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FREQUENTLY ASKED QUESTIONS ON “MAINTENANCE”UNDERSECTION 125 OF THE CODE OF CRIMINAL PROCEDUREIntroductionSection 125 of the Code of Criminal Procedure, 1973[1] (herein after known as “CrPC”) deals with read more
FREQUENTLY ASKED
QUESTIONS ON “MAINTENANCE”
UNDER
SECTION 125 OF THE CODE
OF CRIMINAL PROCEDURE
Introduction
Section
125 of the Code of Criminal Procedure, 1973[1]
(herein after known as “CrPC”) deals with the maintenance of wives, children,
and parents. It provides for the payment of a monthly allowance by a husband,
father or son to their wife, children, or parents who are unable to maintain
themselves financially.
The
section places a legal obligation on the husband, father, or son to provide
maintenance to their wife, children, or parents who are unable to maintain
themselves. The obligation arises when these persons do not have adequate means
of income to support themselves, and the person liable to provide maintenance
has sufficient means.
The
application for maintenance can be made by the wife, children, or parents who
are unable to maintain themselves. The application can be made to the District
Court or the Magistrate's Court in the place where the wife, children, or
parents reside or where the husband last resided with his wife.
The
court can order the person liable to pay maintenance to provide a monthly
allowance to the dependent wife, children, or parents. The amount of
maintenance will depend on various factors such as the financial status of the
person liable to pay maintenance, the needs of the dependent person, and the
standard of living that the dependent person was accustomed to.
FAQ’s:
Maintenance
Laws to Wife
1.
What
is Section 125 of the Code of Criminal Procedure?
Section 125 of the Code of Criminal
Procedure provides for the maintenance of wives, children, and parents who are
unable to maintain themselves financially.
2.
What is the
importance of Section 125 of the Code of Criminal Procedure?
Section
125 of the Code of Criminal Procedure is a social justice tool enacted to protect women and
children from a life of potential vagrancy and destitution.
3. Is Section 125 of the
Code of Criminal Procedure “civil or criminal in nature”?
Proceedings
under Section 125 of the Code of Criminal Procedure are civil in nature.
4. Who can apply for
maintenance under Section 125 of the Code of Criminal Procedure?
The
following persons can claim maintenance:
a) Wife
of a person who is unable to maintain herself.
b) The
legitimate or Illegitimate Minor Child of the person who is unable to maintain
itself.
c) The
Legitimate or illegitimate child of a person who has attained majority but due
to the reason of any physical or mental abnormality or injury is unable to
maintain itself.
d) The
Father or Mother of the person who are unable to maintain themselves.[2]
5. Who is liable to pay
maintenance under Section 125 of the Code of Criminal Procedure?
The
husband, father, or son is liable to pay maintenance to their wife, children,
or parents who are unable to maintain themselves financially.
6. Can divorced wife claim
maintenance under Section 125 of the Code of Criminal Procedure?
Yes, a divorced wife can claim maintenance under Section 125 of the Code of Criminal Procedure if she is unable to maintain herself and has no sufficient means of income.
7. Can working wife claim maintenance?
Yes, a divorced wife can claim maintenance under Section 125 of the Code of Criminal Procedure.
8. Can a foreign citizen’s wife (of Indian origin) claim maintenance under Section 125 of the Code of Criminal Procedure?
Yes, a foreign citizen’s wife (of Indian origin) can claim maintenance under Section 125 of the Code of Criminal Procedure.
9. Can educated wife claim maintenance under Section 125 of the Code of Criminal Procedure?
Yes, an educated wife can claim maintenance under Section 125 of the Code of Criminal Procedure.
10. What is interim
maintenance and what is its purpose?
Interim
maintenance is a form of interim relief that should be paid during proceedings
or until the final order and is meant to provide financial support to a wife
until a final financial resolution is reached. The purpose of this provision of
interim maintenance, which is found in Proviso (2) to Section 125(1), is to
protect the claimant from unnecessary financial hardship until the final
disposition of the proceedings.[3]
11. How long the
application for “interim maintenance” should
be disposed of?
The
third proviso of section 125(1) states that whenever an application for interim
maintenance or expenses for the proceeding is made, the same shall be disposed
of within 60 days from the date of the service of the notice of the application
to such person.[4]
12. What is the procedure
for filing an application for maintenance under Section 125 of the Code of
Criminal Procedure?
The
application for maintenance can be made to the District Court or the
Magistrate's Court in the place where the wife, children, or parents reside.[5]
13. How will the
jurisdiction of the appropriate court to take cognizance be decided?
The
following courts have jurisdiction over the complaint:
a) Within
whose jurisdiction the husband is or resides.
b) Where
the wife resides where they last resided together
14. What factors are
considered while determining the amount of maintenance?
The
court considers various factors while determining the amount of maintenance,
including the financial status of the person liable to pay maintenance, the
needs of the dependent person, and the standard of living that the dependent
person was accustomed to.
Financial
commitments such as EMIs should be considered when determining maintenance
amount.[6]
15. What happens if the
person liable to pay maintenance does not comply with the court order?
The
following steps can be taken by Court if the person does not comply with the
Court’s order:
a) A
warrant for attachment can be issued in order to levy the amount.
b) A
magistrate can imprison the husband (or father) for the entire or a portion of
each month's allowance or the interim maintenance and expenses of the
proceeding.[7]
16. Can a woman who is not
married to a man or is in a live in relationship claim maintenance?
Yes,
where a man and a woman have been living together for a long time without a
valid marriage, personal law creates an interpretation of a valid marriage,
entitling such woman to maintenance.[8]
The court, taking into account the provisions of the Protection of Women from
Domestic Violence Act, 2005, as well as changes in social attitudes and values,
held that a broad interpretation of the wife should be given, including women
and men who have been living together for a long time, strict proof of marriage
should not be preconditioned for maintenance under section 125 Cr.P.C so as to
fulfill the true spirit of the benefits of this section.
No Maintenance to Wife/ Reduce
Maintenance
17. When will the wife be
denied maintenance and interim maintenance?
In
the following cases, women will not be entitled to maintenance or interim
maintenance, and if a maintenance order has already been issued by the
magistrate, it may be revoked:
a) If
she has sufficient means to maintain herself
b) When
the women is living in Adultery
c) When
the women without any sufficient reason refuse to live with her husband
d) When
the woman is living separately by mutual consent
18. Can a husband refuse to
pay maintenance if his wife is living in adultery?
Yes, if the husband can prove that his
wife is living in adultery, he can refuse to pay maintenance.[9]
19. Can a wife be denied
maintenance if she refuses to live with her husband without any reasonable
cause?
Yes, if the wife refuses to live with
her husband without any reasonable cause, she can be denied maintenance under
Section 125 of the Code of Criminal Procedure.[10]
20. What happens if the
husband is unable to pay maintenance?
If the husband is unable to pay maintenance
due to his financial condition, the court can reduce the amount of maintenance
or exempt him from paying maintenance.[11]
21. Can wife claim maintenance
from her husband's relatives under Section 125 of the Code of Criminal
Procedure?
No, a wife cannot claim maintenance from
her husband's relatives under Section 125 of the Code of Criminal Procedure.
Only the husband is liable to pay maintenance under this section.
Related issues to Maintenance
22. Can the magistrate
think about her income and other means when deciding on wife maintenance?
Yes,
it is competent to consider the separate income and means of the wife when
deciding maintenance. If she has sufficient means to support herself, the court
will consider this and determine the maintenance amount based on the parties'
status.[12]
23. When can the magistrate
pass ex-parte order?
When
the magistrate is satisfied that every effort has been made to secure the
attendance of the person proceeded against and that he is willfully avoiding
service or willfully failing to attend the court.[13]
24. Can the magistrate make
due changes in the ordered maintenance after sometime?
Yes,
under Section 127 of the Code of Criminal Procedure[14],
the magistrate has the authority to change the amount of maintenance ordered
due to a change in the circumstances of the person receiving the maintenance or
paying the amount.
25. Should section 125
maintenance be payable from the date of order or from the date of application?
Ideally,
it should be from the date of the order, unless the order specifically states
that the maintenance amount is to be paid from the date of the application. If
there is nothing specific in the order, it can be assumed that it should be
from the date of the order.[15]
26. What should be awarded
to the wife as maintenance?
So, there is no set rule for calculating
maintenance; it varies from case to case and fact to fact, but ideally, 1/3 of
the husband's income may be awarded as maintenance.
27. Is it necessary to file
income affidavit?
Yes,
it gives a clear picture to the court about your income and liabilities.
28. Where to appeal in
maintenance case?
Family
Court Appeals are in High Court
We have tried to address as many questions as possible; however, if you have any further questions, please contact us at +91 9810929455 or via email at info@soolegal.com.
Starting a business can be an exciting and fulfilling experience, but it can also be a daunting one. Many legal considerations must be considered when starting a business, from choosing the proper legal read more
Starting a business can be an exciting and
fulfilling experience, but it can also be a daunting one. Many legal
considerations must be considered when starting a business, from choosing the
proper legal structure to protecting your intellectual property. While
navigating these legal complexities on your own may be tempting, consulting
with a lawyer before starting your business is highly recommended. Here is why
you should consult a lawyer when starting a business.
No matter how well-prepared you are to run
your business, there may come a time when you need legal representation.
Whether negotiating contracts or defending yourself from a lawsuit, having a
lawyer on your side can be invaluable. The right lawyer can be a powerful ally
in any business dispute. An experienced attorney will
be familiar with the nuances of the law, and they can provide sound advice on
handling legal disputes. They can also represent you in court if necessary.
Different businesses have different
requirements for complying with state and federal laws. A lawyer can help you
understand the legal obligations of your business, such as obtaining licenses
and permits, filing taxes, and protecting intellectual property.
Your business will be more successful if you
stay on the right side of the law. An experienced attorney like Cohen Schneider
Law Group can help guide you through the legal complexities of
starting and running a business. This way, you can avoid legal issues, fines,
and other penalties that may arise due to non-compliance.
There are numerous risks associated with
starting a business, and it is crucial to be aware of them. A lawyer can help
you identify potential issues that could arise while running your business. By
understanding these risks, you can take steps to minimize or avoid them
altogether.
For example, a lawyer can help you structure a
good employment agreement to protect your company from litigation if you plan
on hiring employees. A lawyer can also provide valuable advice on structuring contracts with customers and vendors so you
don't get caught up in legal disputes.
Dealing with the legal aspects of starting a
business can take time and effort. By consulting with a business lawyer, you
will know that all your bases are covered. Your attorney can guide you on all legal matters related to your
business, so you don't have to worry about missing any crucial details. Having
a lawyer on your team can help you focus on running your business rather than
worrying about potential legal issues.
When starting a business, you need more than
just legal advice; you also need sound business advice. An experienced lawyer
can provide insights into the various aspects of running a successful company,
such as tax strategies and setting up employee benefit plans. The right lawyer can
help you understand the nuances of managing your business and avoid costly
mistakes in the long run.
The lawyer's vast experience advising clients
on various business matters will benefit you. By understanding your business
needs and goals, the lawyer can provide valuable advice to help you make better
decisions for your company.
Consulting with a lawyer when starting a business is essential to ensure everything is handled correctly and legally. An experienced attorney can provide valuable advice and protect you from potential risks. With the right legal advice, you can rest assured that your business will be successful.
In a recent judgment titled State Bank of India & ors vs Rajesh Aggarwal, the Supreme Court of India has upheld the principles of natural justice and the rule of law. The case involved the classification read more
In a recent judgment titled State Bank of India & ors vs Rajesh Aggarwal, the Supreme Court of India has upheld the principles of natural justice and the rule of law. The case involved the classification of a borrower's account as fraudulent under the Master Directions on Frauds by the banks, which led to a credit freeze for the borrower, preventing them from accessing institutional finance for their business.
The borrowers argued that the classification of their account as fraud without being given an opportunity of being heard violated the principles of natural justice. On the other hand, the RBI and lender banks argued that the principles of natural justice could not be applied at the stage of reporting a criminal offence to investigating agencies.
The Supreme Court held that the principles of natural justice are not mere legal formalities but constitute substantive obligations that need to be followed by decision-making and adjudicating authorities. The principles of natural justice act as a guarantee against arbitrary action by judicial, quasi-judicial, and administrative authorities. The court further held that the rule of audi alteram partem applies to administrative actions, apart from judicial and quasi-judicial functions. It is also mandatory to provide for an opportunity of being heard when an administrative action results in civil consequences to a person or entity.
The court relied on previous judgments in the State of Orissa vs Dr (Miss) Binapani Dei and Maneka Gandhi vs Union of India, which held that any person prejudicially affected by a decision of the authority entailing civil consequences must be given an opportunity of being heard.
The Supreme Court further held that the classification of a borrower's account as fraud under the Master Directions on Frauds entails civil consequences to the borrower, leading to a credit freeze that could be fatal to the borrower and jeopardize their future business prospects. Therefore, the principles of natural justice necessitate giving an opportunity of hearing before debarring the borrower from accessing institutional finance under Clause 8.12.1 of the Master Directions on Frauds. The action of classifying an account as fraud not only affects the business and goodwill of the borrower but also their right to reputation.
The apex court has clarified that no opportunity of being heard is required before an FIR is lodged and registered. However, it also highlighted that the classification of an account as fraud has serious penal and civil consequences against the borrowers, which demand the principles of natural justice to be followed.
The court emphasized that debarring the borrowers from accessing institutional finance under Clause 8.12.1 of the Master Directions on Frauds results in serious civil consequences for the borrower. Such a debarment is akin to blacklisting the borrowers for being untrustworthy and unworthy of credit by banks. Hence, an opportunity of hearing ought to be provided before a person is blacklisted.
The court also observed that the application of audi alteram partem cannot be excluded under the Master Directions on Frauds. It is reasonably practicable for the lender banks to provide an opportunity of hearing to the borrowers before classifying their account as fraud. Therefore, the principles of natural justice demand that the borrowers must be served a notice, given an opportunity to explain the conclusions of the forensic audit report, and be allowed to represent by the banks/JLF before their account is classified as fraud.
Moreover, the court held that the decision classifying the borrower’s account as fraudulent must be made by a reasoned order. Since the Master Directions on Frauds do not expressly provide an opportunity of hearing to the borrowers before classifying their account as fraud, audi alteram partem has to be read into the provisions of the directions to save them from arbitrariness.
This judgment is a significant development in the protection of the rights of borrowers. The court has recognized the serious civil consequences of classifying a borrower’s account as fraud and has held that the principles of natural justice must be followed before such classification. The decision emphasizes the importance of providing a fair and reasonable opportunity of being heard to the borrowers before they are blacklisted from accessing institutional finance.
IntroductionDomestic violence is a crime that is committed by a member of the victim's family like Family members, relatives, and so forth. Different strategies are used in the twenty-first century to read more
Introduction
Domestic
violence is a crime that is committed by a member of the victim's family like
Family members, relatives, and so forth. Different strategies are used in the
twenty-first century to address the social problem of domestic violence. In
addition, the media, legislators, and awareness organizations have helped
people acknowledge domestic violence as a social ill.
In India,
Domestic Violence is governed by the Protection of Women from Domestic Violence
Act, 2005 (“the Act”). Section
3 of the Act defines domestic violence as any act, omission or
commission or conduct of the respondent (who could be the husband or an adult male
partner, or any family member), which harms or injures or endangers the health,
safety, life, limb or well-being, whether mental or physical, of the aggrieved
person.
Domestic
violence can take many different forms, including physical abuse, sexual abuse,
psychological and emotional abuse, financial abuse, and even stalking. It can
also include the deprivation of the basic necessities of life such as food,
clothing, shelter, medical facilities, etc. Furthermore, the act also clarifies
that any act or conduct that amounts to domestic violence in any other law for
the time being in force shall also be considered as domestic violence under the
Act.
FAQ’s
1. Who is the aggrieved person under the
Domestic Violence Act, 2005?
The term
"aggrieved person" under the Protection of Women from Domestic
Violence Act, 2005 refers to any woman who alleges that she has been subjected
to domestic violence by a person with whom she has/had a domestic relationship.
A woman who
is or has been in a domestic relationship with the respondent and who alleges
to have been the victim of domestic violence by the respondent is referred to
as an aggrieved person under S.2(a) of the Act.
2. Who is the Respondent under the Act?
A respondent
under the act is defined under Section-2(q) and it refers to any adult male
person who is, or has been, in a domestic relationship with the aggrieved
person and against whom the aggrieved person has sought any relief under the
Act.
*In Hiral
P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165, it was
noted by the Hon’ble Supreme Court that the remedies available under the Protection
of Women from Domestic Violence Act, 2005 are also available against a
female and a non-adult member of the domestic relationship.
3. Is Marriage a necessary mandate to seek
remedy under Domestic Violence Act, 2005?
No, Marriage
is not an essential ingredient to seek remedy under the Domestic Violence Act,
2005 as per the proviso of Section 2(q) which says a female living in a
relationship in the nature of marriage may also file a complaint against the
male partner or his relative.
4. What are the remedies available under the Domestic
Violence Act, 2005?
The
following are the remedies available to an aggrieved person under the Act:
a. Protection orders: An
aggrieved person can seek a protection order from the court, which prohibits
the accused person from committing any act of domestic violence.
b. Residence orders: The court
may also pass a residence order, which entitles the aggrieved person to reside
in the shared household, regardless of whether she has any title or rights in
the household. The court can also direct the accused person to provide
alternative accommodation to such aggrieved person.
c. Monetary reliefs: The victim
of domestic violence may seek financial compensation for losses incurred as a
result of the abuse, such as medical costs, lost earnings, property damage, etc.
d. Custody Orders: The
aggrieved person may apply for custody of the children under the Act if
she bears children with the respondent.
e. Interim Orders:
Before the case is finally disposed, the court may issue interim
orders to safeguard the victim.
5. Who can file a complaint under the Domestic
Violence Act, 2005?
Under this
Act, an aggrieved person or a protection officer or any other person on behalf
of the aggrieved person can file an application to the Magistrate Court.
6. Where is the complaint filed under Domestic
Violence Act, 2005?
The
complaint is made under Section-12 of the Act to the Magistrate Court of the
concerned area seeking the appropriate reliefs as mentioned in the Act.
7. What are the circumstances under which an
aggrieved person can file a complaint under Domestic Violence Act, 2005?
If the
aggrieved person is suffering from physical abuse, sexual abuse, verbal and/or
emotional abuse or economic abuse from the offender, the aggrieved can approach
the magistrate court under Section-12 of Domestic Violence Act, 2005.
8. Is there any difference between Section-498A
of IPC and provisions of Domestic Violence Act, 2005?
Yes, there
are certain differences between both the provisions. Differences are laid out
in the below-mentioned table:
Section 498A
of Indian Penal Code |
Domestic
Violence Act, 2005 |
Specifically deals with the aspect of
Cruelty towards a married lady and her relatives. |
This Act covers a broad range of abuse than
can be inflicted within a domestic environment/relationship. |
Offence under this provision has to be
committed by either the husband or his relatives |
Offence under this provision can be
committed by any adult male member in a domestic relationship. |
The nature of proceedings is criminal. |
The nature of proceedings is
Quasi-criminal. |
Only a married woman can file a case under
this section |
Any aggrieved individual in a domestic
relationship can file the complaint under the Act. (As per Hiral P. Harsora v.
Kusum Narottamdas Harsora, (Supra)) |
The Domestic
Violence Act, 2005 is a more comprehensive law that offers a wider range of
remedies and applies to a broader category of domestic relationships, while
Section 498A IPC is a specific criminal offence that deals with cruelty against
married women by their husbands and relatives.
9. Who is a protection officer under the Domestic Violence Act, 2005?
The State
Government appoints protection officers to assist magistrates in carrying out
their statutory obligations in accordance with the Act. Depending on the size
and need, the number of protection officers may vary from district to district.
The Act confirms the authority and responsibilities that the Protection
Officers must exercise. The Protection Officers must, to the greatest extent
practicable, be female and must have the training and experience required by
the Act.
10. In how much time does an application under
Section-12 shall be disposed off?
In
accordance with Section-12(5), every magistrate shall endeavor to dispose the
application made under Clause (1) within a period of 60 days which are to be
calculated from the date of first hearing.
11. Are
proceedings under this Act conducted on camera?
Not all
proceedings are required to be conducted on camera. Under Section 16 if the
magistrate thinks it fit to do so, he/she shall and either party also desires
the same, then the proceedings may be conducted in that manner.
12. What happens if the opposite party does not
appear?
In case the
opposite party does appear and the magistrate is of the opinion that Domestic
Violence has taken place, then the magistrate under Section-23 can pass
ex-parte orders i.e. passing orders by hearing only one party.
13. Can you appeal the decision of the Magistrate
under this Act?
Yes, under
Section-29, an appeal can be preferred to the court of sessions against the
order of the magistrate, within 30 days from the day on which the order is
served on the aggrieved person or the respondent.
We have tried to address as many questions as possible;
however, if you have any further questions, please contact us at +91 9810929455 or via email at info@soolegal.com.
A Search and Status Report comprises of two core elements, precisely the word 'search' which involves thorough inspection of documents as available of the entity and 'status' which comprises of reporting read more
A Search and Status Report comprises of two
core elements, precisely the word 'search' which involves thorough inspection
of documents as available of the entity and 'status' which comprises of
reporting of the procured information as made available during the search
process. A Search and Status report enables the prospect stakeholders to
ascertain the compliance status of the organization but also, in making vigilant
decision making. The search report
generally contains the following information about a company-
· Incorporation details
· Capital structure
· Registered office
· Charges
· Details of the Directors and
shareholders
· Compliance status of the various applicable
law, rules etc.
· Ancillary as may be needed for
the purpose.
In today's era of diverse market sentiments and unforeseen
circumstances, Banks and Financial Institutions are more emphasizing on
demanding Search and Status report of the Companies be it for opening of Bank
Accounts, granting the Loan and ancillary. The said report just not merely
ensures security to them but also, enables them in mapping the compliance
bridge of the company ascertaining the gap between its absolute or inadequate
adherences to the applicable law, rules, regulations, guild lines, act and etc.
Not just Banks and Financial Institutions, it also acts a guide to ascertain
the status of the company by the stakeholders as it provides the complete
history of the company since incorporation, making them watchful while taking
financial decisions such as making investment in the company.
Search and Status Report in context to the Companies Act, 2013 is
prepared by Professionals such as Company Secretaries, Chartered Accountants,
Cost Accountants and Advocates unearthing the contemporary position of the
company post thorough analysis of the registers, records, books and papers as
may be made available by the client or via public inspection upon the MCA
portal precisely:
·
Incorporation documents
·
Certificates
·
Charge documents
·
Annual returns and balance sheet
·
Change in Directors and
·
Other e-forms.
However, such reports prepared are purpose driven. While drafting the
report, the professional must keep in mind the core essence of the same and keep
it brief marking all the imperative finding. They may issue the report to the
Bank stating all the key findings about the company as ascertained post
meticulously vouching and inspecting the documents either in their own format
or as per the clients requirements as there is no specific format for the
report.
Hence, search report is an imperative document for Banks, Financial
Institutions, and stakeholders in order to have the insights of the company and
gathering the complete information about the loans prevailing along with the
repayment status, Capital structure and status of the company.
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The Goods and Services Tax (GST) is a comprehensive indirect tax levied on the manufacture, sale, and consumption of goods and services across India. The GST was implemented in July 2017 that has brought read more
The
Goods and Services Tax (GST) is a comprehensive indirect tax levied on the
manufacture, sale, and consumption of goods and services across India. The GST
was implemented in July 2017 that has brought about significant changes in the
country's taxation system. However, in certain situations, the cancellation of
GST registration becomes necessary. This article will cover the legal process
for the cancellation of GST and the reasons for the same.
Reasons for the Cancellation of GST
Registration
There
are several reasons for the cancellation of GST registration. They are as
follows:
1. Voluntary
Cancellation: A taxpayer can opt for voluntary cancellation of GST registration
if the registered entity is not operating its business anymore or if the
business has been closed permanently.
2. Non-Filing
of Returns: If a registered entity has not filed its GST returns for a
continuous period of six months, the GST registration can be canceled by the
authorities.
3. Composition
Scheme Violation: If a registered entity has violated the conditions of the
composition scheme, the GST registration can be canceled.
4. Business
Transfers: In case of a transfer of the business to another entity, the
registered entity's GST registration can be canceled.
5. Illegal
Activities: If a registered entity is involved in any illegal activities, the
authorities can cancel the GST registration.
Legal Process for Cancellation of GST
Registration
The
legal process for the cancellation of GST registration involves the following
steps:
1. Apply
for Cancellation: The registered entity must apply for the cancellation of its
GST registration in Form GST REG-16.
2. Verification:
The GST authorities will verify the application and may ask for additional
documents, if required.
3. Order
of Cancellation: After verifying the application, the GST authorities will pass
an order of cancellation of GST registration in Form GST REG-19.
4. Surrender
Certificate: Once the order of cancellation is passed, the registered entity
must surrender its GST registration certificate.
5. Final
Return Filing: The registered entity must file the final GST return within
three months of the cancellation order.
Impact of Cancellation of GST Registration
The
cancellation of GST registration has several implications, such as:
1. Ineligibility
to Collect GST: The registered entity cannot collect GST from its customers
once the registration is canceled.
2. Loss of
Input Tax Credit: The registered entity cannot claim input tax credit on any
goods or services purchased after the cancellation of GST registration.
3. Liability
for Tax Payment: The registered entity will be liable to pay any outstanding
tax liability or penalties, even after the cancellation of GST registration.
Problems
faced while surrendering the GST
Surrendering
GST registration can be a cumbersome process for businesses, as assessee may
face several challenges while doing so. Here are some of the common problems
faced during the surrendering of GST registration:
1. Delay
in Processing: One of the significant problems businesses face while
surrendering GST registration is the delay in the processing of the application
by the GST authorities. This can lead to a prolonged period of uncertainty and
prevent businesses from winding up their operations.
2. Non-Receipt
of Acknowledgment: Sometimes, businesses may not receive the acknowledgment of
their GST registration surrender application. This can lead to a delay in the
surrender process and create confusion about the status of their GST
registration.
3. Complicated
Process: The process of surrendering GST registration can be complicated and
confusing for businesses. This is especially true for small and medium-sized
enterprises that may not have the resources to navigate the legal and procedural
complexities of the GST system.
4. Recovery
of GST: In some cases, businesses may be required to pay back the GST input tax
credit claimed earlier in the financial year when they surrender their GST
registration. This can create a financial burden on businesses and impact their
cash flow.
5. Liability
for Tax Payment: Even after the cancellation of GST registration, businesses
may be liable to pay any outstanding tax liability or penalties that were
incurred before the cancellation. This can create a significant financial
burden for businesses that are already struggling to wind up their operations.
Conclusion
Surrendering GST registration can be a complex and challenging process for businesses, and they may face several problems while doing so. Delay in processing, non-receipt of acknowledgment, complicated process, recovery of GST, and liability for tax payment are some of the common issues that businesses may encounter while surrendering their GST registration. It is crucial for businesses to understand the legal and procedural requirements of the GST system and seek professional help to ensure a smooth and hassle-free surrender of their GST registration.
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I was a lawyer for 20 years in India and a Judge for another 20 years ( including being the Chief Justice of 3 High Courts and a Judge in the Indian Supreme Court ), but I can't make head or tail of what read more
POSH stands for the Prevention of Sexual Harassment Act, which is a law enacted by the Indian government in 2013 to address the issue of sexual harassment in the workplace. The act applies to all workplaces read more
POSH
stands for the Prevention of Sexual Harassment Act, which is a law enacted by
the Indian government in 2013 to address the issue of sexual harassment in the
workplace. The act applies to all workplaces in India, including government,
private, and non-governmental organizations.
Under
the act, every employer is required to establish an internal complaints
committee (ICC) to investigate complaints of sexual harassment in the
workplace. The act also defines sexual harassment broadly to include any
unwelcome sexual advances, requests for sexual favors, or other verbal or
physical conduct of a sexual nature.
The
act also provides protection to victims of sexual harassment and prohibits
retaliation against employees who report incidents of sexual harassment.
Employers who fail to comply with the provisions of the act can face penalties,
including fines and imprisonment.
The
POSH Act is an important step towards ensuring a safe and harassment-free workplace
for women in India.
FREQUENTLY
ASKED QUESTIONS
1. For a complaint of sexual harassment, does the
conduct need to be repetitive?
No,
even a single incident of sexual harassment can be reported. According to the
law, a complaint does not need to be repeated or prolonged.
2. Does the offence of sexual harassment need to be
targeted towards an individual?
No,
a sexual harassment complaint can arise from a hostile work environment in
which the aggrieved individual was not the specific target of sexual harassment.
3. Can a complaint of sexual harassment be a
same-sex harassment complaint?
Yes. The Act's objective is to shield women
from sexual harassment in the workplace. The respondent can be either male or
female.
4. Would a dinner with colleagues and/or office
offsite/retreat be treated as workplace?
Yes. The definition of the workplace would include
any place visited by the aggrieved woman in connection with work, including any
transportation provided by the employer, such as office cabs.
5.If
the interactions which gave rise to the complaint of sexual harassment occur
over personal social media accounts of the parties such as Facebook or
WhatsApp, then would that constitute sexual harassment at the workplace?
The answer to this question is
primarily found in the context and circumstances of the interaction. For
example, sexual harassment at work may be considered if the interaction
occurred between colleagues on a forum where they regularly discuss work, or on
a department/team group chat, or if the parties interacted with each other on
such social media platform in their capacity as colleagues and workplace
friends.
6.
Is an Internal Committee required to investigate complaints of sexual
harassment which stem from a consensual relationship?
Yes.
Even if the complaint stems from a consensual relationship, the Internal
Committee cannot ignore it. Each complaint should be investigated on its own
merits, rather than based on preconceived biases or notions.
7.
Will employer be liable to conduct inquiry by its Internal Committee if
aggrieved woman complains that she was sexually harassed in an accommodation
provided by employer?
Yes.
If an aggrieved woman is harassed by a co-worker in an employer-provided
accommodation, the Internal Committee of the employer can handle the complaint
because the employer-provided accommodation is considered an extension of the
workplace and such sexual harassment is most likely the result of an
association at the workplace.
Intellectual Property: Registration and Effects This blog will help you understand the process of registration of your IP, and the effects of its non-registration. If you are here because you are read more
Intellectual
Property: Registration and Effects
This blog will help you understand the process of registration of your
IP, and the effects of its non-registration. If you are here because you are
aggrieved by the infringement of your IP, scroll downto know your rights, and
understand the steps to be taken in case of such infringement.
First things first, you need to know the nature of your IP to get it
registered. After determining which category they fall into, you can follow the
steps provided below to get your IP registered with the relevant authorities.
Trademarks Registration
As per Section 2(1)(m) of the Trademarks Act, 1999, a mark includes “a device,
brand, heading, label, ticket, name, signature, word, letter, numeral, shape of
goods, packaging, or combination of colors or any combination thereof”. So if
any of your IP falls under any of the above-mentioned categories, you can get
it registered as a trademark with the Trademark Registry India. A trademark is
valid for 10 years from the date of the Certificate of Registration. However,
it is renewable upon application.
Steps to get it registered:
1.
Public
Search:Conduct a public search
of your trademark to check if it is already registered by some other
company/brand. If the trademark is registered, you cannot get a similar mark
registered for yourself. Consider trying other alternatives that suit your
requirement.
2.
Filing: After confirming the uniqueness of your mark, you
can proceed to file your trademark with the Registry. There are five regional
officeslocated in Ahmedabad, Chennai, Delhi, Kolkata, and Mumbai. However, the
application canbe filed online as well. The application shall require you to
give details about the mark, your product/service, and its type. The documents
that you will require for such filing shall include your identity proof, PAN
card, Aadhar card, Passport, applicable logos files, or Certificate of
Incorporation if you are registering on behalf of a company. After completion
of the filing, you will receive an acknowledgment receipt of the same.
3.
Verification:The verification of your application, and
documents can take anywhere between 3-18 months. This verification is conducted
by an Examiner that conducts the process of inspection of these documents.This
verification is aimed at verifying your credentials, the genuineness of your
application, the uniqueness of your mark, and the originality of your
documents.
4.
Grant: There are three possible results of the
inspection process. First, your application gets accepted. Second,
your application is conditionally accepted. Third, it is rejected. If
your application is accepted, then it gets published in the Trademark Journal
of the Registry. You will then receive a certificate of registration from the
Registrar. If your application is conditionally accepted, then you will be
required to address the objections of the Examiner and only upon the
satisfaction of these conditions laid forth by the Examiner, your application
will be accepted. If your application is rejected, then you may request a
hearing wherein you can represent your case and defend your application.
Effect of Non-Registration and Infringement
As per Section 27 of the Trademarks Act, no infringement can be claimed
in case a mark is not registered. Thisimplies that no proceedings can arise in
a case where no trademark is registered in the first place. Damages can only be
claimed against infringement of a registered trademark. If your trademark is
registered, and you find out that someone has been using that mark, or a
deceptively similar mark, then you can institute proceedings of infringement against
the person for such use before a competent court.
Copyright Registration
A copyright can be granted over various materials such as artistic
works, literary works, musical works, etc. Copyright ensures that a creator’s
interests are protected and they have control over the production,
reproduction, or adaptation of their work. However, copyright cannot be granted
over an idea; rather, it is granted over its expression in some tangible form.
The author, or the original owner, or the authorised agent of either of the two
can apply for the registration of the copyright.
Steps to get it registered:
1.
Filing: If you wish to register your work, you will
be required to file your application by filling out an application form. This
can be done either by visiting a copyright office or through the official
website. In the application, you shall be required to submit the details of
your work along with documents such as address proof, copies of the original
work, the language of the work, date of publication, disclosure of interest,
etc. The type of documents required shall be subject to the kind of work that
you are seeking a copyright for. For cinematographic, musical, artistic, etc.,
other documents relevant to the nature of the work may also be required to be
submitted.
2.
Verification: After the application is submitted, the
contents of the same, along with the documents submitted shall be examined and
verified. This process takes a minimum of one month.
3.
Grant: Upon examination and verification, if no
objections are raised, the certificate f registration shall be issued by the
Registrar upon its satisfaction. If objections are raised by any party, then a
hearing shall be called upon, based on which it is decided if a registration
certificate shall be granted or not.
Effect of Non-Registration
Primarily, an infringement suit can only be bought upon if the copyright
is registered. This is due to Section 48 of the Copyrights Act, which states
that the Register of Copyrights acts as prima facie evidence of the particulars
entered therein. In case you have a registered copyright, and it is being
infringed upon, you can resort to the remedies under Chapter XII of the
Copyrights Act. It provides for civil remedies of injunction and damages, protection
of separate rights, and the author’s special rights. One can file a suit and
initiate proceedings under the district court having jurisdiction over the
matter.
Patent Registration
A patent, as defined under the Patents Act, 1970 means “a patent for
any invention granted under this Act.” An invention means “a new product
or process involving an inventive step and capable of industrial application”.
To apply for a patent, you need to be either the inventor, the assignee, or the
legal representative of the inventor.
Steps to get it registered:
1.
Ensuring
Uniqueness and Novelty: The
first step in the registration of a patent is to ensure that the product/step
is new, unique, and qualifies to be an invention. Moreover, it should not fall
under the categories specified under Section 3 of the Patents Act. You can
ensure the same by conducting a patentability search.
2.
Filing: The patent application is required to be
filed with the Patent office. The application must contain the title, preamble,
loopholes in the prior art, solutions, and summary of the inventions and their
particulars, claims, and examples. A provisional as well as a full application
is required to be submitted. The patent application needs to be submitted in
several forms which contain details of the inventor, specifications of the
invention, technical information, declaration of inventorship, statement,
undertaking, and other compliance documents.
3.
Application
Publication: Upon the filing
of the application, the Indian Patent Office, after 18 months (earlier, if
requested), publishes the application in the patent journal.
4.
Verification: In this step, the application is examined and
documents are verified. If there is any objection by the examiner, the
applicant must respond to those objections within 6 months from the issuance of
the report of the objections by the examiner. An additional period of 3 months
may be allotted for submitting the responses to such objections.
5.
Grant: If all compliances are met and objections are
resolved, the patent office grants the patent registration to the applicant.
6.
Publication: Upon the grant of patent registration, it is
published in the patent gazette by the Indian Patent Office.
Effects of
Non-registration
There can be no claim against any party for any infringement if an
invention is not registered as a patent with the Indian Patent Office. In case
you have a patent registered, and you find that someone is infringing upon the
same, you can initiate proceedings under the District Court having jurisdiction
against the said infringement.
Conclusion
The best way to protect your intellectual property is to get it
registered with the relevant authorities. It is wise as one cannot make a claim
of infringement over an IP that is not registered. Moreover, due to the
digitalization and e-filing facilities, one can file an application for
registration of IP online on official websites by themselves or through their
authorized representatives.
Disclaimer
This blog is written and published for informational and awareness
purposes only. If you are a victim of IP infringement or want to get specific
advice about the registration of your IP, connect with a lawyer or legal expert
to address your concerns. This blog must not be treated as legal advice in any
scenario.
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Clearance to get a Passport and Visa during the pendency of Criminal CasesThe fundamental rights guaranteed by the Indian Constitution in Part III are a cornerstone of Indian democracy and, thus, play read more
Clearance to get a Passport and Visa during the pendency of Criminal Cases
The fundamental rights guaranteed by
the Indian Constitution in Part III are a cornerstone of Indian democracy and,
thus, play a significant role in protecting the individual rights of citizens.
The right to hold a passport is one of those essential rights that areguaranteed
to citizens of India under Article 21 of the Indian Constitution. A passport is
an official government document that enables an individual to travel
internationally and serves as proof of identity and citizenship. A visa, on the
other hand, is a document issued by a government that allows an individual to
enter, stay, or leave the country for a specific purpose, such as tourism,
work, study, or immigration. Hence, both documents equally serve as needful
documents to individuals who wish to travel overseas for various reasons such
as education, employment, business, medical treatment, and tourism. The right
to hold a passport, like all other fundamental rights, is not an absolute right
and is subject to reasonable restrictions imposed by the government in the
interest of national security, public order, morality, and prevention of crime. This article attempts to
draw an understanding of the right to hold a passport and further elaborates on
the court procedure to be followed for obtaining passport and visa clearance in
the scenarios of pendency of criminal cases.
The right to hold a passport has seen primary development
through the landmark judgement of Maneka Gandhi v Union of India(AIR 1978 SC
597). The Hon’ble Supreme Court indulged in a liberal interpretation of
Article 21 and observed that the right to hold a passport is a fundamental
right under Article 21.
The Maneka Gandhi case, had
far-reaching implications for the interpretation of Article 21 of the Indian
Constitution. Article 21 guarantees the right to life and personal liberty,
including the right to travel freely within the nation and abroad.
Maneka Gandhi, a journalist, and
activist had her passport confiscated by the Indian government without any
prior notice or explanation. She challenged this action in court, arguing that
her right to personal liberty was being infringed. The Supreme Court, in its
judgment, held that the right to personal liberty under Article 21 also
includes the right to travel abroad. The court held that the government could
not impound a passport without allowing the individual to be heard and
explaining the reasons for such action. In addition to the facts of this
ruling, the court also emphasized the importance of the rule of law and due
process, stating that any action that deprives an individual of his/her rights
must be taken per the law and subject to judicial review. The case was
significant because it extended the scope of Article 21 and recognized that the
right to personal liberty includes rights such as the right to travel abroad, privacy,
and a fair trial, by duly focusing on the vitality of due process and
procedural fairness in the exercise of state power and laws. This case case marked a crucial milestone in
the development of Indian constitutional law. Additionally, it was also relied
upon in the case of PoulamiBasu vs The
Government of India (2022 SCC OnLine Kar 1606), wherein a single Bench of
Karnataka HC held that the right to travel abroad is a fundamental right
guaranteed under Article 21 of the Constitution of India.
The Relation of the Pendency of Criminal Cases with Obtaining
Passport/Visa Clearance and Renewal
The government has the power to deny
or revoke a passport on reasonable grounds, such as in cases where an
individual is involved in criminal activities. However, a mere pendency of a
criminal case or a proceeding cannot be considered the only reason to deny the
request to obtain or renew a passport/visa application. In such cases, the
concerned court having jurisdiction may
exercise the discretion to grant permission by scrutinizing and analyzing all
other correlated matters in deciding on the litigation of the applicant in the
broad spectrum of areas of justice and law. In a recent order, the Bombay HC
directed the passport authorities not to reject a man's passport renewal
application merely because of the pendency of criminal proceedings against him,
observing that mere pendency of proceedings is not sufficient to deny him the
right to renew his passport. The court further observedin light of the facts of
the case, that merely because the offense under Sections 406, 420, 120(b) read
with 34 of IPC is pending against the applicant, the said fact by itself is not
sufficient to deny the right of the applicant for renewal of the passport.It directed
the authorities to analyzethe eligibility of the applicant as required under
the provisions of the Passport Act, 1967, and pass orders in accordance with
its provisions, adhering to the note that, The court said that the rights of
persons applying for a passport renewal are regulated by the Passport Act. If
you are perplexed by a similar situation, here we have covered court procedures
to follow in getting passport/visa clearance during the pendency of criminal
cases.
Court Procedure forObtaining Passport/Visa Clearance during
the Pendency of Criminal Cases
1.
Collect relevant documents of proof
against your charge sheet.
The accused can apply for a passport
however, firstly, he/she must make sure he has all the relevant documents of
proof and reasons for the same as they will be required to clear the charge
sheet. For instance, the PCC, i.e., Police Clearance Certificate, also called “proof of your good conduct”is
essential.
However, depending on the criminal
charges recorded against the person, you may also need other documents.
2.
Make an application before the
concerned Hon’ble court.
Once you have compiled and verified
all the essential proof documents with the concerned authorities, you will have
to apply before the court where the matter is pending with appropriate prayers.
The said application should contain the details of your pending case attached
with all the relevant documents thereof and the itinerary containing the details
of the trip. The court may consider different valid reasons or parameters for
granting permission from case to case.
3.
Apply to the passport office.
Lastly, you can apply to the
passport office seeking renewal or application of your passport/visa,
fulfilling all other required protocols as directed by them to proceed further.
Court Precedents
1. Prasanth vs Union Of India on 11
January 2022
In this case, the High Court of
Kerala made it clear that a person is entitled to a Police Clearance
Certificate, only if there is no adverse information that would render him/her
ineligible for a grant of travel facilities. There should be no second thoughts
or dispute to the fact that the pendency of a criminal case, though not a
reason which would render a person ineligible for travel abroad, is still a
piece of adverse information. The law obligates that if a criminal case is
pending, a passport can be obtained only with the court's permission.
Conclusion
The abovementioned legal procedures
are subjective in nature. Therefore, the steps explained above are not a
substitute of any legal advice or opinion; however, they intend to create legal
awareness. You must consider taking advice from a professional lawyer for your
specific case, as the severity of the criminal charges may differ and can
attract diverse provisions of the law. The lawyer can help you professionally
in the clearance of charges or getting a passport or visa.
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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.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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