C2RM… To Know More
Something Awesome Is In The Work
DAYS
HOURS
MINUTES
SECONDS
advocatepankajsbajaj@gmail.com
8261977372
Mumbai, India
Indirect Taxes/GST/VATPolice ActionIntellectual PropertyAdoni, India
The Government of India has recently issued a clarification vide #Circular dated 08-05-2020, about the residential status of a non-resident Indian (#NRI) staying in India during the #Covid19 crisis.The read more
The Government of India has recently issued a clarification vide #Circular dated 08-05-2020, about the residential status of a non-resident Indian (#NRI) staying in India during the #Covid19 crisis.
The #IncomeTax Act 1961 as amended thereof (the Act) contains provisions to determine the status of a person residing in India, i.e. whether he is an Indian #resident or an NRI. Section 6 of the Act provides that an individual can be said to be a resident of India, if he has stayed in India, for 182 days or more in a particular year, or if he has stayed in India for at least 365 days in all the preceding 4 years and for a period of 60 days in each such year (#ResidentialPeriod). Thus, an individual who has stayed in India, for a period less than the Residential Period, would be considered as an NRI.
But in the wake of Covid-19 crisis, the Government of India had declared a nation-wide #Lockdown, around 22-03-2020. As a result, the Government imposed restrictions on domestic and international travel. Thus, in view of the Lockdown and travel restrictions, people, who had come on a visit to India, have had to stay back for a prolonged period. As a result, they were at risk of losing their NRI status, as Section 6 states that an individual who stays in India for a period more than the Residential Period, shall lose his NRI status.
Thus, the Central Board of Direct Taxes (#CBDT) issued the Circular dated 08-05-2020 to clarify the residential status of the following categories of individuals, who had to stay back in India due to the Lockdown and travel restrictions:
1- If the individual had come to India on a visit before 22-03-2020, but has not been able to leave India, on or before 31-03-2020:
In such a case, the period of his stay in India from 22-03-2020 to 31-03-2020, would not be taken into account for computing the number of days of his stay in India. This would ensure that he does not lose his NRI status, as Section 6 states that an individual who stays in India for a period more than the Residential Period, shall lose his NRI status; or
2- If the individual had come to India on a visit before 22-03-2020, but has been quarantined in India on account of Covid-19, on or after 01-03-2020:
i) In such a case, if he has departed on an evacuation flight on or before 31-03-2020, then his period of stay from the beginning of his #quarantine to his date of departure, would not be taken into account for computing the number of days of his stay in India. This would ensure that he does not lose his NRI status; or
ii) If he has been unable to leave India on or before 31-03-2020, then the period of his stay from the beginning of his quarantine to 31-03-2020, would not be taken into account for computing the number of days of his stay in India. This is to make sure that he does not lose his NRI status; or
3- If the individual had come to India on a visit before 22-03-2020, but has departed on an evacuation flight on or before 31-03-2020:
In such a case, the period of his stay in India from 22-03-2020 to his date of departure, would not be taken into account for computing the number of days of his stay in India. This is to ensure that he does not lose his NRI status.
Further, in view of the extended Lockdown situation and travel restrictions, the Government has planned to issue a revised circular to exclude the period of stay of such individuals till the time international flights resume their operations, so that they do not lose their NRI status.
The aforesaid Government measures show the Government’s endeavor to curtail the spread of Novel Coronavirus and to ensure the safety of people residing in India. It has also ensured that Indians who have an NRI status do not lose their status due to overstay in India due to the Lockdown or quarantine that is applicable to the country.
Harini Daliparthy
Senior Legal Associate
The Indian Lawyer
Edited by
Sushila Ram Varma
Chief Consultant
The Indian Lawyer
IntroductionThe nationwide #lockdown imposed to curb the outbreak of Corona virus is an action regulated by the Disaster Management Act, 2005 (the ‘Act’). The World Health Organization (#WHO) has read more
Introduction
The nationwide #lockdown imposed to curb the outbreak of Corona virus is an action regulated by the Disaster Management Act, 2005 (the ‘Act’). The World Health Organization (#WHO) has declared the present situation as pandemic on 12.03.2020.
The provision of the Act, 2005, was invoked on 24.03.2020, after which the Prime Minister, Narendra Modi, announced the nation-wide lockdown, from 25.03 2020 and this has been extended till 17.05.2020.
Measures of the Government
In India, a review of the current situation demands immediate measures by the Government to control the spread of this Pandemic. In respect of which earlier an Order dated 24.03.2020, was passed by the National Disaster Management Authority in exercise of its power under Section 6(2) (i) of the Act, [Order no. 1-29/2020-PP (pt. II)]. Thereby, all the States and Union Territories (UTs) declared invocation of Section 2 of the Epidemic Diseases Act, 1897, which makes advisories issued by the Ministry of Health Welfare/State/UTs legally enforceable.It also issued guidelines to Ministers/Departments of Government of India, State/Union Territory Governments and Authorities for strict implementation to prevent the spread of COVID-19 in the country.
Thereafter, the Government issued Order dated 29.03.2020, under Section 10(2)(l) of the Act, to deal with the situation and for effective implementation of the lockdown measures, and to mitigate the economic hardship of the migrant workers. Wherein, the Government also directed that“All the employers, be it in the industry or in the shops and commercial establishments, shall make payment of wages of their workers, at their work places, on the due date, without any deduction, for the period their establishments are under closure during the lockdown;”
Government Order under Disaster Management Act, 2005
It is significant to understand the object and purpose of the Act, 2005 which is to manage #disasters, including preparation of mitigation strategies, capacity-building and more. Directing employers to not reduce or pay full wages/salaries to their employee’s is not within the powers of the Government under Section 10(2) (l) of the Act. The Act is applicable to provide for the effective management of disasters and for matters connected therewith or incidental thereto. Section 10(2)(l) of the Act, is reproduced here for reference;
10. Powers and functions of National Executive Committee.—(2) Without prejudice to the generality of the provisions contained in sub-section (1), the National Executive Committee may—
(l) lay down guidelines for, or give directions to, the concerned Ministries or Departments of the Government of India, the State Governments and the State Authorities regarding measures to be taken by them in response to any threatening disaster situation or disaster;
It appears that the Government wants to reduce the suffering of workers due to the lockdown. Though the intention maybe appreciable all decisions of the Government to balance the situation rather than target one part of the society. The Government while passing the Order missed the hardship which can be faced by the employers/establishments due to enforcing of such directives. The industry which was already plagued by a global crisis in the last few months is further burden by the current lockdown. The Government should have kept this in mind before passing Order dated 29.03.2020. Every decision has two sides of the coin. Every debit entry has a corresponding credit entry. But the Government did not consider side of the employer while issuing the aforesaid advisories.
Impact of Government Order dated 29.03.2020
The scope of the Act is regulation over disaster management and empowers committees to frame plans to control disasters. A bare reading of the provisions of the Act would show that powers have not been vested with either the State or the Central Government to direct private employers to pay wages during a disaster when the #employees are not working.
As a result,a writ petition was filed before the Hon’ble Supreme Court of India on 21.04.2020 namely Ludhiana Hand Tools Association v Union of India and Others. The validity of Government Order dated 29.03.2020 under Section 10(2)(l) of the Act, was challenged under Article 32 of the Constitution of India,before the Hon’ble Supreme Court of India by various other private firms, association and establishments, separately. The Petitions are seeking an appropriate writ for setting aside or quashing of Government Order dated 29.3.2020 issued by Ministry of Home Affairs, Government of India, under Section l0(2)(l) of the Act, only to the limited extent wherein the private establishments are directed to pay full #salaries to all workers/employees, contract or casual workers during the period of COVID-19 lockdown.
The following legal issues were raised in the various Petitions before the #SupremeCourt;
A three-judge Bench, led by Justice N.V. Ramana, passed an Order dated 27.03.2020 in one of the matter namely FicusPax Private Limited v. Union of India and Others, wherein it allowed Solicitor-General, Mr Tushar Mehta, appearing for the Government, to file his response to a batch of petitions filed by several companies challenging the constitutional validity of the Government Order dated 29.03.2020, which mandates that industry, shops and commercial establishments, without exception, pay their workers without any deduction during COVID-19.
Conclusion
To conclude, it is imperative to say that the language of the Act and in particular Section 10(2) (l) of the Act has nothing to do with payment of salaries/wages, much less mandating private establishments to pay salaries against no work.Whether private establishments can be compelled to pay full salaries when no work is done, is a question to be decided. Further such an Order curtails the employers’ fundamental right to trade or business under Article l9(1)(g).
It should not be overlooked that the nationwide lockdown is for an undefined period. This situation presents several challenges for both the employers and employees. It is irrational to treat all private establishments alike irrespective of the profit and loss incurred by them or their revenues and turnover. A private establishment suffering loss with huge debts to repay cannot be equated with an establishment earning profits. There is no rational for treating them alike.The Order must be examined afresh as it is impossible to comply with.
Lakshmi Vishwakarma
Associate
The Indian Lawyer
That vide circular dated April 22, 2020, the Hon’ble High Court of Delhi laid down the procedure for getting a case listed (for both pending and fresh cases) before it. Further, the High Court, vide circular read more
That
vide circular dated April 22, 2020,
the Hon’ble High Court of Delhi laid down the procedure for getting a case
listed (for both pending and fresh cases) before it. Further, the High Court,
vide circular dated April 26, 2020 expanded the ambit of matters which are
eligible for a listing. This inculded matters arising out of The Protection of
Women from Domestic Protection Act, 2005, matrimonial matters, eviction
matters, ex-parte matters, all criminal Appeals/Revisions/Petitions in which
convict is in custody, quashing of criminal case based on settlement through
mediation, petitions under Section 9 (Injunction/Interim Relief) and Section 34
(objections to an award) of The Arbitration and Conciliation Act, 1996. Prior
to the circular, the Delhi HC would only hear extremely urgent matters.
With
the Delhi HC, spreading its wings during COVID times, we have sought to enlist
the procedure for getting a matter listed or heard before the Court.
Procedure of mentioning of the matters before Hon’ble
Delhi High Court during the ongoing Lockdown:
MENTIONING
OF MATTERS:
·
One can do the mentioning of the urgent
matters before the designated Registrars/Joint Registrars by clicking on the
following link:
OR
http://164.100.68.118:8080/DHC_FILING/
The above links will be open from 10:30 am to 12 pm.
Each of the mandatory marked fields will have to be filled up, failing which
request will not be processed.
·
Procedure of mentioning of the matters
by making a call to the Registrar has been discontinued. In case of any
technical difficulty, Mr. Sarsij Kumar, Joint Director (IT), Mobile No.
9650006723, may be contacted.
·
Urgency for mentioning of the matter may
be explained in one page PDF file (not more than 5MB in size).
·
After successfully uploading the
application, an SMS would be received on the registered mobile number,
confirming the submission of the request.
REQUEST
DENIED:
·
In case, the request if declined for any
reason, the advocate would receive an SMS intimating him/her of the same. In
the said SMS, an option would be given for putting up the request for urgent
listing before the designated Hon’ble Judge for reconsideration. This option
shall be available till 3 pm on the same day.
REQUEST
ACCEPTED:
·
In case, the mentioning is allowed, an
SMS would be received by the advocate informing him/her about the same along
with the set of instructions regarding the mode and manner of hearing. Further,
the advocate would be mandatorily required to send the necessary documents on
the designated email within two hours of the receipt of the email.
·
In the event, there is no defect, the
matter will be listed on the given date and time for hearing.
·
However, in case of defect, the advocate
will receive an SMS regarding the same. A time frame will be given to clear the
defects, if the defects are not cleared within the said time frame, the matter
will not be listed on the given date and time.
DESIGNATED
COURT ROOMS FOR ADVOCATES/LITIGANTS:
·
Court Room No. 19 and Court Room No. 23
have been made available for the Video Conferencing for such
advocates/litigants whose matters have been permitted to be listed in the Court
but are not in a position to handle Video Conferencing from their respective
homes/offices for any reason. Contact person for availing the said facility is
Mr. Manoj Gaur (097173 94840).
By:
Shreya Singh
Pandemic Legal Intelligence - Lockdown 3.0Lockdown 3.0- Summary of MHA notifications - The document consolidates everything one needs to know with respect to the extension of Lockdown from 4th May- 17th read more
Pandemic Legal Intelligence - Lockdown 3.0
Lockdown 3.0- Summary of MHA notifications - The document consolidates everything one needs to know with respect to the extension of Lockdown from 4th May- 17th May 2020.
In this situation of pandemic when the spread of coronavirus has catastrophic effects which have been caused globally and everybody is staying at home for the safety of themselves and their family. A read more
In this situation of pandemic when the spread of coronavirus has catastrophic effects which have been caused globally and everybody is staying at home for the safety of themselves and their family. A young Lawyer from Delhi, Advocate Rohit Khurana has come up with an initiative in association with a Delhi based NGO Ladli Foundation Trust and Delhi Police under the project name “RAHAT” for extending his hand by providing essentials for the people in need.
So far, they have distributed thousands of Rahat Kits, Personal Hygiene Kits and Lactogen Baby Milk Powder, to underprivileged families and daily wage labourers struck in the construction sites in various districts of Delhi.
Mr. Khurana has not only presented the project for helping all the people in need, but he is himself available on field everyday and distributing rations and basic essentials to the people in need in various slums and other areas of Delhi. As on date more than 5500 families have been rendered help by following proper norms of social distancing and sanitizing.
The families are handed over Rahat kits which includes following essentials Rice, Wheat Flour, Pulses, Cooking Oil, Soaps, 3 Ply Masks, Lactogen milk powder for babies aging 0-1 and Sanitary pad kit. The distribution of the help is done by establishing complete precautions of maintaining social distancing for the safety of both the beneficiaries and the team.
Mr. Khurana also believes sanitary pads must also be considered as an essential good in such activities to maintain good health and hygiene of the families and nearby areas.
Apart from the current initiative in process, Mr. Khurana is also handling various other initiatives with the Ladli Foundation. He has been providing legal counseling and consultancy with the Foundation by way of various camps that are being executed pan India. Until now the distribution has covered more than 75000 beneficiaries.
In this phase of global crisis SoOLEGAL respects and appreciates this outstanding and humane initiative by Mr. Khurana representing the legal fraternity which sets an example not only for the people from legal background but also for every individual capable of extending a helping hand to anyone and everyone in need and suffering from scarcity of resources in this upheaval.
Post Covid-19 digital shift of legal practiceAfter the breakdown of Covid-19 in the country, it has almost been two months, that people are locked in their houses and are either working from home or working read more
Post Covid-19 digital shift of legal practice
After the breakdown of Covid-19 in the
country, it has almost been two months, that people are locked in their houses
and are either working from home or working through using digital modes like
video conferencing, zoom calls and WhatsApp calls to connect with their bosses,
employers and other co-workers. In such a scenario, when people can’t go out to
work, digitalization is playing a major and effective role. It is the
requirement and as well as the only way through which India’s economy can grow
in this stagnant situation.
Legal fraternity
Every profession is doing its best to
control the crisis, but only a few of them are able to control it. Once this
pandemic is over, everything from our lifestyle to eating habits will change.
Life, as we know it, will change. Under such circumstances, one can only use
this pandemic to challenge themselves and use this opportunity to bring a
positive change in society. Since laws are what governs this society, this
pandemic has given a chance to the legal fraternity to bring change in the way
of litigation and in practising. By making use of technology, things can be
innovated in a way to enhance the legal decisions as well as the legal
knowledge around the country. Right now, the way the situation is prevailing
and the way the lockdowns have been extending, the only method left with the
courts, lawyers, and the legal profession is to shift digitally to maintain and
govern law and order in our states.
Use of AI in Courts pre
Covid
In the recent
celebration of Constitution Day, the Chief Justice of India, SA Bobde, has
proposed to introduce the system of Artificial intelligence (AI) to improve the
judicial system of the country. Such a system will help in better
administration and delivery of judgements. However, the CJI also mentioned that
people should not form an opinion that digitalization will ever replace the
judges of the country. The event was organized by Supreme Court bar association
(SCBA) in which the CJI said “We propose to introduce, if possible, a system of
artificial intelligence. There are many things which we need to look at before
we introduce ourselves. We do not want to give the impression that this is ever
going to substitute the judges.”
The president of India,
Ram Nath Kovind, was also present in the event where the Supreme Court App was
introduced. Justice Bodbe, while talking about the application, asserted that
artificial intelligence fueled law translation system will facilitate the
quality translation and will further help in improving the efficiency of the
Indian Judicial System. The app that was released will translate the judgements
into nine religion languages.
A meeting was conducted
of e-committee of the High court in which the head of e-committee Justice DY
Chandrachud head of the Supreme Court e-committee, had stressed on the need to
start virtual courts in all states not only to deal with traffic challans but
also in all other summary violations.
Shift to Digitalization
The Supreme Court of
India is leaving no stone unturned in hearing and adjourning of the cases
through the courts are shut and there is a nationwide lockdown in the country
till 3rd of May. On 23rd march to practise
social distancing and to prevent the spread of the virus, the court decided to
ban the entry of lawyers and litigants in the court, and it was also decided to
hear only those cases which were of utmost importance and urgency. According to
the recent reports, the Supreme Court has heard 593 cases in the last 34 days
through video conferencing and other digital facilities. 203 out of the 593
cases were connected cases, that is, cases involving the same issue which were
heard along with the main case. Furthermore, the top court also delivered
judgments in 41 cases during this period. Through these 41 judgments, the court
disposed of an additional 174 cases which were connected matters. The apex
court decided to start the method of video conferencing on 23rd march,
a day before prime minister announced the nationwide lockdown in the view of
Covid-19 pandemic. Since then, the court sat for hearing on 17 working days
with a total of 34 benches hearing cases through video conferencing. Not only
this, but 53 benches also sat to decide review petitions. However, those were
decided in chambers without an oral hearing and with these 84 review petitions
were disposed of by the court during this period.
The hearings in the
Supreme Court are conducted through the Vidyo app, which can be downloaded on
mobile phones and desktop. The platform is hosted on the servers of the
National Data Centre of National Informatics Centre.
While the judges on the
bench join the video conference from the residence of one of the judges, the lawyers
join from their respective houses.
The court also came out
with standard operating procedure (SOP) for filing, mentioning and hearing of
cases through video conferencing on three occasions - March 23, March 26 and
April 15.
Apart from the court cases, online
consultations have been started by the lawyers for their clients. Lawyers are
now giving online advice through video calls or telephonic calls to make their
clients know about what is legally right and legally wrong. The lawyers are
able to take up cases and study them so that no time in the future to fight
such cases is lost. It is the correct time for the litigants to make a place
for them and earn the trust of their clients. Such situations will later lead
potential clients to the litigants.
Big law firms are able to connect to
their clients through social media and work from home techniques for the
employees is working well for such firms. As most of the work these firms
tackle is about research and writings, the work from home structures is proving
to be supportive of them.
Therefore, the legal fraternity has
witnessed a significant shift in the way they are working and practising
post-covid-19 which is productive as well as beneficial to them.
What future holds for Legal Fraternity?
Imagine a scenario, where there is no
lockdown and the people can finally go on dinners and meet their friends. Such
three friends’ meet for dinner from whom one is a lawyer, the other is a
designer and the third one is an entrepreneur. These three friends meet and
they start discussing the effects of covid-19. The conclusion of the discussion
comes out that, the lawyer has been hired by the entrepreneur to fire one of
his employees who didn’t work from home and is now asking for a full paycheque.
With this, the lawyer is also hired by the designer to sue his boss for not
giving him the paycheque for the lockdown period. These are what the future of
lawyers is once the lockdown is over. Coming out of the imagination, as the
nation is going through a lockdown because of the outbreak of covid-19, the
businesses are in a dilemma as they have no idea how will they continue their
operations and pay their employees. In a pandemic where the government is
asking the businesses to provide full salaries to their employees and not to
fire them due to the lockdown, consider the number of legalities and issues
this company had to go through to fire its 200-300 employees across the
country. The company must have consulted legal firms and considered the advice
of the lawyers. Besides all this, a lot of paperwork and documentation must
have been required by the company to fire its employees without involving any
mistakes and errors legally.
On the other hand, the fired and
frustrated employees during this time must be eagerly waiting for the lockdown
to end and consult their legal friends to sue the company for such an ignorant
act. Consulting their lawyers and filing cases against them again means, work
for the legal fraternity. Hence, the future is full of opportunities for
lawyers and legal firms. The only thing they have to do is to target the right
group of people and build trust among the clients. For lawyers, COVID-19 crisis is a boon in the guise of a bane. When
clients have lots of problems, lawyers thrive. The crisis has created lots of
problems for clients. And therefore a lot of work - now, and for months to
come, for lawyers.
As for the courts, the
overnight shift in the paradigm is proof that courts can are efficiently
equipped with the expertise to act without limitation at any hour of need. As
stated by a senior advocate CS Vaidyanatha “This is an inflexion point for the
legal profession in India. Till now, the mindset was one of resistance to
change, or at best, incremental change. The disruption occasioned by Covid-19 has
put forward challenges that can be best countered with wholesome and wholesale
changes – by the adoption of online courts with limited or no oral hearing but
based on brief written submissions.”
On the plus side, the
pandemic has paved its way in forcing our age-old legal practice to go digital
quicker, which shall hopefully continue even post the lockdown and the
pandemic. There may be some guidelines pursued on this matter later on, once
the lockdown relaxes.
Introduction to
E-Contracts
Post Covid-19,
digitalization is taking over and therefore e-contracts are also increasing and
making their place in the economy. Electronic contracts or e-contracts are
agreements entered through an electronic form mostly through a software
system as opposed to the traditional contracts documented on paper and signed
using the wet ink. The Indian laws are recognizing various types of e-contracts
such as contracts which are entered through emails, clickwrap and shrink wrap
contracts and other similar platforms. However, to recognize it as a valid and
legally enforceable contract, the pre-requisite of the Indian Contract Act,1872
needs to be followed. E-contracts execution is done by various modes among
which one of the easiest and safest way is through digital signatures. The
Information Technology Act enables obtaining of digital signatures in a
scenario where social distancing is must, and people are not allowed to meet
each other. Digital signatures are introduced so that contracts can be signed
digitally and norms of social distancing are not hampered. It is important to
note that there are certain contracts which are not eligible for execution
through online modes. Furthermore, the contracts which are executed should be
only made, after taking the help of legal people. The government is also taking
initiatives to open online portals for the payment of stamp duties for such
contracts.
Conclusion
On the brighter side,
the biggest winner in this technological shift may be the solving of the
pendency problem in the Indian courts. As per the McKinsey Reports, 22% of a
lawyer’s job can be automated.
Covid-19 is a troublesome situation for
everyone, but these are the testing times. The legal mind has to now be
creative and find opportunities and solutions in this chaos. As soon as the
lockdown is uplifted, things will change and the adoption of such changes will
be the only option left. The big law firms, as well as the individual lawyers
and small law firms, are doing stellar work concerning
the Covid crisis, innovating new services, helping clients with their
current legal problems, and some have even set up dedicated desks for
Covid related work. Therefore, the one who will be well prepared will be able
to find the right opportunities amid Covid-19.
The author of this blog/Article is Kishan Dutt Kalaskar, a Retired Judge and
practising advocate having an experience of
35+ years in handling different legal matters. He has prepared and got
published Head Notes for more than 10,000 Judgments of the Supreme Court and High Courts in
different Law Journals. From his
experience he wants to share this beneficial information for the individuals
having any issues with respect to their related matters .
Author :
Kishan
Dutt Kalaskar
Advocate
(Retired Judge)
Bengaluru-560003
Mob:
9686971935
The Hon’ble High Court of #Delhi vide its Judgment dated 25.04.2020 has recently passed a significant ruling in the matter of Vickram Bahl & Anr. Vs. Siddhartha Bahl [CS(OS) 78/2016 & read more
The Hon’ble High Court of #Delhi vide its Judgment dated 25.04.2020 has recently passed a significant ruling in the matter of Vickram Bahl & Anr. Vs. Siddhartha Bahl [CS(OS) 78/2016 & IAs No.2362/2016], holding that the rights in favour of the ultimate beneficiary under the mutual #Will are crystalized on the demise of either of the #executants and during the lifetime of the other #executant of the mutual Will.
The brief facts of the case involve Mrs.
Sundri Bahl (‘second Defendant’) and Late Wing Commander N N Bahl who had
executed a joint Will dated 31.03.2006. Here, Mr. Wing Commander N N Bahl had
predeceased the second Defendant. According to the Will, if one of the
executors dies, the entire property shall go to the other executant. Under the
Will, their eldest son and younger son will be absolute owners of their
respective shares as detailed in the Will.
On the demise of Wing Commander N.N. Bahl the
second Defendant became the sole owner of the property and was entitled to deal
with the property. Consequently, the second Defendant instituted a suit for
recovery of possession of the portions of the property in possession of the eldest
son and his daughter. This suit was pending before the Court of Additional
District Judge, Delhi.
As a result of the above Suit, the eldest son of
the Testators and his daughter (the Plaintiffs) had filed a suit against his Mother seeking the relief of permanent injunction to restrain from
dis-possessing them from their share of the Suit property under the Will.
The two issues were put forth before this
Court. The first one was whether the Will executed on 31.03.2006 qualifies as a
mutual Will and the second with respect to the effect of Section 14(1) of the
Hindu Succession Act, 1956 (‘the Act’).
It is imperative to refer to the meaning of a
mutual will under law. Accordingly, in the case of Kochu Govindan
Katmal v. T.T. Lakshmiamma, [1959 AIR 71] the Hon’ble Supreme
Court of India stated the meaning of a joint or mutual will which is as follows:
"A will is mutual when the two testators
confer upon each other reciprocal benefits as by either of them constituting
the other his legatee that is to say when the executants fill the roles of both
testator and legatee towards each other. But where the legatees are distinct
from the testators, there can be no position of a mutual will."
Resultantly, in response to the first issue,
the Bench comprising of Justice Rajiv Sahai Endlaw read the clauses of the Will
and held once an agreement is found and the Will is found to be with respect to
joint property and the Will of Testators is contained in the same document, the
same qualifies as a mutual Will. The Second Defendant, having accepted the said
Will and after taking advantage thereunder cannot deal with the property,
contravening her agreement with her deceased husband and is bound by the same.
The Bench while propounding the law in this
regard held that “the rights
in favour of the ultimate beneficiary under the mutual Will are crystalized on
the demise of either of the executants and during the lifetime of the other
executant of the mutual Will” which means that the beneficiary does not have
to await the death of the two executants for enforcing his rights. Accordingly, the Bench held that mutual Will shall
come into effect after the death of either of the joint executants.
With regard to the second issue, the Hon’ble
Court held that for applicability of Section 14(1) of the Act, possession of
the property by Hindu female on the date of commencement of the Act is sine qua non.
Section 14 in The Hindu Succession Act,
1956 states as follows;
14. Property of a female Hindu to be her absolute property.—
(1) Any property possessed by a female Hindu, whether acquired
before or after the commencement of this Act, shall be held by her as full
owner thereof and not as a limited owner.
(2) Nothing contained in sub-section (1) shall apply to any
property acquired by way of gift or under a will or any other instrument or
under a decree or order of a civil court or under an award where the terms of
the gift, will or other instrument or the decree, order or award prescribe a
restricted estate in such property.
The Court finally held that “the principle of, a mutual Will coming into effect and binding also on the testator who may still be alive, on the death of one of the two testators, is well enshrined in the Indian Law.” Resultantly, the Decree was passed, in favour of the Plaintiffs and jointly and severally against the two Defendants.
Lakshmi Vishwakarma
Associate
The Indian Lawyer
Edited by
Sushila Ram Varma
Chief Consultant
The Indian Lawyer
Recently, around 28-04-2020 to 01-05-2020, the #Government of India discussed the importance of regional and global #cooperation to effectively deal with the #Covid19 #Pandemic crisis, with various #G20 read more
Recently, around 28-04-2020 to 01-05-2020, the #Government of India discussed the importance of regional and global #cooperation to effectively deal with the #Covid19 #Pandemic crisis, with various #G20 member countries and other #countries such as Thailand, Bangladesh, and Myanmar. These countries have mutually agreed to form a coordinated #global response in the following manner:
1- Owing to the Pandemic and the #Lockdown situation across the world, various households, companies, Government departments, business entrepreneurs, etc, have been relying on #digital mode of communication and transactions.
Thus, the Government of India has assured that the Information Technology (IT) and IT Enabled Services (#IT-ITeS) industry would develop softwares and applications to build an effective and safer #cyberspace.
2- The Covid19 crisis has caused disruptions in #supplychain and as a result, there have been cases of shortage of essential commodities, such as agricultural and processed food items, in some countries. Thus, the Government has encouraged Indian industrialists and exporters to #export certain commodities to such countries in the near future and has ensured adequate incentives for the same.
3- India has assured various countries across the world including Thailand, Indonesia, Canada, Bangladesh, and Myanmar, to maintain the supply of medical products, pharmaceutical requirements, and/or other commodities in order to mitigate the impact of the Pandemic.
4- India and Thailand have expressed interest for collaboration of researchers, scientists and innovators of both countries.
5- India and Canada have agreed to collaborate in the field of #research and development, and technology, for developing #vaccine, and/or other remedies, to resolve the COVID-19 issue.
Further, these measures may also provide opportunity to both small-scale and large-scale #businesses in the country to manufacture, supply and export essential commodities to other countries and thereby, generate #revenue and employment opportunities in the country.
Thus, the aforesaid large-scale cooperation efforts, technological advancements and continuous supply chain management may help countries to soon revive the global economy and resolve the Covid19 issue.
Harini Daliparthy
Senior Legal Associate
The Indian Lawyer
A tough time ahead, yes; but there's hope. #covid19 The times, as they say, are hard.The #coronavirus #pandemic has hit us real hard, below the belt. All over the world, people read more
A tough time ahead, yes; but there's hope. #covid19
The times, as they say, are hard.
The #coronavirus #pandemic has hit us real hard, below the belt.
All over the world, people are frantically reacting to events & situations as they develop, trying to keep up to speed with how fast events unfold.
Action Plans don't really seem to have worked, with new measures & steps being announced on a daily basis.
The unprecedented situation has set the cat among the pigeons.
Every country, every state seems to be doing their own thing, taking their own measures to arrest the exponential growth of the #virus.
Goverments all over the world seem hard pressed to keep things afloat.
And yet, we are managing.
Have done well so far.
Yes, thousands of precious lives have sadly been lost, but this is a battle.
One that's never been fought before in living memory, for which we have no defenses, no plans in place.
We have no yardstick to measure the fallout by, because of the lack of said precedence.
The way ahead is a very rocky one for sure.
But we must hope & pray that as things roll along Governments & people pull their socks up & take the right decisions, even if by trial and error.
There's a light at the other end of this dark tunnel, for sure.
Just hang in there.
These are the mistakes that entrepreneurs/ businessmen generally overlook and then suffer the consequences because as per law, if any of these mistake is claimed by any party to contract, the contract read more
These are the mistakes that entrepreneurs/ businessmen generally overlook and then suffer the consequences because as per law, if any of these mistake is claimed by any party to contract, the contract may become invalid or voidable.
1-Unilateral mistake-when 1 party is mistaken as to the terms of contract. Where 1 party is under a different perception. e.g A agrees to buy seeds from B thinking that seeds are old. After entering into contract,A came to know that seeds are new. Now A could not avoid this contract just because he thought that seeds were old. It is a mistake on part of A.
2-Mutual mistake-Where both parties have different perception about terms of contract. Here the party that is adversely affected will move the Court and will suffer the most even though mistake is from both parties. Note that here both parties will do a different mistake which will make contract void or voidable.
3-Common mistake-Where both parties make same mistake.
Under mistake, a party may avoid a contract or force a contract on someone for his gain which may result in 1 party suffering losses. Thus,proper drafting, negotiation, interpretation of contract & reviewing must be done in order to avoid such mistakes.
Kanika Bhardwaj,Advocate
New Delhi-9582000415
Vikasnagar, India
New Delhi, India
Ghaziabad, India
New Delhi, India
New Delhi, India
Bengaluru, India
DAYS
HOURS
MINUTES
SECONDS
In adherence to the rules and regulations of Bar Council of India, this website has been designed only for the purposes of circulation of information and not for the purpose of advertising.
Your use of SoOLEGAL service is completely at your own risk. Readers and Subscribers should seek proper advice from an expert before acting on the information mentioned herein. The content on this website is general information and none of the information contained on the website is in the nature of a legal opinion or otherwise amounts to any legal advice. User is requested to use his or her judgment and exchange of any such information shall be solely at the user’s risk.
SoOLEGAL does not take responsibility for actions of any member registered on the site and is not accountable for any decision taken by the reader on the basis of information/commitment provided by the registered member(s).By clicking on ‘ENTER’, the visitor acknowledges that the information provided in the website (a) does not amount to advertising or solicitation and (b) is meant only for his/her understanding about our activities and who we are.
Resource centre is one stop destination for users who are seeking for latest updates and information related to the law. takes the privilege to bring every single legal resource to your knowledge in a hassle free way. Legal Content in resource centre to help you understand your case, legal requirements. More than 3000 Documents are available for Reading and Download which are listed in below categories:
SoOLEGAL Transaction Services Agreement :
By registering yourself with SoOLEGAL, it is understood and agreed by you that the Terms and Conditions under the Transaction Services Terms shall be binding on you at all times during the period of registration and notwithstanding cessation of your registration with SoOLEGAL certain Terms and Conditions shall survive.
"Your Transaction" means any Transaction of Documents/ Advices(s), advice and/ or solution in the form of any written communication to your Client made by you arising out of any advice/ solution sought from you through the SoOLEGAL Site.
Transacting on SoOLEGAL Service Terms:
The SoOLEGAL Payment System Service ("Transacting on SoOLEGAL") is a Service that allows you to list Documents/ Advices which comprise of advice/ solution in the form of written communication to your Client who seeks your advice/ solution via SoOLEGAL Site and such Documents/ Advices being for Transaction directly via the SoOLEGAL Site. SoOLEGAL Payment Service is operated by Sun Integrated Technologies and Applications . TheSoOLEGAL Payment System Service Terms are part of the Terms & Conditions of SoOLEGAL Services Transaction Terms and Conditionsbut unless specifically provided otherwise, concern and apply only to your participation in Transacting on SoOLEGAL. BY REGISTERING FOR OR USING SoOLEGAL PAYMENT SYSTEM , YOU (ON BEHALF OF YOURSELF OR THE FIRM YOU REPRESENT) AGREE TO BE BOUND BY THE TRANSACTIONS TRANSACTION TERMS AND CONDITIONS.
Unless otherwise defined in this Documents/ Advice or Terms & Conditions which being the guiding Documents/ Advice to this Documents/ Advice, all capitalized terms have the meanings given them in the Transactions Transaction Terms and Conditions.
S-1. Your Documents/ Advice Listings and Orders
S-1.1 Documents/ Advices Information. You will, in accordance with applicable Program Policies, provide in the format we require. Documents/ Advices intended to be sold should be accurate and complete and thereafter posted through the SoOLEGAL Site and promptly update such information as necessary to ensure it at all times that such Documents/ Advices remain accurate and complete. You will also ensure that Your Materials, Your Documents/ Advices (including comments) and your offer and subsequent Transaction of any ancillary Documents/ Advice pertaining to the previous Documents/ Advices on the SoOLEGAL Site comply with all applicable Laws (including all marking and labeling requirements) and do not contain any sexually explicit, defamatory or obscene materials or any unlawful materials. You may not provide any information for, or otherwise seek to list for Transaction on the SoOLEGAL Site, any Excluded Documents/ Advices; or provide any URL Marks for use, or request that any URL Marks be used, on the SoOLEGAL Site. In any event of unlawful Documents/ Advices made available for Transaction by you on SoOLEGAL site, it is understood that liabilities limited or unlimited shall be yours exclusively to which SoOLEGAL officers, administrators, Affiliates among other authorized personnel shall not be held responsible and you shall be liable to appropriate action under applicable laws.
S-1.2 Documents/ Advices Listing; Merchandising; Order Processing. We will list Your Documents/ Advices for Transaction on the SoOLEGAL Site in the applicable Documents/ Advices categories which are supported for third party REGISTERED USERs generally on the SoOLEGAL Site on the applicable Transacting Associated Properties or any other functions, features, advertising, or programs on or in connection with the SoOLEGAL Site). SoOLEGAL reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the SoOLEGAL Site. We may use mechanisms that rate, or allow users to rate, Your Documents/ Advices and/or your performance as a REGISTERED USER on the SoOLEGAL Site and SoOLEGAL may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions. Transactions Proceeds will be paid to you only in accordance with Section S-6.
S-1.3 a. It is mandatory to secure an advance amount from Client where SoOLEGAL Registered Consultant will raise an invoice asking for a 25% advance payment for the work that is committed to be performed for the Client of such SoOLEGAL Registered Consultant. The amount will be refunded to the client if the work is not done and uploaded to SoOLEGAL Repository within the stipulated timeline stated by SoOLEGAL Registered Consultant.
b. SoOLEGAL Consultant will be informed immediately on receipt of advance payment from Client which will be held by SoOLegal and will not be released to either Party and an email requesting the Registered Consultant will be sent to initiate the assignment.
c. The Registered Consultant will be asked on the timeline for completion of the assignment which will be intimated to Client.
d. Once the work is completed by the consultant the document/ advice note will be in SoOLEGAL repository and once Client makes rest of the payment, the full amount will be remitted to the consultant in the next payment cycle and the document access will be given to the client.
e. In the event where the Client fails to make payment of the balance amount within 30 days from the date of upload , the Registered Consultant shall receive the advance amount paid by the Client without any interest in the next time cycle after the lapse of 30 days.
S-1.4 Credit Card Fraud.
We will not bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorised use of a third party's credit card information) occurring in connection with Your Transactions. We may in our sole discretion withhold for investigation, refuse to process, restrict download for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Documents/ Advices if we ask you to do so. You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.
S-2. Transaction and Fulfilment, Refunds and Returns
S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
1. Fulfilment by Registered User/ Consultant - In the event of Client seeking consultation, Registered User/ Consultant has to ensure the quality of the product and as per the requirement of the Client and if its not as per client, it will not be SoOLEGAL’s responsibility and it will be assumed that the Registered User/ Consultant and the Client have had correspondence before assigning the work to the Registered User/ Consultant.
2. Fulfilment by SoOLEGAL - If the Registered User/ Consultant has uploaded the Documents/ Advice in SoOLEGAL Site, SoOLEGAL Authorised personnel does not access such Documents/ Advice and privacy of the Client’s Documents/ Advice and information is confidential and will be encrypted and upon payment by Client, the Documents/ Advice is emailed by SoOLEGAL to them. Client’s information including email id will be furnished to SoOLEGAL by Registered User/ Consultant.
If Documents/ Advice is not sent to Client, SoOLEGAL will refund any amount paid to such Client’s account without interest within 60 days.
3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
4. SoOLEGAL will remit the fees (without any interest) to its Registered User/ Consultant every 15 (fifteen) days. If there is any discrepancy in such payment, it should be reported to Accounts Head of SoOLEGAL (accounts@soolegal.com) with all relevant account statement within fifteen days from receipt of that last cycle payment. Any discrepancy will be addressed in the next fifteen days cycle. If any discrepancy is not reported within 15 days of receipt of payment, such payment shall be deemed accepted and SoOLEGAL shall not entertain any such reports thereafter.
5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
|
Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
YOU HAVE AGREED TO THIS TRANSACTION TERMS BY CLICKING THE AGREE BUTTON