip to India and back at all times. There is a
simpler and straightforward answer to this. By drawing up the Power of Attorney
for the non-resident Indians to sell their property in India, one can
undoubtedly complete their exchange without in a real sense heading out to
India. A power of attorney to sell property in India is not complicated.
Notwithstanding, in
2011, the Supreme Court of India in a landmark judgment saw that transferring
property title through a General Power of Attorney (GPA) is illicit. Be that as
it may, before learning the legitimateness of the Supreme Court request let us
comprehend the idea of a Power of Attorney.
What is a Power of
Attorney?
A Power of Attorney is
an authorization granted by a written formal instrument whereby an individual
named as the principal/donor authorizes another individual named as the
attorney/agent/donee to act on his/her benefit. In India, a power of attorney
is utilized by numerous property purchasers to help them with transactions
engaged with purchasing a home. It could incorporate a capital acquisition of
the place that is known for home, renting, selling the property or the home
loan. When purchasing a home, a person should hire a dependable and reliable
power of attorney who can assist an individual with the buy procedures. The POA
is frequently utilized by NRIs hoping to purchase property in India. In the
simplest terms, it is the power (right) that an individual (Principal) awards
to an attorney (a legal representative). A principal-legal representative
relationship is established between the two, and the acts of the legal
representative would bound the Principal. For example, suppose an individual
has bought a property in India and cannot be physically present to handle the
registration. In that case, he can assign these rights/obligations to any
family member/companion through a registered power of attorney.
Kinds of POA
Special POA: In a special POA, a
power of attorney is confined and restricted to a particular purpose. A special
POA might transaction-specific, and the POA ceases on the culmination of a
transaction.
General POA: Under a general POA,
expansive powers are allowed to the representative to make decisions in the
interest of the Principal. Additionally, the representative can likewise
complete the different activities for the benefit of the Principal with no
impediment on transactions.
Durable POA: A durable POA stays
effective for a lifetime except if it is expressly revoked. A particular
condition can be inserted in the document, expressing that the representative's
capacity would stay legitimate regardless of whether the Principal gets
incapacitated.
Usage of Power of
Attorney
Even before the
COVID-19 pandemic, frequently travelling was impossible for some NRIs, in light
of their jobs, occupied timetables and even affordability. Thus, the majority
of them utilized the power of attorney instrument to lead different
organizations in the nation of their origin. Under this legal course of action,
one can endow anybody to represent them to conduct specific businesses on their
behalf. Regardless of whether the NRI can return to India to make the purchase,
eventually, they need to employ a legal representative, for asset management
purposes. Utilizing the POA instrument, an NRI can conduct different real
estate-related organizations in India, including sale, purchase, leasing, mortgaging,
etc. Additionally, if a property is together held, it very well may be hard for
all the co-owners to present themselves and complete an exchange. Via granting
a POA to one individual, the joint owners can move ahead without any
issues.
Power of Attorney in
Real Estate:In Real Estate, a
power of attorney plays a critical function in the transaction of the buy or
sale of a home. For a long time, the authority of the POA was mishandled as
they were utilized to avoid the payment of a capital gains taxwhich led to the
investment of black money. In light of this issue, the Supreme Court passed a
law expressing that POA should just be utilized for genuine transactions and
not for the transfer of the title or right to someone else or property. On the
other hand, any POA that is assigned to help with the exchanges of the property
should be registered with a sub-recorder who is situated in the jurisdiction
where the purchaser lives. If the home-purchaser is an NRI, the POA picked
should be certified by the consulate of the nation they live in.
What are the basic
provisions in a Power of Attorney?
While initiating a
Power of Attorney, it is fundamental to cover explicit mandatory provisos
relying on the kind of power of attorney that is being made. Coming up next are
the basic provisos that must be remembered for a Power of Attorney deed:
·
Complete details of the Principal/donor making the Power of
Attorney like his name, age, address as well as his present occupation.
·
Important information of the agent/attorney/donee that is the
individual who is getting the authority.
·
The reason to grant the power to someone else must be clarified
and be legitimate.
·
The time, a date just as the place of making the Power of
Attorney deed and its execution date also (date from which the Power of
Attorney comes into force).
·
If the Power of Attorney is time-bound, at that point, the
planned date of the end of the Power of Attorney and on the off chance that
there is no mention of the limit of the same it is to be referenced whether the
Power of Attorney is durable or non-durable.
·
Suppose there should arise an occurrence of a general power that
is being granted. In that case, the Deed must specify the complete details of
all the acts as well as the areas of allowing the said power. For example, if a
general power about a property is granted, at that point, the Principal can
grant the ability to lease or purchase any property while not being authorized
to sell any of the properties.
·
In the event of extraordinary power, the grant of the particular
duty/assignment that should be performed by the agent/attorney must be
specified in the Deed.
·
The Deed should likewise indicate the time limit of the special
power within which the obligation must be finished.
How can a Power of
Attorney be executed in India ?
If an NRI is available
in India, he could execute the POA from India itself, before travelling to
another country -
Stage 1: The NRI needs
to get the ideal matter of the POA drafted and composed on non-legal stamp
paper of good worth which is by and large Rs 100.
Stage 2: Along with
the legal representatives and two witnesses, the individual is needed to visit
the Sub-Registrar's Office.
Stage 3: It should be
guaranteed that all the people setting off to the Sub-Registrar's Office are
conveying their valid identity proof. Copy of the POA, alongside the first
duplicate, should likewise be brought.
Stage 4: At the
Sub-Registrar's office signatures, photos and fingerprints of the gathering
will be gathered.
Stage 5: Now, a person
needs to gather the registered POA on the due date from the Sub-Registrar's
Office. It may take three-five days after the formalities have been
finished.
Consider the
possibility that you are outside India.
On the off chance that
you are settled abroad and won't have the option to visit India, you may
execute a POA from the nation of your residence through the Indian
Embassy/Consulate. There are two different ways to execute a POA from abroad:
Legalization: For this situation,
signatures of the notary or judge before whom the POA is executed are needed to
be verified by the appropriately authorized representative of the Indian
Embassy/Consulate. As indicated by Section 3 of the Diplomatic and Consular
Officers (Oaths and Fees) Act, 1948, notarizing a deed from an approved
official of the Indian Consulate/Embassy would be viewed as a legitimate public
accountant. Such a POA is not needed to be stopped at the hour of execution. Be
that as it may, it should be stamped within three months from the date of
receipt of the POA in India. Stamp obligation would be payable as indicated by
Section 2(17) read with Schedule-I of the Indian Stamp Act, 1899, when the Deed
is presented for registration in India.
Apostallisation: The Deed of POA
executed external India is demonstrated through an apostallisation cycle which
is administered by The Hague Convention, 1961. Otherwise called super
legalization, an apostille is a certificate which affirms and checks the
signature/seal of the individual who authenticated the document. Be that as it
may, this Deed, as well, requirements to follow Indian laws, for example, the
Indian Registration Act, 1908, and the Power of Attorney Act, 1882. A person
likewise needs to pay the stamp obligation on this.
Regulation of Power of
Attorney: A
POA paper should be interpreted to incorporate all the vital powers for its
execution. The POA must be given a strict interpretation, and no additional
rights should be interpreted except if they are explicitly referred. For
example, if the POA refers to "option to rent", the "option to
sell" cannot be credited to it.
The representative
needs to act inside his scope and cannot bind the Principal by his acts which
are beyond his power. As an NRI, you cannot be sued or considered answerable
for the extortion of the agent, except if it is demonstrated that the
misrepresentation was done in intrigue with you.
Repudiation of Power
of Attorney
Suppose the Principal
feels that the legal representative is abusing power allowed to him or cannot
appropriately discharge the duties allotted to him. In that case, he has the
choice to renounce the POA. Repudiation may likewise be required if the
Principal thinks that now he is in a situation to deal with his assets.
How to deny a Power of
Attorney?
·
You may deny a POA during your lifetime.
·
POA is additionally renounced when the Principal dies or gets
insane or is declared insolvent.
·
POA can be revoked on commonly agreed terms between the
Principal and the representative.
·
A POA is repudiated when the particular exchange for which it
was executed has been accomplished.
Revocation of POA must
be conducted in a similar way in which it was executed. If the POA was
registered with the Sub-Registrar, you need to get it revoked from a similar
office. Likewise, the representatives and the parties concerned should be
appropriately educated about the cancellation of the POA. If the interests of
an enormous number of individuals are included, it is suggested that a
notification be distributed in a paper. A notification about the repudiation of
the POA could likewise be posted on the property where it tends to be obvious
to the general public.
Court precedent
There have been
numerous situations where individuals resort to property deal through POA to
evade instalment of stamp obligation, which is illegal. Besides, selling
properties where the proprietor has just right over possession, and no right
over ownership through POA is additionally illegal. A fair exchange of title
and proprietorship cannot occur if the deal is done through a POA and not using
a sale deed.
The Supreme Court of India
in 2011 announced that "a power of attorney is not an instrument of
transfer concerning any right, title or interest in an immovable
property". Following the equivalent, the Indian Apex court coordinated the
metropolitan bodies not to change or register properties dependent on such
archives. The Supreme Court, notwithstanding, restored those legitimate
exchanges that have been brought out through GPA would be lawful.
The court additionally
stated, "Nothing keeps influenced parties from getting registered deeds of
conveyance to complete their title. The said exchanges may likewise be utilized
to acquire explicit execution or to protect ownership under Section-53 An of
the Transfer of Property Act, 1882."
Because of this
Supreme Court order, various states across India disallowed the registration of
properties that were sold through a GPA. Besides, this landmark judgment of the
Supreme Court has just assisted with limiting the free progression of black
money somewhat in the real estate in India, where property titles are
controlled way time and again. Other than this, because of this, a ton of
property exchanges where costs were rounded off till now will be
influenced.
Notwithstanding, after
a total restriction on such properties was forced, the Delhi government at long
last consented to allow registration of properties for the legitimate
proprietor's spouses, children, siblings as well as any other family member or
individual of trust of the enlisted proprietor.
Conclusion
As an NRI living abroad, it is frequently difficult to keep steady over the procedures of your new home and dive into the basic essential details of the buy or sale. Consequently, allotting a POA is not just practical yet additionally accorded protection. If a new rule imposed by the government or property developer, you may be required to sign some documents and your POA can sign them on your behalf. Alternatively, if you are the victim of fraud during the real estate dealings, you POA can be presented as evidence in court. The way toward naming a POA is basic and direct, and as an NRI, it is emphatically suggested that you select one in your nation of origin to fill in as your delegate for any land exchanges.
The author of this blog/Article
is Kishan Dutt Kalaskar, a Retired Judge and practising advocate
having an experience of 35+ years in handling different legal matters. He
has prepared and got published Head Notes for more than 10,000 Judgments
of the Supreme Court and High Courts in
different Law Journals. From his
experience he wants to share this beneficial information for the individuals
having any issues with respect to their related matters .
The Arbitration and Conciliation Act 1996 (#ArbitrationAct) has gone through a number of #amendments to make India more international-arbitration-friendly. The most recent being the Arbitration and Conciliation read more
The Arbitration and Conciliation Act 1996 (#ArbitrationAct) has gone through a number of #amendments to make India more international-arbitration-friendly. The most recent being the Arbitration and Conciliation Ordinance, 2020 that came into force on 4th November, 2020.
To know more, please visit the link below:
http://www.theindianlawyer.in/blog/2020/12/21/arbitration-in-india-2020/
#arbitration #supremecourt #delhihighcourt #amendment

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e. In the event where the Client fails to make payment of the balance amount within 30 days from the date of upload , the Registered Consultant shall receive the advance amount paid by the Client without any interest in the next time cycle after the lapse of 30 days.
S-1.4 Credit Card Fraud.
We will not bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorised use of a third party's credit card information) occurring in connection with Your Transactions. We may in our sole discretion withhold for investigation, refuse to process, restrict download for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Documents/ Advices if we ask you to do so. You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.
S-2. Transaction and Fulfilment, Refunds and Returns
S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
1. Fulfilment by Registered User/ Consultant - In the event of Client seeking consultation, Registered User/ Consultant has to ensure the quality of the product and as per the requirement of the Client and if its not as per client, it will not be SoOLEGAL’s responsibility and it will be assumed that the Registered User/ Consultant and the Client have had correspondence before assigning the work to the Registered User/ Consultant.
2. Fulfilment by SoOLEGAL - If the Registered User/ Consultant has uploaded the Documents/ Advice in SoOLEGAL Site, SoOLEGAL Authorised personnel does not access such Documents/ Advice and privacy of the Client’s Documents/ Advice and information is confidential and will be encrypted and upon payment by Client, the Documents/ Advice is emailed by SoOLEGAL to them. Client’s information including email id will be furnished to SoOLEGAL by Registered User/ Consultant.
If Documents/ Advice is not sent to Client, SoOLEGAL will refund any amount paid to such Client’s account without interest within 60 days.
3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
4. SoOLEGAL will remit the fees (without any interest) to its Registered User/ Consultant every 15 (fifteen) days. If there is any discrepancy in such payment, it should be reported to Accounts Head of SoOLEGAL (accounts@soolegal.com) with all relevant account statement within fifteen days from receipt of that last cycle payment. Any discrepancy will be addressed in the next fifteen days cycle. If any discrepancy is not reported within 15 days of receipt of payment, such payment shall be deemed accepted and SoOLEGAL shall not entertain any such reports thereafter.
5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
YOU HAVE AGREED TO THIS TRANSACTION TERMS BY CLICKING THE AGREE BUTTON