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The #SupremeCourt has in a recent case of D. Devaraja vs Owais Sabeer Hussain passed a #Judgment dated 18-06-2020, where the Court held that when any person files a #complaint against a #publicservant, read more
The #SupremeCourt has in a recent case of D. Devaraja vs Owais Sabeer Hussain passed a #Judgment dated 18-06-2020, where the Court held that when any person files a #complaint against a #publicservant, say, a #judge or #policeofficer, etc, accusing him of any #offence committed during the discharge of his #officialduties, the courts shall take #cognizance of such offence, only if there is a prior #sanction of the #Government.
To read more, please visit the link below:
#sanction #government #publicservant #crpc #karnataka #police
The #SupremeCourt of India recently clarified vide #Judgment dated 18.06.2020 in the case of Surendra Kumar Bhilawe V. The New India Assurance Company Limited [Civil Appeal No. 2632 of 2020] that ‘#owner’ read more
The #SupremeCourt of India recently clarified vide #Judgment dated 18.06.2020 in the case of Surendra Kumar Bhilawe V. The New India Assurance Company Limited [Civil Appeal No. 2632 of 2020] that ‘#owner’ means the person in whose name the motor vehicle stands registered under the #MotorVehiclesAct, 1988.
To read more, please visit the link below:
#motorvehicleaccident #vehicle #owner #supremecourt
In recent times, discussions on #suicide have occupied the attention of the #media, social and print, TV and internet in a big way. The recent suicide of actor, #SushantSinghRajput (#Actor), on 14-06-2020 read more
In recent times, discussions on #suicide have occupied the attention of the #media, social and print, TV and internet in a big way. The recent suicide of actor, #SushantSinghRajput (#Actor), on 14-06-2020 is a case that has been highlighted aggressively by press and media possibly because of the lack of #news items due to the #Pandemic.
To read more, please visit the link below:
http://www.theindianlawyer.in/blog/2020/06/19/the-law-in-suicide-cases/
#suicide #fir #complaint #sushantsinghrajput #abetment #offence #IPC #crime
For the full article please refer the link belowhttps://timesofindia.indiatimes.com/videos/city/delhi/in-a-first-delhi-couple-gets-a-virtual-divorce/videoshow/76400216.cms?utm_campaign=andapp&utm_medium=referral&utm_source=native_share_trayCredits: read more
For the full article please refer the link below
Credits: TOI
HelloGood morning*RKG UPDATES 16th June, 2020*The link for the YouTube video is shared herewithhttps://youtu.be/QQRKBvsbGDERegards,Rites Goel
Hello
Good morning
*RKG UPDATES 16th June, 2020*
The link for the YouTube video is shared herewith
https://youtu.be/QQRKBvsbGDE
Regards,
Rites Goel
Is Immigration dying in the Land of Free, United States of America. By: read more
Is Immigration dying in the Land of Free, United States of America.
By: Ankit Khetarpal
Indian Attorney
Thomas R. Kline School of Law
Drexel University
JD 2019
Immigration, where often, the immigrants are the scapegoats of falling economy. Sometime, land borders are carefully given undue weightage, sometimes ignored to assume the demands of the economy. Here, we have US Economy, which was built on the hard-earned efforts of immigrants, which now is looked as enemy of the American public. Rather the question should be, who is American public. Does it include immigrants, or is it all immigrants, or is its unabashed white people, or do blacks voice counts, or is It American public including all people as a whole together.
Immigration, has been by lawyers, while practicing divided into three categories. They have often started practicing, and super specializing, if I may say so, in to those specific categories. They are, employment based, investment based, and currently though unfortunately most lucrative asylum-based immigration with a tinge of U visas. Though there is no such thing, as super specializing, but it is more out of practical aspect, depending upon whom often comes and knocks your doors for legal advice.
Every, set of immigration paths, has its own difficulties going down the roads of retrogression, delays, political compulsions, policy changes. We, lawyers often learn one thing, that immigration is not read by book, but by daily changes in immigration law, on USCIS website. Unfortunately, the most archaic, is the “birth” rule, which says, that that immigration to USA, is governed not by your intelligence, but by the place of birth. So, your line, your day the file will be opened, is more governed by the place of birth, more than your qualifications. Sometimes, it is possible, that the candidate, more qualified has to wait for decades, because of his place of birth. For example, an Indian applying for Green card, through Eb3 category with current priority date, i.e. 2020 may have to wait, more than 3 decades to think of getting green card. The Problem is not only for Indians, but also for Chinese, who are seeking endlessly the Elusive Green Card, through Investment program, due to enormous retrogression.
Unfortunately, who is suffering, or why so, nobody knows. Is having less immigrants coming to the country, a good idea and policy for development. Chinese and Indians having huge population, are currently the growth models, world is talking about. So is USA, going the wrong route, by restricting Immigration, and by not opening up. Often this question is posed, that Immigrants are eating the jobs of American public. If that is, so, I am sure Immigrants must be coming, earning and going back to their home country, and not eating, staying, living or spending in America. Perhaps, in that case, immigrants must not be applying for green cards, and just taking jobs and repatriating the money out of the country.
If that is not the case, then stopping immigration, is just reducing less expenditure in American Economy, which results in less growth of America, or at least if we compare with more populous economies who are currently on the growth chart of about 5% growth rate, whereas America is on the growth rate of 1%. So, does it mean, having more population, means having more consumption, which in turn results in more growth.
Immigration, is beneficial to the world, and not restriction to anybody. Open borders, welcome the world. Reduce visa and Immigrant restrictions, wait times etc. is the ideology of the day. Perhaps, if delays and policy changes weren’t enough, devising restrictions in the name of “specialty occupation” for H1B visa Holders, OPT applicants, or for that matter increasing the investment limit from $500,000 to $900,000, subject to other investment restrictions. The Coronavirus Pandemic (Covid-19) has taught us, that world is comprising of people, who need to work together to prevent such mis happenings and not divide them on the grounds of boundaries, or their birth.
I, Ankit Khetarpal, who happen to be a student of Drexel University, Thomas R. Kline School of Law, JD 2019, who as per standards in the legal world, have got a pretty high score in New York Bar Passing Exam, chose not to enter into the jungle of H1b, plainly on account of enormous delays in getting the elusive Green card. Should you choose that path, perhaps not, or perhaps may be. But the larger question is, its whose loss, the American Public who deserve to compete on the grounds of “best in the market”, and not on where, who is born. Some may advocate, that these delays are only, if you are from certain countries, but the question is, should the delay be there whatsoever, and secondly should it be on the basis of place of birth, and not on the basis of competition.
When I put my food in the land of Free, strolling across the Philadelphia Roads as First year Law Student, little did I know, that it’s a place where Iconic scenes of Rocky were performed. Our Law School, had taken us for a ride, as group of international students, when across the road I saw the statue of Rocky Balboa, and immediately I was reminded, that this country belongs to winning by competition. The walk down the Schuylkill river, made me realize that history belongs to immigrants, who fought and made it what America is today. Have we lost that sense of empathy or realization, that welcoming and competing, makes us what we are, instead of closing doors? Sometimes, I feel, Immigration and Nationality Act, 1965 what I read, is more in books, and in practice the world is entirely different.
Be competitive, Be Italian stallion, Welcome the world, Rule the world, Be the best.
ANTICIPATORY BAIL – CRUELTY BY HUSBANDSThe paper today is concerned with: The matter of anticipatory bail under the India Penal Code (IPC) for offences registered under Section 498 A and Sections read more
ANTICIPATORY BAIL – CRUELTY BY HUSBANDS
The paper today is concerned with: The
matter of anticipatory bail under the India Penal Code (IPC) for offences
registered under Section 498 A and Sections 3 and 4 of the Prevention of
Domestic Violence Act. This paper discusses the tendency and likelihood of
receiving anticipatory bail in such situations, and usually, the procedure one
needs to follow if they are at the receiving end of prosecution under these
sections.
In order to begin the objective of the
paper, one needs to first understand the nature of anticipatory bail provided
for under Section 438 of the Code of Criminal procedure (CrPC), which is an
extension to the general provisions of bail, whereby a person, in anticipation
of arrest may apply to either the District or High Court for a conditional bond
such that in fulfilling these conditions that person may be arrested for the
anticipation he has given before the court. It is important to note that
anticipatory bail can be filed at any time during the pendency of the
prosecution, as it was held in Sushila Aggarwal vs State of NCT
Delhi (2018) 7 SCC 731that there is no set time limit on when
an anticipatory bail can be applied for, and the petitioner of such a bail
petition is allowed to file at any time during the prosecution, including but
not limited to, even before the filing of an FIR, or registration of complaint.
As held by the Supreme Court in Jitendrakumar Bhanukumar Rao vs State
of Gujarat (2015) SCC Guj 3371, that even in
situations where it may not be clear that the applicant might be arrested at
the end of an investigation, he may file for anticipatory bail for the sole
reason that there is a chance that the investigation might lead to an arrest in
the end. With this in mind, one needs to look at the text of Section 438 of the
CrPC to understand the nature of commitment one might expect when applying to
the court for anticipatory bail.
This paper also deals with the intersection
of this section in the CrPC with the DV Act. Specifically enacted to deal with
the criminalization of violence against women in the domestic setting, more
specifically, the definition of domestic violence under Sec.3, which includes
more scenarios and covers more ground than Sec. 498a of the CrPC. In Sec.3 of
the DV act, there’s no charge. Ultimately, all matters charged through the
definition here need to be charged under the CrPC. On a cursory reading it
shows us that it has a wider scope than that of Sec 498a, it includes mental,
verbal and emotional abuse as a chargeable offence, further, it includes all
acts that contribute to such abuse, either directly or indirectly, this
extended definition allows for a larger number of situations to be covered and
charged. More important is that this section differentiates dowry demands and
abuse related to that, and economic abuse which has, for the longest time
clamoured for recognition among criminology circles. Sec. 4 of the act, on the
other hand, allows for reportage by persons other than the victim, and even
encourages such reporting through the blanket immunity provided to the
informant, and in the alternative, an option has been given to the abused to
make any complaint in such matter through an Information Protection Officer,
Who shall be designated to convey the same to the authorities, thus removing
the societal taboo of reaching out to the police, and enabling the formation of
a barrier of sensitization trained personnel between the police and the
traumatized victim. Bear in mind that in the precedent discussed in this paper,
all cases use a combination of charges under Sec. 3 & 4 of the DV Act and
Sec. 498a of the CrPC, to enable the criminal sanction of the act to the
broader definition under the DV Act.
The first thing one needs to keep in mind
is that this section applies only to non-bailable offences, and application may
either be made to the court of sessions or the High Court, thereby making
anticipatory bail one of the few matters other than writ that fall under the
original jurisdiction of the High Court. It is also interesting to note that
the judge, among others, may choose to impose conditions to prevent the person
from absconding, or in the alternative that he must be ready and available to
be presented before the police for an investigation in the matter. The most
important aspect of this section is this: That depending on the offence, the
judge may prescribe such conditions as he may deem fit, and that power has been
used liberally in matters relating to anticipatory bail under the Domestic
Violence Act and Section 498 A of the IPC.
On the other hand, Section 498 A of the IPC
has the following antecedents: While there is a general period of limitation of
7 years on all dowry-related matters, it shall also apply to this section. This
section envisages two categories of accused’s: The husband and the relatives of
the husband, and the section can be filed for one of two reasons illustrated in
the sub-sections, that there has been violence such that it has driven the
bride to suicide, or nearly so and that such mental cruelty has been meted out
for demand of an illegal sum of monies and property by the husband and his
family. In both these situations, a complaint may be lodged by either the
victim herself, the protection officer, or any person that suspects that acts
of domestic violence are taking place (Sec. 4 of the DV Act).
This paper deals with the confluence of
these three statutes that anticipatory bail may be granted in a matter of
domestic violence, and in what situations the court might be more willing and lenient
to an applicant.
Court Precedent Analysis
The courts have generally shown leniency in
granting anticipatory bail in cases registered under Section 498A, in the words
of the Kerala High Court, and this is because it might allow the parties to
reconcile the matter out of court, or through other civil remedies, rather than
resort to the irrevocable nature of the criminal remedy sought here. This
reasoning played an instrumental role in granting bail in the matter of G.R.
Deepesh Kumar v State of Kerala where it was established in the course
of the investigation that the applicant husband had been the sole perpetrator
of the purported violence in the matrimonial household. Yet, this is not to say
that in all situations, the court will be equally lenient. In the matter
of in Re: Govind Ram Agarwala and Others2015 SCCOnline Cal 4298the
court took a similar stance, but the matter was examined in greater detail,
where the complainant wife had already reported the abuse suffered, and that
the parents of the accused have been granted anticipatory bail and a case was
made that the husband may also be granted the same. The court in this matter
has made note that the accused has been given multiple chances to reconcile the
matter amicably and for that reason, the anticipatory bail has been granted,
and in the current petition, as it was made abundantly clear that the parties
are in no position to compromise, the previous orders will have to be
withdrawn. From this, it can be seen that:
1. Courts are usually
partial in granting anticipatory bail in such matters.
2. If the parties are either
already in the process of, or have made representations to the effect of
dissolution of the domestic relationship/ settlement of the dispute, the court
shall be all the more reluctant to reject a petition for anticipatory bail.
In such cases where there is prima facie
evidence that wrongdoing has occurred, and no settlement seems viable, the
court has chosen in the matter of In Re: Anjanaba Bhattacharya to
grant anticipatory bail with conditions antecedent, and this case is peculiar
because the petitioner has not attended to the notice for investigation sent by
the officer in charge, the court reasons that, the petitioner shall be granted
anticipatory bail conditional on complying with the investigation. This measure
by the court can be seen as both favouring the applicant for bail, and at the
same time, ensuring that the investigation for the complaint lodged under Sec.
498 A occurs smoothly.
It is also noted that the court has granted
anticipatory bail in those situations where the petitioner is apprehensive of
arrest in a matter for which the FIR may not have been filed yet. This is a
rare phenomenon since courts tend to wait until a complaint has been filed to
evaluate the situation in a domestic relationship and gauge the situation
accordingly.As mentioned in Dr Lokesh B.H v State of Karnataka Cri.
P. No. 5962/ 2015.
On the other end of the spectrum are cases
like S. Jayalakshmi v State of Kerala, where the court denied
anticipatory bail despite the primary applicant (husband) having already
received bail in this case since the secondary accused were in immediate
control of the domestic situation of the victim, so they were not granted
anticipatory bail. This case is a good example of the perception of the
judiciary on the part of matters of domestic violence, as a petitioner for
anticipatory bail, one is in a favourable position to be granted the bail as
long as the relationship between the parties hasn’t deteriorated to such an
extent that in the opinion of the court there can be no settlement between the
parties.
It is important to note that there are no
antecedents to filing for anticipatory bail, and the only requirement for
filing is an apprehension of getting arrested, no analysis of the guilt, or the
merits of the complaint is encouraged. Sagarmal and Anr. V State of
Rajasthan and Others (1998) 3 RLW 1970, where the
merits of the matter have been excluded from discussion in granting
anticipatory bail, and merely the fact that the sessions court has refused the
same played a significant role in determining the order of the High Court.
On the other hand, it does not mean that no
reference shall be made to the situation of the victim and the applicant, it is
imperative to understand that even in the general tendency to grant
anticipatory bail, the nature and gravity of the alleged offence play an
important role in the decision of the courts, as this can be seen in the matter
of Abdul Saleem Abdul Kareem Shaikh v State of Maharashtra and Anr. 2020
SCC Bom 512. In this case, it was held that since the allegation
against the accused is more concrete in nature, in comparison to the general
allegations of cruelty against the rest of the accused’s family, he cannot be
granted anticipatory bail.
Conclusion and Pointers
Thus, it is necessary to note that while it
is possible to file a petition for an anticipatory bail even before the
complaint has been registered not many instances of the same have been observed
in matters of Domestic Violence. From the discussions in this paper, and the
precedent of Surjit Kaur Chopra v State and Anr, as decided in
the Delhi High Court, the following pointers need to be kept in mind while
filing any litigation for an anticipatory bail in general, or specifically in
matters of domestic violence:
1. In general, courts show
partiality to the applicant if there is a chance that the matter can be settled
privately outside the court.
2. Courts do not necessarily
grant anticipatory bail on the sole fact that the allegations maybe
false. The main consideration here is the balance of convenience.
3. In making an unofficial
complaint, or representation in the matter of pre-arrest bail, one should
follow Rule 2 of the Domestic Violence Act, and keep track of the domestic transactions
that gave rise to the claim. This is important in asserting the veracity of
claims made in the complaint, and petition for bail.
4. Parties should usually
take the court upon the offer of settling the matter out of court since they
show preference to extending lenient terms to exacerbate the out of court
settlement.
5. Making an anticipatory
bail before the complaint has even been made is not very wise since, in
precedent, courts depend on the complaint document to determine the fitness of
the matter for allowing bail.
6. Since no other documents
are available to substantiate the case of the petitioner, it is tough to
justify, only one case where such allowance was made and that too after an
informal complaint has already been made with the state Women's’ Cell.
In
summary of the above-discussed cases, it can be said that in more cases than
not the courts have granted anticipatory bail, there is no pattern or reasoning
as to when anticipatory bail can and cannot be granted. Especially in domestic
violence cases, it seems that the courts make these decisions on the basis of
the complaint received by them and the gravity of allegations therein.
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 #SupremeCourt has recently in the matters of U.P. State Road Transport Corporation Vs Rajenderi Devi and Ors. dated 08-06-2020, Chandrakanta Tiwari Vs New India Assurance Company Ltd. and Anr. dated read more
The #SupremeCourt has recently in the matters of U.P. State Road Transport Corporation Vs Rajenderi Devi and Ors. dated 08-06-2020, Chandrakanta Tiwari Vs New India Assurance Company Ltd. and Anr. dated 08-06-2020, Sri Anthony Vs Managing Director, K.S.R.T.C dated 10-06-2020 and M.H. Uma Maheshwari and Ors. vs United India Insurance Co. Ltd. and Anr. dated 12-06-2020, laid down certain principles for allowing #compensation in various #motorvehicleaccident #claim matters.
To read more, please visit the link below:
#motoraccident #accident #compensation #insurance #insurer #mact #tribunal #supremecourt
A Bench headed by Supreme Court Justice Arun Mishra and Justice UU Lalit passed the Order with regard to #Financing of #HomeBuyers by #Banks in the case of Bikram Chatterji and Others v. Union of India read more
A Bench headed by Supreme Court Justice Arun Mishra and Justice UU Lalit passed the Order with regard to #Financing of #HomeBuyers by #Banks in the case of Bikram Chatterji and Others v. Union of India and Others [Writ Petition (C) No.940 of 2017] on 10.06.2020.
To read more, please visit the link below:
#amrapali #realestate #homebuyer #supremecourt #loans
Hello,Good morning*RKG UPDATES 13th June, 2020*The link for the YouTube video is shared herewithhttps://youtu.be/HvHbTrtcCtsRegards,Rites Goel
Hello,
Good morning
*RKG UPDATES 13th June, 2020*
The link for the YouTube video is shared herewith
https://youtu.be/HvHbTrtcCts
Regards,
Rites Goel
Mumbai, India
Thane, India
Kolkata, India
Ranchi, India
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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.
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