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The long battle fought between the previous owners of #Ranbaxy Laboratories Limited (“RLL Company”) and the Japanese multi-national pharmaceutical company, #Daiichi Sankyo Company Ltd (“DSC”’) has finally read more
The long battle fought between the previous owners of #Ranbaxy Laboratories Limited (“RLL Company”) and the Japanese multi-national pharmaceutical company, #Daiichi Sankyo Company Ltd (“DSC”’) has finally being decided by the #Singapore Court of Appeal vide Judgment dated 28.05.2020 in favour of DSC making RLL liable to pay the awarded sum of INR 25 billion to DSC.
To read more, please visit the link below:
#daiichi #ranbaxy #supremecourt
Hello, *RKG UPDATES 30th May, 2020*Good morning,The link for the YouTube video is shared herewithhttps://youtu.be/xfY8a5W7QYU Regards, Team RKG
Hello,
*RKG UPDATES 30th May, 2020*
Good morning,
The link for the YouTube video is shared herewith
Regards,
Team RKG
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.
Termination of an Employee during Covid-19Employment in India is divided into two sections, the labour sector and the employment sector. This divide comes from the definition of ‘Workman’ in the Industrial read more
Termination of an Employee during Covid-19
Employment
in India is divided into two sections, the labour sector and the employment
sector. This divide comes from the definition of ‘Workman’ in the Industrial
Disputes Act. The result of making such a definition and its connection to the
definition of ‘factory’ lead to the specific conundrum, where a majority of the
labour law statutes in India don’t apply to a large section of employees in
India. This paper focusses on that part of the Indian workforce in the
organized sector that is dependent on employment contracts for their continued relationship
with their employee. Specifically, this paper wants to discuss this
relationship between employer and employee in the specific context of the
current pandemic and the lockdown. It is well known that employers have been
cutting down on their workforce in light of dwindling finances and prospects
for recovery for the economy. The government has swooped in and has attempted
to remedy the situation by instituting nodal offices to the labour departments
that will receive complaints about unfair and unethical termination of
employees.
In light of the
pandemic, the government has further sent out advisories by both the MHA and
Labour departments. These advisories target this specific group of unprotected
employees. At the same time, the government itself cannot do much in terms of
interim protection, it has exhorted companies to refrain from sacking employees
en-masse, and further to not exacerbate the situations that might cause
employees to resign. The respective states have passed their own notifications
mandating that employees shall be paid their wages as usual, and employers
shall be proceeded against under the Disaster Management Act, if they indulge
in large scale retrenchment. This comes from the fact that the notifications of
the government after the lockdown had been instituted have all been issued in the
strength of the Disaster Management Act. For that reason, this paper will
consider conventional cases of termination of employment of contract-based
employees, and answer the thesis from that perspective.
It is important
to note that even though the primary reason why employees are being removed is
the Coronavirus and ensuing lockdown, companies are not utilizing any new means
and justifications to lay off the employees, it is still being done through the
contractual limitations and provisions already made available and notified to
both parties to the employment contract.
The
government has made further provisions ofthe payment of wages to workmen and
their termination among other things: These measures are welcome, and necessary
respite in lightof the possibility and potential of misuse of the contractual
relationship that employers share with their employees. The reason why these
measures have been taken is that employers have a far greater say and power in
the negotiations for deciding the terms and conditions of the contract that is
agreed upon between the parties at the time. This paper wants to explore the
options the employer has in terms of his termination, and if at all, there are
remedies that can be pursued.
The
At-Will Theory of Employment
The
fundamental principle of contract-based employment is the understanding that it
is not contractual employment as defined in the Contract Workers Act. This
paper only deals with the peculiar situation of employer/employee relationships
thatare pre-determined through a contractual agreement. In general, these
contracts already contain the conditions of employment, and there is little
left for speculation, this includes even the conditions for termination of
employment. Most contracts, and interpretations of these contracts are
constructed around the ‘at will’ theory of employment. This theory propagates that
the employer is free to determine the role of the employee at will, and this
has been used as a justification in situations where employees have been fired
despite the lack of any apparent misgivings.
This
‘at will’ theory of interpretation of employment contracts is popular in India,
albeit with some modifications to suit the overall policy of employment laws.
In order to understand this ‘at will’ principle, let us look at the case ofDeMasse v ITT Corp.194
Ariz. 500in this case the company had additional rules of conduct
guidelines in the employee handbook and when one of the employees sued the
company for wrongful termination, the company referred to the employee handbook
and argued that since some conditions of employer/ employee relationship cannot
be pre-determined, it is necessary that the ‘at will’ principle should be
extended to provisions that are determined after the conclusion of the original
contract. This means that the employer hasthe absolute power to amend and
modify the terms of employment (and therefore the termination) at any time
during the pendency of the employment, provided that due notice has been given
(this distinction was made in Gower v
North Sound Bank957 P.2d 811 Wash.
Ct. App.1998). In India, the treatment of employment is somewhat
similar. Before moving on to understand the precedent of the contractual
relationship between parties, one needs to bear in mind that during the current
pandemic, the governmenthas put out particular guidelines which mandate that wrongful
and excessive firing is not permissible, and in the same notification,
companies were instructed on the accruing penalties in the event of either
terminating employment or making detrimental changes to the designation of the
employee during the incidence of the pandemic. It is important to note that
there is still no protection or standardized dispute resolution for employee
disputes, neither is there a standard statute that employees can make claims
under. The Shops and Commercial Establishments Act is the best point of reference
to protecting the rights of private employees, most states have their personal Shops,
and Commercial Establishments Act, the general understanding from perusing the
different state-specific acts is that there is no limitation on the grounds for
termination of employment, rather merely a limitation on the procedure. In most
states, more likely than not, employees cannot be terminated without a 30-day
notice if they have served more than 3 months, and if they served less, they
are entitled merely to a 14-day notice. These acts make reference to wrongful
termination in the context that the procedures such as payment of severance
bond, due notice period (in Tamil Nadu and Karnataka there is no time specified
for notice of termination, what is mentioned is just a reasonable notice
period). These acts leave the grounds of termination up to the specific
employer and in the event that such termination is based on a fundamental
breach of contract, even that notice period is subject to waiver.
Precedent
and Treatment of Employment Contracts by SC and High Courts
In
this light, this paper wants to take a look at a few cases that demonstrate the
relationship between a contract-based employee and his employer. The best
example is the Neha Dhar v National Airways Company(2011) 1 Cal, Lt.
284 case, this was a blatant case of arbitrary termination. The petitioner,
in this case, was fired from her position as air hostess because she was
‘overweight’ this was a matter of contention as the petitioner argues on the
basis of Article 14 against discrimination on the basis for her physical
condition. Upon examination, the court held that the employment contract that
she signed at the time of joining required a minimum and maximum weight
restriction. In that case, it was decided that despite the nature of the terms
of employment, due to the mutual nature of an employment contract, these conditions
once accepted by showing of assent by the employee couldn’t be reneged
unilaterally by the employee.
A
similar example can be seen in Ramneet
Singh Chahal v Oracle Ltd.where the essential claim of the terminated
employee was a request to reinstatement to its previous position upon
establishing that his termination was motivated by illegal motes. The court on
the strength of previous Supreme Court decision in S.K. Shetty v Bharat Nidhi Ltd. AIR 1958 SC 12stated that
a claim of reinstatement was not statutorily provided for. The best remedy a
private employee can hope for in action against his employer is one for payment
of back-dated-wages and a declaration that the termination is illegal in
nature. To put in simpler terms, as held in Binny Ltd. And Ors v. Sadashivnan and Ors.(2005) 6 SCC 257The general
principles of administrative laws do not apply to private employment, in that
case, the determinate fact in issue was whether the employees would be workmen
and in the event, they weren’t due to a recent change in designation, whether
the same principles of industrial and administrative law applied to them. The
main takeaway from this case is that the determinate factor in applicability of
the ‘at will’ principle depends more on the tasks fulfilled by the employee
rather than the official designation.
Further,
in the case of Shri Satya Narayan Garg
v DCM Ltd. (2012) 127 Drj 216
It was held on the strength of mitigation of damages, and the manner in which
the Supreme Court interpreted the case, employees cannot claim
compensation for an indefinite period after their termination, and in
situations where compensation for wrongful termination is claimed, the
expectation is that an employee will seek out alternative employment in the
meantime. This case is a reference for the quantum of compensation for a
servant upon the termination of his services.The court held that the compensation should extend only to such
limited period as the illegal termination has affected the employee.
A
similar decision was rendered in the case of GE Transportation v Shri Tarun Bhargava(2012) 190 DLT 195, here the court held that since the
employee wasn’t governed by the Industrial dispute act, and that the specific
relief act didn’t provide for specific performance of a determinable contract,
the agreed-upon period of one month’s notice shall validly terminate the
employment and no compensation for the period that the petitioner was disabled
from the performance.
Further
in the discussion on grounds for termination, reference is made to Air India Corporation v VA Rebellow1972 AIR 1343where it was held
that in order for an employment contract to be terminated, a lack of confidence
in an employee is sufficient grounds. In this specific case, the company stated
that since the petitioners’ job was to deal with the air hostesses and act in
confidence, the aspect of confidence of the management in his capacity is
important. Despite the arbitrary nature of this termination, it shall hold.
Employers and Covid-19 No
The
Coronavirus outbreak has led to numerous problems in the country. The chain of
demand and supply is disturbed not only in the country but across the world.
Though work from is one of the thing, being suggested by most of the companies,
there are sectors where work from is not feasible as it includes fieldwork,
manufacturing units etc. Certain
sectors are having a hard time opting for work from home culture. This includes
the banking sector or any sector where data to be shared is highly confidential
and needs to be protected.
All this is obvious to create a huge impact on
the business and the job of the employees. Therefore, there arises a need to
safeguard the interest of such employees so that they can feed themselves and
their families, in these hard times.
Below are a few reasons that employers are
listing while terminating an employee during the pandemic:
·
Lack of projects and
work available to the employer himself.
·
No access to financial
supports due to lack of work and lack of investors.
·
Work from home of
remote work is not possible.
·
If an employer and employee have not been able to agree to alternative
working arrangements.
·
Consistency of work has been lowered relatively.
·
“Frustration of contract’ grounds wherein the employer would be unable
to determine with any certainty how they may be able to resume
operations.
·
Inefficiency.
·
Violation of confidential provisions.
·
Breach of employment contract.
Employees and Covid-19
The
country has shifted to digitalization due to the sudden outbreak of Coronavirus
in the country. It is hard to believe, but its been two months, that people are
locked inside their houses and non-essential offices are shut. Most of the
companies, employees have been asked to work from home so that that their work
is not stopped, and income can be generated. The question which arises during
this situation is that what are the rights of the employees under such
circumstances?
Remedies available to the employees
For an employee who falls under the
category of a ‘workman’, their conditions of service are governed by the
Industrial Dispute Act, 1947 (‘Act’). Section 2A of the Act provides that
dismissal of an individual workman will be deemed to be an industrial dispute.
·
The above dispute
can be settled by way of adjudication or by conciliation, and in case the
matter is settled by conciliation, the dispute comes to an end. In case the
dispute is not settled, the dispute is referred to adjudication.
·
When an employee is
terminated who is a non-workman, his terms and conditions of service are
governed by the letter of appointment or employment contract, provided at the
joining date, issued by the employer and the Indian Contract Act, 1872 and the
State-Specific Shops and Establishment Legislations as well as the various
orders that have been issued by various departments of central and state
governments during the lockdown. A non-workman has the right to approach the
civil court and/or the court designated under the Shops and Establishments
legislation seeking payment of any unpaid dues and/or damages for wrongful
termination if the termination was against the terms agreed by the employer.
·
During the nationwide
lockdown, the companies can ask the employees to work from home, and for this,
the employee would be entitled to full salaries.
·
Talking about the
payments to employees, the government on March 21, 2020, issued a circular
which provides that even if a work unit is non-functional due to the virus, the
employers are entitled to consider the employees as working. The various state
government has also issued notices that such employees should be paid.
·
The Maharashtra
government also mentioned that no employer can deduct salaries or terminate the
employee on the basis of this pandemic. It especially implies on the contract
or casual workers.
·
The Ministry of home
affairs issued a circular on March 29, 2020, which informed the state
governments and ministries to
ensure that the employers of all the industries, shops, companies, etc. pay
full wages to the employees without any deductions, during the lockdown.
·
Employers cannot reduce the working hours, to get a reason to
reduce the salaries of the employees to control the loss of the business.
Moreover, the employers are not entitled to reduce the workforce to safeguard
the business from the impact of Covid-19. Both such acts are prohibited by the
notification issued by the Ministry of Home Affairs on 29th March
2020.
·
Employers should make sure that the working hours of the
employees are not exceeded, then their actual working hours. Since there is no
statute to govern the concept of work from home therefore general employment
laws will be applicable.
·
However, these are mere
guidelines and not enforceable in the court of law. The employee can send a
formal notice to the company explaining the unfair dismissal, if the issue is
not settled, then it can be taken to court.
·
The employee has the
right to file a case against the employer for unfair dismissal in the Labour
Court.
·
Furthermore, the
principles of natural justice are still applicable to an employee (Delhi Transport Corpn. V DTC Mazdoor
Sabha1991 AIE 101),
which shall allow him to be heard and be given due representation during the
termination process. Though even in this regard, most companies prohibit the
presence of lawyers during the internal termination hearings. Terminated
employees are also permitted to raise a claim in the absolute if due notice or
time has not been provided to him to formulate a response and justification for
the alleged wrongful conduct.
Conclusion
These
cases are a sample of the many instances where private employees governing through
a contract are able to exert absolute control over the termination of work of a
private employee. The states had the option to legislate on the status of such
employees when making their respective amendments to the state Shops and
Commercial Establishment Acts. However, such changes were only made in the
limited scope of procedure of termination rather than any governing principles
for the substantial element thereof. One thing needs to be kept in mind, is
that an employee has the absolute right to pursue a legal remedy in the
instance of wrongful termination; and the employer is mandated through contract
law to provide for a dispute resolution mechanism.
Despite
all this, the pursuits of an employee wrongfully terminated fall short of
reinstatement. As we have seen in precedent above discussed, employment
contracts can determine the outcome of a claim made for wrongful employment,
and since they are determinate contracts, an employee thus terminated has the
capacity to initiate a proceeding in a forum of the mutual choosing, but will
never be able to enjoy the full gamut of protection and remedy a workman is
privy to.
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
Bench: Hon'Ble Dr. Chandrachud, Hemant Gupta Introduction 2020 is coming out wrong for multiple reasons but in terms of gender equality, this year is coming out to be wholesome. First the judgement relating read more
Bench: Hon'Ble Dr. Chandrachud, Hemant Gupta
Introduction
2020 is coming out wrong for multiple reasons but in terms of gender equality, this year is coming out to be wholesome. First the judgement relating to Permanent Commission of Women in Indian Army and subsequently for PC of Women in Indian Navy has changed the history in the area of defense.
Background/Facts of the case of Union of India & Ors. V. Lt. Cdr. Annie Nagaraja & Ors.
Six Writ Petitions under Article 226 of the Constitution were instituted before the Delhi High Court. The petitioners, seventeen in number, were women officers who joined the Indian Navy as Short Service Commissioned Officers in the Logistics and Air Traffic Controller cadres and the Education branch. Six of them were officers in the Logistics cadre, nine in the Education branch and two in the ATC cadre. Their grievance is that despite completing fourteen years of service as SSC officers, they were not considered for the grant of Permanent Commissions and were discharged from service.
The second batch of proceedings which has led to appeals before this Court arises from the decision of the AFT at the Principal Bench in New Delhi in a Writ Petition (C) No. 7336 of 2010 batch of six Original Applications. The lead Original Application was instituted by Commander Priya Khurana.
The applicants before the AFT in this batch of cases were seven SSC officers recruited in 2002 in the Indian Navy in the Logistics and ATC cadres and the Education branch. They sought the grant of PCs and challenged the policy document dated 26 September 2008 as unconstitutional to the extent that it operated prospectively and restricted the grant of PCs to a few cadres/branches.
Consequently, there was also a challenge to the implementation guidelines dated 3 December 2008 issued by the Integrated Headquarters of the Ministry of Defense. The officers challenged their release from service on the completion of their tenure of SSC engagement. The AFT held that an alteration has to be based on a reasonable exercise of power. The subsequent decision making the grant of PCs only prospective and confining it to stipulated branches was held to be invalid. The AFT has placed a considerable degree of reliance on the fact that the advertisements on the basis of which the SSC officers were inducted had held out a specific representation that the officers would be considered for the grant of PCs.
The decision of the AFT was subsequent to the earlier judgment of the Delhi High Court in Annie Nagaraja, which is the subject matter of appeals instituted before this Court. The AFT clarified that its direction to reconsider the case of the SSC women officers for the grant of PCs was subject to the decision of this Court in Annie Nagaraja. While directing the consideration of the claim of SSC women officers to the grant of PCs by the Indian Navy, the AFT stopped short of the direction which was issued by the Delhi High Court for the grant of PCs.
The AFT was of the view that the appropriate relief was to direct that the applicants be considered by the authorities and to this extent it disagreed with the absolute relief granted by the Delhi High Court for the grant of PCs.
The AFT accordingly directed the reconsideration of the request for the grant of PCs on the basis of Regulation 203 and the policy decision dated 25 February 1999 within six months.
The decision of the AFT in this batch of cases has, in the course of the submissions, been adverted to as the decision in Priya Khurana v. Union of India, In the appeals arising out of the judgment of the AFT in Priya Khurana, an interim order was passed by this Court on 28 October 2016 directing the continuation in service of the SSC officers in that capacity until further orders.
The present batch of Civil Appeals comes up for adjudication from two decisions, the first in point of time being that of the High Court of Delhi and the second, being that of the Armed Forces Tribunal.
Issue presented before the court
Whether women officers in the Navy be eligible for Permanent Commission or not.
Arguments presented
Mr. Sanjay Jain, learned Additional Solicitor General for India submitted that the Indian Navy does not discriminate between men and women. the size of the Indian Navy is much smaller than the other Armed Forces, as a consequence of which, the pyramidal structure is saturated comparatively quicker than in the Army and the Air Force.
Ms. Haripriya Padmanabhan, learned counsel appearing for the respondent nos. two to six in Annie Nagaraja’s case urged SSC male officers have been granted PCs in various departments of the Navy. The grant of PCs to SSC male officers in certain cadres was halted following the induction of women on SSCs in those cadres. PCs, being granted to male officers in these specified streams must also be extended to women officers inducted on SSCs.
Mr. CU Singh urged that the AFT rendered one common judgment in six OAs. The Union of India having filed an appeal only in one of the cases arising from the AFT, it was urged that the common judgment binds the Union Government and operates as res judicata in the other five OAs. Hence, it was submitted that it is not open to the Union of India to file an appeal only in one of the six cases where a common judgment has been delivered on similar facts.
This Court, in upholding Section 21 of the 1950 Act, held that the exercise of such power must necessarily conform to the restrictions inherent in Article 33 of Constitution. The nexus requirement in Article 33 was affirmed by this Court in Union of India v LD Balam Singh and Mohd. Yunus Khan v. State of UP.
The court held that Hence from 20 December 1991, it was within the contemplation of the Union Government that the policy for the induction of SSC officers, including women, on PCs would be notified within a period of six years. This was because officers who were inducted on SSCs would have tenure of seven years.
Regulation 203, in its own terms, is not restricted in its application to only male officers. Once the appointment of women officers in the Indian Navy was permitted in terms of the statutory notifications dated 9 October 1991 and 6 November 1998, the statutory bar under Section 9(2) stood lifted and women officers inducted on SSCs would be entitled to be governed by Regulation 203.
The court also held that to deprive serving women officers of the opportunity to work as equals with men on PCs in the Indian Navy is plainly discriminatory. Furthermore, to contend that women officers are ill suited to certain avocations which involve them being aboard ships is contrary to the equal worth of the women officers who dedicate their lives to serving in the cause of the nation.
By the failure of the authorities to consider the SSC officers for PCs in terms of the policy communication of 25 February 1999, SSC officers lost out on the opportunity to be granted PCs and all the responsibilities and benefits attached to the grant of PC, including promotions and pensionable service.
The court further held that these SSC officers cannot be left in the lurch and the injustice meted to them by lost years of service and the deprivation of entitlements at the time of retirement must be rectified.
Decision of the court
The statutory bar on the engagement or enrolment of women in the Indian Navy has been lifted to the extent envisaged in the notifications issued by the Union Government on 9 October 1991 and 6 November 1998 under Section 9(2) of the 1957 Act;
By and as a result of the policy decision of the Union Government in the Ministry of Defense dated 25 February 1999, the terms and conditions of service of SSC officers, Regulation 203, Chapter IX,
The stipulation in the policy letter dated 26 September 2008 making it prospective shall not be enforced;
The provisions of the implementation guidelines dated 3 December 2008, to the extent that they are made prospective and restricted to specified cadres are quashed and set aside
All SSC officers in the Education, Law and Logistics cadres who are presently in service shall be considered for the grant of PCs.
The period of service after which women SSC officers shall be entitled to submit applications for the grant of PCs shall be the same as their male counterparts.
Women SSC officers of the ATC cadre in Annie Nagaraja’s case are not entitled to consideration for the grant of PCs.
In exercise of the power conferred by Article 142 of the Constitution, we direct that as a one-time measure, SSC officers in the ATC cadre in Annie Nagaraja’s case shall be entitled to pensionary benefits.
All SSC women officers who were denied consideration for the grant of PCs on the ground that they were inducted prior to the issuance of the letter dated 26 September 2008, shall be deemed as a one-time measure, to have completed substantive pensionable service.
As a one-time measure, all SSC women officers who were before the High Court and the AFT who are not granted PCs shall be deemed to have completed substantive qualifying service for the grant of pension and shall be entitled to all consequential benefits;
Respondents two to six in the Civil Appeals arising out of Special Leave Petition (C) No.s 30791-96 of 2015, shall be entitled, in addition to the grant of pensioner benefits, as a one-time measure, to compensation quantified at ₹ 25 lakhs each.
MOHD. AHMED KHAN V. SHAH BANO BEGUM AND ORS.,1985CASE ANALYSISINTRODUCTION-In this groundbreaking case the Supreme Court struggled with the question of compensation to be provided by her husband after read more
MOHD. AHMED KHAN V. SHAH BANO BEGUM AND ORS.,1985
CASE ANALYSIS
INTRODUCTION-
In this groundbreaking case the Supreme Court struggled with the question of compensation to be provided by her husband after the divorce to an aggrieved divorced Muslim woman. The Supreme Court referred to the Holy Quran as the authoritative text with great emphasis on the friction between the Code of Criminal Procedure Code Section 125 and Muslim Personal Law. Although the husband's request not to offer assistance was rejected, the same one faced considerable opposition and was claimed to be against Islamic law. The then government declared the law applicable only during iddat time. The case was subsequently upheld in further rulings by the apex court.
FACTS STATED-
• Shah Bano was offered Rs.200 as a monthly maintenance by her ex-husband after the same had stopped in April 1978 after she was forced out of her house in 1975.
• In 1978 she lodged Rs 500 a month for maintenance petition in the local court.
• The husband then on 6 November 1978 gave her irrevocable talaq and used it as a shield not to pay for maintenance.
• Furthermore, he argued that for about two years the amount of Rs 200 per month had been paid and an additional amount of Rs 3000 had been deposited in court for iddat period.
• In August 1979 the magistrate ordered the husband to pay a monthly amount of Rs 25 as maintenance.
• A modification order lodged at high court raised the maintenance to Rs 179.20 a month. The same was challenged at the Supreme Court by the husband as a special petition for leave to the decision of the high court.
ISSUES OF THE CASE-
• That that would refer to Muslims under Section 125 of the Criminal Procedure Code.
• Whether the mere payment of Mehr to the divorced husband is sufficient to remove him from any duty to pay for the maintenance of the wife thereafter.
ANALYSIS OF THE JUDGMENT-
In this situation, precedents have been discussed; however, they are not explicitly in line with the legal problems at hand. Whether the husband's payment of mehr on divorce is enough to absolve him of any obligation to pay the wife's maintenance.
"There is no escape from the conclusion that a divorced Muslim woman has the right to claim maintenance under Section 125 and that Mehr is not a sum payable on divorce under Muslim Personal Law." In favor of the ruling in Bai Tahira, the Court reached the above-mentioned decision where Justice Krishna Iyer held that "...paying of illusory sums (referring to 'mehr') by way of customary or personal law provision would be included in the reduction of the maintenance rate but cannot annihilate the rate unless it is a fair alternative." That the Muslim Personal Law provides for any clause in which a amount is payable to the wife 'on divorce'-Referring to the views expressed by the learned scholars (Mulla, Tyabji and Paras Diwan), the Court concluded that "These statements in the textbook are inadequate to establish the assumption that the Muslim husband is not obliged to provide for the maintenance of his divorced wife, who is unable to maintain herself." "The amount deposited through Mehr is usually required to take care of the wife's ordinary requirements, during and after the marriage. Yet these Muslim Personal Law rules do not countenance situations in which the woman can not keep herself after the divorce. We find that applying the application of the statements quoted above to situations in which a divorced woman is unable to support herself is not only wrong but also unfair. They conclude that the scope of such provisions of law must be limited to that subset of situations in which there is no risk of vagrancy or destitution resulting from the divorced wife's indigence.”
“Since the Muslim Personal Law, which limits the responsibility of the husband to provide for the maintenance of the divorced wife to the iddat period, does not contemplate or take account of the situation provided for in Section 125, it would be wrong to argue that the Muslim husband is in accordance with his personal law, Is not under an agreement to give support to his estranged wife, who can not maintain herself, beyond the time of iddat.”
The Court ruled that if the wife does not have adequate means to support herself, the husband's responsibility to pay maintenance to the wife continues beyond the iddat era.
That Muslims are protected under section 125 of the Law.
Referring to Section 125 of the Code, the Court stated: "In the scheme of these provisions, religion professed by a spouse or by the spouses has no place. If the partners are Hindus or Muslims , Christians or Parsis, pagans or heathens, the interpretation of this clause is entirely meaningless. The explanation for this is axiomatic, in the sense that Section 125 is part of the Criminal Procedure Code, not of the Civil Laws specifying and regulating the rights and duties of the parties belonging to different faiths, such as the Hindu Adoptions and Maintenance Act, the Shariat, or the Parsi Matrimonial Act.
Clause (b) of the Explanation to Section 125(1), which describes 'wife' as having a divorced wife, does not include any restrictive terms to explain the exclusion of Muslim women from its reach-'Wife' means a wife as described, irrespective of the religion she or her husband profess. For the purposes of Section 125, therefore, a divorced Muslim woman, as long as she has not remarried, is a 'wife.' Within that clause the legislative privilege open to her is not impaired by the personal law provisions applied to her.
The Court provided an example of the Islamic Law concerning polygamy in answering this question-It is all too well known that "A Mahomedan may have as many as four wives at the same time but not more. When he marries a fifth wife while he already has four, the union is not invalid, but merely incomplete" The reason gives the wife the freedom to continue to stay with her husband when he contracts another union, to leave 3 or 4 other marriages alone. And held-"It unmistakably demonstrates that Section 125 prevails over personal rule where there is some dispute between the two.
Whether there is any conflict between the provisions of Section 125 and those of the Muslim Personal Law regarding the Muslim husband's liability to provide for his divorced wife's support. The true condition is that if the divorced wife is willing to maintain herself, the husband's duty to provide care for her ends with the expiry of the iddat term. If she can not sustain herself, she is entitled to resort to Section 125 of the Code. The consequence of this debate is that there is no inconsistency between the terms of Section 125 and those of the Muslim Personal Law on the issue of the duty of the Muslim husband to give assistance to a divorced wife who is unable to sustain or maintain herself.
THE COURT REJECTED THE APPEAL, AND HELD-
The husband's payment of mehr on divorce isn't enough to absolve him of the wife's obligation to pay maintenance.
• The husband's responsibility for paying the wife's maintenance continues beyond the iddat duration if the wife has inadequate means to maintain or support herself.
• Article 125 of the Code extends to all people, irrespective of their religion.
• Section 125, if there is some dispute between the two, overrides the personal rule.
There is no dispute between the provisions of Section 125 and those of the Muslim Personal Law on the matter of the duty of the Muslim husband to provide care for a divorced woman who is unable to sustain herself.
CONCLUSION-
• The Shah Bano judgment attracted a lot of opposition on the grounds that it was against the provisions of Islamic law with authoritative bodies against the decision.
• This culminated in the passage of the 1986 Muslim Women ( Protection of Rights on Divorce) Act, which provided for Muslim women to receive a significant one-time payment from their husbands during the iddat period, instead of a fixed monthly payment of as much as 500 – an upper limit that has since been withdrawn.
• The case had again spurred the debate in India on the Uniform Civil Code, but the pressure exerted by orthodox Muslims triggered the cave-in of women's organizations and secularists.
Life of immigrant from legal perspective. read more
Life of immigrant from legal perspective.
Immigration Attorney,
Law of Immigration is a weapon or tool introduced by nations to prevent others to come to their country and this weapon or tool is mechanized in such a manner that it is released slowly at the whims of the nation to sub-serve its interest and it enables them to permit only those persons to come to their land only if they are useful to them in any manner according to the needs of the nation such as:
a) Such person or persons are highly skilled, educated, and possess knowledge unparallel to the existing knowledge of their country or when the knowledge available in their own country is scarce while the country needs plenty of knowledgeable persons in those fields. The objective being that when such persons come to their country, they will be a great help to their country, train their men in such fields, shall boost industry, research, invention, economy and provide lot of services to the nation which they are not having or they are not able to meet all their requirements.
b) Such person’s sub-serves political interest of the nation they being enemy to their enemy, helpful to the nation being close to their friends, helpful in creating a group opposed to their political or nation’s opponent or victims or sufferers get protection on humanitarian ground. Asylum besides others is one of the forms of permission granted in such cases.
c) Such persons bring or invest funds, knowledge, invention, skill or any other form of investment and help the economy of the country and they also provide employment to the locals and further help the citizens and other locals of that nation.
d) Such persons sub-serves the needs of the nation in areas in which they are having scarce availability of men, knowledge, resources, skills, research abilities, or even habits to do the work with great dedication and even work for longer hours and periods. Different ways and means are offered to them to come to their own country.
e) Sometimes a nation because of habits of its people who are not prepared to do certain jobs lowly in nature or of specified types being ugly, difficult, cumbersome, demands extreme amount of labor, research or work, etc. encourage people from other boundaries to come to their boundaries to fill the gap.
f) In order to help their citizens in the fields of their known and prescribed choices, they allow the foreign nationals to whom they have married, children of such marriages to enter U.S. and further to help its own citizens they permit them to sponsor their specified relatives and families in accordance with the prescribed laws in that regard.
How USA has handled the problem of immigration
Like all other countries US has also legislated in handling the problem of immigration in their country. It has barred the entry of all persons other than their citizens to United State of America unless such persons are permitted in accordance with the system created by the United States of America or in other words such persons hold visa to enter to their country. Visa is conferred both to immigrants and non-immigrants as per the law of the United States. A non-immigrant is a foreign national seeking to enter the United States on a temporary basis for tourism, business, medical treatment or certain types of other temporary works. An immigrant is a foreign national one who intends to come to United States of America on permanent basis. Even the temporary visas are preceded by permanent visas in some cases.
U.S. Constitution conferred exclusive right on the Congress to legislate in respect of immigration and areas related to the same. The first legislation in this area passed was the Naturalization Act, 1790 and thereafter from time to time many amendments have been made in the said law and new legislations have been enacted from time to time including Immigration Acts and presently the principal Act which holds the substantial field of law relating immigration is the Immigration and Nationality Act (INA).
Principally, three federal agencies were given the task of administering and enforcing immigration laws of United States. U.S. Citizenship and Immigration Services (USCIS) takes up and deals with applications for legal immigration. Immigration and Customs Enforcement (ICE) investigates the violations of the immigration laws and takes up the task of prosecuting offenders. Responsibility to keep the borders secure has been vested with Customs and Border Protection (CBP). The said agencies are part of the Department of Homeland Security. Violation of the duties conferred on different agencies and the rights of the applicants and convicting the guilty are taken care of by the Federal and other Courts including directing to grant immigration to those who are entitled to and when the said Agencies failed to grant the same.
Permanent Residency, Conditional Residency and Citizenship
For seeking immigration to United Stated, individuals are required to submit a number of detailed applications to the United States Citizenship and Immigration Services. Those who qualify can successfully obtain temporary immigrant visa, conditional residency or get direct or as a follow up lawful permanent residency (a green card), and ultimate citizenship on complying with the requirements for the same. The law provides various routes to gain permanent residency which inter alia include employment to workers, making investments and creating employment, by being refugees or asylees, family-based immigration etc. To gain such status one has to undergo various complicated procedures under immigration laws of U.S.
Persons possessing various defined extraordinary or exceptional abilities, advanced degrees, skills, specialized knowledge, having requisite experience in certain defined areas, professors or researchers, multinational executives, defined quality of skilled workers or professionals, other persons who perform jobs for which qualified or competent persons are not available in U.S., if intends to come to U.S. can apply during the period the window for such application is made open to them for seeking immigrant visa to U.S. Such persons have to meet all requirements of the application as prescribed and pay the requisite fee fixed for the purpose, U.S. can grant permanent or temporary visa to such applicants up to or short of the permitted limits.
Various Temporary Visa Classifications
Generally, initially Temporary employment-based visa is granted to various individuals whose applications are allowed within the permitted limits. Under this category, U.S. permit employers to hire and petition for foreign nationals for specific jobs for limited periods. Most temporary workers must work for the employer that petitioned for them and have limited rights to change jobs. This category is known as Visas for temporary nonimmigrant workers.
There are numerous categories of temporary nonimmigrants works and such categories keep on changing from time to time. Such categories include:
1) L-1 visas relate to visas for intracompany transfers.
2) H1b Visas relate to both highly-skilled and lesser-skilled workers possessing various degrees and qualifications. H Visas have further various sub categories.
3) Q-1 Visas relate to workers of extraordinary or exceptional abilities.
4) P Visas relate to athletes, sportspersons, persons from entertainment field and other skilled performers.
5) A Visas of different category relate to diplomatic employees.
6) R-1 Visas relate to different religious workers.
All such foreign national must comply with all other requirements specified for different categories or classifications. Beyond the number of visas permitted for each year, no visa can be granted. Such Visas can be for different periods. In addition, the applicants must conform to all other conditions laid down in the law of immigration. Despite fulfilling those qualifications, still the discretion is vested with the Authorities concerned to grant or refuse Visa to different applicants. In certain categories dependents are also permitted subject to their applications and nothing is considered objectionable against them as per the standards laid down for them. Generally, the immigrant must leave the U.S. if their status is terminated either prematurely or by the efflux the period for which it is granted. However, depending on the type of job and alien’s qualification, the alien may be permitted to complete the steps to become lawful permanent resident while continuing to live and work in the U.S. or otherwise.
For permanent immigration, numerical limit is prescribed every year which may include permanent resident, their eligible spouses and minor unmarried children. This number varies year to year. These Visas are divided into five preference categories. In some cases, the terms and conditions laid down by the Department of Labor and Secretary of Labor must also be followed.
For some categories, the sponsor’s first step is to file a petition with USCIS or the foreign national may self-petition.
The final step is with the alien’s application for an immigrant visa at a U.S. Embassy or Consulate abroad or for adjustment of status to LPR if in lawful status in the United States. For consular processing, the immigrant visa application cannot be filed until after USCIS approves the immigrant petition. The number for each category of Visa may be fixed to be different from time to time by the U.S. Authorities.
CONDITIONAL PERMANENT RESIDENT
A foreign national may apply for conditional lawful permanent resident status on the basis of qualifying genuine marriage to a LPR or a citizen. Their children can also similarly petition. Such conditions may be removed by moving a joint petition within two years of such conditional status. Such conditional LPR status may be lost if within two years they failed to file a joint petition to remove the conditional status or failing to appear for the requisite interview or if there is an affirmative termination prior to the expiration of two years, marriage is found to be fraudulent or when there is adjudication and denial of joint petition. However, this right is also lost in case of divorce unless the waiver is obtained for being causing undue hardship or for being battered and in such a case without other spouse such a self-petition can be moved as a VAWA self-petition by complying such requirement for such cases.
REFUGEE/ASYLEE A FORM OF SEEKING LAWFUL PERMANENT RESIDENT STATUS
Certain categories of individuals, who are not a security threat or risk to the U.S. or is not a perpetrator of persecution, and he has well founded fear of persecution on the basis of religion, race, nationality, membership in a specified particular social group or political opinion if he is retuned to the home country or the country of his last permanent residence and further such an individual has not committed the certain specified categories of crime can seek permanent resident status in the category of as refugee/asylee. A person in the U.S. can generally apply for asylum within one year of admission. Sometimes later for showing good reason, such application may be entertained later. Once, the foreign national is admitted, he will be allowed to stay permanently in U.S. till they are expelled from the U.S. on their becoming safety risk or if they are fall in the category of prescribed cases for loss of status or if found that they have got the said status fraudulently. A child of the refugee/asylee, if accompanying or following him, may also be admitted to the said status. They also can apply for LPR after one year by taking necessary steps in that regard if the foreign national is admissible. Sometimes, the Attorney Journal may waive the grounds for inadmissibility with some exceptions for humanitarian grounds or for preserving family unity.
OTHER NON-IMMIGRANT TEMPORARY VISAS INCLUDING VICTIMS OF TRAFICKING IN PERSONS OR CRIME VICTIM OF WITNESSES.
Students, vacationers, certain classes of temporary workers and specialized categories foreign nationals on the expiry of their temporary visa status are also considered in certain situations as eligible to seek temporary permanent visa on taking certain permitted actions.
Victims, foreign nationals if present in the United States as a result of severe form of trafficking of persons, and when they will suffer extreme hardship are also entitled to seek T Visa by making a reasonable request for assistance in the investigation or prosecution of traffickers. Their participation in such assistance is not mandatory if they are below 18 years of age or with some exceptions when they are undergoing physical or psychological trauma.
A person under the age of 18 when induced to perform a commercial sex is considered a victim of severe trafficking under Trafficking Victims Protection Act.
Similarly, undocumented foreign nationals who are in U.S. and are victims of severe physical or mental abuse as a result of being victim of criminal activity in respect of crimes like rape, torture, trafficking, domestic violence, sexual assault, incest, female genital mutilation, kidnapping, abduction, hostage, peonage, involuntary servitude, slave trade etc. as defined and is or likely to be of help to Federal, state or local investigation on having the certification of the defined authorities involved in prosecuting the criminal activity are entitled to U Visa.
A foreign national when married to a citizen of U.S. or LPR or a child of foreign national may petition himself/herself for LPR status without the co-operation of citizen or LPR spouse or parent when battered or subjected to extreme cruelty of the defined type by the citizen or LPR when the marriage is legal and in good faith and when possess a good moral character may also seek independently LPR status.
Family unification is an important principle governing immigration policy. The family-based immigration category allows U.S. citizens and LPRs to bring certain family members to the United States. Family-based immigrants are admitted either as immediate relatives of U.S. citizens or through the family preference system.
Prospective immigrants under the immediate relatives’ category must meet standard eligibility criteria, and petitioners must meet certain age and financial requirements. Immediate relatives are:
· spouses of U.S. citizens;
· unmarried minor children of U.S. citizens (under 21-years-old); and
· parents of U.S. citizens (petitioner must be at least 21-years-old to petition for a parent).
A limited number of visas are available every year under the family preference system, but prospective immigrants must meet standard eligibility criteria, and petitioners must meet certain age and financial requirements. The preference system includes:
· adult children (married and unmarried) and brothers and sisters of U.S. citizens (petitioner must be at least 21-years-old to petition for a sibling), and
· spouses and unmarried children (minor and adult) of LPRs.
In order to balance the overall number of immigrants arriving based on family relationships, Congress established a complicated system for calculating the available number of family preference visas for any given year. The number is determined by starting with 480,000 and then subtracting the number of immediate relative visas issued during the previous year and the number of aliens “paroled” into the U.S. during the previous year. Any unused employment preference immigrant numbers from the preceding year are then added to this sum to establish the number of visas that remain for allocation through the preference system. However, by law, the number of family-based visas allocated through the preference system may not be lower than 226,000. The number of immediate relatives often exceeds 250,000 in a given year and triggers the 226,000 minimum for preference visas. As a result, the total number of family-based visas often exceeds 480,000.
In Fiscal Year (FY) 2017, family-based immigrants comprised 66 percent of all new LPRs in the United States.
The family-based immigration system is summarized in Table 1.
Table 1: Family-Based Immigration System
Category | U.S. Sponsor | Relationship | Numerical Limit |
Immediate Relatives | U.S. Citizen adults | Spouses, unmarried minor children, and parents | Unlimited |
Preference allocation | |||
1 | U.S. citizen | Unmarried adult children | 23,400* |
2A | LPR | Spouses and minor children | 87,900 |
2B | LPR | Unmarried adult children | 26,300 |
3 | U.S. citizen | Married adult children | 23,400** |
4 | U.S. citizen | Brothers and Sisters | 65,000*** |
* Plus any unused visas from the 4th preference. ** Plus any unused visas from 1st and 2nd preference. ***Plus any unused visas from the all other family-based preferences. | |||
Worldwide level of family preference allocation: 480,000 minus visas issued to immediate relatives and parolees, plus unused employment-visas from previous fiscal year. Floor for preference categories: 226,000. | |||
In order to be admitted through the family-based immigration system, a U.S. citizen or LPR sponsor must petition for an individual relative, establish ties and comply with the formalities accordingly.
U.S. citizens can sponsor family members who qualify as "immediate relatives." These include spouses, parents of a citizen 21 years or older, unmarried children under age 21, and children adopted before turning 16. The government does not limit the number of immediate relative visas approved each year. This means there is no waiting period, other than the time required to process the visa petition.
By contrast, petitions filed by citizens or permanent residents on behalf of more distant relatives are subject to annual quotas. The amount of time these family members must wait to come to the United States will depend on their preference category. Unmarried children age 21 or older are given the most preference. Brothers and sisters of adult citizens are given the least. For those in the lower preference categories, it can take years to obtain a visa.
INVESTMENT AND EMPLOYMENT BASED VISA (EB5)
The Employment-Based Fifth Preference (EB-5) immigrant visa category was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign nationals. In order to qualify, an EB-5 investor must invest minimum of defined amount for such purposes in a new commercial enterprise, which would create at least 10 full-time jobs for U.S. workers. EB-5 investments are divided into two categories: direct investment and regional center investment.
The initial EB-5 petition, Form I-526, must be submitted with documentation about the new commercial enterprise and documentation about the investor’s source of investment funds obtained through lawful means. He should further submit documents like personal tax returns, evidence identifying other sources of capital, foreign business registration records, defined documents relating to pending court case and administrative proceedings of the previous prescribed period. The source of funds requirement for investors investing in a direct investment and regional center project are the same. However, USCIS can also ask for lawful path of funds being invested. If the funds were obtained from a third party, proof of funds from the third party must also be obtained.
USCIS requests a substantial amount of documentation to prove lawful source of funds. Although EB-5 regulations do not require investors to prove any amount beyond the investment capital, USCIS has requested investors to also prove lawful source of the administrative fees collected by projects. Many projects charge an administrative fee to cover operational costs and marketing expenses.
A lot of documentation is required for this field of investment and before filing any such application, matter should be got examined by an attorney practicing in the field of EB-5 visas.
After completing the requisite period of initial EB-5 status and after following the conditions laid for the same honestly during the period of EB-5 status, one can apply for LPR status on fulfilling conditions and submitting documentation prescribed in this regard.
In order to qualify for U.S. citizenship through naturalization, an individual must have had LPR status (a green card) for the requisite period in different categories and must otherwise fulfil all other requisites prescribed in this regard and lot of documentation is required in this regard. Various and different procedures are prescribed in this regard and certain qualifications have also been laid in that regard also.
Conclusion
U.S. immigration law has many complexities and confusions and it keeps on changing fast and new guidelines have been emerging almost every year and even during the year. All this shows that immigration is a diverse area of the law, and attorneys tend to specialize in particular types of cases. For example, an immigration attorney may limit his or her practice to EB-5 category, employment-based petitions, family-based category visa petitions, foreign adoptions, or deportation defense. Immigrants and their families should take it upon themselves to gain a preliminary understanding of the nature of their case, before going about the important task of finding an attorney. Each field is a separate field of specialization and it is advised that the applications of individuals should be handled by experts. Each category has been dealt briefly above and each such category has further ample dimensions, requisite requirements, different periods prescribed, have different quotas, need lot of documentation and if need be evidence may be required to be submitted. All this is advised to be handled only by an expert. For more details, kindly visit www.myusimmigrationattorney.com. or www.myincorporationhub.com
The #DelhiHighCourt is the first High Court that has decided on the issue of #rent to be paid during the #Pandemic. It has recently passed a Judgment dated 21-05-2020 in Ramanand and Others vs. Dr. Girish read more
The #DelhiHighCourt is the first High Court that has decided on the issue of #rent to be paid during the #Pandemic. It has recently passed a Judgment dated 21-05-2020 in Ramanand and Others vs. Dr. Girish Soni and Anr., where the Court rejected the Application filed by Appellant-Tenants for #suspensionofpaymentofrent, owing to the #Covid19 #Lockdown situation.
To read more, please visit the link below:
#covid19 #lockdown #rent #tenant #landlord #delhihighcourt #supremecourt
To lessen the double impact of lower #production on #economy and its participants, due to Covid-19 Pandemic, Mr. Shaktikanta Das, Governor, Reserve Bank of India (#RBI), announced various developmental read more
To lessen the double impact of lower #production on #economy and its participants, due to Covid-19 Pandemic, Mr. Shaktikanta Das, Governor, Reserve Bank of India (#RBI), announced various developmental and regulatory policy measures to improve the functioning of markets and market participants, vide Press Conference on 22.05.2020.
To read more, please visit the link below:
#rbi #moratorium #loans #covid19 #lawyered #getlawyered #himanshugupta
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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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