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The Conflict In Interpreting Statement U/S 65B Of Indian Evidence Act, Between Shafhi Mohammad, Tomaso Bruno And Basheer ended In Arjun Panditrao Khotkar Versus Kailash Kushanrao Gorantyal And Ors. By read more
The Conflict In Interpreting Statement U/S 65B Of Indian Evidence Act, Between Shafhi Mohammad, Tomaso Bruno And Basheer ended In Arjun Panditrao Khotkar Versus Kailash Kushanrao Gorantyal And Ors. By Hon’ble Supreme Court of India, Larger Bench
To settle the two different interpretations between Anvar
P.V. v. P.K. Basheer & Ors. (2014) 10 SCC 473 and Shafhi Mohammad v. State
of Himachal Pradesh (2018) 2 SCC 801, the mater was referred to larger Bench of
Hon’ble Supreme Court of India. We all were waiting for the verdict to come which
would rest in peace the two completely different approaches of interpretation
of “may be” clause in section 65A that is whether statement u/s 65B of Indian
Evidence Act is mandatory or not and this Judgement (Arjun
Panditrao Khotkar Versus Kailash Kushanrao Gorantyal And Ors) solves many controversies regarding presentation,
relevancy and admissibility of electronics evidence in Court room.
In the following paragraphs I have tried to understand the gist of this recent
landmark judgement which are as follows:
(i). The judgement in Tomaso Bruno being per incuriam does not lay down the law correctly and the judgement reported as (2018) 5 SCC 311 and Shafhi Mohammad do not lay down the law correctly and are hereby overruled.
(ii). The certificate under Section 65B(4) is
unnecessary if the original document itself is produced. If the owner
proves a laptop, computer, computer tablet or a mobile phone
owned or operated by him, bringing the same in the witness-box, on which the
original information is first stored, the requirement of the statement or the
certificate u/s 65B(4) is unnecessary.
(iii). On the other
hand, where the computer is part of a computer system or computer network and
bringing the said system or network before the court is impossible then
providing the information contained in such electronic record can only
be in accordance with section 65B(1) along with requisite certificate u/s
65B(4) of Evidence Act. Hence, in that situation the clarification made in Paragraph
24 of Anvar P.V. v. P.K. Basheer does not required to be revisited.
(iv). The direction
issue in Paragraph 62 of Arjun Panditrao Khotkar Versus Kailash Kushanrao Gorantyal And
Ors. judgement
shall hereafter be followed by the court dealing with electronics evidence till
rules and directions u/s 67C of I.T. Act and data retention conditions are
formulated for compliance by telecom and internet service providers. In Paragraph
62, general directions are issued to cellular and internet service providing
companies to maintain CDRs and other relevant records for the concerned periods
in tune with section 39 of evidence act in a segregated and secure manner if a
particular CDR or other records is seized during investigation in the said
period. Concerned parties can then summons such records at the stage of defence
evidence or if such data is required to cross examine a particular witness. The
above direction in criminal trials be applicable till appropriate directions
are issued under various relevant terms of the applicable license or u/s 67C of
I.T. Act.
(v). Appropriate
rules and directions should be framed by exercising powers such as 67C of I.T.
Act and framing suitable rules for retention of data involved in trial of
offences, there segregation, rules of chain of custody, stamping and record
maintenance. for the entire duration of trials and appeals and also in case of
preservation of meta-data to avoid any corruption of data.
(vi). Lastly, “appropriate rules for preservation, retrieval and production of electronic record, should be framed as indicated earlier, after considering the report of the Committee constituted by the Chief Justice’s Conference in April, 2016.”
Finally, Hon’ble Supreme Court of Indian, concludes in the following celebrated way:
“46. It will be clear from the above discussion that the major jurisdictions of the world have come to terms with the change of times and the development of technology and fine-tuned their legislations. Therefore, it is the need of the hour that there is a relock at Section 65B of the Indian Evidence Act, introduced 20 years ago, by Act 21 of 2000, and which has created a huge judicial turmoil, with the law swinging from one extreme to the other in the past 15 years from Navjot Sandhu31 to Anvar P.V.32 to Tomaso Bruno33 to Sonu34 to Shafhi Mohammad.35 ”
Now on analysis some issues are coming up which are as follows:
i) Not all the time the people will come before Court with clean hand and there
may be cases where the litigant will come with devises with evidence already
modified and what will be their point of reliability, especially when the
Central Forensic Laboratories are not willing to accept the request for
extraction of data or providing expert report with the suspected devices with a
plea that they are over-burden.
ii) Will the ISP or MSP will make necessary arrangements to preserve their data
in their original form till the completion of trail or appeal what is
applicable?
iii) This judgement will help compel the stake-holders to come with appropriate
rules under 67C of IT Act and materialist a draft rule in dealing with
electronic evidence as it is high time to have a comprehensive rule for
us to dispel all types of confusion in dealing with electronic evidence in
Court room.
iv) A comprehensive rule in the wake of the provision of section 79A of
IT Act(making arrangement for Examiner of Electronic Evidence) is highly
required for assistance of various learned Courts throughout the country.
Do you agree with my view? Let me know your view regarding this landmark judgement and its effect in our day to day life and or you can send your queries/doubts regarding the electronic evidence laws in our country in this comment section.
(Source: Judgement by The Hon’ble Supreme Court Of India In Civil Appeal Nos. 20825-20826 Of 2017 Arjun Panditrao Khotkar Versus Kailash Kushanrao Gorantyal And Ors., With Civil Appeal No.2407 Of 2018 and Civil Appeal No.3696 Of 2018)
Entire Judgement of Hon'ble Supreme Court of India
Mobile App on Electronic Evidence
A life insurance policy is generally taken by someone to ensure that their family remains financially independent after the policyholder dies in case of sudden misfortune. But it gets very challenging read more
A life insurance policy is generally taken by someone to ensure that their family remains financially independent after the policyholder dies in case of sudden misfortune. But it gets very challenging for the family to deal with such an unforeseen situation and to the lose only financial security in the form of insurance policies due to the absence of suicide from being covered by the policy measures only increases the difficulties of the family. So, the insurance regulator IRDAI (Insurance Regulatory and Development Authority of India) has incorporated changes to the suicidal provision that have been in effect since 1 January 2014.
As per the World Health Statistics 2019 published by World Health Organization (WHO), India’s suicide rate in 2016 was 17.8 per 100,000 people, much higher than the global suicide rate of 10.5 and the causes of suicide deaths in India have indeed been linked to factors such as economic debt, mental issues, education and lower fertility rates.
In the case of Faquir Singh v. Union of India AIR 2002 J&K 62, an insured person died due to the use of a rope around the neck that caused cardiac failure. The court held that it was inappropriate to deny the benefit of postal insurance to the father of the insured whose death occurred as a result of committing suicide.
In case of Northern India Assurance Co. v. Kanhayala,(1938) Lahore High Court, 561, the insured person committed suicide within 13 months. So, the court held that committing suicide is not a felony in India and the benefit of postal insurance were to be given to the family.
As life insurance policies focus on providing suicidal death coverage after a period of one year. However, if the policyholder commits suicide before a time frame of one year, then the nominee may not be able to benefit from the full amount of insurance. Rather, the insurer may need to provide the family with a benefit equal to a certain percentage of the premium paid during the term of the policy.
However, all this vary depending on the terms of policy. The restriction on payment of the amount insured in cases of suicide before the end of 12 months helps insurance companies to prevent insurance fraud. There may be instances where the insured person has incurred a huge debt and wants to get out of this circumstance first by purchasing insurance policy and then committing suicide.
Conclusion
The sole reason for offering suicidal death insurance is to assist the emotionally devastated family members by paying them a certain amount (as per the clauses) out of the premium paid by the departed family member. If the insured person commits suicide within 12 months of the issue of the policy term, the nominee is not allowed to obtain full death benefits, but the insurer can only pay the nominee a benefit equal to a certain percentage of the premium paid during the policy term by the policyholder. Likewise, if the policyholder commits suicide within 12 months from the date of the planned renewal, the nominee shall receive just 80 per cent of the premiums paid as a death benefit.
My views on article 370 and associated Presidential orders. http://www.vedyapartners.com/legal-updates/04/article-370-past-present-the-flux-all-around-it/
My views on article 370 and associated Presidential orders.
http://www.vedyapartners.com/legal-updates/04/article-370-past-present-the-flux-all-around-it/
In this app there are practical discussion on what a common man do to save his or her life from the dangerous effect of cyber crimes which is increasing day by day. The awareness is the most important read more
In this app there are practical discussion on what a common man do to save his or her life from the dangerous effect of cyber crimes which is increasing day by day. The awareness is the most important way to save our life. This App also discuss on cyber forensics, obscenity, investigation data privacy, bitcoin, net baking issues and cyber security all in Hindi so that the people in Indian can easily understand and do the needful.
I have also included the latest amendment that is in Finance Act, 2017. All the section starting from 1 to 94 have been clearly explained in Hindi. All the chapters starting from 1 to 13 including 12A are detailed here discussed. I have searched a lot about the Hindi version of amendment law of 2017 in Hindi and unable to obtain that tried to translate the same in Hindi which is included with the entire act.
The first first button from the top in the main activity will take one to a gist of cyber laws in India including some tips as to how one be secured in the cyber world. The third button will lead one to various chapters of the Information Technology Act in Hindi. Clicking on chapter we can read the various provisions under the said chapters in Hindi. Second chapter is on the latest information of law Bitcoin and cryptocurrencies in India.From four various important chapters provide us a insight knowledge on issues related to cyber world, data privacy, cyber security and admissibility of electronic evidence in court room.
The second last button provides us a gist in table format as a ready reference to various types of cyber crimes and their penal provisions.
The last button from the bottom will lead one to my YouTube page wherein I have uploaded various videos on cyber laws in English, Bengali and Hindi Language which will help as further source of information in the subject. Be it noted that in this app I have not provided any legal advise and only a humble attempt to discuss some issues which in my opinion are important.
The details of the provisions are given under various chapters in the application. This is the first version of the App and some typo error or other unintentional errors might have occurred which can be taken care of in the subsequent version.
Through this app the author has not provided any advice or that sort. For details further reference in this regards are preferred. For any suggestion any is welcome at bivas.chatterjee@gmail.com. I am also available at
1) http://www.youtube.com/BivasChatterjee
2) https://www.linkedin.com/bivaschatterjee
3) https://twitter.com/cybercrimemanua
In this app in Hindi there are practical discussion on what a common man do to save his or her life from the dangerous effect of cyber crimes which is increasing day by day. The awareness is the most important way to save our life. This App also discuss on cyber forensics, obscenity, investigation data privacy, bitcoin, net baking issues and cyber security all in Hindi so that the people in Indian can easily understand and do the needful.
This app deals in the followings:
1) How to be safe against cyber crimes/incidences
2) Bitcoin/Cryptocurrencies and Block chain
3) Information Technology Act with latest amendments
4) Cyber security and Cyber Terrorism
5) Cyber pornography and its laws
6) Admissibility of electronic evidence in Courts
7) Electronic Documents and Electronic signature
8) Cyber/Digital Forensics
9) Cyber Crime Investigation
10) Data privacy/ Hacking / Net Banking Frauds
11) Links to provides access to my YouTube channel containing various videos related to cyber laws etc.
Cyber Crime and Cyber Law in Hindi [Latest] | हिंदी में साइबर कानून | Mobile App on Cyber Law
In the recent times, it has been observed that a number of alleged #criminals have been killed in #police #encounters in India. Most recently, an infamous gangster, namely, #VikasDubey, was reportedly read more
In the recent times, it has been observed that a number of alleged #criminals have been killed in #police #encounters in India. Most recently, an infamous gangster, namely, #VikasDubey, was reportedly killed in an encounter by the #UttarPradesh (UP) Special Task Force (STF) on 10-07-2020, when the vehicle of the police convoy in which he was being brought to #Kanpur, overturned and he tried to flee.
To read more, please visit the link below:
#encounter #police #uttarpradesh #criminals #death #grievousinjury #vikasdubey #lawyered #getlawyered
In the recent times, #courts have allowed service of #LegalNotices by #Email. In a more recent development that happened this week, the Hon’ble Supreme Court of India enlarged the scope of #digital service read more
In the recent times, #courts have allowed service of #LegalNotices by #Email. In a more recent development that happened this week, the Hon’ble Supreme Court of India enlarged the scope of #digital service of notices and #summons by stating that notices and summons could now be served on parties through Email, #Fax and instant messaging application such as #WhatsApp.
To read more, please visit the link below:
#whatsapp #fax #email #supremecourt #legalnotice #summons #lawyered
Mutual Consent Divorce through Video ConferencingMutual Consent Divorce is an easy way of coming out of the matrimony and dissolve it legally. When the spouse (husband and wife) read more
Mutual Consent Divorce through Video Conferencing
Mutual
Consent Divorce is an easy way of coming out of the matrimony and dissolve it
legally. When the spouse (husband and wife) agree to take a divorce, the courts
will consider as a mutual consent divorce. For the petition to be accepted,
however, the spouse should be separated for more than a year or two years. They
can be separated when the couple, still agree for mutual divorce because it is
comparatively inexpensive and not as troubling as a contested divorce. The
issues related to children's custody, alimony or maintenance and property
rights can be agreed mutually too.
According
to the law, there is no minimum or maximum limit of maintenance, and the child
custody can be shared or joint depending
upon the mutual comprehension
of the couple.
The
number of matrimonial cases filed per year in India is a lot more when compared
to other countries. Delhi has 11,862 pending matrimonial cases. The courts
disposed of more than 24,000 cases in the last two years. Kerala tops the list
with 52,000 cases awaiting adjudication till November 2016. On the contrary,
Uttar Pradesh has just 5,466 cases pending in its 76 family courts. This not
only increases the burden on the courts, but it also delays the cases which are
urgent and require speedy disposal. Due to the increasing number of cases, the
need to use the technology to dispose of such cases was realized by the courts.
Video-conferencing is one of the modern ways which can help people to get
speedy trials and on the other hand, the court, the judges and the litigants
can enjoy less burden of matrimonial cases.
Video
conferencing is a comparatively new tool in the arsenal of the judiciary, the
aim of the same is to make the availability of witnesses and parties to the
suit more pragmatic, as discussed in the matter concerning the Indian
Planned Parenthood Federation in the Delhi HC, where the two-judge bench of
J. Bader Durrej Ahmed and J. Sanjeev Sachdeva; The Hon'ble justices have
referred to this pragmatisms in light of the specific appeal of the party in
requesting the recording of the testimony of one of the witnesses via video
conferencing. This seminal decision in the Delhi HC has been backed by the SC
in State of Maharashtra v Dr. Praful Dubey AIR 2003 SCC 601 where
the application of Sec, 273 of CrPC was discussed and held that the meaning of
the term 'Presence' as used in the section refers not to the physical presence,
but the general availability of the witness to the court, and since presence in
this modern era can be guaranteed even without the physical existence of a
party, video conferencing is an agreeable replacement to the physical attendance
of the party to court. In both these cases, the court held financial ability
and capacity to appear as a secondary reason and argued that there is no set
reason why online attendance for a court procedure could be granted, although
the text is obvious enough to exclude laxity. It is to be noted that the cases
are criminal appeals in the respective HCs, and the interpretation focuses on
interpretation in CRPC, but it is equally important to note that the term 'presence'
can be superposed in civil matters as well, and thereis nothing in the way of
applying the same to family court procedure.
History of divorces
through video-conferencing
Divorce
cases may be fought on video in future rather than in crowded courtrooms amidst
strangers. Krishna Veni Nagam vs Harish Nigam 2017, changed the way through
which the courts use to start proceedings of the matrimonial cases. The case
was regarding a woman who filed a petition in the court stating that, she lives
in Hyderabad with her minor daughter and has to travel to Jabalpur where her
estranged husband has filed a divorce case. The bench which had Justice A.K
Goel and UU Lalit allowed the petition and transferred the divorce matter from
Jabalpur to a family court in Hyderabad, noting that the plea was pending
before it for three years. With this, the court observed that just transferring
a case from one place to another is not a solution. The court said,"This
court is flooded with petitions of this nature and considering the convenience
of the wife, a transfer is normally allowed. However, in the process, the
litigants have to travel to this court and spend on litigation. Question is
whether this can be avoided." The bench observed that one could not ignore
the problem faced by a husband if proceedings are transferred on account of
genuine difficulties faced by the wife. The husband may find it difficult to
contest proceedings at a place which is convenient to the wife. To combat this
situation, it was then that the Supreme Court decided to conduct these cases
through video conferencing, which not only saves money but is also more
convenient to both the parties involved in it. Taking this decision, the court
also said, technology ought to be utilized for receiving communication from
parties. We are thus of the view that it is necessary to issue certain
directions which may provide alternatives to seeking transfer of proceedings on
account of the inability of a party to contest proceedings at a place away from
their ordinary residence on the ground that if proceedings are not transferred,
it will result in denial of justice." When it was argued that, not every
place has the facility of Video calls, the court said, "We understand that
in every district in the country, video conferencing is not available. In any
case, wherever such facility is available, it ought to be fully utilized and
all high courts ought to issue appropriate administrative instructions to regulate
the use of video conferencing for a certain category of cases." This
decision was important and essential as it eliminates the need for the person
to be present personally in court. The court noted that a divorce case is
usually filed in a court within which jurisdiction the husband lives or the
wife lives or where the couple had their matrimonial home.
In
most cases, estranged couples may very well go their separate ways, probably to
other States. The Supreme Court found that the odds are usually stacked against
the estranged husband when the wife prefers a transfer of the matrimonial
proceedings to a court in her vicinity. When such a transfer application comes
up, the courts either order the husband to foot the wife's travel and
accommodation expenses or mechanically allow her plea. The judiciary justifies
that this empathy towards women is based on three factors — the constitutional
scheme to provide women equal access to justice, the power of the State to make
special provisions for women and children and duty to uphold the dignity of
women.
It
is also important to note that, this judgment was opposite to the case the
court had in the 2006 judgment in Anindita
Das versus Srijit Das. In the mentioned case, the Supreme Court had
insisted that transfer of the matrimonial case to the wife's place is a must
when she does not have "any male member to accompany her to the
matrimonial proceedings".
Current Stand of Divorces
through Video conferencing
After
the Supreme Court, allowed the divorces through video calls, the current
scenario of divorces remains the same and people do apply for divorces through
skype and video calls. In a recent case, Harshada
Bharat Deshmukh Vs. Bharat Appasaheb Deshmukh, ST. NO.1788 of 2018, the Bombay High Court has held that a petition for divorce through mutual consent can be filed
through a registered power of attorney and directed the Family Court, Bandra,
to allow recording of consent terms via Skype or any other technology. The
couple filed a petition before the Family Court for dissolution of marriage
through mutual consent under section 13 B of Hindu Marriage Act.
However, the petition was signed by the husband and the
father of the wife, who is also her registered power of attorney holder. The
family court under this held that both the parties must remain present, for
filing such a petition and the petition was dismissed on the same ground. Samir
Vadiya, the lawyer of wife, argued that his client was employed in the United
States of America and was unable to remain present due to employment rules and
regulations she was governed by. Vadiya also claimed that both the parties were
living separately for more than a year and the refusal of the petition on the
ground of non-presence is not valid. He placed reliance on a judgment of the
high court in Mukesh Narayan Shinde v Palak Mukesh Shinde to
submit that it is permissible for the family court in the light of
technological development to arrange for e-counselling and e-verification by
video conference. Furthermore, he also relied upon the judgment of
Punjab & Haryana High Court in Navdeep Kaur v Mahinder S Ahluwalia to
submit that personal appearance of the parties at the time of presentation of the
petition for divorce by mutual consent is not mandatory and the parties may be
represented through a duly constituted attorney. The same reasoning was used in the matter of J.
Kalpana v S. Sreenath that was filed before the Madras HC.
It is important to note that, in Sec. 13-B, the court
interpreted the words 'In the presence of the parties' in a literal sense, this
has led to courts having to think of workarounds in situations where the
parties are estranged, or in different jurisdictions.In the case of Kanwalijeet
Sachdev v State of UP(2016) 99 ACC 323, the Allahabad HC
followed the ration on Navdeep and agreed that alternativemethods, among
them, filing a mutual divorce petition through power of attorney, and remote
recording ofevidence etc. can be done to accommodate the party. Thereafter in
the HC of Calcutta, in Annalie Prashad v Ramesh Prashad AIR 1968 Cal
48 it was held that the strict interpretation of the presentation by parties
would imply accommodation rather than exclusion of evidence, this ratio has
been taken forward in division bench decision by the Delhi HC in Vinay Jude
Dias v Renajeet Kaur(2009) 186 Drj 183, here it was held that
the power of attorney can be used even in matters of mutual consent divorce, as
long as the other requirements have been fulfilled.
These cases establish that, divorce petitions do not require
the direct presence of the parties and that alternative solutions can be
sought. Courts have shown similar leniency in matters of party presence before
the court, in divorce matters, where the party for whom video conferencing is
needed is merely a witness as held in Sujoy Mittra v State of West Bengal(2015)
16 SCC 615, and this has been affirmed by the Kerala HC in the
matter of Zacharia Arun George Scaria In Re: Titus Mani Adv. 2013 SCC
Ker 169.
In the times of Covid-19, the domestic violence is on the
rise, and there is very little the government can do about the rehabilitation
of the victims, for this reason, it is not too farfetched to think that there
might be a spike in the number of petitions filed for separation and divorce
after courts return to full capacity. As the courts are only working online,
and are taking cases which are of urgent matters, the cases related to divorce
might not be heard as of now. However, lawyers suggest that the divorce cases,
which includes huge alimony and settlement amounts, will have to be revived and
amendments would be made, as the economic situation of every individual post
corona period is not going to remain same.
One downside is that most proceedings, except extremely
sensitive matters such as POCSO - Preventive Detention, Terror and related
matters, are public hearings; thus it means that the courtroom is open to the
public to venture into and view. Although it is common practice for parties in
sensitive divorce matters to request in-camera proceedings, it is not the norm.
Currently, due to the nature of video conferencing itself, most matters where
one or both parties deigns to attend through online means will automatically
render the proceedings in-camera.
Conclusion
Many
countries, apart from India, have also used digitalization to grant divorces to
couples who cannot remain present together in one particular State or country.
There have been many cases in which the parties give their consent for divorce
through video calls using Skype, WhatsApp and other online applications. This
not only saves time of both the parties, but it is also
the way through which hassle-free divorces takes place.
The
Indian Judicial System gave a landmark judgment in the year 2017 when it
permitted the mutual consent divorce through video conference. Video calls
allowance will alsohelp to save a lot of many, which is spent on travel by the
parties through one State to the another where the case is being heard. It has
also given equal rights to both the women and the men as neither party would have
to travel for trials of the cases. Furthermore, digitalization of the country
is important as the whole world is turning digital and to match with the same
pace is essential.
It
is also important to note that Family Court proceedings are more amenable to the
collection of both testamentary and material evidence through electronic means,
this is because standard evidentiary rules don't apply to family courts due to
the application of the Family Courts Act 1984. Hence, any testamentary evidence
gathered through video conferencing will not face the usual hurdles of
admissibility specifically because the matter is posted before a family court.
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)
Bengaluru-560003
Mob: 9686971935
The lawyers across the continents in the past few months have been hit with a slew of #coronavirus related legal matters. This is not surprising given the scale and magnitude of the #diseases which is read more
The lawyers across the continents in the past few months have been hit with a slew of #coronavirus related legal matters. This is not surprising given the scale and magnitude of the #diseases which is indeed spreading like wildfire.
To read more, please visit the link below:
http://www.theindianlawyer.in/blog/2020/07/06/legal-remedies-for-corona-affected/
#coronacrisis #coronavirus #coronaviruspandemic #covid19 #lawyers #tenants #employees #employers #landlord #court #diseases #probono #supremecourt #lawyered
International Statistical Classification of Diseases and Related Health Problems 10th Revision (ICD-10) – WHO Version for 2016 (“ICD-10 Version: 2016”), under Chapter V ‘Mental and behavioural disorders read more
International Statistical Classification of Diseases and Related Health Problems 10th Revision (ICD-10) – WHO Version for 2016 (“ICD-10 Version: 2016”), under Chapter V ‘Mental and behavioural disorders (F00-F99)’ and ‘Disorders of adult personality and behaviour (F60-F69)’ laid down a category called ‘Gender identity disorders’. Till early 2019, Transsexualism featured under this category (F64.0) as a disorder and was defined as “A desire to live and be accepted as a member of the opposite sex, usually accompanied by a sense of discomfort with, or inappropriateness of, one’s anatomic sex, and a wish to have surgery and hormonal treatment to make one’s body as congruent as possible with one’s preferred sex.” Similarly, Dual-role transvestism (F64.1) i.e. “The wearing of clothes of the opposite sex for part of the individual’s existence in order to enjoy the temporary experience of membership of the opposite sex, but without any desire for a more permanent sex change or associated surgical reassignment, and without sexual excitement accompanying the cross-dressing” and Gender identity disorder of childhood (F64.2) which was defined as “A disorder, usually first manifest during early childhood (and always well before puberty), characterized by a persistent and intense distress about assigned sex, together with a desire to be (or insistence that one is) of the other sex. There is a persistent preoccupation with the dress and activities of the opposite sex and repudiation of the individual’s own sex. The diagnosis requires a profound disturbance of the normal gender identity; mere tomboyishness in girls or girlish behaviour in boys is not sufficient” also featured in the list of disorders but were removed from this category in 2019 after feedback and deliberations (For example, as reported, Denmark no longer defined being transgender as a mental illness and the Government officials said classifying transgender people as mentally ill was “stigmatising” and they had “run out of patience” with the World Health Organisation’s (“WHO”) work on the definition).
https://poshatwork.com/being-transgender-is-it-a-mental-disorder
According to WHO’s website, the ICD is the foundation for the identification of health trends and statistics globally. It is the international standard for defining and reporting diseases and health conditions. It allows the world to compare and share health information using a common language. About 70% of the world’s health expenditures (USD $ 3.5 billion) are allocated using ICD for reimbursement and resource allocation. The first international classification edition, known as the International List of Causes of Death, was adopted by the International Statistical Institute in 1893. ICD-10 was endorsed in May 1990 by the Forty-third World Health Assembly. It is cited in more than 20,000 scientific articles and used by more than 100 countries around the world (117).
ICD-11 (Version: 04 / 2019), removed the entire category of ‘Gender identity disorders’. Since the 2019 version, it is now considered as ‘Gender incongruence’ (also known as gender dysphoria) and a ‘Condition related to sexual health.’ Gender incongruence has been defined here as “characterized by a marked and persistent incongruence between an individual’s experienced gender and the assigned sex. Gender variant behaviour and preferences alone are not a basis for assigning the diagnoses in this group.” There is also a ‘Gender incongruence of adolescence or adulthood’ (HA60) which “is characterized by a marked and persistent incongruence between an individual´s experienced gender and the assigned sex, which often leads to a desire to ‘transition’, in order to live and be accepted as a person of the experienced gender, through hormonal treatment, surgery or other health care services to make the individual´s body align, as much as desired and to the extent possible, with the experienced gender. The diagnosis cannot be assigned prior the onset of puberty. Gender variant behaviour and preferences alone are not a basis for assigning the diagnosis” and ‘Gender incongruence of childhood’ (HA61) which “is characterized by a marked incongruence between an individual’s experienced/expressed gender and the assigned sex in pre-pubertal children. It includes a strong desire to be a different gender than the assigned sex; a strong dislike on the child’s part of his or her sexual anatomy or anticipated secondary sex characteristics and/or a strong desire for the primary and/or anticipated secondary sex characteristics that match the experienced gender; and make-believe or fantasy play, toys, games, or activities and playmates that are typical of the experienced gender rather than the assigned sex. The incongruence must have persisted for about 2 years. Gender variant behaviour and preferences alone are not a basis for assigning the diagnosis.”
The Diagnostic and Statistical Manual of Mental Disorders (DSM-V) was also revised by the American Psychiatric Association in 2012 to remove the term “gender identity disorder” and add the term “gender dysphoria.” As far as India is concerned, when BuzzFeedNews conducted a survey in 2016, it found that majority of respondents said they think transgender people “have a form of mental illness”. They also found that majority believed transgender people “have a form of physical disability.”
However, the Supreme Court of India, in the case of National Legal Services Authority vs. Union of India and others, Writ Petition (Civil) No. 400 of 2012 on 15th April, 2014 (“NALSA Judgment”) had held that “Self-determination of gender is an integral part of personal autonomy and self-expression and falls within the realm of personal liberty guaranteed under Article 21 of the Constitution of India” and therefore, “Self-identified gender can be either male or female or a third gender.” They did not consider it as a mental disorder. Further the recently passed Transgender Persons (Protection of Rights) Act, 2019, also under Section 4 states that a person recognised as transgender “shall have a right to self-perceived gender identity”.
In Navtej Singh Johar and Ors. vs. Union of India (UOI) and Ors., W. P. (Crl.) No. 76 of 2016, decided by the Supreme Court of India on 6th September 2018, the Supreme Court held that “gay persons and transgenders are not persons suffering from mental disorder…” It also referred to the Mental Healthcare Act, 2017 and stated that this law “throws a great deal of light on recent parliamentary legislative understanding and acceptance of constitutional values…” It referred to Section 2(s) of the Act which defines mental illness as “a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs, but does not include mental retardation which is a condition of arrested or incomplete development of mind of a person, specially characterised by subnormality of intelligence;” and stated that “This definition throws to the winds all earlier misconceptions of mental illness including the fact that same-sex couples who indulge in anal sex are persons with mental illness.”
The rights of Transgender Persons are discussed under the Transgender Persons (Protection of Rights Act), 2019. To understand more about the bill and the rights of TP kindly register to the webinar on Transgender Persons (Protection of Rights) Act, 2019: Duties of family, educational institutions and employers on 11th July, 5PM to 6:30 PM at SoOLEGAL through the below link: https://www.soolegal.com/event-registration/167
Recently, a Public Interest Litigation (#PIL) has been filed in the Supreme Court on or around 03-07-2020 seeking a direction that the #TamilNadu #ChiefMinister does not hold the portfolio of #HomeMinistry read more
Recently, a Public Interest Litigation (#PIL) has been filed in the Supreme Court on or around 03-07-2020 seeking a direction that the #TamilNadu #ChiefMinister does not hold the portfolio of #HomeMinistry till the completion of the investigation and trial in the alleged father-son #custodialdeath in Tamil Nadu.
To read more, please visit the link below:
#custodialdeath #pil #publicinterestlitigation #tamilnadu #Bennicks #Jeyaraj #lawyered
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The SoOLEGAL Payment System Service ("Transacting on SoOLEGAL") is a Service that allows you to list Documents/ Advices which comprise of advice/ solution in the form of written communication to your Client who seeks your advice/ solution via SoOLEGAL Site and such Documents/ Advices being for Transaction directly via the SoOLEGAL Site. SoOLEGAL Payment Service is operated by Sun Integrated Technologies and Applications . TheSoOLEGAL Payment System Service Terms are part of the Terms & Conditions of SoOLEGAL Services Transaction Terms and Conditionsbut unless specifically provided otherwise, concern and apply only to your participation in Transacting on SoOLEGAL. BY REGISTERING FOR OR USING SoOLEGAL PAYMENT SYSTEM , YOU (ON BEHALF OF YOURSELF OR THE FIRM YOU REPRESENT) AGREE TO BE BOUND BY THE TRANSACTIONS TRANSACTION TERMS AND CONDITIONS.
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S-1.2 Documents/ Advices Listing; Merchandising; Order Processing. We will list Your Documents/ Advices for Transaction on the SoOLEGAL Site in the applicable Documents/ Advices categories which are supported for third party REGISTERED USERs generally on the SoOLEGAL Site on the applicable Transacting Associated Properties or any other functions, features, advertising, or programs on or in connection with the SoOLEGAL Site). SoOLEGAL reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the SoOLEGAL Site. We may use mechanisms that rate, or allow users to rate, Your Documents/ Advices and/or your performance as a REGISTERED USER on the SoOLEGAL Site and SoOLEGAL may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions. Transactions Proceeds will be paid to you only in accordance with Section S-6.
S-1.3 a. It is mandatory to secure an advance amount from Client where SoOLEGAL Registered Consultant will raise an invoice asking for a 25% advance payment for the work that is committed to be performed for the Client of such SoOLEGAL Registered Consultant. The amount will be refunded to the client if the work is not done and uploaded to SoOLEGAL Repository within the stipulated timeline stated by SoOLEGAL Registered Consultant.
b. SoOLEGAL Consultant will be informed immediately on receipt of advance payment from Client which will be held by SoOLegal and will not be released to either Party and an email requesting the Registered Consultant will be sent to initiate the assignment.
c. The Registered Consultant will be asked on the timeline for completion of the assignment which will be intimated to Client.
d. Once the work is completed by the consultant the document/ advice note will be in SoOLEGAL repository and once Client makes rest of the payment, the full amount will be remitted to the consultant in the next payment cycle and the document access will be given to the client.
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:
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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.
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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.
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