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Super App is a multi tasking multi-platform mobile application using which you can chat, book online cab, order for online food, you can pay on online etc. It is actually a mall in virtual world through read more
Super App is a multi tasking multi-platform mobile application using which you can chat, book online cab, order for online food, you can pay on online etc. It is actually a mall in virtual world through these App. One the very popular Super App in China and other parts of Asia is WeChat (https://www.wechat.com/).
Elon Mask is proposing a super app X, by which the people of the other parts of the world can access many facilities. In India Tata has introduced TataNue (https://www.tata.com/business/tata-digital/tata-neu).
As per experts the concerns over Super App are two fold and they are :
They can create a monopoly and the privacy concern. The huge consumers data can be used to create Artificial Artificial Intelligence which the predict the customer behaviours. Anyway we are awaiting to see the effect of the Super App in the days to come.
In today’s ever-changing world where the age-old conventional technology has been defenestrated every day, data proved to be the most important thing and usually termed as “oil” or “air” of our society. The avalanche of data or should I say Big data are the only business interest for the big entities of our complex society. It is ex-facie clear that our data is the centre of attraction for those entities. Some invincible data brokers qua data-analytics without our knowledge are collecting, packaging and selling our personal private data online and offline. Even the different e-commerce and social site companies are collecting, storing and tracking our data. Our life is converted into data package where we are only products. Our every purchase, every journey, every likes and dislikes, hobbies, thinking and thus every part of our life are digitised, tracked and logged. Today all around we can find a data war where unknown and invisible data brokers are stealing our data and profiling us. This unfair business.
• In the light of the above, we need to have legislation which will protect us from this gross attack on our cherished privacy and security. The corner stone of all the laws in the world is human dignity as we strongly believe the celebrated maxim “Salus populi suprema lex esto” [Let the good (or safety) of the people be the supreme (or highest) law]. But the innate difference between the progress of technology and law is due to the fact technologies are moved on rapid speed while law on the other hand moves slowly. Today with the more use of various algorithm the strain relationship of law and data analytics or Artificial Intelligence are becoming prominent. The intention of the privacy legislation is to put a tap on unauthorized collection, share management and use of one’s personal data.
Defection is known as an act by a legislator (MP or an MLA) which defies the political party’s (The party to which the legislator is a member) ideology or whip issued from time to time. Some recent examples read more
Defection is known as an act by a legislator (MP or an MLA) which defies the political party’s (The party to which the legislator is a member) ideology or whip issued from time to time. Some recent examples include the notices which were sent to Rajasthan Deputy CM Sachin Pilot along with 18 other dissident MLAs. These notices were seeking their disqualification on the ground of defying the party’s whip as they had not attended two legislature meetings.
What does the Law in India say about Defection?
Due to these acts of defying political parties' whips, there was a need of bringing in legislation to curtail the same. Thereafter, the provision pertaining to Anti-Defection was inserted into the Constitution through 52nd Amendment Act in 1985. The tenth schedule (hereinafter referred as “schedule”) of the Constitution of India is also known as the “Anti-Defection Act”.
Disqualification of a Member
Paragraph 2 Sub Para 1 of the schedule talks about what shall constitute Defection. It also specifies the grounds of Disqualification on grounds of Defection. It states that a member of the House shall be disqualified:
⦁ If he has voluntarily given up his membership of such political party.
⦁ If he votes or abstains from voting contrary to any decision/direction of the political party to which he belongs or without obtaining any prior permission from the party or from any person authorized to do so on the party’s behalf.
The word “Disqualification” is defined in Shrimanth Balasaheb Patil v. Karnataka Legislative Assembly, (2020) 2 SCC 595, which states that, “The dictionary meaning of the word “disqualification” is “to officially stop someone from being in a competition or doing something because they are not suitable, or they have done something wrong”. However, under the Tenth Schedule this term occupies a specific meaning wherein, a Member is stopped from continuing to be a Member of a legislative body, if his actions fall in one of the conditions provided under Para 2.”
The burden of proof under Para 2, as held in Ravi S. Naik v. Union of India, 1994 Supp (2) SCC 641, is always on the person who is claiming that a member has incurred the disqualification. In this regard, it has been held that “The burden to prove the requirements of paragraph 2 is on the person who claims that a member has incurred the disqualification and the burden to prove the requirements of paragraph 3 is on the member who claims that there has been a split in his original political party and by virtue of said split the disqualification under paragraph 2 is not attracted”.
Paragraph 2 Sub Para 2, talks about an independent member belonging to a political party elected to the house who has been elected other than a candidate set up by a political party. In the case of D. Sudhakar (2) v. D.N. Jeevaraju, (2012) 2 SCC 708, it was held that, “It is no doubt true that an Independent legislator does not always have to express his intention to join a party in writing, but the mere extension of support to Shri Yeddyurappa and the decision to join his Cabinet, in our view, were not sufficient to conclude that the appellants had decided to join and/or had actually joined the Bharatiya Janata Party, particularly on account of the subsequent conduct in which they were treated differently from the members of the Bharatiya Janata Party. In view of our finding that the appellants had not joined any political party as alleged, the order of disqualification passed by the Speaker was against the constitutional mandate in Para 2(2) of the Tenth Schedule of the Constitution.”
Exceptions to Disqualifications
However, it is pertinent to mention that there are exceptions to the grounds that are mentioned in Para 2 of the Schedule. The exceptions are enshrined under Paragraph 4 of the schedule which states that, the grounds mentioned in Para 2 shall not apply where the person’s political party merges with another political party with certain conditions:
⦁ With the merger, he and other members of the party claim to have become the members of the new party so formed.
⦁ The merger has not been accepted by the individual or any other member who further chose to operate as a separate group.
The merger mentioned under this Para shall only be acceptable so as to not come under the purview of disqualification when not less than 2/3rd’s of the members have agreed to the same.
Exemptions from Disqualification
Also under Paragraph 5, the Speaker/Deputy Speaker of the House of People, or the Deputy Chairman of the Council of States or the Chairman/Deputy Chairman of the Legislative Council or the Speaker/Deputy Speaker of the Legislative Assembly, is exempted from Disqualification under this section if they:
a. Voluntarily give up membership of a political party before the election to their office and continue to remain so till the end of their tenure
b. Giving up the member of the political party immediately before the election to office and re-joins that party after he ceases to hold such office.
Decision making powers pertaining to disqualification
In case a question arises pertaining to disqualification on the grounds of defection of a member of any political party, such decision is referred to the Chairman or the Speaker of such, as the case may be. Paragraph 6 of this schedule says that the decision in this regard shall be final. However, there might arise a situation wherein the question may arise against the Chairman or the Speaker, in that situation the decision making power shall vest with an elected member that the house shall elect specifically on this behalf. The proceedings under this Paragraph shall be considered as Proceedings in Parliament (Article 122) or Proceedings in Legislature of the State (Article 212). Scope of Powers of the Chairman or the Speaker in deciding matters under Para 6 is limited, it is only to be seen as to whether the member in question has to be disqualified or not, nothing more or nothing less. Also, the Disqualification cannot be subject to any conditions. The same has been held in Shrimant Balasaheb Patil v. Karnataka Legislative Assembly (Supra) that “We are unable to agree with the contention of the learned Senior Counsel, Mr Kapil Sibal, that the power of the Speaker to bar a disqualified Member from contesting re-election is inherent to his role and is required to be read into the Constitution to prevent the Speaker from becoming toothless. When the express provisions of the Constitution provide for a specific eventuality, it is not appropriate to read an “inherent” power to confer additional penal consequences. To do so, and accept the contention of the respondents, would be against the express provisions of the Constitution.”
Bar on Jurisdiction of Courts
Paragraph 7 of this specifically but bar on the jurisdiction of the courts of law in respect of any matter concerned with Disqualification under this Schedule. In Kihoto Hollohan v. Zachillhu, 1992 Supp (2) SCC 651, the Hon’ble Supreme Court has held “The ouster of jurisdiction of courts under Paragraph 7 was incidental to and to lend strength to the main purpose which was to curb the evil of defection. It cannot be said that the constituent body would not have enacted the other provisions in the Tenth Schedule if it had known that Paragraph 7 was not valid. Nor can it be said that the rest of the provisions of the Tenth Schedule cannot stand on their own even if Paragraph 7 is found to be unconstitutional. The provisions of Paragraph 7 can, therefore, be held to be severable from the rest of the provisions.”. Therefore, lifting the bar which was put by Para 7 in terms of courts not allowed to entertain any dispute pertaining to disqualification under this Schedule. This decision was taken in the background of Keshavananda Bharati and Others v. The State of Kerala and Another AIR 2007 SC 1305 which has held that judicial review is considered to be a part of the basic structure of the Constitution and it cannot be interfered with. The aspect of Kihoto Hollohan has been re-iterated several times in various legislations such as Jagjit Singh v. State of Haryana, (2006) 11 SCC 1.
Conclusion
Due to internal disagreements with senior leaders' stances or the quest for power, rivalry among party members can develop for a variety of causes. As a result, defections happen. Because a democracy requires a stable government by its very nature, this might destroy the democratic ethos of any country. Regular government crises can breed mistrust among the people and pose a threat to stability and harmony. However, there has to be a fine balance between imposition of penalties on the elected representatives of the house and freedom of speech and expression.
In this case, the Allottees booked a commercial unit in Phase 1 of the project "The Cityscape", being developed by the Promoter, Capital Skyscraper Private Limited. This Unit was booked by the Allottees read more
In this case, the Allottees booked a commercial unit in Phase 1 of the project "The Cityscape", being developed by the Promoter, Capital Skyscraper Private Limited. This Unit was booked by the Allottees through the broker, Golden Bricks Worldwide LLP. Here, it was contended that the Promoter who was under an obligation to deliver the possession of the Unit by June 2017, did not even start the construction by January 2017. Changes in the building plan were contended without showing the revised plan.
Under the facts and circumstances, the Ld. Authority was of the view that the rate of interest charged from the allottees and the promoters in case of default on their parts shall be equal for both, instead of the arbitrary interest charge levied by the Builder. The Authority also granted the delay possession interest to the Allottees from the due date of possession till the actual offer of possession. The Promoter was directed to demand the due payments from the Allottees as per the actual stage of construction and as per the revised rates, after providing a copy of the revised building plans to the Allottees. The Authority also granted leave to the Allottees to file a separate Complaint against the Promoter for initiating the penal proceedings against them. This judgment is an example that the RERA has been fulfilling its objective to protect the interest of the homebuyers by providing speedy and effective remedies to the innocent allottees against the malafide practices of the promoters.
Rights and Duties of Seller and Buyer Most of the property cases are between family members, leading to the diffusion of the joint family into a nuclear one. Therefore, it becomes necessary to have clear read more
Rights and Duties of Seller and Buyer
Most of the property cases are between family
members, leading to the diffusion of the joint family into a nuclear one.
Therefore, it becomes necessary to have clear views regarding the provisions of
the transfer of property in India. The property transferred by way of
succession, legacy or in contemplation of death is subject to respective
personal laws or sections under the Indian Succession Act 1925 apply over them.
Section 54 of the Transfer of Property Act, 1982
define sale as;
The
"Sale" is the transfer of ownership in exchange for the price paid or
promised or partly paid or part promised. ‘
1.
Parties to sale
2.
The subject matter of
sale
3.
Consideration
4.
Mode of execution of the
sale
Parties to sale
There should be a transferor (seller) and transferee
(buyer) for the sale of property, and the transferor should be a person who is
competent to enter into a contract. In the case of BiswanathSahu
vs Tribeni Mohan, the court stated that a
transferor could either be the property owner or should have the authority to
dispose of such property. For example, 'karta' have the authority to dispose of
the property under specific circumstances.Similarly, the
guardianof the minor person can sell the
property only by court's permission.
A transferee should be a person who is competent to
take possession of the property and not legally disqualified (insolvent). A
minor can be the transferee, and therefore transaction of the sale is
valid.
The subject matter of sale
The sale of property given under this act deals only
with the immovable property, and that immovable property can be tangible (which
can be touched and felt) or intangible (right of easement) in nature. Further,
the owner made an express statement to convey his right to transferee for the
property, which can be sufficiently identified.
Consideration
The consideration for having a valid sale is that
there must be money in exchange for ownership, and nothing other than money can
be considered for a valid sale. Time is irrelevant in relation to consideration
which means that money can be paid before, at the time or in subsequent
completion of sale.
Mode of execution of the sale
For the execution of a valid sale deed, there should
be a fulfilment of three essentialrequirements; sale deed by transferor should
be in writing, it should be properly attested andregistered for any immovable
property, but these requirements are not compulsory for theproperty which have
nominal value or value less than rupees 100. In comparison, the propertywhose
value is less than 100 rupees can be done by a simple transfer of property.In
the case ofMeghan Enterprises Private Limited v. Official Liquidator,
thecourt held that the
sale of the property being auctioned by the court
does not require the above three essentials, and the certificate of sale by the
court is enough for that sale only.
Contract
of sale
A contract of sale is only a contract over an
immovable property by executing terms settled by the parties for the sale of the
property. It doesn't create any right of possession and charge over the
property. It is merely a document that further provides the sale of deed.
But the sale of contract gives some rights to the
transferee as, after the contract of sale, the transferor cannot sell the
property to another person, and for the same, he can be sued by the transferee.
The
distinction between a sale and a contract of sale
1. A
transfer of ownership occurs when an immovable property is sold under the TPA.
A contract for the sale of immovable property is nothing more than an agreement
that the property will be sold in the future on terms agreed upon by the
parties.
2. A
TPA sale creates a right in rem. A contract for sale makes a right in personam.
Buyer and seller's rights and responsibilities:
In the absence of a contract to the contrary,the
buyer and seller of immovable property are subject to the responsibilities and
have the rights outlined in the regulations that follow (or those that apply to
the property sold).
The seller is required to:
(a) disclose
to the buyer any material defect in the property or the seller's title thereto
of which the seller is aware, but the buyer is not, and which the buyer could
not discover with ordinary care, and
disclose to the buyer any material defect in the property or the
seller's title thereto of which the seller is aware, but the buyer is not;
(b) must deliver all title papers related to the
property in the seller's custody or control to the buyer upon his request for
scrutiny;
(c) must respond to any relevant inquiries posed by
the buyer about the property or the title to it to the best of his knowledge;
(d) execute a valid conveyance of the property when
the buyer offers it to him for execution at an appropriate time and place upon
payment or tender of the amount payable in respect of the price;
(e) to take as much care of the property and any
title papers pertaining to it that are in his control between the date of the
contract of sale and the delivery of the property as an owner of ordinary
prudence would take of such property and documents;
Conclusion
Transfer of property is a transfer of all the rights
and liabilities of the property to the buyer. But a contract of sale only shows
a willingness to transfer the property,whereasa sale is an actual transfer of
property. Civil law revolves around the concept of property. It is governed by
the Civil Procedure Code and the Transfer of Property Act. Both attorneys and
the general public need to be aware of the specifics of property transactions
and transfers.
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IntroductionRTI is the abbreviation for the "Right to Information." Freedom of speech and expression is a fundamental right guaranteed by Article 19(1) of the Indian Constitution, and it includes the read more
Introduction
RTI
is the abbreviation for the "Right to Information." Freedom of speech
and expression is a fundamental right guaranteed by Article 19(1) of the Indian
Constitution, and it includes the right to information. Through the passage of
the Right to Information Act, 2005, by the Parliament, the Right to Information
has become a statutory right. This Act is frequently referred to as
revolutionary because it grants the common man the right to ask any government
agency for information. This Act also requires prompt responses to citizen
requests for government information.
The following are the
rights granted by the RTI Act:
a) Seek
any information held by a public authority.
b) Obtain
copies of official documents.
c) Examine
government works, documents, and records.
d) Notes,
extracts, or certified copies of government documents or records should be
made.
e) Take
official government work samples.
f) Obtain
information on diskettes, floppies, tapes, video cassettes, or any other
electronic medium, or through printouts of information stored in a computer or
other device.
RTI's Aim
The
aim of making the Right to Information a statutory right is to ensure citizens'
access to information under the control of public authorities. The primary aim
of the Right to Information Act is to empower citizens, promote transparency
and accountability in government operations, combat corruption, and ensure that
our democracy functions properly. An informed citizen is best prepared to keep a
required vigil on the instruments of governance and hold them accountable to
the governed. The Act is an initiative aimed at informing citizens about the
activities of the state and all public authorities under it.
What types of information
can be obtained through RTI?
According
to Section 2(f) of the RTI Act, 2005, "information" refers to
material in any form, including records, documents, memos, e-mails, opinions,
advice, press releases, circulars, orders, logbooks, contracts, reports,
papers, samples, models, data material held in any electronic form, and
information relating to any private body that a public authority can access
under any other law in force at the time.
How to Submit an RTI
Offline?
The
Act proposes a simple and direct method for gathering information. Some public
establishments, however, have their distinct formats; there is no requirement
to adhere to the prescribed setup.
a) Categorize
the constituent part from which applicants want information because some issues
are handled by state governments, others by local authorities such as municipal
administrations/panchayats, and others by the Central government.
b) The
application can be submitted by hand or typed in English, Hindi, or the area's
official language. One can also seek the assistance of a public information
officer to write the application.
c) Address
the application to the State/Central Public Information Officer. Give the name
of the office where applicants want to get information, as well as the
complete, exact address.
d) Mention
the request in the appropriate form and specify the period/year in which the
application falls. The applicant must pay Rs. 2 per page to obtain the
documents.
e) Cash,
demand drafts, money order, or court fee stamp of Rs 10 is required to plead
the request. The application must be stamped. Applicants living below the
poverty line (BPL) are exempt from making any payment if they include a copy of
their BPL certificate with their application.
f) Applicants
must sign the application properly and include their full name, address, phone
number, and email address.
g) Send
the application to the appropriate department via postal mail or deliver it
personally.
h) The
information must be provided within 30 days, according to the law. One may
submit an appeal if this does not take place. The department's name and address
should be mentioned in the first appeal, which should be addressed to "The
Appellate Authority." As soon as the appeal is received, the appellate
authority has 30 days to respond. If the appellate authority is unable to do
so, the Information Commission, the Chief Information Commissioner, and
State/Central Information Commission are the appropriate parties to appeal to.
How to submit an RTI
online?
The
Central Government and a few State Governments each have their websites where
RTI requests can be submitted. The applicant has the choice of submitting the
RTI in one of the States that offers the online facility. However, there are
some problems with the online RTI filing services provided by the State Governments
as some of the websites are not functioning properly. As a result, until the
State governments' websites or portals operate as efficiently as those managed
by the Central Government, an applicant's only choice is to submit an RTI
offline when dealing with their departments.
Visit
the website www.rtionline.gov.in to
submit an RTI request online to any Central Government department.
a) According
to the website, Indian citizens can use it to submit RTI applications online
and make RTI application payments online.
b) Click
"Submit Request" when the website opens to bring up a page where the
applicant must enter the necessary information.
c) The
fields with an asterisk (*) are required; all other fields are optional.
d) The
application's text should be written in the designated column, and you should
read the note that is located immediately above that column. Applicants might
not be able to submit the application if the characters are not used in
accordance with the guidelines.
e) There
is a 3000-character limit on the text of an application submitted in the
designated column.
f) If
an application has more than 3000 characters, it can be uploaded as an
attachment using the provided column.
g) Decide
which department or ministry you want to submit the RTI application to.
h) Then
enter the other contact information that is required.
i) The
applicant must click "Make Payment" to pay the required fee after
completing the first page.
j) The
following methods of payment are available online: SBI Internet banking;
Master/Visa or Master/Debit card use; Rupay Card use.
·
The fee for filing an
application is set by the RTI Rules, 2012.
·
The application is
submitted after the required fee is paid.
·
An applicant who is below
the poverty line must attach a copy of their "BPL" certificate and
pay no fee.
·
After submitting the
application, a unique registration number will be assigned to the applicant for
future reference.
·
The application filed
through the Web Portal would be electronically transmitted to the "Nodal
Officer" of the concerned Ministry/Department, who would then
electronically transmit the RTI application to the concerned CPIO, or Central
Public Information Officer.
·
If an additional fee is
required to provide the requested information, the CPIO will notify the
applicant via this portal. The applicant can view this notification via the
Status Report or his/her e-mail alert.
Appeals
In
the event that the applicant does not receive the requested information or is
dissatisfied with the information received, he or she may file an appeal with
the First Appellate Authority, as provided for in Section 19(1) of the RTI Act.
If no information is provided within the prescribed time limit, the first
appeal must be filed within 30 days of receipt of the information or within 60
days of filing the RTI application. Furthermore, suppose applicants do not
receive information despite filing the first appeal or being dissatisfied with
the First Appellate Authority's order. In that case, applicants may file a
second appeal.
Conclusion
The
Right to Information Act of 2005 is an effective initiative for increasing
transparency and accountability in government offices. These public authorities
are scrutinized by the public through RTI, and citizens learn more about the
government's system by having access to information under the RTI Act. It holds
the government accountable and aids in the containment of rampant corruption in
public officials' offices. Corruption is a threat to society's well-being; it
must be eliminated. Thus, RTI is a powerful tool for citizens to obtain
information about how government departments work, where funds are spent, and
how taxes are paid, among other things. However, there is still a long way to
go because state online portals must function properly to facilitate this
service.
Basis for Award of Compensation in Motor Vehicle Accident CasesUnder the Motor Vehicles Act of 1988, an individual injured in a car accident or the legal representatives of an individual killed in a car read more
Basis for Award of Compensation in Motor Vehicle Accident Cases
Under the Motor Vehicles Act of 1988, an individual injured
in a car accident or the legal representatives of an individual killed in a car
accident may claim damages. It is a law made to prevent motor vehicle accidents
and compensate victims and punish guilty parties in the event of an accident.There
is no time constraint for submitting the claim application. However, trying to
claim compensation after a long unusual duration may cause the Tribunal to have
reservations. Consequently, while there is no time limit for submitting a
compensation claim, it should be completed as quickly as possible.
The
Motor Vehicle Act
The Motor Accident
Claim Tribunal was formed to adjudicate disputes under the Motor Vehicles Act
of 1988. The Claims Tribunal's primary objective is to ensure that cases are
tried speedily and that justice is done. The claimant should submit their claim
on time. According to Section 173, Claims Tribunal appeals will be heard in the
High Courts. Appeals must have been lodged within 90 days of the date of the
judgment. If the claimant is late in submitting his appeal, he must provide a
plausible reason for the latency. The appeal will be heard if the Court
approves it. The appeal will be rejected if the amount in conflict is less than
Rs10,000/-.The Motor Accident Claim Tribunal supervises cases involving death,
property damage, or personal injury. Claims can be submitted to the appropriate
Claims Tribunal. High courts from various states oversee these Tribunals.
Penalties and offences there under the Act of 1988 According
to Section 181 of the act, if a person drives a vehicle without a license or
before having reached the age of majority, he may be penalized up to Rs 5000/-
or imprisoned for up to three months, or both.
The Claims Tribunal may grant claims to the claimant in the
following situations according to Section 165(1) of the Motor Vehicles Act,
1988:
●
When an individual dies or is injured
as a result of an accident
●
When a third party's property is
destroyed as a result of the accident
●
When such accidents occur as a
consequence of driving a car
The Supreme Court established guidelines in National
Insurance Company Limited v. Pranay Sethi for determining the amount of
compensation awarded by the offender to accident victims who are self-employed,
have a regular wage, or have a fixed salary. The Court believes that "just
compensation" should be based on reasonableness, fairness, and equity.
The following parameters were implemented in response to the
decision in Sarla Verma v. Delhi Transport Corporation :
●
If the dead had a secure job and were
between the ages of 40 and 50, 50% of his annual pay would be added.
●
If the person who died were over 50,
there would be no inclusion.
●
If the dead person had a fixed
salary or was self-employed at the time of his death, his income was to be
considered.
This evaluation of compensation in the event of a car
accident death was later discussed in Pranay Sethi's case. The Court determined
that only giving an addition to the deceased who had a permanent job was
inappropriate. It should be stretched to others as well. "To have the
perspective that he (self-employed person) is likely to remain stationary and
his income to remain constant is contrary to the basic concept of human behaviour,"
the Court stated. Furthermore, the Court stated that there is a lack of
uniformity when Claim Tribunals use different evaluation methods. As an outcome,
when assessing compensation, it is desirable to implement the "principle
of standardization," which was used in this case to evaluate the
foreseeable prospects of victims killed in car accidents. A new group was also
established for those who died while self-employed or on a regular salary.
The individual who files the claim petition must show that
the respondent was negligent. It is crucial to prove that he is lawfully
accountable for his actions and is at fault for them. Because there is no
precise definition of negligence for the reasons of such a proceeding, it would
usually mean a violation of obligation caused by an omission directed by a
rational man on some grounds that he would normally do or be bound by law to do
because of the behaviour of the public interests, or through doing things that
a reasonable or considerate man would not do.
The Supreme Court specifies "rashness" as
"risking a dangerous or recklessness act with the knowledge that it is
dangerous and may cause serious harm." The hazard of committing such
conduct with carelessness or indifference to the implications is criminal in
such a case." The Supreme Court defined 'negligence' as "the
inability to do something with reasonable and responsible means conferred by
the considerations that ordinarily regulate human affairs, or doing something
that reasonable and prudent means guided by similar considerations would not
do."
Conclusion
The issue emerges because payment is to be made in the event
of a child's death, even though the child earns nothing and may study. As an
outcome, parents cannot be expected to rely solely on their children in such
issues. Nonetheless, the parents will endure the loss of their child and
receive to be paid fairly for it. The Supreme Court ruled in R.K. Malik v Kiran
Paul that claims for the child's future prospects should be permitted in
addition to financial damages. In the case of Lata Wadhwa v. State of Bihar,
where the accident occurred on March 3, 1989, and many people, including
children, were killed in a crash, the Court awarded significant claims.
The Court categorically stated that the children who died
were all attending an expensive college or school, had excellent prospects, and
came from upper-middle-class families; however, the higher claims awarded
cannot be said to be for the adversity of life and the misery and grief endured
as a result of the destruction of life as a result of financial state. To
receive acceptance for its use, the multiplier method was noted.In the case of
children aged 5 to 10, the Court ruled that "a sum of Rs.1.50 lakhs was
awarded towards pecuniary compensation and a sum of Rs.50,000/- was awarded
towards 'conventional compensation." Compensation of Rs.4.10 lakhs was
awarded in the case of children aged 10 to 18 years, including
"conventional compensation."
Legislation is passed to help the general public. The Motor
Vehicles Act of 1988 was passed to prevent accidents; it is an important law
that must be adequately enforced. As a result, the government and the general
public must work to see it through. Every person must ensure that he does not
infringe its provisions because an accident results from an individual's
behaviour.
*******
Importance of Court Summons and Notices The steps to be followed whenever you receive a summon from the Indian courts-1. Look through the summon attentively and understand if you need an answer or other read more
Importance
of Court Summons and Notices
The
steps to be followed whenever you receive a summon from the Indian courts-
1.
Look through the summon attentively and understand if you need an answer or
other action. In many cases, it is suggested that an answer be sent to the
other party. An advocate can help you reach that decision.
2.
Consult an advocate and present all the information you have regarding the
issue; he will draft a response for you and send the summon on your behalf.
3.
Depending on your answer, the other party can take the matter to the Indian
court or do a settlement outside the Indian court; in both cases, ensure the
advocate you consulted is well informed about the matter.
It
is always advisable to answer a summon so that you may clear your side of the
matter or dispute. Kindly seek an advocate’s advice, and you should avoid
answering such summon on your own because it might have repercussions in the
future. Summon is sort of a warning to whom it is sent. It is the summon to the
person, i.e., making someone aware of the things he might not be aware of. It
states a wrong/mistake one may have committed and the legal penalty/amount you
would be subjected to if the sender of the summons resorts to litigation.
Before relying on or taking action against the summon, it is always advisable
to consult an advocate. If you have an Indian court summons, say to testify,
yes. You had better respond, or the Indian court could issue a warrant.
Reply
to the summon
The
summon should be replied to within the stipulated time, and if not replied to within
the stipulated time, it can prove to be beneficial to the addressee. After
receiving the summon, the following points must be kept in mind:
Attentively
look troughing the summon– It is important to properly look through the summon
to understand the issue and concerns that the other party raises. If the
receiver of the summon feels that the concerns raised in the summoning could be
resolved amicably, then immediately, a conversation should be initiated.
Contacting
the Advocate– If the contents of the summon are unclear, then a profound
advocate must be contacted who can further legal action. Also, the receiver
should keep a record of the time of receiving the summon, which will be
advantageous even if the matter is taken to the Indian court by the opposite
party.
Briefing
the advocate– This step must be done attentively, and the matter must be
escalated to the appointed advocate. The advocate must be provided with all the
necessary information about the facts, time, place, events, etc., that are
related to the issue. This helps the advocate draft a proper answer
representing the receiver’s side of an argument.
Sending
the answer– The answer summons are sent either through a registered summon or
courier once the advocate drafts the answer summon on your behalf. The advocate
keeps a copy of the answer summons for future reference.
What
happens if the person doesn’t respond to a summon?
If
the person to whom the summon is sent doesn’t respond to it in a stipulated
time, then the aggrieved party files a suit in the appropriate Indian court of
Law. Once the suit is filed in the Indian court, the order will be sent to the
respondent by the Indian court to appear before the Indian court and answer the
charges which are against them by the respondent.
Advantages
of a summon
·
Warning–
A summons acts as a warning against the offender as it ensures that the
offender is aware of the duties that must be performed by him or otherwise face
the consequences of non-compliance.
·
Resolution of dispute–
A fair chance is given to both parties to resolve their dispute, which can be
through negotiation, mediation, or arbitration without dragging the matter
before the Indian court.
·
Amicable settlement–
The litigation process is money and time-consuming; thus, it is preferable to
directly settle the matter via the summon, which is a much easier and quicker
process.
Summon
must mention the following points
1.Name
and address of the parties– The summon must
mention the name and address of the party to whom the summon has to be sent.
2.Facts
and grievances– The facts and grievances caused to
the sender must be mentioned in the summon sent by the sender in paragraphs and
points.
3.Compensation–
After stating the facts, the summon must mention the amount of compensation
claimed for the inconvenience caused. Sometimes the summon mentions an
alternative mode of redressing the dispute. It is compulsory to bring up the
laws under which the compensation has to be claimed.
4.Signature–
At the end of the summon, there should be a signature and stamp of the advocate
who sends the summon on behalf of the client.
The
procedure of sending a summon-
1.You
can either draft a summon yourself, or you can take the advocate’s assistance.
Though, it is advisable to engage a qualified advocate, as one should be
extremely cautious with the language used and the choice of words. While
drafting a summon, you should be cautious of using any fact that might later
work against you in the Indian court. Once a summon is sent, it cannot be
changed, and if you use any contradictory statement in the Indian court, then
it might weaken your case.
2.The
summon must be addressed to the person you have grievances against.
3.A
summon must be sent on plain paper or on the letterhead of an advocate.
4.You
must categorically mention in the summon the time period in which the addressee
must respond to the summon. The time period can be 30 to 60 days. The time
period must be stipulated within which the other party is expected to fulfil
the demands.
5.The
summon should be signed by the advocate as well as the sender.
6.The
summon must be sent either through a registered post or courier. It is usually
advised to ensure that the acknowledgement is retained.
Mistakes
to be avoided while answering to a summon
1.Time:
The most common mistake is not answering a summon on time. The sender should
try to answer the summon as soon as possible and within the stipulated time as
mentioned in the sender’s summon. Or else, the person who is sending can take
the harsh acts.
2.Answer:
The mistake the party makes is that they do not answer in a proper and
prescribed manner. The summon should be properly replied to; if the party is
unable to understand the terms of the summon, a professional advocate should be
consulted.
3.Sections:
The mistake that is made is that the party forgets to mention the sections
under which it is sending the summon. The party must be aware of the relevant
sections under which it is sending the summon.
4.Date:
The people forget to mention the date in the summon. It is very important to
mention a date in the summon.
5.Sign:
If the party consults an advocate, then it should not forget that both the
party’s and an advocate’s signature is required.
6.Address:
The present address of the sender should be mentioned so that it reaches the
proper person at the proper time. Bringing slowdown may take action against the
party later.
7.Contact:
The sender’s present working phone number should be addressed.
Tips
to provide a proper response-what to do when you receive a summon
1.The
first thing to do after receiving a summon is to call the sender of the summon
with the aim of resolving the dispute amicably.
2.Though
it is not mandatory to answer a summon,it is still advisable to send an
appropriate answer to the summon.
3.If
case one fails to send an answer to a summon, the other party may use that as
an advantage, and while drafting the petition, they may blame for not adhering
to the requirements of the summon, for which reason the case has been filed.
4.If,
in one’s opinion, the facts that have been stated in a summon are not true, and
he needs to contest a summon. He can take consultation from an experienced
advocate, seek his assistance, and draft a proper answer to the summon, denying
the contents stated in the summoning. The summon must be sent via registered
post or courier.
5.While
sending an answer to the summon, check whether the claim in the summon is
time-barred or not. If the claim is time-barred, then one should only answer
that the claim is not within the limitation period.
Conclusion
Receiving
a summons is the most important stage before a legal suit since it may influence
a decision. Hence, although it is not an order of the court it is vital that
one responds to a summons.
******
INTRODUCTION:Marriage is a eight-letter word that by itself forges a bond between two people and their families. But in Hindu marriages, divorce was completely unheard of until 1955. The traditional view read more
INTRODUCTION:
Marriage is a eight-letter word that by itself forges a bond between two people and their
families. But in Hindu marriages, divorce was completely unheard of until 1955.
The traditional view holds that marriage is not only a relationship or a bond
that lasts for the present world but also a bond that endures forever. As a
result, the importance of remaining together was so ingrained in Hindu society
that being divorced brought with it stigma and prejudice. Divorce was a common practice
in Hindu communities, especially in the so-called lower social strata. Even so,
the Hindu Marriage Act was taken into consideration due to the shifting needs
of society, and ultimately the divorce provision also found a place in the
Hindu Marriage Act.
Marriage is an
institution in which two individuals commit to each other and work for their
mutual well-being; as a result, families are raised and an inseparable
attachment is formed. Human beings are unpredictable, so when the concept of
marriage exists, does the concept of divorce.
\
CONCEPT OF DIVORCE:
The term
"divorce" had not been defined by statute, but it could be defined as
a legal dissolution of judicial ties established during marriages. Thus,
divorce can be viewed as a way to end a marriage that occurs not only between
two individuals but also between two families. There are two kinds of divorce:
mutual divorce and contested divorce. In this article, we will go over the
differences between these two kinds of divorce.
CONTESTED
DIVORCE
A contested divorce is
one in which both parties do not agree on the same issue. At the heart of such
divorce cases must be an underlying dispute in the marriage. The parties are
also generally unable to agree on divorce-related issues, i.e. one wants to
divorce while the other does not, and thus the court must intervene in the
family's personal affairs to either try and reach an amicable happy ending or
examine both sides and ultimately rule that there can be no reconciliation and
grant the divorce.
GROUNDS
FOR A CONTESTED DIVORCE:
A contested divorce is
solely based on the grounds accessible to the parties of a marriage, and they
must prove at least one of these grounds in court. These grounds are mainly the
requirements that must be met in their entirety. These are the grounds:
a)
Adultery: If one of the spouses engages
in voluntary sexual intercourse with another married or unmarried person, this
is grounds for divorce. This is the loyal spouse's right, and he or she may
file for divorce at any time. This is recognized as a ground for divorce in all
religious laws governing marriage and divorce. The alleged infidelity does not
have to be in effect when one spouse files for divorce. The essential principle
for contesting divorce on this ground is that the spouse alleging the affair must
prove the affair.
b)
Cruelty: In the context of the Hindu
Marriage Act of 1955, cruelty was not listed as a ground for divorce, but this
changed after the Act was amended in 1976. However, no legal regime has
precisely defined the term "cruelty," and it is interpreted
differently depending on the context, such as physical or mental, subjective or
relative, intentional or unintentional, direct or indirect.
c)
Desertion: Another prevalent ground for
divorce recognized by all divorce laws in the country is desertion. It
essentially refers to the abandonment or forsaking of one spouse for no
apparent reason or against the wishes of the other spouse. Desertion has two
components, ii) factum detachment ii) Animus deserendi Furthermore, Section
13(1)(ib) of the Hindu Marriage Act, 1955 stated that such desertion must be
without any reasonable cause or the consent of the spouse filing for divorce,
and must last for a continuous period of two years.
d)
Conversion: The conversion of one spouse
to a different religion is a valid reason for divorce. Although it is not recognized
as a ground in the Dissolution of Muslim Marriage Act of 1939 and the Special
Marriage Act of 1954, it is recognized in other divorce laws. Section 13(1)(ii)
of the Hindu Marriage Act of 1955 governs conversion as a divorce ground in
Hindus. When construing this ground, make sure that consent for such conversion
does not become a defense in granting a divorce.
e)
Grave Mental Disorder: According to the
Hindu Marriage Act, mental disorder is grounds for divorce. However, such
disorder or unsoundness must be severe and incurable in nature. Initially, the judgments
of the courts based on this ground were based on the discretion of judges case
by case, but later on, the judgments of the English Courts laid down proper
tests for analyzing the effect of this ground.
f)
Communicable Venereal Diseases: Venereal
diseases are those that can be transmitted through sexual contact between two
individuals, one of whom is already infected with the disease. Section 13(1)(V)
of the Hindu Marriage Act, 1955, deals with this ground, and prior to 1976, it
stipulated a three-year period for such disease to exist immediately before
filing the petition. However, the legislature believed that imposing the time
period would only violate the rights of another spouse, potentially exposing
them to the communicable disease. As a result, the 1976
amendment introduced a new approach to this ground of divorce. This ground is a
common reason for getting a divorce. However, because the goal of this ground
is to keep the other spouse from becoming infected with such a disease, it also
acts as a deterrent even before the marriage.
HOW
TO FILE FOR A CONTESTED DIVORCE:
a)
Filing a divorce petition
When the spouse seeking
divorce approaches his or her attorney, all necessary documents and information
must be provided. An advocate will draft a divorce petition and file it in
court after reviewing all of the information. In divorce cases, the family court
institutions have primary jurisdiction. Following the filing of a petition, the
other spouse is served with notices, either by the party himself/herself or by
the court upon payment of charges.
b)
Appearance and Reconciliation
The parties appear in
court after the notices have been served. If the court believes there is a
possibility of conciliation between the parties, it refers the case to the
Legal Services Authority, where the conciliators are present. They explore the
possibility of settlement and act accordingly. If it is resolved, the petition
is withdrawn from court; otherwise, the stages listed below are followed.
c)
Respondent spouse's
response/counter-response
The respondent files a
counter at this point. Because he or she is opposed to the divorce being
granted, they must deny every allegation made in the petition. The denial in
this case must be specific and cannot be an overall denial of allegations. If
every allegation about a fact is not specifically denied, it will be
interpreted as admitting such allegations. As a result, the respondent must
take sufficient care to examine all of the denials made in the counter or
enlist the assistance of others to scrutinize the response.
d)
Discovery
At this point, as
documents and required information are produced in court, they will be made
available to the other parties as part of the inquiry. It assists the parties
in sharpening their positions by evaluating the other party's position and the
evidence concerning the issues involved in the divorce.
e)
Settlement
The court resolves the
points for consideration that must be decided after assessing the documents and
information. These points will usually reflect the parties' unresolved
conflicts regarding divorce or granting divorce in general. The court may also
refer it to third-party negotiation at this point.
f)
Trial
At this point, the
courts set dates for hearings and witness examinations. Prior to this,
witnesses are summoned to appear in court on specific dates. The above stage
also involves the cross-examination, final hearing, and so on.
g)
Orders/Decree
After concluding on all
issues based on the arguments and evidence presented, the court issues orders
or a decree granting or denying the divorce.
h)
Appeal
The decree can then be
appealed to the High Court with jurisdiction over the family court, and then to
the Supreme Court. Under Section 28 of the Hindu Marriage Act of 1955, it is
generally appealable. The time limit for filing an appeal varies, but in
Hindus, it ranges from 30 to 90 days.
MUTUAL
DIVORCE
Divorce by Mutual
Consent, also known as Mutual Divorce, occurs when both husband and wife
mutually agree that they can no longer live together and that the ideal option
is Divorce. They would present a Mutual Divorce petition jointly before the
honourable court, without making any allegations against each other.
REQUIREMENTS
FOR A MUTUAL DIVORCE:
a)
There has been a minimum of one year of
separate living for the parties. It is questionable whether the legislators
intended for the parties to live apart voluntarily or as a result of external
forces. But as long as the requirement of the parties' separate living under
the same roof of the matrimonial home or in separate residence is met, it does
not appear necessary for the court to look into that matter. The court should
not go beyond the statutory limit of its jurisdiction unless the consent of any
of the parties to such a petition is vitiated by coercion, fraud, or undue
influence.
b)
For whatever reason, the parties have
been unable to coexist. In other words, there is no room for compromise or
adjustment between them.
c)
The agreement for the dissolution of the
marriage has the parties' free consent.
d)
The petition may be withdrawn at any
time by the parties. It appears that the petition may be withdrawn even at the
request of one party within six months of the date it was presented. However,
the unilateral right of a party to withdraw the petition appears to be barred
when a joint motion is taken by the parties after the passing of six months but
before the passing of eighteen months from the date of presentation of the
petition for inquiring.
a)
Proof of husband's address
b)
Proof of wife's address
c)
Details about the husband and wife's
professions and current earnings
d)
Marriage Certificate
e)
Background information on the family
f)
Photographs of a husband and wife's
marriage
g)
Evidence demonstrating that the husband
and wife have been living apart for more than a year
h)
Evidence of failed reconciliation
efforts
i)
Income tax returns
j)
Property and asset information for the
parties
k)
Depending on the facts and circumstances
of the case, additional documents may be required.
HOW
TO FILE FOR A DIVORCE BY MUTUAL CONSENT:
To obtain a divorce by
mutual consent, several steps must be taken. According to Section 13B of the
Hindu Marriage Act, filing a petition is generally the first step in the mutual
divorce process in India. Two motions are also a part of this process. The
crucial actions are as follows:
a) Joint Petition Submission:
The initial step is to
submit a joint petition to the pertinent family court. Both parties must affix
their signatures to this joint petition. The divorce petition includes a joint
statement from both partners stating that they are unable to coexist and should
be granted a divorce as a result of their irreconcilable differences. The
agreement to divide the assets, determine child custody, etc., is also included
in this statement.
b) The appearance of Both Parties in
Court:
Following the filing of
the petition, the second step in the procedure is for both parties to the
divorce to appear in family court. The court sets this date, and the parties
appear with their counsels.
c) Court's Scrutiny of the Petition:
The court then examines
the petition as well as the documents filed by the parties. When and if the
court is satisfied, it orders the recording of the parties' oath statements. In
some instances, the court attempts to bring the parties together. When the
parties cannot be reconciled, the divorce proceeding is initiated.
d) Recording of statement and adoption
of order on First Motion:
The court issues an
order on the first motion after the parties' statements have been recorded
under oath. Following that, the parties are given a 6-month period in which to
file the second motion. This must be filed within 18 months of the filing of
the petition for the first motion.
e) Second Motion Appearance:
If both parties have
not agreed to come together after 6 months of the first motion or by the end of
the reconciliation period, they may appear for the second motion for the final
hearing. This also includes the parties appearing in court and having their
statements recorded. If the second motion is not filed within 18 months, the
court will refuse to grant the divorce decree. Furthermore, the section and
settled law make it clear that one of the parties may withdraw their consent at
any time before the decree is issued.
f) The decision of the Court:
The free consent of
both parties is the most essential criterion for granting divorce by mutual
consent. In other words, a decree for divorce by mutual consent cannot be
granted unless there is a complete agreement between the husband and wife for
the dissolution of the marriage and the court is completely satisfied. The
court issues appropriate orders as well as dissolves the marriage based on the
statements recorded by the parties and the specific facts and circumstances of
the cases. The court then issues the divorce decree, and the divorce is now
final.
CONCLUSION:
Marriage cannot succeed
unless both parties are willing to put in the effort. As a result, when one
party stops contributing to the relationship, a divorce can occur. In today's
world, both kinds of divorces are quite common but a mutual consent divorce
eliminates unnecessary disputes and saves a significant amount of time and
money. With an increasing number of divorce applications being filed, mutual
consent divorce is one of the best-provided options. Furthermore, the parties
have the authority to decide on sensitive issues such as child custody,
maintenance, and any other important issue. As a result, it is the simplest
type of divorce, as well as the least expensive and time-consuming when
compared to a contested divorce.
INADEQUACY INFRASTRUCTURE IN INDIAN COURTS· According to the Chief Justice of India, developing a strong judicial infrastructure for Indian courts has always read more
INADEQUACY INFRASTRUCTURE IN INDIAN COURTS
·
According
to the Chief Justice of India, developing a strong judicial infrastructure for
Indian courts has always been a secondary concern. Because of this mentality,
courts in India continue to function in outdated buildings, making it
impossible for them to carry out their duties properly, as was noted on October
23, 2021 during the ground-breaking ceremony for the Bombay High Court Bench's
Aurangabad expansion wing building.
·
Chief
Justice of India proposes one central organization with some power to manage
the construction of subordinate courts' infrastructure. Only a combined five
States used 84.9 crores of the total 981.98 crores sanctioned in 2019–20 under
the Centrally Sponsored Scheme (CSS) for the construction of court facilities,
leaving the majority(91.36%) of funds unutilized. This underutilization of
funds is not a COVID-19 pandemic-related aberration. When the CSS was first
implemented in 1993–1994, the problem had already been affecting the Indian
judiciary for about 30 years.
·
The
proposal for the creation of the NJIAI had been forwarded to the Ministry of
Law and Justice, and the Chief Justice of India stated that he wished for a
good solutionshortly. Additionally, he has requested Kiren Rijiju, minister of
law and justice, to quicken the procedure and see to it that the legislation to
establish the NJIAI is discussed during the winter session of Parliament. According
to the Chief Justice of India, the institutionalization of the process for
enhancing and developing cutting-edge judicial infrastructure is the finest
present we can conceive of offering to our people and our nation in this 75th
year of our Independence.
·
The
infrastructure of the Indian judiciary has not kept up with the enormous volume
of lawsuits filed annually. A conclusion is reinforced by the fact that
although there are 24,280 authorized judicial officials in the nation, there
are only 20,143 rooms of the courts available, including 620 rented halls.
Additionally, there are only 17,800 residential units available for court
officials, including 3,988 rentals. Up to 26% of court facilities lack separate
restrooms for women, while 16% of lack male restrooms. Only 51% of court
complexes feature libraries, and only 32% of rooms of the courts have separate
record rooms. Only 51% of court complexes include a library, and only 5% of
court complexes have basic medical services. Only 27% of rooms of the courts
have a computer stationed on the judge's dais with a videoconferencing
capacity, despite the epidemic forcing the majority of courts to adopt a hybrid
form of hearing, that combines physical and videoconferencing modes.
·
The
Centre informed the Supreme Court on 26th April, 2022 that problems
like the absence of adequate infrastructure to meet the expanding needs of the
judiciary and the bar in the national capital can be examined in conjunction
with the supreme court registry. The overcrowding in the hallway of the Supreme
Court was described as dreadful by a bench made up of Justice Vineet Saran and
J. K. Mahesction. We don't walk through the hallways. They also suggested that
the federal government take action. The bench stated that the Centre must take
action and that it is not the court's responsibility to provide a solution.
·
In his
appearance on behalf of the Centre, Solicitor General Tushar Mehta claimed that
the case was not adversarial and that he was in contact with the government. He
added that the matter might be heard within four weeks. The bench took notice
of the arguments and stated that the Centre might examine the issues raised in
the plea after consulting with the petitioner's attorney and the registry of
the supreme court. In a PIL filed by bar leader Ardhendumauli Kumar Prasad on
March 8, 2022, the top court requested responses from the Centre and the apex
court's registry in order to address the growing demand for judicial
infrastructure for all courts, including the subordinate judiciary, tribunals,
the Delhi High Court, and the bar in the national capital. The bench then
scheduled the PIL for a hearing on July 20.
·
The bench
stated on 25th April, 2022 that it needed to know the Central
government's position on the plea, and it set the topic for discussion with the
solicitor general on Tuesday. The PIL asked to develop a judicial vista close
to the apex court's premises. The PIL has also sought direction fromthe Ministry
of Law and Justice and the Housing and Urban Affairs to constitute a central
authority, funded by the Consolidated Fund of India, to cater to the need for
judicial infrastructure under the administrative control of the Chief Justice
of India (CJI).
·
The
argument made in the petition claimed that the lack of judicial
infrastructure—rooms of the courts, basic amenities, etc.—for judges,
attorneys, and litigants in the subordinate judiciary and tribunals across the
nation is a very serious problem and that the judiciary's lack of independence
in this regard and its reliance on the federal government and state governments
undermines the cause of judicial independence. The National Judicial
Infrastructure Authority must be established because judicial infrastructure
independence is crucial to advancing the cause of judicial independence and is
one of the most fundamental constitutional rights.
·
Article
14, which establishes the Rule of Law as the cornerstone of the administration
of justice, is the most important provision in the Constitution. Given the
amount of work the nation's top court gets and the growing Bar, realising the
rule of law hinges on having an adequate and proper infrastructure. It has
asked for the building of a sizable, multi-level courthouse complex with 45 to
50 rooms, each equipped with video conferencing technology and enough seats for
litigants, attorneys, law clerks, and interns. A multi-level structure with
5000 chambers for senior attorneys, attorneys-on-record, and attorneys, as well
as the necessary amenities, has also been requested. In addition, the petition
demanded adequate creche facilities to accommodate the numerous women.
·
An
analysis of the infrastructure in 12 district courts in New Delhi and the NCR
revealed many basic amenities lacking, including restrooms, guide maps, and
ramps for the physically disabled, underscoring the need for a more in-depth
discussion on how Indian courts are constructed and maintained. Political,
social, and economic factors are frequently discussed in discussions access to
justice, but accessibility and comfort in physical access are rarely discussed.
Unfortunately, the Indian judiciary continues to under-analyse the topic of
physical infrastructure.
CONCLUSION/SOLUTION-
Consequently, providing more accessible
navigational aids, sanitary restrooms, many facilities permitting barrier-free
access for people with disabilities, and inadequate security features for rooms
of the courts is the option for improving the circumstances of Indian courts-
1. In addition to ordering the construction of new
courts, the Supreme Court should require all High Courts to produce yearly
infrastructure status reports that include information on budgetary
expenditures and actions to maintain and renovate current court facilities.
District Courts should be required by High Courts to follow suit.
2. In collaboration with the Supreme Court, the
Ministry of Drinking Water and Sanitation can revitalize the Swachh Nyayalaya
program.
3. The National Court Management System(NCMS) study
is outdated and does not consider what is needed for contemporary court
complexes. The Supreme Court must reassemble the NCMS and update the baseline
report to reflect current requirements.
4. The public and litigants need a forum to hear
their complaints. To do this, the Ministry of Law and Justice can develop a
platform on the current Bhuvan-Nyaya Vikas webpage to solicit visitor comments
to courthouses. To handle complaints from litigants and users, each district
court shall establish an infrastructure grievance redressal cell and select an
appropriate authority from the Registry inside the court complexes. The High
Courts may supervise establishing such grievance redressal cells in each
district court within their authority.
5. The NCMS study suggests that a
guidance map, facilitation, welcome centre, and a document filing counter
should be located near the complex's entrance. Only two features—a tour map and
a help desk—were included in the study, which was limited to looking at whether
each court complex possessed them. Only 20% of district courts (133 out of 665)
had maps, and only 45% of court complexes (300 out of 665) had assistance
desks. West Bengal and Sikkim were two states with the poorest overall
performance on this metric.
6. Every district court complex
should include a dedicated waiting room for litigants and the general public,
according to the NCMS study. Bihar and Rajasthan were the two states with the
fewest courthouses with designated waiting spaces. Only 54%, or 361 district
court complexes, had designated waiting for places, despite this being a
fundamental necessity. Bihar and Rajasthan were the two states with the fewest
courthouses with designated waiting spaces.
7. Information about the courtroom number, the presiding judge, and the active case number is shown on an electronic case display board. An electronic case display board should be present upon admission and in the waiting rooms, according to the NCMS study. Electronic case display boards at the entrance and waiting rooms were present in just 26% of the court facilities.
8. The NCMS study recommends
separate, well-maintained, gender-segregated restrooms for litigants, guests,
and attorneys. The least amount of court complexes with working toilets was
found in Goa, Jharkhand, Uttar Pradesh, and Mizoram. There were only men's restrooms
at about 100 district court facilities. The unhygienic conditions in court
complexes are also a sign that government programs like SwacchNyayalayas, which
were meant to build and maintain restrooms in 16,000 court buildings, have
failed.
9. According to the NCMS study,
court facilities must have an accessible architecture that is universal and
adaptable to local demands and situations. On this metric, the majority of
district court facilities did poorly. Only 27%, or 180 court complexes, had
ramps or elevators for access. In comparison, only 11%, or 73 court complexes,
had bathrooms specifically for people with disabilities, and only 2%, or 13
court complexes, had features for visual aids.
********
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type read more
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing Lorem Ipsum passages, and more recently with desktop publishing software like Aldus PageMaker including versions of Lorem Ipsum.
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing Lorem Ipsum passages, and more recently with desktop publishing software like Aldus PageMaker including versions of Lorem Ipsum.
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing Lorem Ipsum passages, and more recently with desktop publishing software like Aldus PageMaker including versions of Lorem Ipsum.
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing Lorem Ipsum passages, and more recently with desktop publishing software like Aldus PageMaker including versions of Lorem Ipsum.
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing Lorem Ipsum passages, and more recently with desktop publishing software like Aldus PageMaker including versions of Lorem Ipsum.
Noida, India
New Delhi, India
Secunderabad, India
Bengaluru, India
Bengaluru, India
Patiala, India
Patiala, India
Kolkata, India
DAYS
HOURS
MINUTES
SECONDS
In adherence to the rules and regulations of Bar Council of India, this website has been designed only for the purposes of circulation of information and not for the purpose of advertising.
Your use of SoOLEGAL service is completely at your own risk. Readers and Subscribers should seek proper advice from an expert before acting on the information mentioned herein. The content on this website is general information and none of the information contained on the website is in the nature of a legal opinion or otherwise amounts to any legal advice. User is requested to use his or her judgment and exchange of any such information shall be solely at the user’s risk.
SoOLEGAL does not take responsibility for actions of any member registered on the site and is not accountable for any decision taken by the reader on the basis of information/commitment provided by the registered member(s).By clicking on ‘ENTER’, the visitor acknowledges that the information provided in the website (a) does not amount to advertising or solicitation and (b) is meant only for his/her understanding about our activities and who we are.
Resource centre is one stop destination for users who are seeking for latest updates and information related to the law. takes the privilege to bring every single legal resource to your knowledge in a hassle free way. Legal Content in resource centre to help you understand your case, legal requirements. More than 3000 Documents are available for Reading and Download which are listed in below categories:
SoOLEGAL Transaction Services Agreement :
By registering yourself with SoOLEGAL, it is understood and agreed by you that the Terms and Conditions under the Transaction Services Terms shall be binding on you at all times during the period of registration and notwithstanding cessation of your registration with SoOLEGAL certain Terms and Conditions shall survive.
"Your Transaction" means any Transaction of Documents/ Advices(s), advice and/ or solution in the form of any written communication to your Client made by you arising out of any advice/ solution sought from you through the SoOLEGAL Site.
Transacting on SoOLEGAL Service Terms:
The SoOLEGAL Payment System Service ("Transacting on SoOLEGAL") is a Service that allows you to list Documents/ Advices which comprise of advice/ solution in the form of written communication to your Client who seeks your advice/ solution via SoOLEGAL Site and such Documents/ Advices being for Transaction directly via the SoOLEGAL Site. SoOLEGAL Payment Service is operated by Sun Integrated Technologies and Applications . TheSoOLEGAL Payment System Service Terms are part of the Terms & Conditions of SoOLEGAL Services Transaction Terms and Conditionsbut unless specifically provided otherwise, concern and apply only to your participation in Transacting on SoOLEGAL. BY REGISTERING FOR OR USING SoOLEGAL PAYMENT SYSTEM , YOU (ON BEHALF OF YOURSELF OR THE FIRM YOU REPRESENT) AGREE TO BE BOUND BY THE TRANSACTIONS TRANSACTION TERMS AND CONDITIONS.
Unless otherwise defined in this Documents/ Advice or Terms & Conditions which being the guiding Documents/ Advice to this Documents/ Advice, all capitalized terms have the meanings given them in the Transactions Transaction Terms and Conditions.
S-1. Your Documents/ Advice Listings and Orders
S-1.1 Documents/ Advices Information. You will, in accordance with applicable Program Policies, provide in the format we require. Documents/ Advices intended to be sold should be accurate and complete and thereafter posted through the SoOLEGAL Site and promptly update such information as necessary to ensure it at all times that such Documents/ Advices remain accurate and complete. You will also ensure that Your Materials, Your Documents/ Advices (including comments) and your offer and subsequent Transaction of any ancillary Documents/ Advice pertaining to the previous Documents/ Advices on the SoOLEGAL Site comply with all applicable Laws (including all marking and labeling requirements) and do not contain any sexually explicit, defamatory or obscene materials or any unlawful materials. You may not provide any information for, or otherwise seek to list for Transaction on the SoOLEGAL Site, any Excluded Documents/ Advices; or provide any URL Marks for use, or request that any URL Marks be used, on the SoOLEGAL Site. In any event of unlawful Documents/ Advices made available for Transaction by you on SoOLEGAL site, it is understood that liabilities limited or unlimited shall be yours exclusively to which SoOLEGAL officers, administrators, Affiliates among other authorized personnel shall not be held responsible and you shall be liable to appropriate action under applicable laws.
S-1.2 Documents/ Advices Listing; Merchandising; Order Processing. We will list Your Documents/ Advices for Transaction on the SoOLEGAL Site in the applicable Documents/ Advices categories which are supported for third party REGISTERED USERs generally on the SoOLEGAL Site on the applicable Transacting Associated Properties or any other functions, features, advertising, or programs on or in connection with the SoOLEGAL Site). SoOLEGAL reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the SoOLEGAL Site. We may use mechanisms that rate, or allow users to rate, Your Documents/ Advices and/or your performance as a REGISTERED USER on the SoOLEGAL Site and SoOLEGAL may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions. Transactions Proceeds will be paid to you only in accordance with Section S-6.
S-1.3 a. It is mandatory to secure an advance amount from Client where SoOLEGAL Registered Consultant will raise an invoice asking for a 25% advance payment for the work that is committed to be performed for the Client of such SoOLEGAL Registered Consultant. The amount will be refunded to the client if the work is not done and uploaded to SoOLEGAL Repository within the stipulated timeline stated by SoOLEGAL Registered Consultant.
b. SoOLEGAL Consultant will be informed immediately on receipt of advance payment from Client which will be held by SoOLegal and will not be released to either Party and an email requesting the Registered Consultant will be sent to initiate the assignment.
c. The Registered Consultant will be asked on the timeline for completion of the assignment which will be intimated to Client.
d. Once the work is completed by the consultant the document/ advice note will be in SoOLEGAL repository and once Client makes rest of the payment, the full amount will be remitted to the consultant in the next payment cycle and the document access will be given to the client.
e. In the event where the Client fails to make payment of the balance amount within 30 days from the date of upload , the Registered Consultant shall receive the advance amount paid by the Client without any interest in the next time cycle after the lapse of 30 days.
S-1.4 Credit Card Fraud.
We will not bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorised use of a third party's credit card information) occurring in connection with Your Transactions. We may in our sole discretion withhold for investigation, refuse to process, restrict download for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Documents/ Advices if we ask you to do so. You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.
S-2. Transaction and Fulfilment, Refunds and Returns
S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
1. Fulfilment by Registered User/ Consultant - In the event of Client seeking consultation, Registered User/ Consultant has to ensure the quality of the product and as per the requirement of the Client and if its not as per client, it will not be SoOLEGAL’s responsibility and it will be assumed that the Registered User/ Consultant and the Client have had correspondence before assigning the work to the Registered User/ Consultant.
2. Fulfilment by SoOLEGAL - If the Registered User/ Consultant has uploaded the Documents/ Advice in SoOLEGAL Site, SoOLEGAL Authorised personnel does not access such Documents/ Advice and privacy of the Client’s Documents/ Advice and information is confidential and will be encrypted and upon payment by Client, the Documents/ Advice is emailed by SoOLEGAL to them. Client’s information including email id will be furnished to SoOLEGAL by Registered User/ Consultant.
If Documents/ Advice is not sent to Client, SoOLEGAL will refund any amount paid to such Client’s account without interest within 60 days.
3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
4. SoOLEGAL will remit the fees (without any interest) to its Registered User/ Consultant every 15 (fifteen) days. If there is any discrepancy in such payment, it should be reported to Accounts Head of SoOLEGAL (accounts@soolegal.com) with all relevant account statement within fifteen days from receipt of that last cycle payment. Any discrepancy will be addressed in the next fifteen days cycle. If any discrepancy is not reported within 15 days of receipt of payment, such payment shall be deemed accepted and SoOLEGAL shall not entertain any such reports thereafter.
5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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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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