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CASE - COMMON CAUSE V. UNION OF INDIA AND ANR. CASE BRIEF FACTS :In the year 2005 a public interest litigation was filed by an NGO known as Common Cause in Supreme Court of India. The petition read more
CASE - COMMON CAUSE V. UNION OF
INDIA AND ANR.
CASE BRIEF
FACTS :
In
the year 2005 a public interest litigation was filed by an NGO known as Common
Cause in Supreme Court of India. The petition was filed only for one reason and
that is seeking directions for legal recognition of living will and for the
system of certification of passive euthanasia. It was also found out that
various members of society wrote letters to various department of government
but no response was given by the government. Any person who is suffering from
serious illness and where there is no chance of improvement or any person who
is depended on artificial life support system and unwanted painful treatment is
given, such people should be given the relief from pain by doing the process of
passive euthanasia. The petitioner also requested that there should be a legal
recognition of living will for the patient who wanted to conduct passive
euthanasia.
The
main motive of this petition is to end the life of the patient with his/her
consent through the process of passive euthanasia so that the patient does not
suffer from any illness or disease which cannot be cured and also give relief
from mental as well as physical pain. But the government of India reported that
the idea of living will was unacceptable and doctors have the duty to save the
life of the patient.
ISSUES
:
1. Whether
passive euthanasia should be permitted on the living will of patient.
2. Whether
right to live with dignity covers the right to die as well in cases where patient
has no hope of recovery.
JUDGEMENT
:
In
the current case ‘Common Cause vs Union of India the Supreme Court held that
right to life under article 21 of Constitution of India also include the smooth
and easy process of dying of a terminally ill person or who is in a constant
state without any recovery. However in an earlier case Gian Kaur vs State of
Punjab the Supreme Court held that euthanasia and suicide both are illegal in
India. It was also held that Article 21 of Constitution of India only consist
of right to life and it does not include right to die. But in other cases such
as Aruna Ramchandra Shanbaug vs Union of India it was held that passive
euthanasia can be allowed in exceptional circumstances.
However
in the current Case the Supreme Court is in a view of making proper laws and
regulations through legislature for passive euthanasia. Article 21 of the Constitution which deals
with right to life and liberty must be changed and interpreted with the changing
need of the society and also right to live with dignity must also include right
to die with dignity and it must fall under fundamental rights which has been
mentioned in the Constitution. The Court has laid down various rules and
regulations regarding the execution of living will and their authentication
which can be done by the magistrate. Any person who is mentally competent
enough can execute the free will of passive euthanasia. Though the medical
practitioners are not allowed to end a patient’s life with any kind of drugs,
medicine etc. but if a person who does not want to live with the help of any
artificial support, he/she is permitted to exercise his/her legal right to die
with dignity.
Thus,
to conclude, Supreme Court of India allowed the writ petition which is being
made on behalf of the above mentioned NGO.
यह वीडियो 'हमारा कानून' के 'भारत के संविधान' श्रृंखला का हिस्सा है। इस श्रृंखला का उद्देश्य भारत के संविधान के बारे में कानूनी जागरूकता पैदा करना है। इस वीडियो में बताया गया है कि भारत का संविधान क्या read more
यह वीडियो 'हमारा कानून' के 'भारत के संविधान' श्रृंखला का हिस्सा है। इस श्रृंखला का उद्देश्य भारत के संविधान के बारे में कानूनी जागरूकता पैदा करना है। इस वीडियो में बताया गया है कि भारत का संविधान क्या है, वह कैसे लागू हुआ और उसका प्रस्तावना (Preamble) क्या है।
भारत को एक मजबूत गणतंत्र बनाने के लिए यह आवश्यक है कि भारत के 130 करोड़ लोग संविधान के बारे में जाने।
कृपया इस वीडियो को ज्यादा से ज्यादा शेयर करे और हमारा कानून को सब्सक्राइब करे। यह वीडियो आपको कैसा लगा इसके बारे में हमे अपनी राय जरूर कमेंट कर के बताए।
Gain ShareGainsharing is a management system used by a company to boost profitability by motivating employees to improve their performance through engagement and participation. Employees share in the read more
Gain
Share
Gainsharing
is a management system used by a company to boost profitability by motivating
employees to improve their performance through engagement and participation.
Employees share in the gain (improvement) financially as their performance
improves. The aim of Gainsharing is to improve performance and eliminate waste
(time, money, and materials) by empowering employees to work more intelligently
as a team, rather than just alone.
Not
to equate gain sharing with profit sharing. Gainsharing and profit sharing vary
in many aspects. Often known as Gain Sharing, Gainshare, and Gain Share It
could also be called "gains sharing." In other words, a company
shares the savings from improved performance with its workers.
GST
The
GST is an indirect federal sales tax applied to the purchase of certain goods
and services. The business adds GST to the product's price, and a customer who
purchases the product pays the selling price plus GST. The portion of GST is
received by the company or seller and is forwarded to the government. It
is also known in some countries as Value-Added Tax (VAT).
Gainshare
not a part of GST
GST
applies to "Supplies" of goods and services. The term "supplies"
is defined in Section 7 of the Central Goods and Services Tax Act,2017
("CGST Act"), which includes transactions for consideration purposes.
However, transactions are treated as supplies in the cases referred to in Schedule
I to the CGST Act, even if the consideration is absent which includes
supplies between related persons when such supplies are made in the course of
business or in the continuation of business.
In
this context, the clarification to Section 15 of the CGST Act which
provides that employer and employee shall be deemed to be "connected
persons". Accordingly, employer suppliers to workers would be liable to
GST even if these deliveries are rendered without consideration as they are
considered to be associated persons (except for gifts up to Rs 50,000 stated at
the end of this Article).
Nevertheless,
Schedule III of the CGST Act states that "the employee's services
to the employer in the course of or in relation to his jobs" will not be
regarded as the provision of goods or services and therefore GST does not apply
to services rendered to the employer by the employee, provided that they are in
the course of or in relation to the job.
Transactions
that are excluded from the tax levy for transactions between employee and
employer are therefore:-
1.
Provision of an employee's services to the employer during the course of the
job.
2.
Employer gifts to the employee in a Financial Year not exceeding Rs 50,000.
DOCTRINE OF LAST SEEN THEORYWHAT IS LAST SEEN THEORYLast seen together theory is one in which two people are ' seen together ' and one is found alive after an interval of time, and another is dead. Last read more
DOCTRINE
OF LAST SEEN THEORY
WHAT
IS LAST SEEN THEORY
Last seen together theory is one in which two people
are ' seen together ' and one is found alive after an interval of time, and
another is dead. Last seen theory may by itself be a poor
kind of evidence establishing conviction on the same. Last seen together
principle is one of the latest principle which is taken into consideration in
establihing the guilt of the accused. Doctrine of last seen, if proved, shifts
the burden of proof onto the accused, placing on him the onus to explain how
the incident occurred and what happened to the victim who was last seen with
him. If there is a failure on part of the accused to furnish any explanation in
this regard, as in the case in hand, or furnishing false explanation would give
rise to a strong presumption against him, and in favour of his guilt, and would
provide an additional link in the chain of circumstances
CASE
LAWS DEFINING THE CONCEPT OF LAST SEEN THEORY
Reena
Hazarika Vs. State of Assam Criminal
Appeal No.1330 of 2018
The deceased resided at the tenured premises belonging to the
brothers Manoj Kumar Deka, Dipen Deka and Bhrigumoni Deka along with the
appellant and his son, aged around 9 years. The appellant is alleged to have
attacked the deceased on the night of 10.05.2013 that was interfering. The
landlords said he heard noises and when he went there, he found the deceased
with a head injury attributable to a fall, but the deceased was otherwise
correct. Because of rains and the unavailability of an ambulance they were
unable to send him to hospital. The Trial Court and the High Court hold the
present case to be a matter of circumstantial evidence.
Mr. Manoj deposed that the deceased had told him about at 11:00
p.m. On 10.05.2013 that he suffered a head injury due to a fall and that the
witness did not provide any first aid to the deceased when he and his brother
Dipen tried to call an ambulance at approximately 12:00 am. Contrary to Manoj statement,
his brother declared that he had been woken up at approximately 23:00 am. The
complainant weeping and telling him her husband had sustained head injury. The
deceased is then said to have told the witness himself the accident wasn't
serious.
Defence taken by the appellant under
Section 313 Cr.P.C. as follows: I saw my husband lying with bleeding
wound in the bed. Manoj Deka and his brothers come here on my cry with a drink
in one brother's hand. Afterwards I saw Manoj Deka put Dettol on my husband's
bite. I rang out to 108 ambulances too.When, I wanted to call police Manoj
Deka, my phone was snatched from me. There arrived on my criing neighboring
peoples. I tried to take my husband to hospital, but my Manoj Deka and others
failed to take him to Hospital because of non-cooperation. It expired around
9.30 that night and Manoj Deka and other neighbors were sitting down. Manoj
Deka has subsequently falsely implicated me. I think my husband was physically
assaulted.
SUPREME COURT OBSERVATION
The facts and circumstances of the case,
the essence of the evidence available coupled with the manner in which it was
examined, leave us persuaded that, in the case of circumstantial evidence, the
ties in the chain of circumstances can not be said to have been formed leading
to the inescapable conclusion that the appellant was the deceased's assailant,
inconsistent with any likelihood of innocence.
2. MANOHARAN VS STATE BY INSPECTOR OF POLICE
Mohanakrishnan borrowed a vehicle
that picked up two kids, a 10-year-old girl and her 7-year-old brother from
outside a Hindu Temple as the kids prepared to go to school. This
Mohanakrishnan was seen in the aforementioned vehicle by PW.3, the priest of the
particular Vinayakar Temple and by PW.9, the two children's grandmother, taking
the kids away. Instead, Mohanakrishnan took the kids to a gas pump around 8.15
a.m. That same day, at 9.30 a.m. The Appellant was picked up from his
Angalakuruchi home.
The children were then taken about
10.45 am to a remote area called the Gopalsamy Temple Hills. At which point
rape was allegedly committed against a girl whose hands were tied by both
Mohanakrishnan and the Appellant. The two accused then purchased what is known
as cow dung powder which is nothing but a poisonous substance that is applied
to cow dung to keep insects away, given that the girl had been brutally raped
(her anus having ruptured). This drug, together with milk, which was also
purchased by the Appellant in this case, was reportedly administered to the two
children by both Mohanakrishnan and the Appellant in an attempt to end both. The kids just ate a small portion of the cow dung powder
mixed with the milk and died. Mohanakrishnan and the Appellant subsequently
threw both of the children at the Parambikulam-Axhiyar Project Canal ("PAP
Canal") and the prosecution charged that the Appellant had tied the girl
up and pushed her into the canal, while Mohanakrishnan pushed the boy into the
canal. At 5 p.m. Soundararajan saw the two children's school bags
floating inside the canal. The school principal was informed later on the same
evening who then informed the police about 6.15 p.m. And 6.30 hours. Same
afternoon. 21.00 p.m. On the same day, Mohanakrishnan went to PW.7's house an
Anbu @ Gandhiraj who had informed the police that Mohanakrishnan had been
arrested at 9.45 pm. That same night, at the house of PW.7. 9:30 a.m. The
girl's body was recovered from the canal the next day. The present appellant
was arrested on 31 October 2010, at 7.15 a.m. And the boy's body was also
recovered from the canal the same day. To
complete the narrative, Mohanakrishnan was shot dead by the police on 9.11.2010
in an encounter. That left only the Appellant to be tried as an accused. A
confession was recorded before the Magistrate.
The trial court eventually found
the appellant guilty in a thorough judgment under section 120-B, section 364-A,
section 376, section 302, section 302, read with section 34 and section 201 of
the Indian Penal Code. The Appellant was sentenced to life imprisonment under
Section 376 IPC, and he was granted the death sentence for the crime under
Section 302 IPC. In the
impugned judgment the High Court of Madras set aside the conviction of the
appellant pursuant to Section 120-B and 364-A of the Penal Code, but confirmed
the sentences pursuant to Sections 376, 302, Section 302 read with Section 34. High Court found
that the last seen theory was made out in the facts of the present case such
as
1. Sundararajan – PW.3, who was the temple priest who saw
Mohanakrishnan picking up the two children around 8.00 a.m. on 29.10.2010.
2. Senthil
Kumar – PW.20, a tailor, who saw both the accused with the children at 10.00
a.m. on that day.
3. N. Mani
- PW.25, owner of a brick kiln in the foot hills of Gopalasamy Hills, who saw
both the accused with the children at roughly 10.45 a.m. as they were coming
down from the Gopalasamy Hillock.
4.
Saravanakumar - PW.23, owner of a bakery who sold the milk at 1.00 p.m. on the
same day to the Appellant, who saw the two children with Mohanakrishnan and the
Appellant; and
5. R.
Soundararajan – PW. 24 who saw both the accused with the children in a Maruti
van around 3.00 p.m. on the same day.
SUPREME COURT OBSERVATION
The
Supreme Court, in the matter of Machhi Singh vs. State of Punjab [1983 (3) SCC 470], held that when
the community feels that for the sake of self-preservation the killer has to be
killed, the community may well withdraw the protection by sanctioning the death
penalty. But the community will not do so in every case. It may do so in rarest
of rare cases when its collective conscience is so shocked that it will
expect the holders of the judicial power centre to inflict death penalty
irrespective of their personal opinion as regards desirability or otherwise of
retaining death penalty.
SC have no doubt that the trial
court and the High Court correctly applied and balanced aggravating
circumstances with mitigating circumstances in order to find that the crime
committed was cold-blooded and involves the rape of a minor girl and the most
heinous possible murder of two children. SC
have no hesitation in our mind that the prosecution has proved beyond
reasonable doubt that Mohanakrishnan picked up the two children and later
Manoharan joined him and together both the accused were last seen with the two
children and thus, the prosecution has proved the kidnapping and last seen
theory without any iota of doubt
Therefore, uphold and maintain
conviction of the appellant under Sections 302, 376(2)(f) and (g) and 201 IPC
and the sentences awarded under Sections 376(2)(f) and (g) and 201 IPC. To this
extent the appeal is dismissed
Voyeurism: Concept and Punishment under the Indian Penal CodeVoyeurism, in a broader perspective implies the act of gaining sexual pleasure from watching other people while they engage in sexual activities read more
Voyeurism:
Concept and Punishment under the Indian Penal Code
Voyeurism,
in a broader perspective implies the act of gaining sexual pleasure from
watching other people while they engage in sexual activities or are naked. “Voyeurism is a paraphilia that involves sexual
pleasure from viewing unsuspecting individuals undressing, already nude, or
involved in sexual activity”. It can also be defined as the habit of spying
on people doing actions that are generally regarded as private, such as
engaging in sexual activity or undressing. In voyeurism, the person being
observed may have no connection with the voyeur in any way. This kind of
obsessive behavior can also be called stalking.
Private act under this provision describes an act of watching
carried out in a place, where in the circumstances would reasonably be expected
to provide privacy. Any other person at the behest of the perpetrator or
distributing such image shall be punished on first conviction with the
imprisonment of either description for a term not less than one year, but which
may extend to three years, and shall also be liable for fines and punishable on
a second or subsequent conviction with the imprisonment of any description for
a term not to be imposed.
History of Voyeurism and its
introduction in Indian Law
The
term Voyeurism has its roots in French. Voyeur means “the one who looks”. It
was introduced in the Indian Penal Code, 1860 through the Criminal Law (Amendment)
Act, 2013 which relates to sexual offences. The Amendment came following the
outrage in the nation at that time regarding the brutal gang-rape in 2012 in
Delhi. Previously, under IPC there was no specific offence. Under the
Information Technology Act 2000, however, men and women were covered, and
penalty was up to 3 years and/or fine up to Rs. 2 lakh for the act.
The
Criminal Law (Amendment) Bill, 2013 was introduced to amend the existing
provisions in criminal law with regard to improve the safety of women. There
was a huge outrage across the nation following the brutal gang-rape incident in
2012 in Delhi. Previously, there was no clear definition and scope for'
intrusion into privacy.' The offense is usually combined with other forms of
harassment or violence, and is not considered a separate offence. This
section's provisions require the criminal to have the' intention to insult a
woman's modesty.' It may or may not be an act that physically endangers an individual's
security; however, it may cause the victim mental trauma and fear. It is a
blatant intrusion into the privacy of an individual, where the stalker tries to
establish relations with his victim without his consent. An individual would
expect that a private space for example his/her home, a place where he/she can
assume they are not being watched or observed. A fair presumption of privacy
includes both public and private areas where the victim is reasonably expected
not to be detected to engage in private activities such as disrobing or sexual
acts
On
February, 2019, in case of R v Jarvis, the Supreme Court of
Canada made a landmark decision and gave its interpretation of meaning of
“reasonable expectation of privacy” in the context of section 162(1) of the
Criminal Code of Canada involving a criminal offence of voyeurism.
Facts: Ryan Jarvis (Jarvis)
was a high school teacher with the Thames Valley District School Board (School
Board) at Beal Secondary School (School) in London, Ontario. He taught and
supervised many pupils, between the ages of 14 and 18. He was at the school in
good standing and had no allegations against him concerning his teaching
abilities or his dealings with the students.
It
turned out that Jarvis was recording female students through a pen which had camera
fitted inside and the videos were made without the consent of the students. He
recorded students at various locations in the school and the CCTV cameras were
also highlighting this fact. Neither the school nor the school board gave
Jarvis to record these videos and he also told nobody about the act that he was
doing.
A coworker informed the principal and
he further informed the police and the pen was taken away from Jarvis. In total, there were 17 active videos of
30 different individuals – 27 were female students at the School. The focus of
the audio and video footage was on females’ chest areas. To that end, Jarvis
was charged under section 162(1) (c) of the Criminal Code of Canada for
committing the offence of voyeurism. The section states, “Every one
commits an offence who, surreptitiously, observes — including by mechanical or
electronic means — or makes a visual recording of a person who is in
circumstances that give rise to a reasonable expectation of privacy, if the observation or recording is done for a
sexual purpose”
Courts observations: The trial judge concluded that Jarvis’
behavior was morally repugnant and professionally objectionable in breach of
his obligation to his profession. Since the third element i.e. recording done
for a sexual purpose of the test could not be met, Jarvis was found to be not
guilty of the offence and was acquitted.
The
Court of Appeal's majority said there was evidence beyond reasonable doubt that
Mr. Jarvis had made the videos for a sexual purpose. But at the time, it didn't
feel the students had a reasonable expectation of privacy. It has also said
that Mr. Jarvis is not guilty.
One
question has had to be decided by the Supreme Court. It was whether the students
should reasonably have clearly anticipated protection, privacy from the sort of
secret recording Mr. Jarvis did in their school's common areas. All the
remaining elements were proved beyond reasonable doubt.
Verdict of the Canadian Supreme Court: All Supreme Court judges agreed Mr. Jarvis should be found guilty. They said that the students reasonably expected that a teacher's hidden camera at school would not record them. In order to determine when someone should be able to reasonably expect privacy, the majority said courts need to look at the whole situation. This might include where it was to watch or document, how it was done and if any rules or policies were in place. It could also include whether the person was just watching or recording (because a recording can capture more data, is permanent, and is easily viewable, editable, and shared). The majority noted that in this case the students had been recorded in a school. The recording violated the policy of the school board, and the relationship of trust between a teacher and a student. The videos targeted specific female students, often with a focus on their breasts. The students would never expect their school to be recorded in such a manner, by a teacher. Apparently they had a reasonable expectation about privacy.
Introduction Arbitration is a mechanism in which a dispute is brought before one or more arbitrators who make a final decision on the dispute, by consensus of the parties. The parties opt for a private read more
Introduction
Arbitration
is a mechanism in which a dispute is brought before one or more arbitrators who
make a final decision on the dispute, by consensus of the parties. The parties
opt for a private dispute resolution method of preferring arbitration, rather
than going to court. Arbitration agreements are regulated by the terms of The
Arbitration and the Conciliation Act. Infringement of the mark is defined as
the unauthorized use of a label or service mark. Such use may be linked to
goods or services, and may lead to confusion, deceit, or misunderstanding of
the actual company from which a product or service originated. Trademark owners
are allowed to take legal action against an individual who infringed the mark.
If the court finds the accused person guilty then it can forbid the person from
using that mark and grant him to pay any monetary compensation to the party
affected.
A
registered trademark is word, symbol or combination identifying and
differentiating a company or a commodity in the market. A registered service
mark is a service of a specific company. Trademark also gives exclusive notice
to the public.
Contravention
or Infringement of Trademark
Trademark
infringement pursuant to Section 29 of the Trademarks Act, 1999 is
characterized as the use of a mark by an unauthorized or permitted individual
or a person who is not the registered owner, which is identical or deceptively
similar to the mark in relation to the goods or services for which the mark is
registered. It is described in simple words as the infringement of exclusive
rights attached to a registered trademark without the permission of the
registered owner or licensees. The courts have concluded time and time again
that resemblance between two labels and the kind of goods and services leads to
misunderstanding in the minds of the general public. They can benefit unduely
from enjoying the registered trademark's hard-earned reputation.
A
registered trademark is said to be infringed in the following situation:
1. if
the disputed trademark is identical or deceptively similar to the registered
trademark and is related to the same or similar goods or services.
2. if
the same or similar trademark may cause confusion in the general public to
associate with the registered trademark.
3. If
the registered trademark is used as part of a trade name or business concern
for goods and services in respect of which the trademark is registered.
4. If
the trademark is advertised and, as a consequence, it takes unfair advantage or
is contrary to honest practices or is detrimental to the distinctive character
and reputation of the registered trademark.
5. If the registered trademark is used in the
material meant for packaging or labelling of other goods or as a business paper
without due authorization of the registered user.
In
India, trademark litigation occupies an enormous area in the cases related to
intellectual property. The case concerning the trademark is an inter partes
adjudication. That being so, the alternative dispute resolution approaches will
definitely provide the ailing judiciary with an acceptable redress. Therefore,
it is interesting that in cyber squatting situations, arbitration plays a
dominant role in the standardized process described in the Uniform Domain Name
Dispute Resolution Policy and the Dispute Resolution Policy,1999 for Indian
Domain Name.
Interim
Relief under Section 9 of Arbitration and Conciliation Act
A
plain reading of section 9 indicates that a party may apply to the court for an
interim measure of protection before or during the arbitral proceedings or at
any time after the arbitral award is made but before it is enforced in
accordance with section 36. Prayers for interim protection measures may
include:
–Appointment
of a guardian of a minor or an unsound person
–Preservation
or interim custody or sale of goods where goods are of a perishable nature
–Securing
the amount of claims
–Allowing
inspection or interim injunction or appointment of a receiver
–Any
other relief as the court may, in its sole discretion, deem appropriate, taking
into account the case
Recent
cases on infringement of trademark
Verizon
Trademark Services LLC v. Bhaban Sankar swain, 2016 SCC Online Del 5109
The
present complaint was filed by the plaintiffs requesting, inter alia, an order
of permanent injunction prohibiting the defendant from directly or indirectly
trading in goods and/or services under the trademark' VERIZON' or any other
trademark that is deceptively identical to the plaintiff trademark ' VERIZON.'
The plaintiffs also petition for an order to forfeit accounts of the
defendant's accumulated income and a Rs. 20, 05,000/-injunction for damages
against the defendant. The plantiff are granted fair litigation costs, which
are quantified in Rs. 2 lakhs.
Volvo
Trademark Holding AB v. Cosmos1, 2003 SCC Online WIPO 627
On
15 August 2003, the Complaint was filed with the Arbitration and Mediation
Centre of the WIPO (the "Centre"). On 18 August 2003, the Centre
forwarded an application for registrar verification in connection with the
domain name at issue to Intercosmos Media Group d / b / a directNIC.com via
email. It was held that real or positive knowledge of the rights of the
Complainant in the trademarks is a factor which supports a finding of bad
faith.
Delhi's Lieutenant Governor on 13 January passed a three-month order authorizing Commisioner Of Police to place the city under the National Security Act (NSA) for three months between 19 January and 18 read more
Delhi's Lieutenant Governor on 13 January passed a
three-month order authorizing Commisioner Of Police to place the city under the
National Security Act (NSA) for three months between 19 January and 18 April
in
the wake of protests against the Citizenship Amendment Act (CAA). Under the
National Security Act a person may be detained for up to 12 months without any charge.
Furthermore, the person is not allowed to be told about the charges for 10
days. The detained person may appeal to
a high court advisory board but during the trial, a lawyer is not permitted.
Although the Union home ministry has downplayed the
situation, a senior official in the central government said it was “a routine affair and the notification
was renewed from time to time”. There is nothing new in this. Such an order is issued once in every
three months that gives power to the police chief to detain under the NSA,” a
senior police officer said. Another police officer told The Print, “Under the
Act, the police chief or the district magistrate has this power. This has
always been there, though it is rarely exercised.”
Often, if authorities are convinced that he /
she is a threat to national security or law and order, the person can be held
under preventive detention for months. It is important to notify the state
government concerned that a person has been detained under the NSA. A similar
order was issued on 14 January, in Andhra Pradesh. The NSA had been extended to Jammu and
Kashmir in August 2019 after the revocation of Article 370 and the bifurcation
of the former state, allowing armed forces to detain an individual in the
valley on grounds of threat to national security.
Section 46(4) of the Code of Criminal Procedure was introduced in 2005 (hereinafter referred to as the Code) and the proviso for (1) of the section was inserted in 2009, this clause specifies the procedure read more
Section
46(4) of the Code of Criminal Procedure was introduced in 2005 (hereinafter
referred to as the Code) and the proviso for (1) of the section was inserted in
2009, this clause specifies the procedure for the arrest of a woman, section 46
of the act reads as follows:-
” Arrest how made –
1. In making an arrest the police
officer or other person making the same shall actually touch or confine the
body of the person to be arrested unless there be a submission to the custody
by word or action.
Provided that
where a woman is to be arrested, unless the circumstances indicate to the
contrary, her submission to custody on an oral intimation of arrest shall be
presumed and, unless the circumstances otherwise require or unless the police
officer is a female, the police officer shall not touch the person of the woman
for making her arrest.
2.
If such person forcibly resists the endeavor to arrest him, or attempts to
evade the arrest, such police officer or other person may use all means
necessary to effect the arrest.
3.
Nothing in this section gives a right to cause the death of a person who is not
accused of an offense punishable with death or with imprisonment for life.
4. Save in exceptional circumstances, no women shall be
arrested after sunset and before sunrise, and where such exceptional
circumstances exist, the woman police officer shall, by making a written
report, obtain the prior permission of the Judicial Magistrate of the first
class within whose local jurisdiction the offense is committed or the arrest is
to be made.
The
prerequisite for the provisions of sub-section (4) of Section 46 of the said
Code is therefore two-folded. If the police officer wants to apprehend the
woman after sunset and before daylight, exceptional circumstances must occur
for such an arrest. Where such exceptional circumstances occur, a Lady Police
Officer shall make a written report and receive prior authorization from the
Judicial Magistrate, First Class in whose jurisdiction the the arrest shall be
made.
Section 60A of the Code also states that –“
No arrest shall be made except in accordance with the provisions of this code
or any other law for the time being in force providing for arrest. “
Some violation of the rules
There
have been cases of a violation of section 46(4) of the code. One of the recent
cases Kavita Manikikar v.
Central Bureau of Investigation, Mumbai in which the lady filed
a written petition before the Bombay High Court for breach by the CBI officers
of section 46(4) and 60A of the Code, the High Court permitted the written
petition and held that the petitioner's arrest was unlawful and contrary to the
provisions of section 46(4) of the Code, and imposed a fine of Rs. 50,000/-on
the respondent.
The
legislature's purpose is to protect women, but sometimes police officers
violate the law and act inappropriately with women as happened in the case of Bharati S. Khandar v. Maruti Govind Jadhav
as the complainant (the lady) was aware of the provisions of section 46(1),
i.e. that only a female police officer could arrest a woman, so she declined to
go with the male police officer who came to arrest her at night, but she was
still unaware of section 46(4) of the code and was arrested after sunset and
also mistreated by the police.
Data protection is the mechanism by which personal information is shielded from theft, misuse or failure. Data protection is becoming more relevant as the amount of data generated and processed continues read more
Data
protection is the mechanism by which personal information is shielded from
theft, misuse or failure. Data protection is becoming more relevant as the
amount of data generated and processed continues to grow at unprecedented
rates. A large part of a data protection strategy therefore ensures data can be
restored quickly after any corruption or loss. The key components of data
protection include protecting data from misuse and maintaining data privacy.
The key principles of data protection are to safeguard and make available data
under all circumstances.
Personal
data is any information that applies to you, whether it involves your private,
personal, or public life. In the online environment, where large amounts of
personal data are exchanged and transmitted instantly around the globe, it is
becoming increasingly difficult for people to keep control of their personal
information. Data protection applies to the procedures, protections and
contractual laws that are put in place to protect and ensure that you remain in
control of your personal information. In short, you should be able to decide
whether or not you want to share some information, who has access to it, for
how long, why, and be able to alter some of that information, and more.
Data protection law in U.K and
India
Data
protection is a fundamental right within the European Union and the General
Data Protection Regulation (GDPR) is the new framework for securing that right.
It's has its own flaws but it's a very positive framework for users,
allowing Europeans to take back control of their personal information. Even as
the law is still being applied, it will come into force in May 2018, other
countries look to the GDPR as they establish or introduce their own data
protection regulations. The GDPR is considered to be a regulation which
regulates how companies protect personal data of European citizens. The GDPR
provisions apply to each Member State of the European Union, with the aim of
creating more effective customer and personal data protection across EU
nations. To put it simply, the GDPR requires a minimum set of standards for
companies that handle data of EU citizens to better protect the collection
and transfer of personal data from people. The Data Protection Act, 2018 is the
enactment of the General Data Protection Regulation (GDPR) by Britain. Those
responsible for using personal data must follow strict guidelines called '
principles of data protection’. They must ensure that the information is used
legally and transparently.
India's
data protection mechanism currently faces many challenges and resentments due
to the lack of a proper legislative framework. India being the world's largest
host of outsourced data processing could become the epicenter of cyber crimes,
this is largely due to the lack of adequate legislation. The best solution
will, however, come from good statutory regulations along with sufficient
knowledge of the public and the employees. It is high time that, we in India
have to pay attention towards data security. In India there is no express legislation
relating to data protection, although the Personal Data Protection Bill was
introduced in 2006 but it is still waiting to see light till this day. This
Bill follows a systematic model stating that it will regulate personal data
collection, processing and distribution. It is important to note that the
bill's applicability is limited to personal data as described in the
2nd clause of the Bill.
When
we talk about Indian scenario, the Information Technology (IT) Act, 2000 which
is also there and it governs the issues which relates to cyber crimes.
Provision in the IT Act which deals with cyber crimes such as Section-43A which
deals with compensation for damages caused by failure to maintain reasonable
security practices to protect sensitive personal data. Further, Data (Protection and Privacy) Bill
was also introduced in the Parliament in 2017 proposing to bring privacy under
ambit of legislation. This comes as a result of a verdict of the Hon’ble
Supreme Court of India which declared Right to Privacy under Article-21 of the
Indian Constitution.
Impact of GDPR on India
Data
under this regulation does not only include personal information such as names,
gender, e-mails but also the tracking of cookies and browser history and so on.
The scope of GDPR is very wide as it applies to Indian companies which are
present in European countries and even if not operating in an EU country but it
processes personal data of residents of Europe. Indian companies who have
potential to grow might not achieve the potential growth unless Indian legal framework
meets GDPR protection standards. GDPR’s effect on Indian companies which comes
under the scope of it might face heavy consequences as GDPR imposes heavy penalties
(€20 million or 4% of global profit, whichever is higher) with respect to
violation of its regulations.
Effects of GDPR on third party
transaction
This
regulation places equal liability on data controller (organizations that owns
the data and determines the purpose for which it will be used) and data
processor (who manage the data). GDPR states that if the third party is not in
compliance with the regulations it will be assumed that the controller is also
not in compliance for the same. Under GDPR, organizations who control the data
are required to ensure that the third party, to which they are providing
personal data, are in compliance and have adequate legal measures dealing with
data protection. Article 28 of GDPR now mandates, “any company who are doing
business in the EU will be responsible for all third parties processing
personal data on their behalf”. This measure is taken because nearly 63% of the
data breaches in 2018 were associated with third parties who were processing
that data.
There
are certain rights that GDPR contents that were present before its enforcement,
these rights are:
·
Right
to object: An individual can now make an objection regarding
the processing of his personal data in certain circumstances
·
Right
to erasure: Right to erase personal information in certain
circumstances. For example- at the end of a contract.
A
contract under GDPR will state that conduct of third parties that; they will
act on your documented instructions; they won’t contract sub-processors without
your prior approval; will return all personal data back at the end of the
contract.
United
Kingdom was diligent enough to constitute an act which is directly in line with
the GDPR. The reason behind this was to have an express legislation relating to
data security and protection. India is still to have the same in its legal
regime as many bill were introduced but never transformed into an act, the Data
(Protection and Privacy) Bill 2017 which was mostly in compliance with GDPR
provisions was also left hanging. India requires a legal framework that meets
both legal and public standards as prevalent in the jurisdictions from which
data is shipped to India. In practical terms the biggest hurdle is for India to
legally adjudicate and publicly view its domestic data protection law system as
adequate. Not having adequate legislations regarding data protection will
hinder the potential growth of the companies working in the respective
industry. India sees itself as the location where such companies will be able
to develop themselves. Thus, by creating a good data protection law India could
extend far beyond being a mere service provider to multinational corporations
around the world. In effect, it wants to set up India as a corporation.
On the 8th August 2009, the President of India inaugurated the Armed Forces Tribunal.The Armed Forces Tribunal Act 2007 was passed by Parliament read more
On the 8th August 2009, the President of India inaugurated the Armed Forces Tribunal.
The
Armed Forces Tribunal Act 2007 was passed by Parliament and led to the
formation of AFT with the authority of the Armed Forces Tribunal to adjudicate
or prosecute disputes and allegations relating to promotions, appointments,
certificates and conditions of service relating to individuals subject to the
Armed Forces Act 1950, the Navy Act 1957 and the Air Force Act 1950.
AFT
has Local Benches in Chandigarh, Lucknow, Kolkatta, Guwahati, Chennai, Kochi,
Mumbai, Jaipur in addition to the Chief Bench in New Delhi.

Allahabad, India

Kolkata, India

Allahabad, India

Moradabad, India

Mohali, India

Navi Mumbai, India

Glendale, United States

Muzaffarpur, India
DAYS
HOURS
MINUTES
SECONDS
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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.
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S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
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If Documents/ Advice is not sent to Client, SoOLEGAL will refund any amount paid to such Client’s account without interest within 60 days.
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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.
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S-6 Transactions Proceeds & Refunds.
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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.
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"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
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"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.
YOU HAVE AGREED TO THIS TRANSACTION TERMS BY CLICKING THE AGREE BUTTON