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Recently, in Prashant Bhushan Contempt of Court case, the Supreme Court of India has held the senior advocate Prashant Bhushan as guilty of Contempt of Court for condemning the judiciary in his two read more
Recently,
in Prashant Bhushan Contempt of Court case, the Supreme Court of India has held
the senior advocate Prashant Bhushan as guilty of Contempt of Court for
condemning the judiciary in his two tweets.
In
Bhushan’s first tweet, he gave an opinion on the role of the last 4 CJI (Chief
Justice of India) with regards to the situation in the country. His second
tweet is related to an image of present Chief Justice S A Bobde in which he is
sitting on an expensive motorcycle.
These
two tweets were considered as Contempt of Court by Supreme Court. The issue was
heard by a Bench of 3 judges consisting Justice
Arun Mishra, Justice B R Gavai and Justice Krishna Murari and the verdict
was reserved by the court on August 25, 2020 when Senior Advocate Dushyant Dave
had contended finally.
Contempt of Court Act, 1971
According
to Section 2 of Contempt of Court Act, there are two kinds of Contempt i.e.
CIVIL and CRIMINAL.
Civil
Contempt has been characterized as intentional non-compliance to any order,
verdict, judgement, writ or other process of court.
Criminal
Contempt has been characterized as the publication of any issue or doing any
act regardless of whether by words, written or spoken, or by signs or by
visible representation which scandalizes or tends to scandalize or lowers or
tends to lower the authority of any court, or interferes or tends to interfere
in the Administration of Justice.
The
SC and HC of India have the right to punish for contempt of court, either with
imprisonment for a term of 6 months or with fine upto two thousand or with
both.
Court’s Judgement
The
SC of India in its judgement imposed Re1 fine on Prasant Bhushan in contempt
case against him and also says that, the imprisonment and debarring from
practice will produce effect only if Prashant doesn’t pay fine by September 15,
2020. If he doesn’t pay Re1 by September 15, he should go through imprisonment
for 3 months & be suspended from practice for 3 years.
Conclusion
The
Contempt of Court provision is important to maintain the Supremacy of Judiciary
in the eye of people. In the absence of this provision, people will start
disobeying the Court decisions fearlessly. The lack of this provision may also
damage the powerful image of the judiciary among the citizens of India.
However, the expression “Scandalizing the Court” has not been defined clearly
and there is a need of provisions which properly define the expression.
On the other hand, the Right to Speech and Expression is fundamental right guaranteed by the Indian Constitution itself. In my point of view, there must be a harmony between the right to speech and the court’s power to punish its criticism. However. The Right to Freedom of Speech and Expression must be talked about more expressly. In a free market each and every wing of the State must be available to public criticism and open analysis. The Judiciary cannot carve an extraordinary status for itself because in India each wing of the state is equal and separate.
In the case of M/s. L. R. Brothers Indo Flora Ltd. v. Commissioner of Central Excise (Civil Appeal No. 7157 of 2008), the Hon’ble Supreme Court of India, vide Judgment dated 01.09.2020 held that for a read more
In the case of M/s. L. R. Brothers Indo Flora Ltd. v. Commissioner of Central Excise (Civil Appeal No. 7157 of 2008), the Hon’ble Supreme Court of India, vide Judgment dated 01.09.2020 held that for a #notification to apply #retrospectively, it must be established that the previous notification had any omission, mistake or error in it and as a result, the #amended notification has been passed to rectify the said mistake.
To read more, please visit the link below:
#supremecourt #retrospective #legislation #notification #amendment
A Three Judge Bench of the #SupremeCourt comprising of Justices Arun Mishra, Vineet Saran and S. Ravindra Bhat passed a Judgment dated September 1, 2020 in the case of The Designated Authority & Ors. read more
A Three Judge Bench of the #SupremeCourt comprising of Justices Arun Mishra, Vineet Saran and S. Ravindra Bhat passed a Judgment dated September 1, 2020 in the case of The Designated Authority & Ors. v. M/S The Andhra Petrochemicals Limited and held that levy of #antidumping #duty can only be for a limited #duration and not for later periods.
To read more, please visit the link below:
#antidumping #duty #limitedperiod #supremecourt
The Supreme Court has in a recent case of Karad Urban Cooperative Bank Ltd vs Swwapnil Bhingardevay and Others passed a Judgment dated 04-09-2020 and reiterated that once the #committeeofcreditors have read more
The Supreme Court has in a recent case of Karad Urban Cooperative Bank Ltd vs Swwapnil Bhingardevay and Others passed a Judgment dated 04-09-2020 and reiterated that once the #committeeofcreditors have approved a #resolutionplan, the #corporatedebtor cannot raise dispute/issue in that regard except in certain circumstances.
To read more, please visit the link below:
#resolutionplan #committeeofcreditors #corporatedebtor #financialcreditor #nclt #nclat #supremecourt
WHAT IS DOMESTIC VIOLENCE?Domestic Violence, which is also known as Intimate Partner Violence, Domestic Abuse, Dating Violence and Intimate Partner Abuse, is a type of violence committed by someone in read more
WHAT IS DOMESTIC VIOLENCE?
Domestic
Violence, which is also known as Intimate Partner Violence, Domestic Abuse,
Dating Violence and Intimate Partner Abuse, is a type of violence committed by
someone in the victim’s domestic circle. This incorporates partners &
ex-partners, family members, close relatives and family friends.
The
term “Domestic Violence” is used when there is a close relationship between the
victim & the offender. Usually, there is a power gap between victim and the
offender. Domestic Violence is a major Public Health Issue in that it affects a
large number of individuals and many time results in physical, mental and
economical injuries & even deaths.
WHAT
CONSTITUTES DOMESTIC VIOLENCE
Section- 3 of the Domestic Violence
Act, 2005 says that what comprises Domestic Violence as
indicated by which Domestic Violence will include: -
(a)
Threats to Life, Health & Safety etc., whether Physical or Mental,
incorporating Sexual Abuse, Physical Abuse, Verbal and Emotional Abuse and
Economic Abuse, or
(b)
Harassment through any forms such as injuries, harms to the aggrieved person by
coercing her or any other person related to any unlawful demand for dowry or
other property or valuable security; or
(c)
Otherwise injuring or causing harm, through Mental or Physical means to the
Aggrieved Person.
AGAINST
WHOM DOMESTIC VIOLENCE CAN BE FILED
In
the current day situation, complaint can be lodged against any Adult Male
Member who is in a Domestic Relationship with the aggrieved person and against
whom the aggrieved person has sought any relief under this Act including the
other members of the family, for example, Father-In-Law, Mother-In-Law,
Brother-In-Law etc. or any relative of the male partner.
· Physical Abuse: It
include any sort of violent conduct inflicted on the victim (Slapping, biting,
beating, hitting, kicking, etc.) It also includes forcing someone to use
Alcohol / Drug and denying someone’s medical treatment.
· Sexual Abuse:
It happens when the abuser forcefully try to make physical contact with victim
without his/her consent. This mostly takes the form of Marital Rape, Physical
Violence followed by sex, attacks on the sexual parts of the body.
· Emotional Abuse: It
implies discrediting or emptying the victim’s sense of Self-Esteem. Emotional
abuse also includes constant humiliation, insults, threats of harm, belittling,
threats to take away children.
· Economic Abuse:
It happens when the abuser makes or attempts to make the victim financially
reliant.
· Technological Abuse:
It incorporates the utilization of technology to hold and control a partner.
PUNISHMENT
AGAINST DOMESTIC VIOLENCE
DOMESTIC
VIOLENCE and DOWRY DEATH are pervasive in India. Also, I mean it's everywhere.
We as a whole know about individuals in our families or among our companions
who have eventually confronted Domestic violence, or have executed it. But how
often have we looked away and done nothing because we don’t have any idea what
to do?
There
are several Laws in India which directly deals with the protection of married
women from her partner and her partner’s family.
[1] -Protection of Women against Domestic Violence Act, 2005
This is an act of the Indian Parliament enacted to
protect women from Domestic Violence. It prohibits a wide range of Physical,
Sexual, Emotional & Economical abuse against women and all these are broadly
defined under the Act. It provides security to women in a family from men in a
family. The extent of the Act covers not only the protection of women who are
married to men but also women who are in Live-in-relationship, just as family
members including Grandmothers, Mothers, etc. A women has right to be liberated
from any type of violence under this Act. Under this law, women can look for
security against Domestic Violence, Financial Compensation, Right to live in
their mutual house and they can get maintenance from their abuser in case they
are living separated.
This law is to guarantee that women don’t get kicked
out of their own house and can support themselves if they have been abused. It
also ensure the protection of women from their abusers.
[2]- Section 498A of the IPC (Indian Penal Code)
This is a Criminal Law, which applies to husbands or
family members of husband who are merciless to women. Under Section 498A of
the IPC, harassment for Dowry by the family members of the husband or by
husband is recognized as a Crime. This harassment can be of any type either
Physical or Mental. Despite the fact that Marital Rape isn’t considered as a
Crime in India, forced sex with one’s wife can be viewed as Cruelty under this
Section. Section 498A has a vast scope. It also includes any and all
intentional behaviours against a women which force the women to attempt suicide
or risk to life or grave injury or risk to limb or overall health. Here, health
incorporates the physical and mental health of the women.
This is a Criminal Law that punishes the giving and
taking of Dowry. The tradition of dowry itself is banned under the Dowry
Prohibition Act, 1961. According to this law, gives, takes or even demands
dowry, they can be imprisoned for a half year (i.e. for 6 months) or they can
be fined upto Five Thousand Rupees.
CONCLUSION
Domestic Violence increases rapidly day by day
specially in Lockdown. It is one of the most appalling kind of harassment
endured by the women in our surrounding today and we are not raising our voice
against this violence seriously. All the laws are left in the papers only and
reality is apart from this. Survey shows that maximum percentage of victims of
Domestic Violence are female but men are also suffering from this problem. We
are not raising our voice seriously because we thought we are safe but we are
wrong because Domestic Violence can take places with anyone, despite the fact
of race, religion, creed or caste. If the problem of Domestic Violence is not
dealt with adequately, this kind of abuse will keep on existing in all classes
of society without an end. So, as a citizen and young generation of India, we
have to stand together and make strict laws to protect the victims of Domestic
Violence.
REFERENCE
[1]- www.thenewsminute.com
[2]- http://www.legalserviceindia.com
[3]- www.shethepeople.tv
[4]- www.lawfarm.in
Last week's two-page order from the Arizona Supreme Court reads as simple as any regular court order, but its effect is likely to change the practise of law and the access to justice. The order of the read more
Last
week's two-page order from the Arizona Supreme Court reads as simple as any
regular court order, but its effect is likely to change the practise of law and
the access to justice. The order of the court released in August 27,2020
removes the ban on non-lawyers having economic interests in law firms and the
ban on the sharing of legal fees between non-lawyers and lawyers. With this,
Arizona becomes the first state to eliminate Rule 5.4 of the Rules of
Professional Conduct.
This
Order also allows the licensing of non-lawyers as "legal paraprofessionals" with the authority to offer
restricted legal or judicial services to the public, including the
representation of clients in court. Although the order, which will come into
force from 1 January 2021, gave very less indication towards its importance,
the court was less guarded in its statement announcing the decision, describing
its move as a far-reaching reform that could transform public access to legal
services.
Chief
Justice, Robert Brutinel said that the main objective of the court will be to
improve the approach of justice and also to encourage new inventions in
distributing of legal services. Court should adopt a task force for the people
to access more legal services and also to gain more legal knowledge and advice.
The task force to which he referred is the task force on the provision of legal
services, which issued its report last October calling for fundamental changes
to the regulation of legal services. With regard to the removal of a
prohibition banning lawyers and non-lawyers from co-owning companies engaged in
the practise of law, the Task Force reported that the prohibition was not based
on public safety but totally on protection of economy.
According
to the report, the law profession cannot continue to pretend that lawyers
operate in a vacuum, are surrounded and supported only by other lawyers, or
that lawyers practise law in a hierarchy in which only lawyers should be
owners. Non-lawyers are the people who can help the lawyers in giving more
appropriate legal services and also can bring innovative skills.
Following Utah’s changes -
The order of the Arizona Supreme Court comes just two weeks after the approval by the Utah Supreme Court of sweeping reforms to the control of legal services in that state. Utah's move established a two-year test of a regulatory sandbox — a regulatory body under the jurisdiction of the Supreme Court, to be named the Office of Legal Services Innovation, which is responsible for licencing and regulating new types of legal service providers. The Utah Court argued that these changes would allow individuals and entities to explore creative ways of enabling lawyers and non-lawyers to practise law in a secure manner and to reduce restrictions on how lawyers market and promote their services. In offering a forum for non-traditional legal service providers, the Utah pilot requires non-lawyer investment or ownership organisations. But it does not eliminate the ban on non-lawyer ownership outside the sandbox.
Arizona’s further orders –
The Arizona order goes further, completely eliminating the professional conduct rule 5.4, which prohibits non-lawyers from sharing legal fees or having an economic interest in a law firm. It introduces a separate class of approved professionals, "alternative business models," which would have to be certified by the court.
With
regard to the proposed licencing scheme for legal paraprofessionals (referred
to by the task force as a restricted licence for legal technicians), the court
said that they will be a legal structure comparable to a nurse practitioner in
the medical sector.
The
conception that the task force responsible for recommending amendments to the regulation was that lawyers had an ethical duty to guarantee that legal
services are accessible to the public and that if the laws get in the way of
making such services available, the laws could change.
Government of India today through Ministry of Electronics & IT decided to ban 118 more apps after banning previously various apps including TikTok etc, in,light of the facts that these apps are engaged read more
Government of India today through Ministry of Electronics & IT decided to ban 118 more apps after banning previously various apps including TikTok etc, in,light of the facts that these apps are engaged in activities which detrimental to "sovereignty and integrity of India, defense of India, security of state and public order."
In the today's list of apps to be banned, various game apps especially PUBG is also included. The detail list of the 118 apps to be banned as per the Press Release dated 02 SEP 2020 are as follows:
Contempt of Court Contempt of court is any conduct that disrespect or disregard for interfering with or prejudice parties or with their witnesses during the litigation before the respective read more
Contempt
of court is any conduct that disrespect or disregard for interfering with or
prejudice parties or with their witnesses during the litigation before the
respective authority and administration of law. The Contempt of Courts Act,
1971 governs the contempt law in India. Then the judges of the court have the
authority to pass sanctions such as sending the contemnor(the person who committed contempt of court) to jail for a
specific amount of time or by imposing fines on those guilty of contempt of court.
Introduction
The
act empowers the Supreme Court and High Court to punish acts of contempt. The
Supreme Court and High Courts being courts of record have the constitutional
validity to punish for contempt of court and the Contempt of Courts
Act, 1971, according to the jurisdiction. Contempt of court can be
understood as an offence of defying the court authority by disobeying the
instructions laid by the court. The Act defines civil contempt under section
2(a) as contempt of court means civil contempt or criminal contempt. The two
types of contempt are different in character and very difficult to
differentiate.
Section
2(b) of the 1971 Act not
only encompasses willful disobedience to any judgment, decree, direction, order
etc. of a court, it also takes in its fold a willful breach of an undertaking
given to a court of law. The civil contempt is wrong of private nature. It
injures the interests of the party, entitled to get benefit from the disobeyed
order, whereas criminal contempt is an offence against the society where the contemnor
undermines the authority of the court by his words or actions.
Section
2 (c) defines
the ‘criminal contempt' as the publication (whether by words, spoken or
written, or by signs, or by visible representation, or otherwise) of any matter
or the doing of any other act, whatsoever which;
(i)
scandalizes or tends to scandalize, or lowers or tends to lower the authority
of, any court; or
(ii)
prejudices, or interferes or tends to interfere with, the due course of any
judicial proceeding; or
(iii)
interferes or tends to interfere with, or obstructs or tends to obstruct, the
administration of justice in any other manner.
Also, Article
129 and 215 of the Constitution of India empowers the court to take
action against the contempt. Article 129 empowers the Supreme
Court, whereas Article 215 empowers High Courts.
Whereas, Section 10 of The Contempt of Courts Act, 1971 has
given them special powers to the respective High Courts to punish contempt of
subordinate courts.
Article
129, of the Constitution of India,
states that the Supreme Court shall be a court of record and shall have all the
powers of such a court including the power to punish for contempt of itself.
Article
215, of the Constitution of India, states
that every High Court shall be a court of record and shall have all the powers
of such a court including the power to punish for contempt of itself.
What is the statutory basis for
Contempt of court?
India
witnessed Pre-independence laws of contempt in India. Not only the early High Courts,
but the courts of some princelystates also had such laws. After the
constitution was adopted, contempt of court was made one of the restrictions on
freedom of expression and speech. Moreover, Article 129 of the constitution
conferred on the Supreme Court the power to punish contempt of
itself. Article 215 conferred a corresponding power on the High Courts.
The Contempt of Courts Act, 1971, gives statutory backing to the idea.
What
are the kinds of Contempt of Court?
According
to Indian Law, contempt is classified it as civil and criminal. Talking about
civil contempt,it is fairly simple. It is said to be committed when someone
willfully breaches an undertaking given to court or someone willfully disobeys
a court order. However, criminal contempt is more complex. It consists of
mainly three forms:
a.
Words, written or spoken, actions and signs that
scandalize or tend to scandalize or tends to lower or lower the authority of
any court.
b.
Interferes or prejudices with any judicial
proceeding.
c.
Obstructs or interferes with the administration of
justice.
Raising allegations against the individual judges or
judiciary, which contributes to motives to judgments and judicial functioning
and any scurrilous attack on the conduct of judges are normally considered matters
that scandalize the judiciary. The reason for the provision is that courts must
be protected from those attacks that lower its authority, make the public lose
faith in its public impartiality and defame its public image.
Essentials
of Contempt of court
To
prove an offence in the court, it is very necessary to fulfil the essentials of
it first. Every offence in India has certain exceptions that haveto be
fulfilled for making the person liable for doing the act. To understand the
requirement of fulfilling the essentials, let us go through with an example, if
a person named Surya has to prove that the other person named Samiksha is the guilt
of committing an act which is unlawful and an offence in the court of law. Then
the liability to prove Samkisha guilty relies on Surya, which includes fulfilling the essential required to
commit that act or not. Similarly, the contempt of court also has certain
essentials that are as follows:
1.
Act of
disobedience to any type of court proceedings, its orders, decree, judgment,
etc. should be done ‘willfully and purposely’ in case
of Civil Contempt.
2.
Talking
about criminal contempt, “publication”
is one of the major things and this publication can be either in the form of
spoken or written, or by words, or by signs, or by visible representation.
3.
The action of the doer should be
deliberate, and it should also be clearly disregard of the court’s order.
4.
The court should in its best capacity,
always try to make a “valid order” and
this order should be in knowledge of the respondent.
What
is not contempt of court?
Accurate and fair reporting of judicial proceedings
will not amount to contempt of court. With these, any fair criticism on the
merits of a judicial order after a case is heard and disposed of.
Truth:
Defense against a contempt charge?
For the
past few years, the truth was the only one that was considered as a defence against
the charge of contempt. There was always an impression that the
judiciary tended to hide any misconduct among its individual members in the
name of protecting and safeguarding the image of the institution. The Act was
amended in 2006 to introduce truth as a valid defence if it was in the public
interest and was invoked in a bona fide manner.
The procedure of the court proceedings
The
procedures laid as per the Contempt of Court Act, 1971 has to be followed, as
mentioned in Article 129 and 215 of the Constitution of India. An individual
can recourse to the following options against the contempt.
1.
He may place the information before the court and request the court to take
action.
2.
He may put the information before the Attorney General and request him to take
appropriate action.
The
contemnor alleged is entitled to get a notice about the same an opportunity of
being heard, before considering him guilty of contempt and passing an
order.
Punishment for contempt of court
1. Supreme Court and High Court are
bestowed with the power to punish the contemnor for the contempt of the court.
2. As per Section 12 of Contempt of
Court Act, 1971, the punishment for the contempt of court can be the simple
imprisonment for a term which may extend to six months, or with fine which may
extend to two thousand rupees, or with both.
3. However, in civil cases, if the court
considers that a penalty is not meeting the ends of justice and that a sentence
of imprisonment is necessary, then the court shall instead of sentencing him to
simple imprisonment, direct that he be detained in civil prison for such period
not exceeding six months as it may think fit.
4. The punishment awarded to an accused
may be discharged on apology being made by the accused to the court's
satisfaction. An excuse cannot be rejected on the grounds if accused makes it
bonafide.
Limitation
Period:
Section
20 of the Contempt of Courts Act,
1971 defines the limitation period within which the actions have to be taken
against the contempt. It specifies that the limitation period is of one year
from the date on which the contempt is alleged to have been committed.
Remedies against an order of
Punishment
The
Contempt of Court Act, 1971, recently witnessed an amendment in the year 2006,
through, which section 13 of the act came into force. The new act is therefore
termed as Contempt of Court Amendment Act, 2006. Section 13 states that
contempt of court cannot be punished under certain circumstances or certain
cases.
Clause (a) of Section 13 of the Contempt of
Court (Amendment) Act, 2006 states that no court under this Act shall be
punished for contempt of court unless and until it satisfies that the contempt
is of such a nature that it tends to substantially interfere or substantially
interferes with the due course of Justice.
Clause (b) of Section 13 of this Act states
thatthe court has the authority to give defence on the justification of truth
in cases where it finds that the act done in the public interest and the
request for invoking that defence is bona fide.
Landmark
Contempt of court cases
Supreme
Court Bar Association of India vs. Union of India & Anr
In
this case, the judge stated that procedural factor of Contempt of court may
still be regulated by the Parliament so that it could be applied in the Supreme
Court and as well as the High Court. This further means that Section 12(1) of the Contempt of court Act, 1971,
which states a maximum fine of Rs. 5000 and imprisonment for a term of six
months shall be applicable in this case.
Sudhakar
Prasad vs. Govt. of A.P. and Ors.
This case is similar to the above-mentioned case study. In
this case, also once again, the Supreme Court declared that the ultimate powers
to punish for contempt are inherent and in-built in nature, and the provision
of the constitution only recognized the said pre-existing situation.
However, it is important to note that the provision of contempt
of court cannot be used to limit the exercise of jurisdiction given in Article
129 and Article 215 of the constitution.
Zahira
Habibullah Sheikh & Anr vs State of Gujarat & Ors
In this case, it was held that the punishment that is given for contempt in
the Contempt of Court Act, 1971 shall only be applicable to the High Court but
for Supreme Court, it acts as a guide. As this judgment was not
accompanied by rationality, this was a difficult situation as the Supreme Court
has been given great powers that the drafters of the Indian Constitution has
also not given.
Conclusion
The
current job identifying with ex facie contempt of lower courts is unacceptable
and deluding in India. It creates the impression that clearly, challenges in
such manner are the after the result of the cover of contempt powers under the Indian
Penal Code, Contempt of courts Act and hatred forces of the Supreme Court and
High Court under the Indian constitution. The situation has risen as more convoluted
by a method of the conflicting translations finished the Supreme Court and High
Court in regards to different arrangements under the Indian Penal Code dealing with interference with the
administration of justice and exclusion clause contained in the Contempt of
Courts Act. Not just the higher court ought to be enabled to manage
hatred, yet additionally, the lower court ought to be given this force. Contempt
of court whenever seen from the point of view of the appointed authorities,
higher legal authorities appear to be acceptable yet in the event that it goes
to the viewpoint of common people it turns towards its awful impact.
The author of this blog/Article is Kishan
Dutt Kalaskar, a Retired Judge and practising advocate having an
experience of 35+ years in handling different legal matters. He has prepared
and got published Head Notes for more than 10,000 Judgments of the Supreme Court and High Courts in different
Law Journals. From his experience he
wants to share this beneficial information for the individuals having any
issues with respect to their related matters .
Author :
Kishan Dutt Kalaskar
Advocate (Retired Judge)
No.74, 1st Floor, 6th
Cross,
Malleswaram,
Bengaluru-560003
Mob: 9686971935
www.kishanretiredjudge.com
Is Docusign/Electronic signatures valid in Poland and Dubai Admissibility of E-signatures in Poland: In accordance with Polish law, a written signature for a valid contract is not necessarily required. read more
Is
Docusign/Electronic signatures valid in Poland and Dubai
Admissibility of E-signatures in
Poland: In
accordance with Polish law, a written signature for a valid contract is not
necessarily required. Contracts are usually valid if the legal competent parties
agree orally, electronically or on paper (Art. 60 and Art. 66 of the Polish
Civil Code) unless a specific form for concluding the contract is required
by law.
The eIDAS ( Regulation came into force on 1st
July, 2016 which relates to electronic signatures and is technology neutral
defining three types of electronic signature (Standard Electronic Signature, Advanced
Electronic Signature and Qualified Electronic Signature). Article 25(1) provides
that an electronic signature shall not be denied legal effect and admissibility
as evidence in legal proceedings solely on the grounds that it is in an
electronic form or does not meet the requirements of a QES. The legal impact of
a QES is equivalent to the document signature in Articles 25(2) and (3)
and it is ensured that a QES recognized in one EU Member State, will be recognized
in other Member States as well. Finally, Recital 49 requires national law
to define criteria for electronic signatures establishing under which
circumstances it might be required.
In accordance with Poland Laws, a QAS is a
legal e-signature. Though, it does not mean any e-signature other than QAS will
be denied admissibility, it would just need additional evidence to support it.
An AES is an “advanced electronic signature”, a
type of electronic signature that meets the following requirements: (a) it is
uniquely linked to the signatory; (b) it is capable of identifying the
signatory; (c) it is created using means that are under the signatory’s sole
control; and (d) it is linked to other electronic data in such a way that any
alteration to the said data can be detected.
A QES is a specific digital signature
implementation that has met the particular specifications of a government,
including using a secure signature creation device, and been certified as
‘qualified’ by either that government or a party contracted by that government.
However, Electronic signatures might not be
used in certain transactions such as:
1. Employment contracts,
termination notices for which the Civil Code specifically requires an ink
signature.
2. Real property
transactions. (Notarization)
3. Family law documents
such as Wills, Marriage and Inheritance contracts.
4. Transfer of shares or
transfer of lease of an enterprise.
5. Corporate shareholder
resolutions.
6. All decisions issued
by the Government.
Admissibility of E-Signatures in Dubai: In the UAE, Federal law No. 1 of 2006 on electronic
transactions and e-commerce ("federal e-commerce law") governs the
use and admissibility of electronic signatures.
Fundamental
electronic signatures are widely defined to include all forms of electronic
signatures. This is commonly defined as electronically attached or logically
linked data that is used as an authentication tool.
An electronic signature that meets the
requirements of the Federal E-commerce Law has legal force and effect under the
Federal E-commerce Law. The Federal E-commerce Law further provides that
nothing in the laws of evidence (which includes Federal Law No. 10 of 1992
(“Law of Evidence in Civil and Commercial Transactions”) shall prevent the
admission of an electronic message or e-signature in evidence.
Reliance on electronic signatures must be
reasonable. Reasonableness is generally based on the following factors:
1.
The nature, value and importance of the transaction being
supported by the electronic signature;
2.
Steps taken by the relying party to verify the identity of the
signatory of the electronic signature;
3.
Evidence of prior breach or cancellation of the electronic
signature;
4.
Previous transactions between the parties, which relied on
electronic signatures; and
5.
Any other relevant factor.
However, specific categories of transactions
and documents for which electronic signatures may not be used, including:
1.
Transactions and issues relating to personal law such as
marriage, divorce and wills;
2.
Deeds of title to immovable property;
3.
Negotiable instruments;
4.
Transactions involving the sale, purchase, lease (for a term of
more than 10 years) and other disposition of immovable property and the
registration of other rights relating to immovable property;
5.
Any document legally required to be attested before a Notary
Public, and
6.
Any other documents or transactions exempted by special
provision of the law.
Conclusion: E-signatures are
admissible as a legal signature except in the cases wherein it is specifically
required/stated that there shall be a physical signature.
The 3-Judge Bench of the #SupremeCourt has in a recent case of Praneeth K and Others vs University Grants Commission and Others along with nine other Petitions,passed a Judgment dated 28-08-2020 and upheld read more
The 3-Judge Bench of the #SupremeCourt has in a recent case of Praneeth K and Others vs University Grants Commission and Others along with nine other Petitions,passed a Judgment dated 28-08-2020 and upheld the validity of the #Guidelines issued by the University Grants Commission (#UGC) dated 06-07-2020, directing all #universities and #colleges in the country to conduct terminal semester/final year #examinations by 30-09-2020.
To read more, please visit the link below:
#ugc #university #college #examinations #exams #supremecourt #stategovernment #guidelines

Allahabad, India

Kolkata, India

Allahabad, India

Moradabad, India

Mohali, India

Navi Mumbai, India

Glendale, United States

Muzaffarpur, India
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SoOLEGAL Transaction Services Agreement :
By registering yourself with SoOLEGAL, it is understood and agreed by you that the Terms and Conditions under the Transaction Services Terms shall be binding on you at all times during the period of registration and notwithstanding cessation of your registration with SoOLEGAL certain Terms and Conditions shall survive.
"Your Transaction" means any Transaction of Documents/ Advices(s), advice and/ or solution in the form of any written communication to your Client made by you arising out of any advice/ solution sought from you through the SoOLEGAL Site.
Transacting on SoOLEGAL Service Terms:
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.
Unless otherwise defined in this Documents/ Advice or Terms & Conditions which being the guiding Documents/ Advice to this Documents/ Advice, all capitalized terms have the meanings given them in the Transactions Transaction Terms and Conditions.
S-1. Your Documents/ Advice Listings and Orders
S-1.1 Documents/ Advices Information. You will, in accordance with applicable Program Policies, provide in the format we require. Documents/ Advices intended to be sold should be accurate and complete and thereafter posted through the SoOLEGAL Site and promptly update such information as necessary to ensure it at all times that such Documents/ Advices remain accurate and complete. You will also ensure that Your Materials, Your Documents/ Advices (including comments) and your offer and subsequent Transaction of any ancillary Documents/ Advice pertaining to the previous Documents/ Advices on the SoOLEGAL Site comply with all applicable Laws (including all marking and labeling requirements) and do not contain any sexually explicit, defamatory or obscene materials or any unlawful materials. You may not provide any information for, or otherwise seek to list for Transaction on the SoOLEGAL Site, any Excluded Documents/ Advices; or provide any URL Marks for use, or request that any URL Marks be used, on the SoOLEGAL Site. In any event of unlawful Documents/ Advices made available for Transaction by you on SoOLEGAL site, it is understood that liabilities limited or unlimited shall be yours exclusively to which SoOLEGAL officers, administrators, Affiliates among other authorized personnel shall not be held responsible and you shall be liable to appropriate action under applicable laws.
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:
1. Fulfilment by Registered User/ Consultant - In the event of Client seeking consultation, Registered User/ Consultant has to ensure the quality of the product and as per the requirement of the Client and if its not as per client, it will not be SoOLEGAL’s responsibility and it will be assumed that the Registered User/ Consultant and the Client have had correspondence before assigning the work to the Registered User/ Consultant.
2. Fulfilment by SoOLEGAL - If the Registered User/ Consultant has uploaded the Documents/ Advice in SoOLEGAL Site, SoOLEGAL Authorised personnel does not access such Documents/ Advice and privacy of the Client’s Documents/ Advice and information is confidential and will be encrypted and upon payment by Client, the Documents/ Advice is emailed by SoOLEGAL to them. Client’s information including email id will be furnished to SoOLEGAL by Registered User/ Consultant.
If Documents/ Advice is not sent to Client, SoOLEGAL will refund any amount paid to such Client’s account without interest within 60 days.
3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
4. SoOLEGAL will remit the fees (without any interest) to its Registered User/ Consultant every 15 (fifteen) days. If there is any discrepancy in such payment, it should be reported to Accounts Head of SoOLEGAL (accounts@soolegal.com) with all relevant account statement within fifteen days from receipt of that last cycle payment. Any discrepancy will be addressed in the next fifteen days cycle. If any discrepancy is not reported within 15 days of receipt of payment, such payment shall be deemed accepted and SoOLEGAL shall not entertain any such reports thereafter.
5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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