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The Hon’ble #SupremeCourt of India in the case of State of Kerala and Another vs M/S Popular Estates (Now Dissolved) and another (Civil Appeal No. 903/2011) vide its Judgment dated 29-10-2021 held that read more
The Hon’ble #SupremeCourt of India in the case of State of Kerala and Another vs M/S Popular Estates (Now Dissolved) and another (Civil Appeal No. 903/2011) vide its Judgment dated 29-10-2021 held that power under #Article136 of the #Constitution of India cannot be exercised when the view taken by the High Court is merited with reasons.
In this case, Popular Estates (the “Respondent”) became the owners of 1534.40 acres of land upon a partition of a registered Firm’s assets, namely M/s Popular Automobiles. Meanwhile, the Kerala Private Forests (Vesting and Assignment) Act, 1971 (the “Vesting Act”) came into force with effect from 10-05-1971. Under Section 3 of the Vesting Act, all private forests were vested in the State Government.
The Forest Authorities attempted to take possession of large areas of land occupied by the Respondent, alleging that they were private forests and had vested in the State, under the Vesting Act. The Respondent moved two Original Applications before the Forest Tribunal (“Tribunal”) under Section 8 of the Vesting Act claiming a declaration that no part of the estate consisting 1534.40 acres was liable to vest in the State. They claimed that as the land was being cultivated it was exempt under Section 81 of the Vesting Act. The State opposed the Applications. The Tribunal decided the matter and held that prima facie it appears that the areas which were with the Respondent should really be vested as forest land in the State. The Tribunal therefore dismissed the Original Applications of the Respondent.
The Forest Department, State of Kerala (the “Appellant”), issued a Notification no. 4713/1977 notifying 100 hectares of the Respondent’s Estate as private forest, based on survey undertaken by the Forest Department. On 22-07-1987, the Custodian and Conservator of Vested Forests issued a Notification under Section 6 of the Vesting Act demarcating land belonging to the Respondent as “vested forests” under the Vesting Act.
The Respondent filed Original Applications against the Notification no. 4713/1977 before the Tribunal (OA Nos. 166 & 167/1990) and also filed Writ Petition before the High Court challenging the validity of the Notification dated 22-07-1987.
The Tribunal dismissed the Original Applications vide Order dated 30.10.1992 and held that in its earlier Order it had only dealt with the status of 100 hectares of the land and, therefore, with regard to rest of the land the State was empowered to issue a fresh Notification. This Order dated 30.10.1992 was challenged in an Appeal before the High Court by the Respondent.
To read more, please visit the link below:
#supremecourt #intervene #highcourt #lawyered
A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices Sanjiv Khanna and Bela M. Trivedi passed a #Judgment dated 29-10-2021 in the case of Life Insurance Corporation Of India read more
A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices Sanjiv Khanna and Bela M. Trivedi passed a #Judgment dated 29-10-2021 in the case of Life Insurance Corporation Of India And Another v. Sunita {Special Leave Petition (Civil) No. 13868 Of 2019} held that the #Insurance Claim is liable to be rejected if #premium was not paid on the due date.
In the present case, one Mr. Pradeep Kumar (Insured), the husband of the (Respondent) (original Complainant) had taken an Insurance Policy on 14-04-2021 under the Jeevan Suraksha Yojana from the Life Insurance Corporation (Appellant-Corporation). Under the said Policy a sum of Rs. 3,75,000/-was assured by the Appellant-Corporation and an additional sum of Rs. 3,75,000/- was assured in the event of death by accident. The insurance premium of the said Policy was to be paid in six months. The next premium was due to be paid on 14-10-2011 by the Insured. However, there was a default in paying the premium. On 06-03-2012 the Insured met with an accident and succumbed to the injuries on 21-03-2012. In the meantime, the due insurance premium of October, 2011, was deposited by the Insured on 09-03-2012 for reviving the Policy.
The Complainant after the death of the Insured-Husband filed a claim before the Appellant-Corporation. The Appellant paid a sum of Rs. 3,75,000/- however, did not pay the additional amount of Rs. 3,75,000/- towards the Accident claim benefit to the Complainant.
Aggrieved, the Complainant approached the District Forum and vide Judgment and Order dated 14-10-2013, the District Forum while placing reliance upon the Ready Reckoner issued by the Appellant-Corporation, allowed the said claim of the Respondent. Aggrieved by the said Order dated 14-10-2013, the Appellant-Corporation preferred an Appeal before the State Consumer Disputes Redressal Commission. The State Commission while setting aside the said Order dated 14-10-2013 passed by the District Forum, allowed the said Appeal. Thereafter, the aggrieved Complainant preferred a Revision Petition being No. 897 of 2008 under Section 21(B) of the Consumer Protection Act, 1986 (Act), before the National Consumer Dispute Redressal Commission (NCDRC) thereby challenging the Order passed by the State Commission. Vide Judgment dated 24-04-2019, the NCDRC allowed the said Revision Petition and set aside the Order passed by the State Commission.
To read more, please visit the link below:
#supremecourt #insurance #claim #premium #due
MSME DEBT RECOVERY PROVISIONSMicro, small and medium enterprises have always been one of the main growth engines of the Indian Economy. In recognition of their contributions, the Indian Government has read more
MSME DEBT RECOVERY
PROVISIONS
Micro,
small and medium enterprises have always been one of the main growth engines of
the Indian Economy. In recognition of their contributions, the Indian Government
has formulated various incentive plans to strengthen and improve the
competitiveness of the MSME sector. The Government promulgated the “Micro,
Small and Medium Enterprises Act 2006.” This law gives MSME many exclusive
rights so that it can further strengthen its economic activities.
Challenges Faced by MSME in the event of delayed payment
MSMEs
around the world face limitations in maintaining combat readiness. Due to the
lack of MSME capital, payment delays are a serious problem. A World Bank Group
report released in January 2014 stated that 35 per cent or one in three MSMEs
receive their payment only after 90 days or even more. While larger
corporations are able to alleviate the adverse effects of delayed payment but
managing the cash flows is a struggle for MSMEs because of the nature of their
businesses. Furthermore, the consequence of delayed payments is that 15-20 per cent
of an MSME’s cash flow remains locked up, which in turn affects the smooth
running of the business. Here, manufacturers face the greatest difficulty in
coping up since they need to invest in raw materials, manufacture goods, and
then sell them to customers. Manufacturers, who have already invested
substantially in buying the raw materials for production, eventually end up
with a huge cash crunch because of the 90-day cycle for cash receivables and
successive delays by their customers. They are even hampered by weak bargaining
power as they are stuck between the corporate buyers and a highly networked raw
material supplier base. Late payments have caused many MSMEs to become
NPAs.
SAMADAN Portal-Payment Monitoring System
On
October 30, 2017, the Ministry of Small and Medium Enterprises launched
electronic means to enable micro and small suppliers to submit online
quotations of their goods and services to the potential buyers. But to be
eligible to submit MSMED Samadhaan, MSME must be registered in the national
Udyog Aadhaar portal. According to Article 16 of the “MSMED Act 2006”, if the
buyer fails to make the payment to the seller, he shall be liable to pay the
compound interest every month on that specific amount from the appointed date
or as the case may be, three times the bank rate notified by the Reserve Bank.
The Samadhaan portal provides information about the pending payments of micro
and small businesses within its jurisdiction to the central public
sector/central government, state government, etc., and further provides the
necessary instructions to resolve these issues.
Section
20 of the MSMED Act describes the Micro and Small Business Promotion Committee
(MSEFC). This section states that the state government will establish the
required number of MSEFCs through notification to make MSEFC the competent
authority. The implementation specified in Section 21 describes the structure
of the MSEFC. Here, MSEFC shall consist of three to five members appointed by
multiple categories, namely, industry directors or other officials not below
the rank of designated directors, one or more officials, or representatives of MSMEs,
one or more representatives of the banks and financial institutions that grant
MSME loans, or one or more persons with professional knowledge in the field of
finance, law, industry, trade or business conditions, MSEFC will provide
instructions to the purchaser of the payment Period amount and interest.
Section 18(5) of this Act requires the Council to adjudicate each reference within
90 days from the date of each reference.
Section
19 provides an opportunity to file an appeal and states that the appellant (not
the supplier) can file the appeal after depositing 75% of the award amount. If
the appellant fails to pay the amount specified above, the decision or order of
the Chamber or the Alternative Dispute Resolution Center will not be
considered.
Steps
involved in filing online application
STEP 1:
Micro
and small businesses require to go to the web MSMED Samadhaan portal https://samadhaan.msme.gov.in/MyMsme/MSEFC/MSEFC_Welcome.aspx
and click on “Case submitting for Entrepreneur / MSE units”. It redirects to
the “Entrepreneur validation” web page.
STEP 2:
Once
the Entrepreneur validation web page appears, the Udyog Aadhaar Number and the
wide cellular variety registered on Udyog Aadhaar should be stuffed.
STEP 3:
After
filling in the details mentioned above, the application for payment recovery
has to be filed with the MSEFC. Here, the application has to be referred to the
Council according to its jurisdiction. Important information such as the PAN or
GSTIN number of the petitioner, the buyers’ information against whom the
grievance is to be filled are necessities that would require strict adherence. Further,
work orders and invoice details associated with the customer are required to be
uploaded. A maximum of five work orders and five invoices per buyer can be
uploaded. The next step would be entering the verification code as displayed on
the screen and then validating the Udyog Aadhaar by clicking on the button to
receive the OTP on the email registered during the Udyog Aadhaar registration.
STEP 4:
In
the very last step, the application is submitted post last review.
According
to Section 18 of the Micro, Small and Medium Enterprises Development
Act, 2006, as soon as the reference is received, a
possibility for mutual agreement is granted through conciliation. The Council can
either conduct conciliation itself or seek the help of any organization or
centre dealing with trade dispute decision offerings. The provisions of
sections 65 to 81 of the Arbitration and Conciliation Act, 1996 are applicable
to such disputes.
On
failure or termination of the conciliation with no settlement between the
parties, the Council shall either itself take up the dispute for arbitration or
refer to it any institution or centre that provides alternate dispute
resolution services for such arbitration and then the provisions of the
Arbitration and Conciliation Act, 1996 shall be applied to the dispute as if
the arbitration was in pursuance of an arbitration agreement. MSEFC passes a
very last and binding award. That award shall be communicated to the Interim
Resolution Professional and Hon’ble National Company Law Tribunal (NCLT) in the
course of the insolvency procedure. The execution of such an award is under the
Arbitration and Conciliation Act, 1996.
If
the customer stays unresponsive, then it will be deemed as an affirmation of
its liability, and the customer’s offences will be attempted through the
Metropolitan Magistrate or Magistrate of First Class or courts of better
hierarchy.
Conclusion
MSMED
Samadhaan portal is a powerful device to understand the outstanding dues since
the aim of this portal is to empower micro and small entrepreneurs. Further,
the portal promotes the tracking of delayed payments in an efficient aspect.
Statistically, because of the commencement of e-medium in 2017, the number of
cases filed in the MSEFC has been around 13190, out of which 3149 were disposed
of, granting an amount of Rs. 598.90 Crore.
The
information on the portal is made available to the public, consequently
exerting ethical obligation on the part of the defaulters to make sure the
payment is made within a reasonable time. Thus, it can be said that this portal
promotes the viability of micro and small businesses.
With
recent developments in the MSME Act and the Insolvency and Bankruptcy Code that
was introduced by the Government of India during the COVID 19 outbreak, the
window to MSME’s future has been created towards the protection of the Economy of
the country.
*****
Adopting a good cybersecurity strategy: Cybersecurity has become more important to individuals, Governments and businesses than ever before. Businesses, decision makers and major stakeholders need read more
Adopting a good cybersecurity strategy:
Cybersecurity has become more important to individuals, Governments and businesses than ever before. Businesses, decision makers and major stakeholders need to take steps to minimise risk exposure from cyber-attacks. For this purpose, firms are investing time, money and resources to develop a good cybersecurity strategy.
A cybersecurity strategy consists of high level plans pertaining to how an organisation should go about securing its systems and networks. Usually, they are developed with a 3 or 5 year vision. However, they must be updated and revised as the business evolve. The reason for this is due to the increase in cybercrimes across the globe. Hackers are more ambitious today than a decade earlier.
Therefore, it is the urgent need of the hour for firms to have documented policies and procedures to safeguard data, systems and networks. A robust strategy should be multi-layered and include email, mobile devices, end points and the network. Firms must consider aspects such as data governance, encryption, vulnerability scanning, penetration testing and secure access across the technological ecosystem.
Companies should be able to adopt a pro-active approach that will:
i. Ensure that cybersecurity practices aligns with the vision of the firm.
ii. Foster a security conscious culture at work.
iii. Understand high risk or vulnerability areas.
iv. Implement an assessment program in order to identify risks, threats and vulnerabilities.
v. Approach security beyond compliance.
vi. Invest in prevention, detention and response.
Factors to consider:
1) Train employees in security principles:
Basic security policies should be established for employees. For instance, requiring strong passwords, provide internet usage guidelines, establish steps to protect data. Generating awareness among the work force can prove to be effective in many ways.
2) Protect information, computers and networks from cyber-attacks:
Ensure clean machines by obtaining latest security, browser and operating system. Install other key updates regularly.
3) Provide firewall security for internet connection:
Firewall is a set of programs that prevent outsiders from accessing data or a private network. Ensure each system’s firewall is enabled.
4) Establish a mobile device action plan:
Ensure to set appropriate reporting procedures for lost or stolen equipment.
5) Make backup copies of vital information:
Ensure data of all computers are regulatory backed up. A good recovery plan is also necessary to be implemented.
6) Control physical access to computers and create user account for each employee:
Prevent access on use of business systems by unauthorised individuals. Administrative privileges should only be given to trusted IT staff and key personnel.
7) Secure your wi-fi networks:
Make sure wi-fi is hidden, secure and encrypted. Also, ensure that access to the router is password protected.
8) Employ best practices on cards:
Isolate payment systems from less secure programs and limit using the same computer to process payments and surf the internet.
9) Limit employee access to data, limit authority to install software:
Employees must only be granted access to the specific data systems needed for their jobs. They should not be allowed to install any software without permission.
10) Passwords and authentication:
Ensure employees follow strong password protocols and change them frequently. Consider using MFA or 2FA.
Educating employees about cybersecurity is extremely crucial and by providing adequate training, risks can be avoided or mitigated. Effective training should be conducted on a regular basis. Moreover, the right technology, hardware, software and systems can offer the extra layer of protection. Employees should be encouraged to raise a red flag on spotting a security breach or flaw in the system. This can be critical in controlling breaches significantly.
A solid patch management method is necessary to address loopholes. Besides this, anti-malware solutions and good data recovery strategies must be in place. The use of firewalls, proxies, application gateways must be seriously considered and implemented.
Keeping the above mentioned factors in mind, one must always understand that cyber-attacks may happen anytime. Hence, firms should always be prepared for challenges. With a concrete cybersecurity strategy in place, firms can be more secure in their daily operations and interactions. One must never be complacent with the existing measures to tackle cyber related problems. Rather a constant vigil along with robust strategies must be maintained against security vulnerabilities.
To learn more on cyber laws join my Online 10 lecture series starting from 12th November, 2021. Register before 21st October to avail 10% Early Bird Discount on Course Fee. For schedule of lecture and all other details and to Register please click here : https://www.soolegal.com/cyber-space-and-laws-governing-it OR Click on the banner appearing on this page
Speedy Trial in Covid Era : Role of Electronic Evidence in Latest Murder Case: BRIEF FACT OF THE CASE:On 26-10-2020 at about 19:00 hrs. English Bazar PS had received an information regarding a person read more
Speedy Trial in Covid Era : Role of Electronic Evidence in Latest Murder Case:
BRIEF
FACT OF THE CASE:
On
26-10-2020 at about 19:00 hrs. English Bazar PS had received an information
regarding a person who was found lying in naked condition in his railway
quarter, blood was oozing out from his mouth, face and nose and later the
victim was declared as dead. Thereafter, a case was started and during
investigation, I.O. seized some articles
along with one blue coloured button with orange thread and one gamcha.
During investigation it was
found that one of the accused persons lastly talked to the victim over his
phone at about 12:04PM being present near the house of victim on the date of
incident. Thereafter, the I.O. along with force raided at the houses of the
accused persons wherein they confessed their guilt of murder of Victim by
manual strangulation with help of a gamcha, because the victim used to have
homo-sex with one of the accused persons forcefully. Even Victim recorded a
video of their homo-sex in his phone, with which he used to blackmail the accused
person to have homo-sex on repeated occasion. The accused person also revealed that they
took away the said phone which was used by another accused person putting his
SIM card inside the said phone and during investigation the said phone was
recovered from him.
Later one sky blue coloured shirt was seized
by the I.O. from the house of one of the accused persons, the buttons of
the blue shirt were found missing at the time of seizure. Subsequently, the
blue button with orange thread which was seized from the P.O. on the date of
incident and the blue shirt seized from the house of accused
person matched together by the CFSL expert.
Furthermore, during the
medico-legal examination of the accused person, one bite mark was found on the
ulnar side of his left hand which was made by the victim at the time of
incident.
A prima facie charge u/s 302/34 IPC has been
well established against both the accused persons, 1 and 2. both of the
same district.
After the receipt of CFSL report,
reply from the telecom authorities and Report of Viscera respective
supplementary Charge Sheets have been submitted u/s 173(8) of Cr.PC.
Charge framed on : 3rd July, 2021
Evidence started from: 26th July, 2021
Evidence closed on 18th September, 2021
Arguments of both sides closed on 29th September
Judgement on 7th October, 2021.
The circumstances relied upon:
The circumstances relied upon by the
prosecution in this case to establish the guilt of the accused persons can be
enumerated in below:
1.
Death of the deceased was
due to manual strangulation and homicidal and
ante-mortem in nature.
2.
The discovery and seizure of
button along with orange thread which matched with the shirt seized from the
possession of the accused person 2.
3.
The victim was last seen
together with both the accused persons which was proved electronically.
4.
The seizure of gamcha and
other wearing apparels and the naked dead body of the victim in the P.O.
witnessed by various witnesses; The naked dead body provides evidence of sexual
activities prior murder.
5.
The CCTV footage wherein it
is found that both the accused persons were heading towards the Railway Colony,
Kalibari which is the P.O.
6.
The seizure of mobile phone
of the victim from the possession of the accused person namely accused person 2.
7.
From the CDR of both the
mobile connections of the victim and the accused person 1, it is evident that
prior the murder the last call received by the victim was from the accused
person 1 and thereafter the mobile phone of the victim was taken by the accused
persons and the existing SIM of the victim was dislocated and resulting
switched off of the victim’s number. On the other hand, another sim registered
in the name of accused person 2 was
inserted in the said mobile phone of Victim which is evident from the IMEI
search of the victim’s mobile and CDR of of the mobile number of accused person 2.
8.
The explanation given at the
time of giving statement under section 313 Cr.P.C. by the accused persons.
9.
The then existing grudge and
frustration of accused persons on the victim to get away from this blackmailing
of this sexual torture at any cost.
10.
The relationship of the
latitude and longitude of the P.O. and the latitude and longitude of cell IDs
of mobile number of victim and the accused person namely accused person 2
showing the proximity of the location of the victim and the accused person 2 at
the Place of occurrence at the relevant time.
11.
As per the PW-3 being the
autopsy surgeon, the process of strangulation, whether by hand (manual), or by
ligature, results in blunt force injury of the tissues of the neck.
12.
As per the PW-3 the injury number
6, 9 and 8 of the post-mortem report (Exhibit No. - 9) was inflicted to
incapacitate the victim.
13.
As per the PW-3 the injuries
in the mouth of the victim could be the result of strangulation.
14.
As per the PW-3 it appears
from the injuries that the body of the victim was on the hard surface of the
floor as well as it also appears from the injuries that more than one accused
person was present at the P.O. during the commission of offence on 26-10-2020.
15.
As per the PW-3 the victim
may also leave bite marks on the body of the accused to resist attack.
16.
The
injury numbers 3 and 7 of post-mortem report (Exhibit
No. - 9) may
be the result of prohibiting the victim by the assailants to make any movement
or forward any resistance. Regarding the injury nos. 6, 8 and 9 of post-mortem
report (Exhibit No. - 9)
may be the result of the force applied by the assailants to stop or prohibit
the victim from crying or shouting or raising any voice.
17.
Prior the murder the victim
was alone in his quarter as he was on the verge of retirement due to which he
shifted his family to his native place 15 days ago, this fact came repeatedly
through various witnesses.
18.
As per the PW – 8 being the
then medical officer of Malda Medical College and Hospital, the accused person
1 had one bite
mark on ulnar side of his left hand which was made by
the victim during the commission of offence on 26-10-2020.
19.
False and contradictory
statements given by both the accused persons u/s 313 Cr.P.C.
20.
Admission of hatred, agony
and insult towards the homo-sexual activity by the victim with the accused
person 1.
21.
Forensic evidence specially
from the extracted data of the victim’s mobile seized from the accused person 2
shows that video could not be recovered or undeleted from the said phone
proving the fact that during the custody of the phone under the accused person 2
26-10-2020 till the date of seizure i.e. 31-10-2020, the accused persons got
ample opportunity to delete the video and might have deleted the same. The
extracted data also shows the prove of usage of the victim’s mobile by the
accused persons.
22.
Various circumstances
proving the existence of conspiracy and its object, specially from the accused
persons involved in the conspiracy. The nature of murder involved in the
present case clearly proves the transmission of thoughts sharing the unlawful
design made by and between both the accused persons in this case.
The charge of the case was
framed on 03.07.2021 and evidence started on 26.07.2021 and Judgement
pronounced on 07/10/2021.
Both the accused persons
were convicted with life imprisonment u/s 302/120B/34 IPC alongwith Rs.
10,000/- each.
VARIOUS ELECTRONIC EVIDENCES:
1) The CDRs and SDRs of all two crucial
phone numbers of victim – it provides a crucial
Linkage in the prosecution case,
namely last call with one of the accused persons and the time from when the
mobile number became switched off. The decoded tower location of the victim’s
number shows the presence of the victim near the place of occurrence.
2) The CDRs and SDRs of two crucial phone numbers of accused person– it provides a crucial linkage in the prosecution case, namely last call with victim. The decoded tower location of the accused’s number shows the presence of the accused near the place of occurrence.
3) The IMEI number of the victim together with CDRs of both victim and the accused person show that till 12.04 pm on 26.10.2020, the phone was used by Victim and thereafter till 31.10.2020 it was used by accused persons, until it was seized from accused person 2.
4) The relationship between the latitude and longitude of the place of occurrence and cell-Ids of two CDRs of two mobile numbers, one is of victim and other is of one of the accused persons shows that both the accused person and victim were near the P.O. at the probable time of murder.
5) The photographs – The photographs of the victim in the place of occurrence and the surroundings of the P.O. on 26.20.2020 provide the injuries inflicted upon the body of the victim, the naked condition of the body supporting the sexual activities prior murder and the presence of seized articles, specially the blue button left by one of the accused person in the P.O. arising out of the struggle prior homicidal death of the victim.
ROLE
OF FORENSIC EVIDENCE:
CFSL Expert
opinion:
The exhibit-A (button) and button marked B1 ((removed in the
laboratory from exhibit-B)) were found to be similar and exhibit-A (button)
could have been part of exhibit-B.
The Extracted Data from the Victim’s Red Oppo
Mobile by CFSL
Keyword ‘xxx’(Mobile number of accused person.) is found in the ‘SMS Messages’ section of ‘M1 REPORT’. However, no deleted video could be recovered by available tools and methods in this laboratory as per query.
The Hon’ble High Court at Bombay in the case of Aryan Shah Rukh Khan vs The Union of India & Anr. (BA-3624-2021) vide its Order dated 28-10-2021 allowed bail to Aryan Shah Rukh Khan, Arbaz Merchant read more
The Hon’ble High Court at Bombay in the case of Aryan Shah Rukh Khan vs The Union of India & Anr. (BA-3624-2021) vide its Order dated 28-10-2021 allowed bail to Aryan Shah Rukh Khan, Arbaz Merchant and Munmun Dhamecha with total of 14 conditions.
Recently, in the matter of Cruise Ship Drug Case, Aryan Khan, Arbaz Merchant and Munmun Dhamecha (Accused) were arrested on 03.10.2021 by Officers of the Narcotics Control Bureau (NCB) for their involvement in consumption, sale, purchase and attempt to commit offences under Sections 8(c) read with 20(b), 27, 28, 29 and 35 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act, 1985’) in C. R. No. 94/2021.
Initially, Bail Applications were filed by the Accused in C.R. No. 94/2021 before the Court of Additional Chief Metropolitan Magistrate, Esplanade, Mumbai (‘Metropolitan Magistrate’). The Metropolitan Magistrate, vide its Order dated 08-10-2021 rejected the Bail Applications as not maintainable in view of the Section 36A of the NDPS Act, 1985 which provides for offences triable by Special Courts. Read more at: https://theindianlawyer.in/bail-under-narcotic-drugs-and-psychotropic-substances-act-1985-to-be-granted-by-the-court-of-sessions/
Thereafter, the Court of the Special Judge for N.D.P.S. Cases at Greater Mumbai in the matter of Aryan Shah Rukh Khan versus the Union of India through N.C.B. (NCB/MZU/CR-94/2021) vide its Common Order dated 20-10-2021 rejected the Bail Applications filed under Section 439 of the Criminal Procedure Code, 1973 by Aryan Shah Rukh Khan, Arbaaz A. Merchant and Ms. Munmun Amit Kumar Dhamecha. Read more to know why, at: https://theindianlawyer.in/aryan-khan-bail-rejected-by-special-judge-mumbai/
Consequently, the Accused filed Bail Applications before the Hon’ble High Court at Bombay (High Court). The High Court vide its Order dated 28-10-2021 directed the Accused to be released on bail in C.R. No.94 of 2021 for offences punishable under the NDPS Act, 1985 on the following conditions:-
To read more, please visit the link below:
https://theindianlawyer.in/bombay-high-court-grants-conditional-bail-to-aryan-khan/
#bombayhighcourt #aryankhan #shahrukhkhan #bail
A three Judge Bench of the Supreme Court comprising of Justices, Dr Dhananjaya Y Chandrachud, Vikram Nath and B V Nagarathna passed a Judgment dated 29-10-2021 in Sarabjeet Singh Mokha vs The District read more
A three Judge Bench of the Supreme Court comprising of Justices, Dr Dhananjaya Y Chandrachud, Vikram Nath and B V Nagarathna passed a Judgment dated 29-10-2021 in Sarabjeet Singh Mokha vs The District Magistrate, Jabalpur & Ors., wherein the Apex Court discussed the provisions of preventive detention and protections to undertrials and detainees in India.
In this case, an FIR bearing No. 252/2021 was registered at Omti Police Station, Jabalpur on 10-05-2021 against Dr. Sarabjeet Singh Mokha, Director of City Hospital, Jabalpur (Appellant herein) for conniving with others in procuring 500 fake Remdesivir injections from Indore worth Rs. 15 Lakhs and administering the same to 50 patients at the City Hospital on 30-04-2021, in order to make illegal profits, thereby endangering the lives of the patients.
The FIR was registered under the following provisions of law:
On 11-05-2021, the Superintendent of Police made a request to the District Magistrate seeking permission to take action against the Appellant under the National Security Act 1980 (NSA). The District Magistrate passed an Order dated 11-05-2021 under Section 3 (2) of NSA, thereby detaining the Appellant for a period of three months (Detention Order) on various grounds including (i) administering spurious Remdesivir injections to patients which resulted in their untimely deaths, (ii) use of fake bills to procure spurious Remdesivir injections, (iii) cheating patients for administering fake essential drugs, etc.
The Appellant was then detained on 12-05-2021 in pursuance of the Detention Order. Thereafter, on 13-05-2021, the Government of Madhya Pradesh approved the Detention Order and also submitted a Report to the Government of India in that regard.
The relevant provisions of NSA applicable in this case are reproduced below:
3.Power to make orders detaining certain persons.—
(2) The Central Government or the State Government may, if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the security of the State or from acting in any manner prejudicial to the maintenance of public order or from acting in any manner prejudicial to the maintenance of supplies and services essential to the community it is necessary so to do, make an order directing that such person be detained.
Explanation.—For the purposes of this sub-section, “acting in any manner prejudicial to the maintenance of supplies and services essential to the community” does not include “acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community” as defined in the Explanation to sub-section (1) of section 3 of the Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (7 of 1980), and accordingly, no order of detention shall be made under this Act on any ground on which an order of detention may be made under that Act.
(4) When any order is made under this section by an officer mentioned in sub-section (3), he shall forthwith report the fact to the State Government to which he is subordinate together with the grounds on which the order has been made and such other particulars as, in his opinion, have a bearing on the matter, and no such order shall remain in force for more than twelve days after the making thereof unless, in the meantime, it has been approved by the State Government:
Provided that where under section 8 the grounds of detention are communicated by the officer making the order after five days but not later than fifteen days from the date of detention, this sub-section shall apply subject to the modification that, for the words “twelve days”, the words “twenty days” shall be substituted.
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#supremecourt #preventivedetention #detention #undertrial #covid #remdesivir #fake
A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices M.R. Shah and A.S. Bopanna passed a Judgment dated 28-10-2021 in the case of Sripati Singh (since deceased) His Son Gaurav read more
A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices M.R. Shah and A.S. Bopanna passed a Judgment dated 28-10-2021 in the case of Sripati Singh (since deceased) His Son Gaurav Singh v. The State of Jharkhand & Anr. {Criminal Appeal Nos. 12691270 of 2021 (Arising out of SLP (Criminal) No.252253/2020)} held that the #dishonour of #cheque issued as a #security will also be an offence under Section 138 of the Negotiable Instruments Act, 1881 (#NIAct).
For reference Section 138 of the N.I. Act is reproduced as follows:
Dishonour of cheque for insufficiency, etc., of funds in the account. —Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for [a term which may be extended to two years], or with fine which may extend to twice the amount of the cheque, or with both: Provided that nothing contained in this section shall apply unless—
a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;
b)
the
payee or the holder in due course of the cheque, as the case may be, makes a
demand for the payment of the said amount of money by giving a notice in
writing, to the drawer of the cheque, [within thirty days] of the receipt of
information by him from the bank regarding the return of the cheque as unpaid;
and
c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.
Explanation.— For the purposes of this section, “debt or other liability” means a legally enforceable debt or other liability.
In the instant case, Respondent No.2 and the Appellant had known each other as the daughter of the Appellant and Respondent No. 2 were pursuing their education together in London. After returning to India, the Respondent No. 2 settled in Bangalore and the cordial relationship amongst the families continued. Thereafter, Respondent No. 2 came to know that the Appellant was involved in business and approached him at Daltonganj for seeking financial assistance to the tune of Rs.1 Crore so as to enable the Respondent No. 2 to invest the same in his business. Since the Respondent No. 2 assured that the same would be returned, the Appellant advanced a total sum of Rs. 2 Crores between January 2014 to July 2014. The said amount was transferred from the account of the Appellant and his daughter. Towards the said transaction, the Parties entered into four Agreements thereby acknowledging the receipt of the loan.
The Respondent No. 2 gave an assurance that the amount would be returned during June/July 2015. Towards the same, three cheques amounting to Rs. 1 Crore was handed over to the Appellant. Thereafter, three more cheques for Rs. 1 Crore were also given. The Appellant met Respondent No. 2 in the month of July 2015 and the Respondent No. 2 assured him that the amount will be repaid during October, 2015. Based on such assurance, the Appellant presented the cheques for realisation on 20-10-2015. On presentation, the said cheques were returned due to ‘insufficient funds’ in the Bank Account of Respondent No.2.
To read more, please visit the link below:
#supremecourt #dishonour #cheque #security #negotiableinstrument
Enhancing Password Security: Passwords are often considered to be secure unless it is cracked. This is more common than ever before. Hackers attempting to steal information by cracking passwords read more
Enhancing Password Security:
Passwords are often considered to be secure unless it is cracked. This is more common than ever before. Hackers attempting to steal information by cracking passwords is certainly not unheard of. So, what are the ways that one can adopt to ensure more password secure practices?
Experts suggest that passwords should be changed every 30 to 60 or 90 days. It is not surprising that many financial institutions force customers to change their mobile banking passwords often. It is alarming to note that many do not change their passwords and even reuse the same for multiple accounts. This is extremely dangerous and can lead to security breaches, identity theft, unwanted access etc.
Today, most websites have changed their password management rules. Passwords have become complex but at the same time methods to breach them also improve. It does not matter if you have latest software, if you are unable to monitor passwords on a regular basis you are at risk. Cyber security experts assert that if one uses strong and unique combinations, frequent changes to passwords are not necessary.
Therefore, it is wise to use a password manager like 1Password, Norton’s password manager, Last Pass and the like. These are not the only good managers out there, but they are easy to learn and have a great customer support backup team. One need not understand hashing or AES-256 encryption. If your password manager’s servers are hacked (worst case scenario), your passwords will still remain safe as it is unreadable to anyone who doesn’t have your master password. The mentioned password manager software are quite transparent regarding their security processes. One can visit their sites to know more.
The first step while using a manager is to initiate a master password. This will control access to your entire password database. You only need to remember this password, so one should make it as strong and secure as possible. Password managers also protect against phishing attacks as they fill out account information based on registered web addresses. It is really important for all online users to have a password manager to secure their data from identity theft and breaches.
A few reasons to use a password manager software are listed below:
1) No need to remember all your passwords
2) Auto-login is enabled, or copy paste username and password
3) Storage is encrypted
4) Same tool on different operating systems
5) Access your password from your mobile
6) Generates a unique password
7) Ability to store unlimited number of records
8) Carry it in a USB drive
9) Easy to use and user-friendly
10) It is usually free
When should one consider changing passwords?
I. After a security breach
II. On suspicion of unauthorised access
III. On discovery of malware or other unwanted software
IV. If one grants shared access
V. If one logs in at public places
Some good password security practices are:
a) Always use a password manager
b) Audit your passwords regularly
c) Change weak, compromised or recycled passwords immediately
d) Ensure priority for sensitive accounts
e) Adopt Multi-Factor Authentication (MFA) or Two-Factor Authentication (2FA)
f) Change passwords a couple of times a year
g) Avoid enabling auto login for financial related websites such as PayPal or other banking websites.
h) Do not use personal information for passwords
i) Create longer passwords
j) Modify easy to remember phrases
k) Do not type passwords on devices or networks you do not control
l) Use different passwords for different accounts (Important)
Regular auditing of passwords is a low-cost mechanism to ensure user don’t unintentionally expose themselves to risk. Moreover, it also helps to develop a culture of security awareness and provide quantifiable data that demonstrates improvement in good security practices over time. One can invest in a good auditing tool which is effective and efficient. In fact businesses are investing millions of dollars to secure systems.
To ably manage passwords is a responsibility for both individuals and businesses. Without secure passwords and auditing, it becomes much easier to be a victim to cyber-crimes. This can prove to be a costly affair too. Hence, one must make sure to use a systematic password management software to protect personal information and their identity.
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A three-Judge Bench of the #SupremeCourt recently passed a Judgment dated 21-10-2021 in the #Journalist, #GauriLankesh #murder case titled as, Kavitha Lankesh vs State of Karnataka and Others, and reiterated read more
A three-Judge Bench of the #SupremeCourt recently passed a Judgment dated 21-10-2021 in the #Journalist, #GauriLankesh #murder case titled as, Kavitha Lankesh vs State of Karnataka and Others, and reiterated the factors to be considered by a competent Police Authority, while giving #priorapproval to an Investigating Officer to invoke the provisions pertaining to organized crime under the Karnataka Control of #OrganisedCrimes Act 2000 (Organised Crimes Act).
In this case, a leading Journalist, Late Gauri Lankesh was killed by unknown assailants near her house in Rajarajeshwari Nagar, Bengaluru on 05-09-2017. Her sister, Kavitha Lankesh lodged a complaint with the Rajarajeshwari Nagar Police Station (Complaint). The said Complaint was registered as FIR No. 221/2017 dated 05-09-2017 against one, Mohan Nayak N. (Accused) for offences punishable under Section 302 of the Indian Penal Code 1860 (IPC) (Punishment for murder) and Section 25 of the Arms Act, 1959 (Punishment for certain offences) (Arms Act). The investigation was later handed over to the Special Investigating Team (SIT) on 06-09-2017.
A preliminary chargesheet was filed against the Accused on 29-05-2018. The matter came up before the City Civil and Sessions Judge in CC No.14578 of 2018. The Accused was arrested on 18-07-2018 for the said crime. During the investigation, it was found that the other accused persons in Special CC No.872 of 2018 were also involved in organizing the crime as a syndicate, for which punishment under Section 3 of the Organised Crimes Act (Punishment for organized crime) would be attracted.
The SIT submitted its report to the Chief Investigating Officer, who then sought permission from the Commissioner of Police, Bengaluru to invoke Section 3 of the Organised Crimes Act. Thereafter, the Police Commissioner issued a Communication dated 14-08-2018 and accorded prior approval under Section 24 (1) (a) of the Organised Crimes Act, for invoking Section 3 of the Organised Crimes Act, in respect of the crime mentioned in FIR No. 221/2017:
Section 24. Cognizance of and investigation into an offence:
(1) Notwithstanding anything contained in the Code,
(a) No information about the commission of an offence of organized crime under this Act shall be recorded by a police officer without the prior approval of the police officer not below the rank of the Deputy Inspector General of Police
After completion of investigation, the Additional Director General of Police and the Police Commissioner accorded sanction under Section 24 (2) of the Organised Crimes Act.
Section 24. Cognizance of and investigation into an offence:
(2) No Special Court shall take cognizance of any offence under this Act without the previous sanction of the police officer not below the rank of an Additional Director General of Police
In the Final Police Report dated 23-11-2018 filed before the Special Court, Bengaluru, further charges were invoked under the Arms Act and the Organised Crimes Act. Additional chargesheet was also filed before the Principal City Civil and Sessions Judge in Special CC No.872 of 2018 against various accused persons including Mohan Nayak N. The Court took cognizance on 17-12-2018.
To read more, please visit the link below:
#supremecourt #organisedcrime #journalist #gaurilankesh #murder
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"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.
YOU HAVE AGREED TO THIS TRANSACTION TERMS BY CLICKING THE AGREE BUTTON