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Duress can be described as an illegal threat or intimidation that induces another person to perform actions that he would otherwise not perform. Initially, the doctrine of duress was limited to actual read more
Duress can be described as an illegal threat or intimidation that induces another person to perform actions that he would otherwise not perform. Initially, the doctrine of duress was limited to actual or imminent violence. Over the years, this theory has grown to include different types of hardship, including economic hardship, the pressure on public officials, the threat to seize or detain goods, the threat to land, the threat to trade or industry, and so on. Doctrine of Economic Duress The doctrine of economic duress applies when an unconstitutional burden has been applied to a party that has been coerced to enter into a contract that it would otherwise not enter into. Such a contract can be avoided because it is voidable, rather than void, at the discretion of a party compelled or coerced to enter into a contract without his free consent. It is established law that economic pressure that, in fact, amount to duress; and that duress, if true, not only makes null and void a transaction in which a person has entered into a contract, but is also liable to act as a wrong if it causes harm or loss. Puri Construction P. Ltd. and Ors. V. Larsen and Toubro Ltd. and Ors., it was noted that the basis of duress does not depend solely on the lack of approval, but on the combination of coercion and lack of realistic choice. In this context, two things are becoming all-important. The first is whether the pressure or threat is legitimate; and the second is how it affects the victim. There are therefore two widely agreed elements for the establishment of economic duress, namely: 1. the practice of unlawful pressure by one party on the other and, 2. Significant trigger, i.e. a substantial trigger of coercion or pressure on the other party to behave as he/she did. The decision of the Privy Council in Pao On v. Lau Yiu Long stipulated that the economic distress should be a manipulation of will which, in effect, vitiates consent. The typical case of suffering, however, is not the lack of desire to submit, but the deliberate submission of the individual as a result of the knowledge that there is no other realistic option available to him. According to the first item of economic duress, there must be pressure which is deemed unconstitutional by law. Undoubtedly, not all tensions or risks are unconstitutional. Pressure should therefore be of such a high potential that it should be capable of inducing a sense of moral indignation and appear to be outside the norms of ordinary commercial practice, thereby making it unwise enough to be associated with other behavior that the law expressly recognizes as unlawful or even criminal. In DSND Subsea v. Petroleum Geo Services, it was noted that the courts must take into account a variety of considerations in deciding whether or not there has been an unlawful coercion, including whether there has been an actual or attempted breach of contract; whether the person who allegedly applied the coercion acted in good faith or in bad faith; whether the claimant has any reasonable practical alternative. It was also noted that the unconstitutional pressure must be differentiated from the harsh and turbulent stresses of usual commercial bargaining. It must be seen that the strain was such that the consent of the victim to the contract was an involuntary act on his part. In other terms, it must be demonstrated that the payment received or the contract entered into is not a voluntary act. The unconstitutional strain, therefore, must have been such that it was genuinely induced by the termination of the agreement, in the sense that it would not have been done otherwise, either at all or, at least, in the terms of which it was made. It should be remembered that financial pressure alone is not enough to constitute economic exploitation. It must be followed by a threat of or real unlawful behavior. However, it is not enough simply to say that an individual was under duress or intimidation as it is important to identify the words and actions of the alleged person who rendered unlawful threats or acts by presenting proof of the same. It is also difficult to prove the economic hardness. Pressure must be exerted, the practical result of which is compulsion or lack of preference. As far as the second component of the "important causation" is concerned, it must be shown that the illegitimate pressure was a significant cause which led the claimant to enter into the contract. It must be seen that the compromise was caused by duress, even though the extent of the cause can vary depending on the nature of the duress. The courts must apply the test of a fair man to see if the common man of prudence would have behaved in a similar manner in a similar situation and, if so, would have done so because he had no realistic choice but to do, or for other purposes. The minimum basic test of subjective causation in economic duress would tend to be a "but" test. In other terms, the claimant must prove that, "but for" the attack, he would not have entered into a contract. Adopting a "but for" rule would put cases of economic deprivation on par with cases of reckless or non-negligent misappropriation. There has been a divergence of opinion as to whether or not there are other elements of economic hardness. Numerous authorities have claimed that the third element to be economic hardship is to show that the illegal pressure left the innocent party with no fair choice but to consent to the contract in question. In this context, a distinction was made between market pressure and coercive pressure. Commercial pressure can constitute economic duress, particularly when one party to a commercial transaction is in a stronger negotiating position than the other party. In any case, the existence or absence of a feasible functional alternative is at least important evidence to be taken into consideration when deciding whether the contract has been made subject to economic duress. As far as the presumption of proof is concerned, the aggrieved party must, through sufficient cause, prove the prima facie case of economic hardship. That will rely on the facts and circumstances of each case. The facts of any particular case may lead to an inference of inducement or loss, thus shifting the onus to the other party. However, at the end of the day, the burden of evidence rests with the group seeking relief. Thus, the theory of economic duress is an emerging area of law that needs to be studied in greater detail to decide whether or not a prima facie case of duress has been created.
Recently, the United Nations Conference on Trade and Development (UNCTAD) conducted a trade analysis of the effects and consequences of COVID19, a global health pandemic, on developing countries, and read more
Recently, the United Nations Conference on
Trade and Development (UNCTAD) conducted a trade analysis of the effects and
consequences of COVID19, a global health pandemic, on developing countries, and
published a Trade Report dated 30-03-2020 (Trade Report) thereof. In the
said Trade Report, the UNCTAD made the following observations:
1. That, in the recent
times, the developing economies have been largely affected by increased capital
outflows, foreign currency depreciations, loss of export earnings, declining
tourist revenues, reduced economic growth and other adverse effects in sectors
such as manufacturing, trade, foreign direct investment, etc.
2.
That
the entire world economy would be going into a recession this year, which is
likely to cause a loss of trillions of dollars of global income. The
UNCTAD further indicated that as a result of the global recession, there would
adverse effects on major developing countries, except China and India, which
are expected to survive the recession.
3.
That
the developing countries may lack the monetary and administrative capacity in
the coming times, to respond to this crisis. This may adversely affect their
progress towards sustainable development.
Thus, in view of the
unprecedented economic damage, being faced by the developing countries
(excluding China), due to global COVID19 crisis, the United Nations (UN) has
proposed to create a COVID-19 Rescue Package of a total amount of USD
2.5 Trillion in the following manner:
1) To cancel USD 1
Trillion of the debts owed by developing nations, this year.
2)
To
allocate USD 1 Trillion for countries that are in dire need of money in this COVID-19
crisis.
3) To grant USD 500 Billion
to emergency health services and related social relief programmes.
Therefore, according to various experts,
although the Trade Report does not explain as to why and how China and India
would survive the recession, but it clearly states that the UN would be taking
effective actions to boost the resilience of emerging economies to fight the
future hardship.
The Report must be based on in depth study by
renowned economists. It brings hope for India as the Report clearly states that
India may escape global recession. We can only keep our fingers crossed and
hope it comes true in the times to come.
Harini
Daliparthy
Senior
Legal Associate
The
Indian Lawyer
Edited
by
Sushila
Ram Varma
Chief
Consultant
The
Indian Lawyer
Recently, the National Commission for Women (NCW) expressed concern over the increase in cases of domestic violence which as on the rise of millions of Indians staying home due to the lockdown. read more
Recently, the National Commission for Women (NCW) expressed concern over the increase in cases of domestic violence which as on the rise of millions of Indians staying home due to the lockdown. The data released by the NCW, showed that it has received over 257 complaints since the country-wide lockdown was imposed to control the spread of coronavirus out of which 69 cases were of domestic violence. The NCW expressed concern at the rise of this figure as couples who have differences are forced to live together 24×7. NCW fears that such force proximity is likely to spike the figures and lead to several divorces.
In India, the concept of marriage is understood as a sacred commitment. However, in recent times the sanctity of marriage has been disrupted for various reasons. Recent trends show that couples are failing to maintain equilibrium in their lives or to fulfill the expectations of each other. Thus, failure to deal with such imbalances leads to various conflicts which results in physical and mental abuses and finally dissolution of marriage.
Dissolution of marriage is permissible under the personal laws in India. However, the court makes an effort for effecting reconciliation and only on the failure it dissolves the marriage. In India, procedures and laws relating to divorce are governed by the personal laws of each religion. However, the parties can adopt two procedures for divorce, one is mutual consent and the other is a contested divorce. For the purposes of this article, the author is only dealing with the provisions of Hindu Laws and divorce under other laws will be dealt with in separate articles.
Under the Hindu Marriage Act, 1955 (HMA), Mutual Divorce is governed by Section 13-B where wedlock becomes a deadlock. It is when the relationship of marriage is impossible to repair there is irretrievable breakdown of the marriage such a divorce can be sought. Essentially, there are only two requirements that need to exist, one is mutual consent and the other is that they have lived separately for at least one year. Whereas, in a Contested Divorce either spouse can initiate the divorce. The grounds mentioned under Section 13 of the HMA are applicable for filing a contested divorce, some of which are, cruelty, conversion of religion, unsound mind, communicable disease or either spouse is unheard of more than seven-year.
Noticeably, there are three other grounds for divorce available only to the wife, which are, firstly, that the husband has been guilty of rape, sodomy or bestiality. Secondly, the wife was married before the age of fifteen and thirdly, non-resumption of cohabitation for one year after an order of maintenance.
Where to file Petition for Divorce
According to Section 19 of the HMA, a petition of divorce shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction, the marriage was solemnized or the respondent/opposite party at the time of the presentation of the petition resides, or the parties last resided together, or where the wife resides.
Procedure for mutual consent divorce in India
STEP 1: Drafting a joint petition signed by both parties and filed in the local district court/family court through respective lawyers.
STEP 2: The court after the examination of the petition along with the documents will pass an order for the recording of the statement on oath.
STEP 3: After this, a cooling period of six months’ time is given to the parties in the hope of their reconciliation. Sometimes this period can be extended to 18 months, if the judge deems it fit.
STEP 4: After the expiry of this period for reconciliation, if both parties still want a divorce, they file for the second motion or the final hearing and a divorce decree is granted by the court.
Procedure for a contested divorce in India
STEP 1: Filing of a petition stating the facts and specific grounds for seeking a divorce before the family court having jurisdiction along with supporting evidences.
STEP 2: If the court is satisfied after scrutinizing the petition, it allows the same, and serves a notice or summons to the other party to appear on a decided date along with his/her lawyer.
STEP 3: At this stage, the court will advise parties for mediation and if the mediation fails to resolve the issue, the court will continue with the divorce proceedings.
STEP 4: On the next date as fixed by the court, parties will have to appear before the court, record their statements, submit evidence, get cross-examined and present their witnesses, if any. Then the lawyers from both sides will present their final arguments.
STEP 5: Lastly, the court on a fixed date will deliver the verdict and pass a divorce decree based on the facts and circumstances. Thereafter, the aggrieved party may appeal against the order passed within 3 months from the date of such order.
The data disclosed by the NCW recently, is a cause for concern. In India, divorce is still considered as a battle between right and wrong and not as a choice of two individuals to live a better life in a better way. It is time that the laws in India are amended in a manner that divorce should be viewed as a choice between a couple and not a battle. The social repercussion of a divorce is that it has become a stigma and makes remarriage difficult for the divorced couple.
Lakshmi Vishwakarma
Associate
The Indian Lawyer
Doctrine of frustration means those cases where the performance of contract has become impossible to perform due to any unavoidable reason or condition. Under the doctrine of frustration, a read more
Doctrine of frustration means those cases where the performance of contract has become impossible to perform due to any unavoidable reason or condition. Under the doctrine of frustration, a promisor is relieved of any liability under a contractual agreement, in the event of a breach of contract, where a party to the agreement is prevented from, or unable to, perform his/her obligations under the agreement, due to some event which occurs, and which was outside of their sphere of control.
Force majeure is present in common law as the doctrine of frustration of contract. This doctrine says that a contract will be frustrated if its fundamental purpose is destroyed. If this happens then the parties to the contract will be discharged from their obligations to perform the contract. Force majeure is some event which is unforeseen and unstoppable and which renders the performance of the contract impossible. The doctrine of frustration says that a contract’s performance will be rendered impossible because of some intervening or supervening event after the contract has been made. A lot of people while entering into contracts incorporate these force majeure clauses to be relieved from performance of all or part of their obligations on the happening of certain specified events beyond the control of the parties.
The Covid 19 is one such force majeure situation where contracts have become impossible to perform.
The doctrine of frustration of contract law was initially defined by two points, namely:
1- The doctrine was to be permitted where it was raised as a defense to the non performing party due to impossibility to perform as per the agreement; and
2- The parties were entitled to insert provisions as a contingency measure to provide for the occurrence of the same.
The object of the doctrine of frustration is to find a satisfactory way of allocating the risk of supervening events. The doctrine does not prevent the parties from making their own provision for this purpose. They can expressly provide that the risk shall be borne by one of them, not by the other, or they can apportion it or deal with it in any other way they like or let it lie where it falls.
The doctrine of frustration is really an aspect or part of law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done.
To invoke the aid of frustration, the party who wants to establish that the contract has become frustrated, has to establish the following conditions:
1- That the performance of the Contract has become impossible.
2- That the impossibility is not on account of some event which the promisor could not prevent or anticipate.
3- And that the impossibility is not self induced by the promisor or due to his negligence.
It was clarified in the landmark English case, Taylor v Caldwell [QB (1863) 3 B&S 826], where Blackburn, J laid down that the above “rule is only applicable when the contract is positive and absolute, and not subject to any condition either express or implied.” An implied condition would be read into contract when the performance becomes impossible from the perishing of the thing without default of the contractor. In this Lord Summer said that “the doctrine of frustration is really a device by which the rules as to absolute contracts are reconciled with the special exceptions which justice demands.”
It was further held “where the contract was entered into for the use of the musical hall for concert purpose, but before the day of the concert, the hall was destroyed by fire, held that performance becomes impossible.” This was because the very thing on which the contract depended on ceased to exist. Thus it was held that for the doctrine of frustration it must be so that the nature of contract is such that it would not operate if a thing ceased to exist.
The doctrine of frustration comes into play when the contract becomes impossible on account of circumstances beyond the control of the parties or a change in the circumstances makes the performance of the contract impossible. It is settled law that the causes of frustration must not have occurred because of default of either party.
In understanding the substance of a contract it is necessary to ascertain from the surrounding circumstances whether an indefinite period of time was in contemplation or whether the parties have contemplated some limit to the indefinite period.
The sanctity of contract is the foundation of the law of contract and the doctrine of impossibility has not displaced this principle but merely enabled the court to enforce such a contract in an equitable manner. It releases a party from its obligation to perform a contract where performance has become impossible as a result of event out of the control of the party.
In Govindbhai Govardhanbhai Patel v/s Gulam Abbas Mulla Allibhai, AIR 1954 SC 44, the Court held the meaning of the expression “impossible of performance” as used in Section 56 means the parties shall be excused if substantially the whole contract becomes impossible of performance or in other words impracticable by some cause for which neither was responsible.
Further, the word “impossible” has not been used in the sense of physical or literal impossibility. The performance of an act may not be literally impossible but it may be impracticable and useless from the point of view of the object and purpose which the parties had in view; and if an untoward event or change of circumstances totally upsets the very foundation upon which the parties rested their bargain, it can very well be said that the promisor finds it impossible to do the act which he promised to do.
Ref: Supreme Court: Ganga Retreat & Towers Ltd. & Anr vs State of Rajasthan & Ors (2003) 12 SCC 91, Supreme Court: Energy Watchdog vs Central Electricity Regulatory Commission (2017) 14 SCC 80
In a Supreme Court case Dhanrajmal Gobindran v Shamji Kalidas AIR 1961 SC 1285, the Court said force majeure is a term of wide import and includes act of God, war, insurrection, riot, civil commotion, strike, earthquake, tide, storm, flood, explosion, fire break down of machinery, etc.
The question arises that ‘What will happen in a situation when force majeure clause in a contract is not provided for and the performance of the contract becomes impossible because of supervening impossibility?’
In an English case of Paradine v Jane [KB (1647) Aleyn 26 it was pointed out that subsequent happening should not affect a contract already made. It was held that- “when the party by his own contract creates a duty, he is bound to make it good, if he may, notwithstanding any accident by inevitably necessity, because he might have provided against it by his contract.”
Wherever the reference is made to “force majeure”, the intention is to save the performing party from the consequences of anything over which he has no control. (Ref: Supreme Court: Dhanrajamal Gobindram vs Shamji Kalidas And Co. AIR 1961 SC 1285)
In Easun Engg. Co. Ltd. v Fertilizers & Chemicals Travancore Ltd. (AIR 1991 Mad 158), Easun Co. failed to supply 2/3rd of transformers on account of price increase in transformer oil. The contract also provided for liquidated damages for any delay in the supply of goods and that such damages would not be applicable in case of delay caused due to force majeure viz due to strikes, war, revolution, civil commotion, epidemics, accidents, fire, wind, flood, because of any law/proclamation/ordinance/ regulation of Government, an act of God, or any other cause beyond the control of the parties.
Easun contended that they were prevented from supplying, due to force majeure conditions namely, strikes, power cut and phenomenal increase in the cost of the transformer oil (a 400% increase) due to war conditions in the Middle East and the Government of India’s Ordinance imposing higher excise duties. The Arbitrator came to the conclusion that Easun was justified in asking for variation of price in transformer oil, in view of the aforesaid force majeure conditions. Further, the contract itself provided that liquidated damaged will not be applicable in case of delay caused due to force majeure conditions.
Therefore, in ascertaining the meaning of the contract and its application to the actual occurrences, the court has to decide, not what the parties actually intended but what as reasonable men they should have intended.
Further, in Ganga Saran v. Firm Ram Charan Ram Gopal AIR 1952 SC 9, the Supreme Court held that for the application of the doctrine of frustration, courts in India must look primarily at the law as embodied in (the second part of) Section 32 and Section 56 of the Contract Act, 1872, as amended (Contract Act):
Section 32 (second part) of the Contract Act pertains to contract being discharged by its own internal forces- that is, where such impossibility was within their contemplation, at the time of entering into the contract. Then, such dissolution of contract, would be governed by Section 32.
Section 56 of the Contract Act pertains to contract being discharged by an external force or outside impact or a supervening impossibility- that is, such impossibility was never within the contemplation of the parties, at the time of entering into the contract. Then, such dissolution of contract, would be governed by Section 56.
Satisfying all these essentials, a court can refuse or entertain any suit as to specific performance under Section 56 of Indian Contract Act, 1872.
In Supreme Court case, Energy Watchdog v Central Electricity Regulatory Commission (2017) 14 SCC 80, the Gujrat Urjaa Vikas Nigam Limited (GUVNL) issued a public notice inviting proposal for supply of power. Later, Haryana Utilities also initiated a similar bidding process. Adani Enterprises was selected as the successful bidder for 1000 MW of power by GUVNL and a power purchase Agreement was signed between Adani Enterprises and GUVNL. Haryana Utilities also selected Adani Enterprises for 1424 MW and entered into a power purchase Agreement.
Change in laws took place in Indonesia, which increased the export price of the coal from Indonesia, instead of the price that was prevalent in the last 40 years. Adani Enterprises filed a petition under Central Regulatory Electricity Commission seeking relief to discharge them from the performance of the contract on account of frustration. Central Regulatory Electricity Commission refuse and Adani Enterprises went to the Supreme Court.
It was held that “neither was the fundamental basis of contract dislodged, nor was any frustrating event except for the rise in price of coal pointed out. Alternative modes of performance were available, even though at a higher price. Therefore this does not led to the Contract, as a whole being frustrated.”
SUSHILA RAM Advocate with Team Members
Chief Consultant
The Indian Lawyer & Allied Services
Frustration of contract is going to be a burning issue in the days to come, after the Covid19 crisis is over and life comes back to normal. This Video has been created for general awareness and imparting read more
Frustration of contract is going to be a burning issue in the days to come, after the Covid19 crisis is over and life comes back to normal. This Video has been created for general awareness and imparting legal knowledge on force majeure and the consequences thereof.
To view more, please visit the YouTube Link below on Frustration of Contract-
Introduction to ADRThe concept of Conflict Management through Alternative Dispute Resolution (ADR) has introduced a new non-adversarial resolution mechanism. The conflict is basically ‘lis inter partes’ read more
Introduction to ADR
The concept of Conflict Management through Alternative
Dispute Resolution (ADR) has introduced a new non-adversarial resolution
mechanism. The conflict is basically ‘lis
inter partes’ and the justice dispensation framework in India has found an
alternative to adversarial litigation in the form of an ADR process.
New methods of dispute resolution, such as ADR, make it
easier for parties to deal with the underlying issues in dispute in a more
cost-effective and efficient manner. In addition, these mechanisms have the
advantage of providing the parties with an opportunity to minimize hostility,
regain power, gain acceptance of the result, settle the conflict in a
constructive manner, and achieve a greater sense of justice in each particular
event. Dispute resolution typically takes place in the private sector and is
more effective and efficient. ADR is generally divided into at least three
types: negotiation, mediation, and arbitration.
The need of ADR in India
ADR has been given a great importance in the Indian justice
system for a variety of reasons but primarily due to the enormous pending court
cases. In the last few years, the numbers of court cases have shown a huge
increase, which has highlighted the need for alternative methods for dispute
resolution.
In a developing country like India with major economic
reforms underway within the framework of the rule of law, strategies for
swifter resolution of disputes for reducing the burden on the courts and to
provide means for expeditious resolution of disputes, there is no better option
but to strive to develop Alternative Dispute Resolution (ADR) mechanisms by
establishing facilities for providing settlement of disputes through
arbitration, conciliation, mediation, and negotiation.
The motive of the mechanism of ADR is to develop a workable
and fair alternative to our traditional judicial system. It is a fast track
justice system. Specific ADR techniques exist viz. Arbitration, mediation,
conciliation, mediation-arbitration, mini-trial, private tribunal, final
arbitration offers, court-annexed ADR and summary trials.
Scientific laws of these techniques have been developed in
the USA, UK, France, Canada, China, Japan, South Africa, Australia, and
Singapore. ADR has emerged as an important phenomenon in these countries, not
only helping to minimize the expense and time taken to settle conflicts, but
also offering a comfortable environment and a less formal and less difficult
platform for various forms of conflicts.
The Arbitration Act,1940 did not follow either the universal
or domestic principles of dispute resolution standards. Huge delays and court
interference have undermined the very intent of arbitration as a way to settle
conflicts promptly. In some cases, the Supreme Court has consistently stressed
the need to amend the law. It was agreed in the conferences since the entire
burden of the justice system cannot be carried by the courts alone, an
alternative conflict settlement system should be adopted. The Government of
India thought it necessary to provide a new forum and procedure for resolving
international and domestic disputes quickly.
Thus, came The
Arbitration and Conciliation Act,1996, hereinafter referred to as “the
Act”. The Arbitration and Conciliation law is essentially the same as
in developed countries. Conciliation has been given formal approval as a way of
resolving disputes under this Statute. Furthermore, the new Act also ensures
the arbitrators freedom and impartiality regardless of their nationality. The
Act brought in numerous amendments to speed up the arbitration process. This
legislation has created trust among international parties interested in
investing in India or going for joint ventures, foreign investment, technology
transfer, and foreign collaborations.
ADR has the advantage of being more versatile, and avoid
seeking recourse to the courts. Parties are free to withdraw at any point of
time in conciliation/ mediation. The resolution of conflicts by ADR has been
shown to be quicker and cheaper. The parties involved in ADR are not developing
strained relations; rather, they are maintaining the ongoing relationship among
themselves.
Elements of the Act
Part I of the act formalizes the arbitration process and
Part III formalizes the conciliation process. (Part II deals with the
compliance of international awards under the New York and Geneva Conventions)
Ø Arbitration: The arbitration process will only
begin if there is a binding Arbitration Agreement between the parties before
the dispute occurs. As per Section 7
of the Act, such an arrangement must be made in writing. The contract in terms
of which the dispute occurs must either contain an arbitration clause or refer
to a separate document signed by the parties to the arbitration agreement. The
presence of an arbitration agreement can also be inferred by written
communications, such as letters, telegrams, which provide a record of the
agreement.
Any party to the conflict may begin
the process of appointing an arbitrator, and if the other party does not
comply, the parties will contact the Chief Justice for the appointment of an
arbitrator. There are only two grounds on which a party can challenge the
appointment of an arbitrator — fair doubt as to the impartiality of the
arbitrator and the lack of proper qualification of the arbitrator as specified
by the arbitration agreement. A sole arbitrator or panels of arbitrators so
appointed constitute the Arbitration Tribunal.
Section 34 of the Act provides
certain grounds upon which a party can appeal to the principal civil court of
original jurisdiction for setting aside the award.
When the time limit for filing an
appeal for annulment of the award has expired or if such an appeal is denied,
the award shall be binding on the parties and shall be treated as an order from
the court.
Ø Conciliation: The conciliation process is a less
formal method of arbitration. This procedure does not allow any formal
agreement to occur. Any party can request the appointment of a conciliator by
the other party. One conciliator is preferred, but two or three are allowed as
well. In the case of several conciliators, they will all work jointly. If the
party refuses the request to negotiate, there can be no conciliation.
Parties may send the statements to
the conciliator explaining the general nature of the dispute and the points at
issue. Every party shall give a copy of the declaration to the other party. The
conciliator can request more information, request a meeting of the parties or
communicate with the parties orally or in writing. The Parties can also send
proposals for the settlement of the dispute to the conciliator.
When the conciliator believes that
there are elements of the settlement, he can draw up the terms of the
settlement and send them to the parties for their approval. When all parties
sign a consent agreement, that shall be final and binding on all parties.
Ø Mediation: A form of alternative dispute resolution
is intended to assist two (or more) parties in achieving an agreement. The
parties themselves decide the terms of any settlement instead of accepting
anything dictated by a third party. Disputes may involve (as parties) states,
organizations, communities, individuals or other representatives with a vested
interest in the outcome of the dispute. Mediators shall use appropriate
strategies to enable or strengthen dialogue between the parties, with the goal
of helping the parties to reach an agreement (with practical effects) on the
disputed matter. Normally, both parties must find the mediator to be neutral.
Disputants can use mediation in a
variety of disputes, such as economic, legal, political, employment, community,
and family matters.
Ø Negotiation: Negotiation is a discussion
designed to settle conflicts, to reach agreements on course of action, to
compromise on an individual or collective basis, or to achieve results that
represent specific interests. This is the main form of alternative dispute
resolution.
Negotiations take place in business,
non-profit organizations, government departments, legal cases, between nations
and in personal circumstances such as marriage, divorce, parenting, and
everyday life. The study of the subject is called the theory of negotiation.
Those who work effectively in negotiations are called negotiators. Professional
negotiators are also trained, such as union negotiators, leverage buy-out
negotiators, peace negotiators, hostage negotiators, or can function under
certain titles, such as diplomats, legislators or brokers.
CONCLUSION
Nowadays, court trials are very
time-consuming and expensive, which makes people look for an alternative.
Alternative Dispute Resolution and its mechanisms tend to be a successful form
of dispute resolution. These approaches are less costly, confidential and not
as time-consuming. In addition, the main purpose of the majority of ADR forms
is to strengthen the relationship between the parties to the conflict and to
help them achieve an agreement. This is what separates the methods of ADR from
the ordinary methods of litigation. There can be only one winning party in a court trial, while
after conciliation, mediation or negotiation all parties can be considered as
winners, because there is no conflict between them anymore.
Privacy in English law is a rapidly developing area. It deals with situations that help an individual has a legal right to privacy of information, this means the protection of private information from read more
Privacy in English law is a rapidly developing area. It deals with situations that help an individual has a legal right to privacy of information, this means the protection of private information from misuse or unauthorized disclosure. This type of informational privacy is different from physical privacy. English Common Law has recognized the right of data protection through the doctrine of breach of confidence and a “piecemeal” collection of related legislations on the topic. The English law was first associated by the European Convention on Human Rights through the introduction of Human Rights Act 1998. The Article 8.1 of the ECHR provide an explicit right to respect for a private life. The Convention also requires the judiciary to have regard to the Convention in developing the common law.
The parliament of the United Kingdom enacted a legislation in the year 2018 which secures the right to data privacy another step further. This latest enactment secures all the essential parts of data privacy. The 2018 legislation also discusses the topic of GDPR within its ambit and it also emphasizes on the right to protection of general data. This legislation is comprised of – a) provision about the processing of personal data, b) most processing of personal data is subject to GDPR; c) Part 2 supplements the GDPR (Chapter 2) and applies a broadly equivalent regime to certain types of processing to which the GDPR does not apply (Chapter 3); d) Part 3 makes provision about the processing of personal data by competent authorities for law enforcement purposes and implements the Law Enforcement Directive; e) Part 4 makes provision about the processing of personal data by the intelligence services; f) Part 5 makes provision about the Information Commissioner; g) Part 6 makes provision about the enforcement of the data protection legislation; h) Part 7 makes supplementary provision, including provision about the application of this Act to the Crown and to Parliament.
Definition of GDPR
The General Data Protection Regulation is a set of rules which is meant to uphold the right of data protection and privacy. The European Union had implemented a similar directive in respect of this similar topic in the year 1995. The UK law was previously based on this directive.
The European Union’s legislation is designed to harmonize the various data privacy laws of European nations and it also aims to give greater protection and rights to individuals. Even the entities and organizations have also become legally obliged to protect private information and data privacy of individuals.
After more than four years of discussion, GDPR was adopted by both the European Parliament and the European Council in April 2016. The Regulation on GDPR came into effect on 25th May 2018 after it had been published in the EU Official Journal in May 2016. The two-year preparation period has given businesses and public bodies covered by the regulation to prepare for the changes.
Implementation of GDPR in the United Kingdom
GDPR has its application across the European continent, each member country has the authority to amend the law according to its own requirements. The British Government has enacted Data Protection Act, 2018 to replace the previous act of 1998. The enactment in the year 2018 provided provisions for protections from any sort of criminal allegations against cybersecurity researchers who work to uncover abuses of personal data.
Accountability and Compliance
The enactment in respect of GDPR also imposes a certain set of accountabilities upon organizations who handle personal information. The accountabilities include data protection policies, data protection impact assessments and having relevant documents on how data is processed. GDPR rules aim to protect data from any sort of destruction, loss, alteration, unauthorized disclosure of and access to data. The term data includes financial loss, confidentiality breaches, damage to reputation and more, the same is not limited to this information only, it extends beyond the perimeter of this criteria. According to the GDPR regulation people’s data must be reported to a country's data protection regulator where it could have a detrimental impact on those who it is about. The Information Commissioner’s Office has to be informed within 72 hours from the time of finding out by an organization about the occurrence of such breach, the breach of data concerning individuals will also have to be informed about such breach.
The organizations who has more than 250 employees, they are legally obliged to record the documentation as to why people’s information is being collected and processed, description of information is also kept, for how long it is being kept and the security measures that is put in place for the protection of such information.
Organizations are legally obliged to monitor the sensitive personal data of individuals on a regular and systematic pattern. These organizations employ a Data Protection Officer (DPO). The business organizations are also required to obtain consent from persons whose data and information are collected and processed, thus data protection has become a significant issue which is being taken care of by special attention.
Right of Individuals
An individual is entitled to a great amount of power to protect personal information from unauthorized disclosure. An individual can protect information about himself/herself and he/she can prohibit any third party or organization to access to personal information about the individual.
An individual is empowered by Subject Access Request (SAR) and he/she can ask a company or organization to provide data about him/her at free of cost under the GDPR rules. The GDPR rules in respect of SAR empowers individuals to obtain confirmation from organizations that the organizations are possessing data and supplementary information about them.
The GDPR regulations also bolsters individuals’ right regarding automated processing of data. The Information Commissioner’s Office has issued a statement which confirms that individuals are privy to their rights of being not subject to any automatic decision which can produce a detrimental effect on such individuals. GDPR rules also states that individuals must be provided a rational clarification regarding any information which is formulated about them, but the rules also refer to certain exceptions under which such right cannot be exercised by individuals. The individuals are also protected by the GDPR rules and regulations in respect of their power to erase data in selective circumstances if the purpose of data collection is already satisfied, legitimate interest for data collection is unfound or the consent for data collection is revoked.
Punishment for Breach of GDPR Provisions
The GDPR provisions state that any breach in respect of data or information by any organization will have to be compensated by payment of monetary penalties. In the United Kingdom, the amount of such penalty could be as high as € 20 million or four percent of a firm’s total annual revenue considering the seriousness of the breach. This type of an attitude exhibited by the authorities are quite helpful to the idea of data security.
BREXIT and GDPR
Britain will continue under section 3 of the European Union (Withdrawal) Act 2018 with GDPR as it will be directly incorporated into Britain’s domestic law. Britain’s data protection law is almost identical with that of the European Union, therefore after Brexit there will be no significant changes in the enactments and the interests of individuals regarding data protection will be complying with the legal provisions.
The changes that will emerge is in respect of data transfer, because organizations that have transferred data between European Economic Area and Britain in case Britain does not leave on a friendly term in respect of GDPR. Britain has assured that no such discrepancy will occur.
Conclusion
General Data Protection Regulation has been an enactment which is a phenomenon in respect of data security and individuals' rights regarding the protection of the same. Member nations of European Union have pledged to protect individual’s data and the guaranty to individuals in respect of their right for such protection have created a healthy environment for data movement.
Britain’s complying with this idea and legislation to that effect has confirmed the concept of individuals’ right for information security and the privilege associated with such right is also a welcome measure for today’s democratic world which values individuals’ dignity.
The Union Minister for Finance and Corporate Affairs, Smt. Niramla Sitharaman announced several important relief measures in view of COVID-19 outbreak, especially on #statutoryandregulatorycompliance read more
The Union Minister for Finance and Corporate Affairs, Smt. Niramla Sitharaman announced several important relief measures in view of COVID-19 outbreak, especially on #statutoryandregulatorycompliance matters related to several sectors, on 24.03.2020. While addressing a press conference through video conferencing, Smt. Sitharaman announced the following #reliefmeasures in areas of Income Tax Act, 1961 (IT) and Goods and Services Tax
(GST) Act, 2017:
A. Income Tax
1- The last date for filing #ITReturns and #GSTReturns has been extended for FY 18-19 from 31.03.2020 to 30.06.2020.
2- The last date for linking Aadhaar or PAN card has also been extended from 31.03.2020 to 30.06.2020.
3- As per the ‘Vivaad se Vishwas’ Scheme, at the time of its launch, all the tax dispute settlements under the Scheme were to be allowed without payment of any interest or penalty only till 31.03.2020. A penalty of 10% of disputed tax amount had to be paid, if the dispute was settled under the Scheme, after 31.03.2020 but before the closure of Scheme on 30.06.2020. In this regard, the Finance Minister announced that the concerned taxpayer need not pay the penalty amount of 10% if payment is made by 30.06.2020.
4- All the due dates for the issuance of notice, intimation, notification, approval order, sanction order, filing of an appeal, furnishing of return, statements, applications, reports, any other documents and time limit for completion of proceedings by the authority and any compliance by the taxpayer including investment in saving instruments or investments for rollover benefit of capital gains under Income Tax Act, 1961, GST Act 2017, Wealth Tax Act 1957, Prohibition of Benami Property Transaction Act, 1988, Black Money Act, 2015, Securities Transaction Tax (STT), Capital Transfer Tax (CTT), Equalization Levy law, ‘Vivaad Se Vishwas’ Scheme, where the time limit is expiring between 20.03.2020 to 29.06.2020, would be extended to 30.06.2020.
5- For delayed payments of advanced tax, self-assessment tax, regular tax, TDS, TCS, equalization levy, STT, CTT made between 20.03.2020 and 30.06.2020, the interest rate at 9% will be charged instead of 12 %/ or 18 % per annum ( i.e. 0.75% per month instead of 1/1.5 per cent per month) for this period. No late fee/penalty shall be charged for delay relating to this period.
B. Goods and Services Tax
1- The Finance Minister further made announcements with respect to #GST statutory and regulatory compliance matters whereby relaxations are rendered to those companies having aggregate annual turnover of less than Rs. 5 Crore. Such companies can now file GSTR-3B due in March, April and May 2020 by the last week of June 2020 and no interest, late fee, and penalty will be charged.
2- Others can file GST returns due in March, April and May 2020 by last week of June 2020 but the same would attract a reduced rate of interest at 9% per annum from 15 days after the due date (Current Interest Rate is 18 % per annum). No late fee and penalty would be charged if they are complied with before 30.06.2020.
3- Also the date for opting for composition scheme is extended till the last week of June 2020. Accordingly, the last date for making payments for the quarter ending 31.03.2020 and filing of returns under GST law for 2019-20 by the composition dealers is also will be extended till the last week of June 2020.
4- Announcements further specify the payment date under ‘Sabka Vishwas’ Scheme shall be extended to 30.06.2020. No interest for this period shall be charged if paid by 30.06.2020.
The extension of the time period has come after the country has gone into lockdown mode due to the increase in cases of those infected by the Coronavirus. Many chartered accountants and income tax officials had urged the Government for an extension. As a result, these announcements come as a relief for many individuals. Similarly, the necessary legal circulars and legislative amendments for giving effect to the aforesaid reliefs would be issued in due course. And necessary legal circulars and legislative amendments to give effect to the reliefs under the GST law would be followed with the approval of GST Council.
The #SupremeCourt has recently passed a Judgment dated 17-02-2020 in Union of India and others vs Lt Cdr Annie Nagaraja & Ors., wherein the Apex Court held that the Union Government would read more
The #SupremeCourt has recently passed a Judgment dated 17-02-2020 in Union of India and others vs Lt Cdr Annie Nagaraja & Ors., wherein the Apex Court held that the Union Government would have to grant permanent commission, i.e. a career in the Armed Forces till one retires (#PermanentCommission), to #ShortServiceCommission (#SSC) women officers in the #IndianNavy, as per their qualifications, professional experience, organizational requirement, etc.
In this case, six Writ Petitions were filed in the Delhi High Court by women officers who had joined the Logistics cadre, Air Traffic Controller (ATC) cadre and the Education Branch of the Indian Navy as SSC Officers. Herein, they have challenged the constitutional validity of the Policy Letter dated 26-09-2008 and the Implementation Guidelines dated 03-12-2008 issued by the Ministry of Defence, on the grounds that they granted Permanent Commissions to SSC officers only to certain categories of the #ArmedForces and that they operated prospectively for the benefit of future batches inducted as SSCs post-January 2009. As a result of which, a number of officers in the Logistics cadre, ATC cadre and the Education Branch of the Indian Navy were released from service on completion of their tenure of SSC engagement.
In this regard, on an appeal to the Supreme Court, an Interim Order dated 20-11-2015 was passed, thereby directing the Government to permit the SSC Officers serving in the Navy as on 26-09-2008, to continue their service and also to permit those other SSC Officers serving in the Navy, who were released from service upon completion of their short tenure, to join back to service.
Further, in this case, the Apex Court made the following observations and held that:
1- The restrictions imposed on SSC Officers to the extent that they are made prospective and restricted to specified cadres under the Policy and the Guidelines have been set aside for causing serious prejudice to women SSC officers in the Navy.
2- The SSC officers in the said case except those in ATC cadres and those in the Education, Law and Logistics cadres who are presently in service shall be granted Permanent Commissions based on vacancies available.
3- Both male and women officers would be able to apply for grant of Permanent Commissions for the same period of service, for the same consequential benefits of pay, promotions, retiral benefits, etc, after they complete their respective short terms of service.
4- All those SSC officers who were inducted prior to the issue of the Policy Letter and who are not presently in service, and as a result could not be given Permanent Commissions, shall be given a one-time compensation.
Thus, the Supreme Court directed the Union Government to implement the aforesaid directions within three months of the date of the said Judgment dated 17-02-2020 and thereby, consider SSC women officers in service for Permanent Commissions irrespective of their tenure of service.
In the case of Bhagwan Singh versus State of Uttrakhand, by Order dated 18.03.2020, the Hon’ble Supreme Court of India decided on the issue of celebratory firing that caused the death of two persons unintentionally. read more
In the
case of Bhagwan Singh versus State of
Uttrakhand, by Order dated 18.03.2020, the Hon’ble Supreme Court of India decided
on the issue of celebratory firing that caused the death of two persons
unintentionally. It held that the Appellant had committed culpable homicide as the Appellant had no intentions to kill the
deceased while he shot celebratory fire from his licensed gun.
Bhagwan
Singh was convicted for murder of two people and for injuring three other
people from his licensed revolver during celebratory fire, by the Trial Court
and by the Hon’ble High Court of Uttarakhand. Bhagwan Singh was sentenced for life imprisonment by the Hon’ble High
Court. Aggrieved by the High Court Order, Bhagwan Singh filed an appeal
before the Apex Court.
In the
said Criminal Appeal it was observed by the Hon’ble Supreme Court that it was a
case of celebratory firing which unfortunately caused unintentional death of
two persons and injuries to three others.
Partly
allowing the appeal the Hon’ble Justices
S.A. Bobde, Surya Kant and BR Gavai disagreed with the Trial Court and the
High Court findings that the firing from the gun which was pointed towards the
roof, was done with malafide intention. The Bench further observed that the
Appellant firing of the gun was not as bad as firing into a crowd of persons. It
further observed that the Appellant did not know gun shot firing was so imminently
dangerous that it would, in all probability, cause death or such bodily injury
as was likely to cause death. The Hon’ble Supreme Court observed that:-
“The evidence on record contrarily shows
that the appellant aimed the gun towards the roof and then fired. It was an unfortunate case of
misfiring. The appellant of course
cannot absolve himself of the conclusion that he carried a loaded gun at a
crowded place where his own guests had gathered to attend the marriage
ceremony. He did not take any reasonable
safety measure like to fire the shot in the air or towards the sky, rather he invited
full risk and aimed the gun towards the roof and fired the shot. He was
expected to know that pellets could cause multiple gunshot injuries to the
nearby persons even if a single shot was fired. The appellant is, thus, guilty
of an act, the likely consequences of which including causing fatal injuries to
the persons being in a close circuit, are attributable to him. The offence
committed by the appellant, thus, would amount to ‘culpable homicide’ within
the meaning of Section 299, though punishable under Section 304 Part 2 of the
IPC.”
The three
Judges Bench therefore, convicted him under Section 304 Part 2 of Indian Penal
Code 1860 and sentenced him to ten years of rigorous imprisonment.
Hon’ble
Chief Justice S.A. Bobde who headed the Bench observed that “Incidents of celebratory firing are
regretfully rising, for they are seen as a status symbol. A gun licensed for
self protection or safety and security of crops and cattle cannot be fired in
celebratory events, it being a potential cause of fatal accidents. Such like
misuse of fire arms convert a happy event to a pall of gloom.”

Allahabad, India

Kolkata, India

Allahabad, India

Moradabad, India

Mohali, India

Navi Mumbai, India

Glendale, United States

Muzaffarpur, India
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"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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