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Transformation of Indo-US RelationsIn this video, Lalit Mansingh points to the historical path of Indo US relations from the Cold War to the recent proclamation of Comprehensive Strategic Global Partnership. read more
In India, you have the right to represent yourself in your own case without a lawyer. This is known as appearing "pro se" or "in person" in legal proceedings. Also Section-32 of the Advocates, 1961 gives read more
In
India, you have the right to represent yourself in your own case without a
lawyer. This is known as appearing "pro se" or "in person"
in legal proceedings. Also Section-32 of the Advocates, 1961 gives court the
power to permit appearances in cases where appearing parties are not advocates.
While you have the right to self-representation, it's important to keep in mind
the following considerations:
To
represent yourself effectively in India, consider the following steps:
While representing yourself in India is an option, it's important to be aware of the challenges and to seek assistance as needed. Engaging with a lawyer or taking advantage of legal aid services can help you navigate the legal system more effectively.
Connect with an expert lawyer for your legal issue
We have tried to cover the above-captioned topic to the best
extent. However, if you still have any questions please connect with us at
+98109 29455 or mail us at info@soolegal.com
Introduction Section 2(34) of the Companies Act, 2013 explicitly defines a director as an individual appointed to the Board of a Company. A director, in this context, is an agent, a trustee, and the primary read more
Introduction
Section 2(34) of the
Companies Act, 2013 explicitly defines a director as an individual appointed to
the Board of a Company. A director, in this context, is an agent, a trustee,
and the primary organ of the corporation. This individual is entrusted with the
crucial responsibility of directing and overseeing the company's operations,
and they are typically professional individuals hired for this purpose. The
essence of this definition underscores the legal gravity of the position, as
directors are integral to the company's existence and success.
Casual Vacancy
In corporate
governance, a casual vacancy emerges when the office of a director becomes
vacant before the culmination of their term. Such vacancies may arise from
various circumstances, including:
1. Resignation by the
director.
2. Disqualification of
the director.
3. Death of the
director.
4. Insolvency of the
director.
The Companies Act, 2013
and the Articles of Association of the Company collectively dictate the process
of filling a casual vacancy. This article primarily explores the process
following the death of a director, both in public and private companies, as it
pertains to legal formalities.
Death of a Director in
a Public Company
In the event of a
casual vacancy created by the death of a director in a public company, the
legal recourse is enshrined in Section 161(4) of the Companies Act, 2013. This
section mandates that the casual vacancy must be filled by the Board of
Directors, who must convene a meeting for this specific purpose. The
appointment procedure is, however, subject to the provisions set forth in the
Articles of Association of the company.
The director appointed
to fill the casual vacancy is expected to serve only until the date that the
deceased director would have held office had it not been vacated. This
provision ensures continuity and stability in the management of public
companies, despite the unfortunate loss of a director.
Death of a Director in
a Private Company
For private companies,
the legal framework for filling a casual vacancy created by the death of a
director is delineated in Section 152(2) of the Companies Act, 2013. This
section stipulates that, unless expressly provided otherwise in the Act, every
director of a private company must be appointed through a general meeting.
Consequently, casual vacancies in private companies can only be filled through
appointments made during general meetings, not by the directors themselves.
A private company, as
prescribed by the Act, should always maintain a minimum of two directors,
ensuring that the company's management remains robust and functional. This
legal requirement helps safeguard the company's interests and is crucial in the
event of unforeseen events like the death of a director.
The Process of Adding a
Director - An In-depth Examination
A. Overview
The appointment of
directors in a company is an intricate process governed by the Companies Act,
2013. This legal framework ensures that the appointment is in compliance with
the law, thus upholding the principles of corporate governance. Key components
of this process include the need for individuals to possess a Digital Signature
Certificate (DSC) and Director Identification Number (DIN) before they can be
appointed as directors. Furthermore, it is vital to note that the appointment
of directors in a private company necessitates the presence of a minimum of two
directors and a maximum of fifteen directors at any given time.
B. Reasons for
Adding or Changing Directors
Directors play an
indispensable role in the company's growth and stability. There are various
reasons why a company may consider adding or changing directors, including:
1. Infusion of New
Talent: As a company expands and faces new challenges, it may need to add
individuals with fresh perspectives and skills to its board of directors.
2. Preventing Dilution
of Ownership: Adding directors can help distribute operational responsibilities
without relinquishing strategic control, thereby protecting ownership
interests.
3. Addressing
Inefficiency: In cases where existing directors are unable to fulfill their
roles due to personal issues, such as family problems, health concerns, or
retirement, appointing new directors may become imperative.
4. Meeting Statutory
Requirements: Companies must adhere to statutory minimum director requirements
set by the Companies Act, 2013. Failure to meet these requirements may
necessitate immediate director appointments.
C. The Process
of Adding a Director
1. Checking the
Articles of Association (AOA): The first step in adding a director is to review
the company's Articles of Association. The AOA should contain provisions for
appointing or adding directors. If no such provision exists, the AOA must be
amended to include this provision, ensuring compliance with the legal
framework.
2. Convening a General
Meeting: The company must appoint a director by passing a resolution in a
general meeting. This meeting may be an Annual General Meeting (AGM) or an
Extraordinary General Meeting (EGM) if the need for appointment arises during
the year. To hold an EGM for this purpose, the company must first convene a
board meeting to pass a resolution authorizing the EGM. The resolution for
appointing a new director must be filed in Form MGT-14 with the Registrar of
Companies (ROC) within 30 days of passing the resolution.
3. Application for DIN:
Once a resolution for director appointment has been passed in a general
meeting, the proposed director must apply for a Digital Signature Certificate
(DSC) and a Director Identification Number (DIN) if they do not already possess
these. The DIN application process involves providing the DIN and a declaration
of non-disqualification under the Companies Act, 2013.
4. Consent from the
Proposed Director: After obtaining the DIN, the proposed director is required
to give their consent to act as a director, using Form DIR-2. A director cannot
be officially appointed until this consent is provided.
5. Filing with the ROC:
Following the appointment of the director, the company must file Form DIR-2 and
DIR-12 (Particulars of appointment of the director) with the ROC within 30 days
of the appointment. This filing is a crucial legal requirement to ensure the
director's appointment is formally documented.
6. Additional
Disclosures for Listed Public Companies: Listed public companies must comply
with the SEBI (LODR) Regulations, 2015. They are obliged to disclose the
proceedings of the general meeting regarding director appointments to the Stock
Exchange within 24 hours of the meeting's conclusion. Additionally, a post
about the appointment should be displayed on the company website within two
working days.
Documents Required for
Director Appointments
The process of adding a
director involves a series of essential documents to ensure compliance with the
law:
1. PAN card of the
director: A valid Permanent Account Number (PAN) card is required to establish
the director's identity.
2. Identification
proof: This can include documents like a Voter ID, driving license, Aadhaar
card, or other legally recognized identification documents.
3. Proof of residence:
Documents such as utility bills, rental agreements, or other valid proofs of
residence are necessary.
4. Passport size
photograph: A recent
Connect with an expert lawyer for your legal issue
In conclusion,
understanding and adhering to the legal procedures outlined in the Companies
Act, 2013, is crucial for the seamless appointment of directors in the event of
a casual vacancy due to the death of a director. For more information, please
contact us at +91 9810929455 or via
email at info@soolegal.com.
The Indian Supreme Court by its verdict delivered on 17.10.2023 in Supriyo vs Union of India has rejected the petitions claiming recognition of same sex marriageshttps://main.sci.gov.in/supremecourt/2022/36593/36593_2022_1_1501_47792_Judgement_17-Oct-2023.pdfhttps://thewire.in/law/sc-judges-show-empathy-with-queer-concerns-but-fail-to-give-relief-citing-complexities-aheadIn read more
Dont fall for attractive advertisements where Builder offers to pay installments of home loan prior to the handing over of possession of allotted flats.Allottees of flats often get attacted to offers read more
Dont fall for attractive advertisements where Builder offers to pay installments of home loan prior to the handing over of possession of allotted flats.
Allottees of flats often get attacted to offers wherein the Builder offers to pay loan installments prior to handing over possession from banks or financial institution. This culminates in a Tripartite Agreement between the Allottee, Bank and the Builder. When the Builders wash their hands off, the default in installments lands none other than the Allottee in the defaulter's list of CIBIL. The banks/financial institutions now haul the Allottees to pay the EMIs before the possession of flats are handed over for the defaults committed by the Builder.
Unfair Trade Practices by Banks/Financial Institutions
Banks or the financial institutions do not bother to undertake the requisite monitoring, scrutiny or investigations as to the Project, the viability, capability and capacity of the Builder in developing the project before sanctioning loan. Bear in mind that such clauses requiring the bank to do so often exist in the Tripartite Agreement or the MOU that is entered into with banks. One of my clients who had booked a flat under a project namely "ACTIVE ACRES" discovered through a RTI that the construction of the project had been halted years ago owing to non procurement of the requisite environmental clearances. The financial institution (India Bulls Housing Finance Ltd.) kept sqeezing the EMI out of him for a non existent project. Both Indiabulls and the Developer (Ruchi Realty Holdings Ltd.) kept quiet and he is not going to get the flat, but he has put up a fight for refund. In "My Liberty Home" project, the bank disbursed loan without taking any securities to the Builder who offered to pay installments on behalf of the the Allottee even when the land underlying the project was mortgaged with Rajasthan Finance Corporation. Such lapses on the part of banks/financial institutions are violation of banking norms and 'unfair trade practice'.
Mandate of the RBI and the National Housing Bank
As per the Master Circular of the RBI on Housing Loans dated 01.07.2015, it is mandated that in housing loan schemes that the bank introduces in association with builders the disbursal of sanctioned loans must be linked to the stages of construction and that upfront disbursal should not not be made in respect of projects that are incomplete/under construction or greenfield housing projects. However banks may make such disbursals in cases of projects sponsored by government/statutory authorities even when payments sought from the homebuyers are not linked to stages of construction. However, these authorities must not have any history of non completion of projects. Its further emphasized banks while introducing any kind of product should take into account the customer suitability and appropriateness issues and also ensure that the borrowers/customers are made fully aware of the risks and liabilities under such products. A similar Policy Circular was issued by National Housing Bank vide Policy Circular dated 19.07.2019.
It may be stated with profit that Banks/financial institutions cannot demand EMIs before the possession of flats are handed over as per the dictum of the National Consumer Disputes Redressal Commission. The same shall amount to 'Unfair Trade Practice' as well as 'Deficiency in Service'
The issue of women's rights within the context of marriage has been a subject of concern and debate for generations. One specific aspect that often goes unnoticed is the right of a woman to choose her read more
The
issue of women's rights within the context of marriage has been a subject of
concern and debate for generations. One specific aspect that often goes
unnoticed is the right of a woman to choose her residence and living
arrangements within the marriage. In numerous cases, women find themselves
living in residences not of their choice due to the dominance of their
husbands. This practice restricts them within the marital union and can have
profound implications for their well-being. In this blog, we will delve into
the legal rights of women when they are forced to live in a residence that is
not of their choice, shedding light on the importance of asserting these
rights.
In
numerous instances, it is a common occurrence that the husband exercises
dominion over the wife's choice of domicile, determining whether she will
cohabit with him, live independently during his temporary or extended overseas
work-related absences, or take up residence with the extended family. This is a
common scenario not only in India but globally too, where the husband decides
where the couple will reside, often without considering the wife's preferences
or needs. Should she seek to articulate her reservations, she is frequently
subjected to pejorative characterization and frequently met with disparaging
responses.
“She also is characterised to be cruel, and at times blamed to
separate him from his parents.”
Legal
Rights of Women
·
Right to
Equality: One of the fundamental
principles enshrined in many legal systems is the right to equality. Women have
the same rights as men in terms of determining their place of residence within
a marriage. Any differentiation based on gender that restricts this right is a
violation of the principle of equality.
·
Right to
Domicile: In many jurisdictions,
married women have a legal right to reside in the marital home. Even if the
husband is the sole owner of the property, the law often recognizes the wife's
right to live there unless there is a legitimate legal reason to exclude her.
·
Protection
from Psychological Abuse: Forcing
a woman to live in a residence that is not of her choice, and subjecting her to
disparaging responses when she expresses her concerns, can constitute
psychological abuse. Laws in many countries protect individuals from such
abuse, and women have the right to seek legal recourse against this.
·
Right to
Marital Property: In cases where
the property in question is considered marital property, women have a legal
interest in it. The disposition of this property is often subject to the
agreement of both spouses, ensuring that women have a say in where they reside.
·
Right to
Maintenance and Support: In some
jurisdictions, husbands have a legal obligation to provide for their wives.
This includes maintaining a suitable residence. If the wife's preferences are
disregarded, it can be seen as a breach of this obligation.
·
Family Law
and Divorce Proceedings: In the
unfortunate event of a divorce, the court will often take into account the
living arrangements and any hardships faced by the wife due to being forced to
live in a residence not of her choice. These considerations can influence
decisions regarding property distribution and alimony.
Challenges
and Cultural Factors
While
legal rights exist to protect the autonomy and well-being of women in their
choice of residence, cultural and societal norms can sometimes create
challenges. Women may fear retaliation or social stigma if they challenge these
norms, making it crucial for legal systems to provide support and protection.
Summary
The right of women to choose their residence within a marriage is an essential aspect of their autonomy and well-being. It is a fundamental principle that is recognized by many legal systems worldwide. Women should be aware of their rights and be encouraged to assert them when necessary. Furthermore, it is the responsibility of governments and societies to create an environment where these rights are respected and protected, free from discrimination and prejudice. By doing so, we can work towards a more equitable and just society where women are empowered to make choices that affect their lives, including where they call home.
Feel
free to write to us at mail@lawyersonia.com or call +91 9845944896 if you wish
to consult or discuss your matter. “Sonia and Partners” is a Boutique law firm led by Adv. Sonia Rajesh
supported by a team of qualified and among the Best Lawyers in Bangalore appearing
for clients at both District Courts and High Court practicing in the area of
Family Law and Criminal defense serving Citizens of India, Overseas Indians,
NRIs and Global International Clients.
What is Copyright? Copyright law constitutes a fundamental branch of intellectual property rights designed to safeguard the integrity of original creative works. This legal framework applies to various read more
What
is Copyright?
Copyright
law constitutes a fundamental branch of intellectual property rights designed
to safeguard the integrity of original creative works. This legal framework
applies to various forms of creative expression, such as literary, artistic,
musical, or dramatic works, sound recordings, and cinematographic films. The
primary aim is to prohibit unauthorized usage or reproduction of such works.
Copyright
law serves as a means of nurturing creativity and innovation by granting
creators exclusive control over their works, effectively deterring others from
copying or utilizing their creations without explicit consent. This exclusivity
is temporally limited and harmonizes the interests of creators with those of
society as a whole.
However,
it is imperative to recognize the interplay between copyright protection and
the public's interests. For instance, the concept of fair use allows for the
limited utilization of copyrighted material without permission, typically for
purposes of education or criticism. This mechanism seeks to balance the rights
of creators with the broader needs of society.
Exclusions
from Copyright Protection
Copyright
law safeguard the original expression of ideas but does not extend to the ideas
themselves. Consequently, copyright can be applied to specific creative works,
such as books and songs, but not to the underlying concepts or ideas.
In
practical terms, one cannot assert exclusive rights over the concept of a love
story, but can certainly copyright a particular written embodiment of that
concept, such as a novel or screenplay. Similarly, the idea behind a recipe is
not copyrightable; however, one can exercise ownership rights over the specific
written instructions for preparing a dish.
It
is essential to underscore that copyright law exclusively pertains to original
creative works that have been concretely documented in a fixed form. Ideas that
remain unexpressed and confined to abstract realms, such as those originating
from brainstorming sessions or conversational exchanges, are exempt from legal
protection.
Rights
Conferred by Copyright
Copyright
law endows creators with a bundle of exclusive rights, comprising the authority
to:
1.
Reproduce the work.
2.
Generate derivative works based on the original.
3.
Distribute copies of the work to the public.
4.
Publicly perform or display the work.
For
instance, if an author pens a book, they retain copyright over that literary
work and wield all the exclusive rights enumerated above. Nevertheless, anyone
desiring to employ the book in these specified ways must first secure
permission from the author to avoid infringing upon their copyright privileges.
Copyright
Infringement
Civil
Remedies for Copyright Infringement in India
Copyright
infringement is a serious violation of intellectual property rights, and the
Copyright Act of 1957 offers civil remedies to safeguard these rights.
Interlocutory
Injunctions
An
interlocutory injunction is a potent legal tool that provides immediate relief to
the copyright owner who is suffering ongoing harm due to the infringement. It
allows the copyright owner to halt the infringing activity while legal
proceedings are ongoing, providing them with an opportunity to pursue other
remedies, including seeking monetary damages.
Prerequisites
for Interlocutory Injunctions
To
secure an interlocutory injunction in a copyright infringement case, the
plaintiff must typically satisfy three key requirements:
1.
Prima facie case: The plaintiff must demonstrate a strong likelihood of success
in the case. This entails providing evidence of ownership of a valid copyright
and potential infringement by the defendant.
2.
Balance of convenience: The court evaluates the potential harm to both parties
and decides whether granting the injunction favors the plaintiff or is more
detrimental to the defendant. Factors considered include the impact on business
operations, potential damage to reputation, and financial consequences.
3.
Irreparable harm: The plaintiff must establish that they would suffer
irreparable harm if the injunction is not granted. This implies that monetary
damages alone cannot adequately compensate for the harm. In copyright
infringement cases, such harm might include damage to the creator's reputation,
market share, or artistic integrity.
Anton
Piller Order
The
Anton Piller order, named after a notable legal case, empowers a copyright
owner in a copyright infringement case to obtain a court order authorizing
entry into the defendant's premises to inspect and gather evidence to support
their claim. To obtain this order, the plaintiff must demonstrate a valid cause
of action and establish that they have suffered damages. Specific evidence
supporting their case against the defendant must also be presented.
It
is crucial to note that an Anton Piller order is not equivalent to a search
warrant and does not grant unrestricted access to the defendant's premises.
Rather, it allows for a limited inspection and preservation of evidence.
Typically, this order is used in conjunction with injunctions to prevent the
defendant from moving assets outside the court's jurisdiction.
Mareva
Injunction
The
Mareva injunction is a legal tool employed by courts when there is suspicion
that a defendant is attempting to obstruct the execution of a court order. In
such cases, the court can direct the defendant to place their assets, or a
portion of them, under the court's control to ensure compliance with the
court's order. This mechanism is governed by Order XXXVIII, Rule 5 of the Civil
Procedure Code (CPC), 1908.
Pecuniary
Damages
Under
the Copyright Act of 1957, copyright owners have three options for seeking
compensation when their work has been used without authorization:
1.
Account of profits: The copyright owner may seek an amount equivalent to the
earnings the infringing party obtained from using their work.
2.
Compensatory damages: The copyright owner can request monetary compensation to
redress the harm caused by the infringement.
3.
Conversion damages: The copyright proprietor can claim the value of the work
that was used without authorization.
Norwich
Pharmacal Order
A
Norwich Pharmacal Order is a legal instrument that enables a person or
organization to obtain information from someone who possesses it, even if that
person is unwilling to share it. This is typically employed when the person
with the information has engaged in wrongful activities, such as copyright
infringement, and the information is essential to substantiate the case.
Criminal
Remedies
The
Copyright Act of 1957 provides several criminal remedies for copyright
infringement in India, including:
1.
Imprisonment for a minimum of 6 months up to a maximum of 3 years.
2.
A fine ranging from no less than 50,000 to a maximum of 2,00,000.
3.
Search and seizure of infringing goods.
4.
The copyright owner's right to demand the delivery of these goods.
The
court can provide these remedies to the owner of a copyrighted work upon
establishing that their work has been copied or used without permission. These
remedies may encompass injunctions to halt infringing activities, compensation
for damages incurred, and the delivery or destruction of infringing copies of
the work.
However,
in cases involving architectural copyright infringement, owners of
architectural designs may find their legal remedies limited under copyright
law.
Administrative
Remedies for Copyright Infringement in India
Administrative
remedies for copyright owners are applicable in cases of infringement through
importation. In such instances, copyright owners can approach the Registrar of
Copyrights and submit a petition to prohibit the importation of infringing
copies into India, preventing the sale of these infringing goods within the
country.
Furthermore,
if infringing copies have already been imported, copyright owners can request
the confiscated copies for their possession, thereby effectively preventing the
sale of infringing copies within India and safeguarding their intellectual
property rights.
Fair
Dealing
The
fair dealing defense is a crucial aspect of copyright law. It permits specific
uses of literary works that might otherwise constitute copyright infringement.
The aim of this defense is to prevent hindrance to creativity, which copyright
law is intended to foster.
Section 52 of the Copyright Act in India outlines the concept of fair dealing as a defense against claims of copyright infringement. However, the Act does not offer a precise definition of fair dealing, and Indian courts often rely on English authorities for guidance.
Conclusion
India's
Copyright Act of 1957 provides a robust framework for protecting intellectual
property rights, offering a range of civil, criminal, and administrative
remedies for copyright infringement. From interlocutory injunctions to criminal
penalties, copyright owners have an array of tools to safeguard their creative
works. The Anton Piller orders and Mareva injunctions, reflects a commitment to
addressing infringement effectively. Additionally, the recognition of fair
dealing emphasizes the delicate balance between creators' rights and the
broader societal need for creative expression. Overall, the legal landscape in
India encourages creativity while ensuring stringent measures against
unauthorized use of copyrighted works.
Introduction Maternity leave is a critical component of labor policies in any country. It allows women to take a break from work following the birth of a child while retaining their jobs and receiving read more
Introduction
Maternity leave is a critical component of labor
policies in any country. It allows women to take a break from work following
the birth of a child while retaining their jobs and receiving paid leave. In
India, maternity leave has undergone significant changes over the years, with
the Maternity Benefit Act of 2017 expanding the period to 26 weeks. This
article delves into the details of maternity leave in India, exploring the
laws, benefits, and challenges associated with it.
Maternity Leave in India
Maternity leave in India is a paid leave of absence
from work designed to support female employees in taking care of their newborn
children while preserving their employment status. The Maternity Benefit Act of
2017 introduced a significant shift in this regard by extending the maternity
leave period from 12 weeks to 26 weeks. This act applies to both organized and
unorganized sectors, encompassing enterprises and factories with ten or more
employees.
Under this act, working women who are pregnant or
nursing are entitled to fully paid leave during which they can care for
themselves and their child. However, there are specific criteria that female
employees must meet to validate their maternity leave claims.
Laws Relating to Maternity Leave
1. Indian Constitution: The directive principles of
state policy in the Indian Constitution state that "the State shall make
provision for securing just and humane conditions of work and for maternity
relief."
2. Maternity Benefit Act of 1961: This act allows
diligent working women to take maternity leave for up to three months, during
which they are entitled to receive payment equal to the rate of their average
daily wage for the period of their actual absence.
3. Employees' State Insurance Act, 1948 (ESIA) and the
Central Civil Services Rules, 1972: These acts provide social insurance and
protection for workers in the organized sector, including maternity benefits in
cases of miscarriage or pregnancy-related emergencies.
4. International Convention: In 2004, the
International Labour Organization (ILO) adopted a resolution promoting equal
opportunities for women and recommended 14 weeks of maternity leave. India, as
an ILO member, recognized the need to improve its maternity leave policies and
enacted an amendment in 2017, known as the Maternity Amendment Bill 2017.
Other Alternative Laws Providing Maternity Benefits
In addition to the Maternity Benefits Act of 1961,
there are various statutes that address maternity benefits and the well-being
of female workers in India. These laws may not exclusively focus on maternity
rights but still offer insights into women's rights during and after pregnancy.
Some of these laws include:
1. Employer State Insurance Act 1948: This act
contains provisions to safeguard the health of female workers and provides
periodical payments in case of miscarriage, sickness, or other
pregnancy-related issues.
2. The Maternity Benefit Mines and Circus Rules, 1963:
These rules prescribe procedures and compliance requirements for employers in
establishments such as mines and circuses when dealing with the maternity
health of their employees.
3. Central Civil Service Rules of 1972: This law is
applicable to government servants and provides maternity leave of 135 days for
female government servants. It also includes provisions for maternity leave in
case of a miscarriage.
4. Mines Act 1952: This act offers maternity leave for
women involved in the management, supervision, or control of mines. It allows
for 12 weeks of maternity leave.
5. The Factory Act 1948: Under this act, women working
in factories are entitled to 12 weeks of maternity leave. It also encourages
employers to create a family-friendly environment for women workers.
6. The Maternity Leave Incentive Scheme, 2018: This
scheme aims to provide incentives to employers who offer maternity benefits,
including 26 weeks of paid leave. It is still in the draft stage, awaiting
consultation and approval.
The Maternity Benefit Bill 2017
The Maternity Benefit Bill of 2017 introduced several
significant changes in the maternity leave policies of India. One of the most
notable changes was the extension of maternity leave from 12 weeks to 26 weeks.
However, it is essential to note that if a woman has more than two children,
she is entitled to only 12 weeks of maternity leave, along with an additional
six weeks of paternity leave, resulting in a total of 18 weeks.
Another important feature of this bill is the provision
for adoption leave, which can be sanctioned for up to 12 weeks from the time a
child's custody is obtained. The bill also allows for 12 weeks of maternity
leave for commissioning mothers, who conceive through surrogacy.
The bill further stipulates that a working woman who
has taken maternity leave must receive at least 80 days' pay within the 12
months before her expected delivery date. The amount payable is calculated
based on the average daily wage of the worker. In addition to the 12-week salary,
the woman is entitled to a bonus of Rs 3,500. If the employer does not provide
medical care, an additional bonus of Rs 1,000 is granted.
For female civil servants, the bill allows for 180
days of maternity leave for their first two children. In the case of a
miscarriage, nursing women are entitled to 26 weeks of leave.
Landmark Judgement
One significant landmark judgment that has shaped the
understanding of maternity benefits in India is the case of Mrs. Bharti Gupta
vs. Rail India Technica W.P(C) No. 4798/2003. In this case, the court held that
maternity benefits were laid down in the Maternity Benefit Act, which is a
social and benevolent law designed to include various establishments within its
purview. The judgment emphasized that even entities like RITES, which are
instruments of the State, must follow the provisions of the Act and do not have
leverage to be exempted from their responsibilities.
Conclusion
In conclusion, maternity leave holds a pivotal role in
labor policies, providing crucial support for women during the post-childbirth
phase while preserving their employment. India has witnessed significant
changes in maternity leave provisions, with the Maternity Benefit Act of 2017
extending the leave period to 26 weeks, encompassing both organized and
unorganized sectors. A multitude of laws, including the Indian Constitution,
the Maternity Benefit Act of 1961, and international conventions, contribute to
shaping maternity leave rights in the country.
Recently numerous Indian journalists raised a big hue and cry when the police investigated the website newsclick for its Chinese connection.https://www.youtube.com/watch?v=axa6ysW1DEI&pp=ygUVbmV3c2NsaWNrIGNvbnRyb3ZlcnN5https://www.youtube.com/watch?v=OFO0VZfKQ-Q&pp=ygUVbmV3c2NsaWNrIGNvbnRyb3ZlcnN5https://www.youtube.com/watch?v=-wTW9cPv6gQ&pp=ygUVbmV3c2NsaWNrIGNvbnRyb3ZlcnN5https://thewire.in/media/cbi-conducts-search-at-residence-of-arrested-newsclick-editor-prabir-purkayasthaIndian read more
Where there is inequality in bargaining power due to disparity in economic strength of parties or where one party can dominate the will of the other and the weaker party has no real alternative but to read more
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In adherence to the rules and regulations of Bar Council of India, this website has been designed only for the purposes of circulation of information and not for the purpose of advertising.
Your use of SoOLEGAL service is completely at your own risk. Readers and Subscribers should seek proper advice from an expert before acting on the information mentioned herein. The content on this website is general information and none of the information contained on the website is in the nature of a legal opinion or otherwise amounts to any legal advice. User is requested to use his or her judgment and exchange of any such information shall be solely at the user’s risk.
SoOLEGAL does not take responsibility for actions of any member registered on the site and is not accountable for any decision taken by the reader on the basis of information/commitment provided by the registered member(s).By clicking on ‘ENTER’, the visitor acknowledges that the information provided in the website (a) does not amount to advertising or solicitation and (b) is meant only for his/her understanding about our activities and who we are.
Resource centre is one stop destination for users who are seeking for latest updates and information related to the law. takes the privilege to bring every single legal resource to your knowledge in a hassle free way. Legal Content in resource centre to help you understand your case, legal requirements. More than 3000 Documents are available for Reading and Download which are listed in below categories:
SoOLEGAL Transaction Services Agreement :
By registering yourself with SoOLEGAL, it is understood and agreed by you that the Terms and Conditions under the Transaction Services Terms shall be binding on you at all times during the period of registration and notwithstanding cessation of your registration with SoOLEGAL certain Terms and Conditions shall survive.
"Your Transaction" means any Transaction of Documents/ Advices(s), advice and/ or solution in the form of any written communication to your Client made by you arising out of any advice/ solution sought from you through the SoOLEGAL Site.
Transacting on SoOLEGAL Service Terms:
The SoOLEGAL Payment System Service ("Transacting on SoOLEGAL") is a Service that allows you to list Documents/ Advices which comprise of advice/ solution in the form of written communication to your Client who seeks your advice/ solution via SoOLEGAL Site and such Documents/ Advices being for Transaction directly via the SoOLEGAL Site. SoOLEGAL Payment Service is operated by Sun Integrated Technologies and Applications . TheSoOLEGAL Payment System Service Terms are part of the Terms & Conditions of SoOLEGAL Services Transaction Terms and Conditionsbut unless specifically provided otherwise, concern and apply only to your participation in Transacting on SoOLEGAL. BY REGISTERING FOR OR USING SoOLEGAL PAYMENT SYSTEM , YOU (ON BEHALF OF YOURSELF OR THE FIRM YOU REPRESENT) AGREE TO BE BOUND BY THE TRANSACTIONS TRANSACTION TERMS AND CONDITIONS.
Unless otherwise defined in this Documents/ Advice or Terms & Conditions which being the guiding Documents/ Advice to this Documents/ Advice, all capitalized terms have the meanings given them in the Transactions Transaction Terms and Conditions.
S-1. Your Documents/ Advice Listings and Orders
S-1.1 Documents/ Advices Information. You will, in accordance with applicable Program Policies, provide in the format we require. Documents/ Advices intended to be sold should be accurate and complete and thereafter posted through the SoOLEGAL Site and promptly update such information as necessary to ensure it at all times that such Documents/ Advices remain accurate and complete. You will also ensure that Your Materials, Your Documents/ Advices (including comments) and your offer and subsequent Transaction of any ancillary Documents/ Advice pertaining to the previous Documents/ Advices on the SoOLEGAL Site comply with all applicable Laws (including all marking and labeling requirements) and do not contain any sexually explicit, defamatory or obscene materials or any unlawful materials. You may not provide any information for, or otherwise seek to list for Transaction on the SoOLEGAL Site, any Excluded Documents/ Advices; or provide any URL Marks for use, or request that any URL Marks be used, on the SoOLEGAL Site. In any event of unlawful Documents/ Advices made available for Transaction by you on SoOLEGAL site, it is understood that liabilities limited or unlimited shall be yours exclusively to which SoOLEGAL officers, administrators, Affiliates among other authorized personnel shall not be held responsible and you shall be liable to appropriate action under applicable laws.
S-1.2 Documents/ Advices Listing; Merchandising; Order Processing. We will list Your Documents/ Advices for Transaction on the SoOLEGAL Site in the applicable Documents/ Advices categories which are supported for third party REGISTERED USERs generally on the SoOLEGAL Site on the applicable Transacting Associated Properties or any other functions, features, advertising, or programs on or in connection with the SoOLEGAL Site). SoOLEGAL reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the SoOLEGAL Site. We may use mechanisms that rate, or allow users to rate, Your Documents/ Advices and/or your performance as a REGISTERED USER on the SoOLEGAL Site and SoOLEGAL may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions. Transactions Proceeds will be paid to you only in accordance with Section S-6.
S-1.3 a. It is mandatory to secure an advance amount from Client where SoOLEGAL Registered Consultant will raise an invoice asking for a 25% advance payment for the work that is committed to be performed for the Client of such SoOLEGAL Registered Consultant. The amount will be refunded to the client if the work is not done and uploaded to SoOLEGAL Repository within the stipulated timeline stated by SoOLEGAL Registered Consultant.
b. SoOLEGAL Consultant will be informed immediately on receipt of advance payment from Client which will be held by SoOLegal and will not be released to either Party and an email requesting the Registered Consultant will be sent to initiate the assignment.
c. The Registered Consultant will be asked on the timeline for completion of the assignment which will be intimated to Client.
d. Once the work is completed by the consultant the document/ advice note will be in SoOLEGAL repository and once Client makes rest of the payment, the full amount will be remitted to the consultant in the next payment cycle and the document access will be given to the client.
e. In the event where the Client fails to make payment of the balance amount within 30 days from the date of upload , the Registered Consultant shall receive the advance amount paid by the Client without any interest in the next time cycle after the lapse of 30 days.
S-1.4 Credit Card Fraud.
We will not bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorised use of a third party's credit card information) occurring in connection with Your Transactions. We may in our sole discretion withhold for investigation, refuse to process, restrict download for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Documents/ Advices if we ask you to do so. You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.
S-2. Transaction and Fulfilment, Refunds and Returns
S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
1. Fulfilment by Registered User/ Consultant - In the event of Client seeking consultation, Registered User/ Consultant has to ensure the quality of the product and as per the requirement of the Client and if its not as per client, it will not be SoOLEGAL’s responsibility and it will be assumed that the Registered User/ Consultant and the Client have had correspondence before assigning the work to the Registered User/ Consultant.
2. Fulfilment by SoOLEGAL - If the Registered User/ Consultant has uploaded the Documents/ Advice in SoOLEGAL Site, SoOLEGAL Authorised personnel does not access such Documents/ Advice and privacy of the Client’s Documents/ Advice and information is confidential and will be encrypted and upon payment by Client, the Documents/ Advice is emailed by SoOLEGAL to them. Client’s information including email id will be furnished to SoOLEGAL by Registered User/ Consultant.
If Documents/ Advice is not sent to Client, SoOLEGAL will refund any amount paid to such Client’s account without interest within 60 days.
3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
4. SoOLEGAL will remit the fees (without any interest) to its Registered User/ Consultant every 15 (fifteen) days. If there is any discrepancy in such payment, it should be reported to Accounts Head of SoOLEGAL (accounts@soolegal.com) with all relevant account statement within fifteen days from receipt of that last cycle payment. Any discrepancy will be addressed in the next fifteen days cycle. If any discrepancy is not reported within 15 days of receipt of payment, such payment shall be deemed accepted and SoOLEGAL shall not entertain any such reports thereafter.
5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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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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