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A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices Dr Dhananjaya Y Chandrachud and B V Nagarathna passed a #Judgment dated 20-10-2021 in the case of State of Gujarat & read more
A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices Dr Dhananjaya Y Chandrachud and B V Nagarathna passed a #Judgment dated 20-10-2021 in the case of State of Gujarat & Anr.v. Narayan @ Narayan Sai @ Mota Bhagwan Asaram @ Asumal Harpalani 2021 SCC Online SC 949 and held that the release of a #prisoner on #furlough is not a legal right.
The Supreme Court has explained the difference between #parole and #furlough as follows:
i) Furlough and parole envisage a short-term temporary release from custody;
ii) While parole is granted for the prisoner to meet a specific exigency, furlough may be granted after a stipulated number of years have been served without any reason;
iii) The grant of furlough is to break the monotony of imprisonment and to enable the convict to maintain continuity with family life and integration with society;
iv) Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough;
v) The grant of furlough must be balanced against the public interest and can be refused to certain categories of prisoners.
In the present case, on 6-10-2013 an FIR was registered against the Respondent at Jahangirpura Police Station for offences under Sections 376(2)(c), 377, 354, 344, 357, 342, 323, 504, 506(2), 120-B, 212, 153 and 114 of the Indian Penal Code, 1860 (IPC). Vide Judgment dated 30-04-2019 the Sessions Court convicted the Respondent.
Thereafter, vide Order dated 02-12-2020 of the High Court of Gujarat (High Court) the Respondent was released on temporary bail for a period of three weeks on 16-04-2015 and for a period of two days on 15-02-2019. The Respondent was then granted furlough from 5-12-2020 for a period of fourteen days. Subsequently, due to the ill-health of his mother, the Respondent was released on temporary bail from 31-01-2021 to 03-02-2021.
On 17-03-2021, the Respondent filed an Application for furlough through the Surat Lajpore Central Jail. However, on 08-05-2021 the Director General of Police, Jail and Reformative Administration rejected the Application on the following grounds:
To read more, please visit the link below:
https://theindianlawyer.in/supreme-court-explains-the-difference-between-parole-and-furlough/
#supremecourt #parole #furlough
The Hon’ble #SupremeCourt of India in the case of Nitaben Dinesh Patel vs Dinesh Dahyabhai Patel (2021 SCC OnLine SC 902) vide its #Judgment dated 07.10.2021 held that only those claims which can be prayed read more
The Hon’ble #SupremeCourt of India in the case of Nitaben Dinesh Patel vs Dinesh Dahyabhai Patel (2021 SCC OnLine SC 902) vide its #Judgment dated 07.10.2021 held that only those claims which can be prayed and/or granted under the #HinduMarriageAct, 1955 can be claimed by way of #CounterClaim as per Section 23A (Relief for respondent in #divorce and other proceedings) of the Hindu Marriage Act, 1955.
In the present case, one Nitaben Dinesh Patel (the ‘Appellant’) got married to Dinesh Dahyabhai Patel (the ‘Respondent’) in 1987. Out of the said wedlock, they had a child in 1990. Disputes arose between the Respondent-Husband and the Appellant-Wife. As a result, the Respondent filed a Hindu Marriage Petition No. 862/2007 before the learned Family Court under Section 13 of the Hindu Marriage Act, 1955 (the ‘Act, 1955’) for dissolution of marriage, mainly on the ground that the Appellant-Wife is guilty of cruelty. The Appellant-Wife filed a Reply in the matter and accordingly, Rejoinder was filed by the Respondent. The Appellant stated in her Reply that the Respondent is cohabiting with another woman, openly moves around with the said woman and introduces the said lady as his new wife. It was further stated that he also travels not only in the country but abroad with her. Since the Respondent-Husband wants to marry the said woman, a false and fabricated story is placed before the Court against the Appellant.
The Respondent stated in his Rejoinder that the said lady is a manager in the hospital run by him and she is looking after the hospital and accounts as her job, which has nothing to do with the present dispute between the Parties.
Later, the Appellant got to know that the Respondent had already married the said lady in 2006 and had suppressed this fact from the Court. As a result, the Appellant before the Family Court filed an Application for Amendment of Counter Claim and sought permission to add new paragraphs numbered as 35, 36, and 37 as per Section 23A (Relief for respondent in divorce and other proceedings) of the Act, 1955.
The Appellant in the Counter Claim prayed (Para 37) that the marriage solemnized on 14.12.2006 between the Petitioner-Respondent herein with Hina Manubhai Panchal be declared as illegal, void and voidable. Further, to declare that Hina Panchal is not the legal wife of the Petitioner-Respondent herein and also declare that the Petitioner is living with Hina Panchal in adultery. And to further declare that son Dev, born out of the said Wedlock is an illegitimate child of the Petitioner.
The learned Family Court vide its Order dated 08.05.2018 partly allowed the Application for amendment and allowed the amendments by permitting the Appellant-Wife to only incorporate Paras 35 and 36 in the Written Statement. However, the Court refused to permit the Appellant-Wife to amend the Written Statement to incorporate Para 37.
The Appellant challenged the Family Court Order dated 08.05.2018 and filed Special Civil Application (SCA) before the High Court of Gujarat at Ahmedabad (the ‘High Court’). The High Court vide its Judgment dated 27.09.2019 dismissed SCA No. 11379/2018 on the ground that the amendment could not be allowed at this belated stage. However, the High Court in the impugned Judgment and Order has observed that the Appellant can file a separate suit seeking for a declaration that the second marriage of the Respondent-Husband as void.
The Appellant challenged the High Court Judgment dated 27.09.2019 before the Supreme Court of India. The Supreme Court noted that the proposed prayer in terms of Para 37, to declare that the second marriage between the Respondent-Husband and Hina Panchal is illegal, void and voidable, was prayed by way of Counter Claim and for that Section 23A (Relief for respondent in divorce and other proceedings) of the Act, 1955 was relied upon.
The main issue before the Supreme Court was whether the Appellant could have claimed the relief sought qua Para 37 by way of counter claim in a Divorce Petition filed by the Respondent for dissolution of the marriage?
To read more, please visit the link below:
#supremecourt #declaration #marriage #void #hindumarriage
EARLY DISPOSAL OF PENDING CIVIL CASES – DIRECTIONS FROM THE HIGH COURT The Civil Procedure Code, 1908, controls the civil procedure of courts in India. The unified Code in civil court procedure has read more
EARLY DISPOSAL OF PENDING CIVIL CASES – DIRECTIONS FROM THE
HIGH COURT
The Civil Procedure Code, 1908,
controls the civil procedure of courts in India. The unified Code in civil
court procedure has allowed several suits to stay for decades. In most cases,
the only need for the Judge is to record reasons in writing. Section 148 of CPC
gives power to the Court to enlarge the time
fixed by it with regard to an act prescribed or allowed by the CPC.
What is
the typical timetable for a civil claim?
Once a plaint has been filed, the
summons is issued to the defendant to appear and defend the claim and file his
statement of defence within 30 days from the date of service of summons. A
summons is an intimation sent to the other party (defendant), delivered
through an officer of the Court, but the Court may allow service by registered
post with a due acknowledgement, approved courier services, fax or email. Every
summons must be sent with a copy of the plaint and should be signed by the Judge
or other officer decided by the Judge and sealed with the seal of the Court.
After the receipt of the summons,
the defendant should appear before the Court either in person or through an
advocate on the date mentioned in the summons. If the statement of defence is
not filed within 30 days of receipt of the summons, the defendant can be granted
an extension but should not be later than 90 days from service of summons.
These timelines have not been held compulsory by the Supreme Court and, if
sufficient cause can be shown, courts may even extend the timelines.
If the defendant declines to
accept service of summons or cannot be found, service may be affected by attaching
a copy of the summons on the outer door or another conspicuous part of the
house where the defendant lives, carries on business or works for gain. If a
defendant does not appear before the Court on the returnable date mentioned in
the summons, the Court may go on to hear the plaintiff and move to pronounce a
judgment in the non-appearance of the defendant.
Statutory Timelines for Filing a Defence
In the Salem case,
the Supreme Court has stated that the time limit stated under Order 8, Rule 1,
to file written statements in ordinary civil suits is directory and not compulsory.
The R.N. Jadi case mentioned that
Order 8, Rule 1, modified by the 2002 CPC amendment, mentioning a time limit of
90 days for filing a written statement, was directory and not mandatory by quoting
an earlier precedent. Explaining the statutory time limit of 90 days to file a
written statement into a mere directory guideline reopened the flood-gates of
delay. Not filing a written statement in time is still a favourable strategy to
delay a civil suit in Indian Courts.
Delayed
Justice
Any debate regarding the Indian legal
system meets a big issue of delays in courts. The government tries to have the
best possible law they can, but if the management of a statute’s legal remedies
requires treacherous delays, the basic form and function of a statute dies. Major
reasons for the delay in judgements can include shortage of judges, adequate
infrastructure, lack of facilities for e-filings and live transcription, poor
case management, etc.
Can the parties manage
the timetable for a Civil Claim?
The Commercial Court should have a management of hearing not
later than four weeks from the date of filing the affidavit of admission and
denial of documents by the parties. While setting the timelines, the Commercial
Court needs to make sure that the arguments are closed not later than six
months from the date of the first case management hearing.
The Civil Procedure Code controls the
process, and the courts can extend the timelines to a certain extent. Parties
cannot control the procedure or timetable. However, by way of an amendment in
the CPC, the Commercial Courts Act introduced Order 13A, which allows parties
to apply for a summary judgment at any stage before framing issues.
Case
Law
The Apex court bench of judges Sanjay
Kishan Kaul and R Subhash Reddy instructed lawyers to restrict oral reasoning
to 30 minutes and submission work on a law to three pages. The Court gave this verdict on a petition filed by
Yatin Narendra Oza, a veteran lawyer from Gujarat who was removed from the
designation of the senior advocate after commencement of contempt affairs
against him by the Gujarat High Court.
The Apex Court, in a judgement in Asian
Resurfacing of Road Agency Pvt. Ltd. and Anr. v. CBI has stated that any order
of stay on the civil or criminal proceedings will not go for more than six
months unless the extension is granted, and the trial court may go in the case
without waiting for sanction from the higher Court if the stay is not extended
after that.
Procedure to move to H.C. for fast
disposition of a case
In the case of Anil Rai vs the State of
Bihar, the SC has pointed out that parties can file an application letter in
the High Court requesting an early judgment if it’s not delivered in three
months of it being reserved. If it’s not delivered for more than six months
after being kept reserved, parties have the full right to have it re-heard
before a distinct bench of the High Court.
Being a part of remedial measures, the Court,
in this case, issued a few directions:
ü The
Chief Justice of the High Court can make directions to the Registry in a case
where the judgment is kept reserved and is pronounced sometime later. A section
can be added in the judgment, on the first page, after the cause-title date of
reserving the judgment, and the date of pronouncing it, stated separately by
the concerned court officer.
ü That
Chief Justice of the High Courts, on their administrative side, should ask the
Court Officers of the various Benches in the High Courts to furnish every month
the list of cases where the judgments reserved are not pronounced within the
time of that month.
ü After
the closure of the arguments, the judgment is not pronounced in the period of
two months, and the concerned Chief Justice should draw the attention of the
Bench concerned to the pending matter.
ü When
a judgment is not expressed within three months from the date of reserving the
judgment, any of the parties in the matter is permitted to file an application
in the High Court asking for early order. This application would be listed
before the Bench concerned within two days, excluding the intervening holidays.
ü If
the judgment is not stated within a period of six months, any of the parties of
the said list should be entitled to move an application before the Chief
Justice of the High Court with a prayer to pull out the said case and to make
it over to any other Bench for fresh arguments.
Application
to Higher Courts
An
early hearing application can be moved to the higher Court to dispose of the
case within a certain time limit. The higher Court can give directions to the
subordinate Court to dispose of the case in a quick manner, and it can even
give a certain time limit to conclude the case.
The application should clearly state what can be the reason for the
delay, and it should request the Court to give directions for a fast and early
judicial order. After getting the directions, the Judge considers the case a priority
and tend to avoid giving any further dates for the hearing and tries to dispose
of the case as early as possible.
However, such an application can only be moved when the case is pending
before the Court for a sufficient amount of time. The stage of the case also
matters a lot as the application can only be moved when evidence has already
been collected, cross-examination has been done, and the case has reached its
final argument stage. Article 227 of the Constitution of India
expresses that every High Court should have command over all the courts and
tribunals in the territories regarding which it exercises jurisdiction
Conclusion
Every
person wishes for a right to a speedy
trial, and refusal to timely justice leads to no
justice. Pendency of cases for an extended time
defeats the entire idea of justice and
loses people’s confidence within the judiciary.
There are some cases that have been pending in the Courts for more than ten or
maybe 20 years. The alteration brought by the Amendments in 1999 and 2002 to
the CPC is fundamental in nature yet have sweeping results in the working of
Civil Courts in the nation if they’re properly
followed. How long should it take to eliminate a case depends upon the facts and
circumstances of every case. It is not
suggested that justice is served quickly, but it should be with the proper
observation by following the procedures of the Code and disposing of the case
by the Judges only after considering the material evidence and due hearing in
every case.
*****
The Court of the Special Judge for #NDPS. 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 read more
The Court of the Special Judge for #NDPS. 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 #AryanShahRukhKhan, #ArbaazAMerchant and Ms. #MunmunAmitKumarDhamecha.
The Court of the Special Judge for #NDPS. 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 #AryanShahRukhKhan, #ArbaazAMerchant and Ms. #MunmunAmitKumarDhamecha.
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.
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/
Consequently, the Accused filed Bail Applications before the Special Judge for N.D.P.S. Cases at Greater Mumbai, on 09-10-2021, which was titled as Aryan Shah Rukh Khan (the ‘Applicant’) versus the Union of India through N.C.B. (the ‘Respondent’).
The first ground of Bail sought by the Applicant is absence of recovery from him. It was further contended that there is no nexus between the Applicant and with the other Accused with recovery of contraband as the Applicant did not having knowledge about the contraband. Moreover, it was argued that the recovery of contraband from other Accused cannot be said to be recovery from “conscious possession” of the Applicant.
However, the Court upon perusal of papers observed that the Applicant and other Accused were friends since a long time as per the voluntary statements of the Accused and it was disclosed that they possessed the said substance for their personal consumption and for enjoyment. The Court held that therefore, all these things go to show that Applicant was having knowledge of the contraband that was concealed by the other Accused. The Court said that it can be construed that it was in “conscious possession” of the Accused.
It was also submitted on behalf of the Applicant that the said contraband recovered from the other Accused was not for sale, purchase or for any other purpose, therefore the rigors of Section 37 (Offences to be cognizable and non-bailable) of the NDPS Act, 1985 would not apply and there is no bar to grant bail. It was further submitted that though Prosecution invoked Section 29 (Punishment for abetment and criminal conspiracy) of the NDPS Act, 1985, there is nothing to show nexus of the Applicant with other Accused. In this regard, the Court perused the WhatsApp Chats of the Applicant and observed that it reveals chats about drugs with unknown persons regarding bulk quantity and hard drugs. The Court therefore denied to accept the contentions raised by the Applicant.
To read more, please visit the link below:
https://theindianlawyer.in/aryan-khan-bail-rejected-by-special-judge-mumbai/
#aryankhan #shahrukhkhan #specialjudge #mumbai #bail #drugs #ndps
Significance of Two Factor Authentication (2FA): Two Factor Authentication (2FA) also referred to as 2 step verification or dual factor authentication is gaining more importance among users of the read more
Significance of Two Factor Authentication (2FA):
Two Factor Authentication (2FA) also referred to as 2 step verification or dual factor authentication is gaining more importance among users of the internet. 2FA is fundamentally a security process that enables users to provide two separate authentication factors to verify themselves. For instance, if a user wants to access an email or application, they have to provide a password as the first factor and secondly either a security code or token or biometric element such as fingerprint or facial scan.
The additional layer of security will make it much harder for attackers to access a person’s device and thereby obtain sensitive data. In fact, there are many organisations that are vouching for this type of authentication and have even considered the future 3 Factor Authentication (3FA) that involves possession of a token and password along with biometric data for access. It is interesting to note that Apple ios, Windows OS and Google Android have apps that support 2FA.
With the work from home effect actively in place, it becomes all the more essential to activate 2FA. Many businesses sense the urgency to strengthen their authentication process. Strong authentication with tools such as hardware security keys enhance security without causing the user any inconvenience.
§ Let us look into a few authentication factors:
1. Knowledge factor – It is something that the user is aware of such as a password, PIN or other secret.
2. Possession factor – It can be an ID card, security token, a mobile device or an app for approving authentication requests.
3. Biometric factor – This is also known as Inherence Factor i.e. something inherent in the user’s physical aspect. For example, facial recognition, voice recognition, fingerprint scan, speech patterns, keystroke dynamics, behavioural patterns etc.
4. Location factor – This is denoted by location from where an authentication attempt is initiated. It can be enforced by limiting attempts to certain devices in a particular location. This is where GPS plays a crucial role.
5. Time factor – It restricts users authentication to a particular time frame whereby logging on is permitted and access outside the window is clearly limited.
Generally passwords are often considered weak especially due to advanced levels of hacking. Therefore, with ever increasing attempts to crack passwords, it is only wise that users switch to 2FA. It may seem a hassle at first but one should remember that they cannot allow information to be vulnerable in the cyberspace.
Major Reasons to use 2FA/ MFA:
1) Identity theft is on the rise and is a threat to all businesses. It is one of the fastest growing crimes and has become more profitable than drug-related crimes.
2) Weak or stolen credentials of users are a hacker’s mode of choice to launch attacks.
3) The number of successful breaches have risen and malicious actors are winning the battle.
4) Anti-virus systems and advanced firewalls are essential and user authentication is a must to protect systems from intruders.
5) Password theft is evolving constantly as hackers deploy various methods such as keylogging, phishing, and malicious code.
6) Cyber criminals often destroy sensitive information, change programs and even use servers to transmit spam, code and propaganda.
7) With users taking measures to authenticate themselves, providers of online services like net banking, gaming, social media, email services are adopting mobile based tools to effectively authenticate users while accessing their systems.
How to enable 2FA?
1. The user logs in by the app or website
2. User enters the username and password. Then, the site’s server finds a match and recognises the user.
3. For processes that don’t need passwords, the site generates a unique security key. The authentication tool processes the key, and the server validates it.
4. The site then prompts the user to initiate the second login step. This can take a number of forms and the user has to prove that they have something exclusive to them. It may include biometrics, a security token, an ID card, a smartphone or other device. This is the possession factor.
5. Then, the user may enter a one-time code that was generated during step 4.
6. After providing both factors, the user is authenticated and given access to the app or site.
Undoubtedly, 2FA is a great line of defence. Certainly nothing is 100 percent secure but with a rise in methods for bypassing systems, a two factor authentication will go a long way in enabling a good amount of protection. Companies such as Amazon, Google, Facebook, PayPal, Yahoo and many others have enabled 2FA for users. Hence, netizens should make the most use of it without thinking twice.
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A three Judges Bench of the Hon’ble #SupremeCourt of India comprising of Justices Dr. DY Chandrachud, Vikram Nath and BV Nagarathna, in the matter of Nasib Singh vs State of Punjab and Another [2021 SCC read more
A three Judges Bench of the Hon’ble #SupremeCourt of India comprising of Justices Dr. DY Chandrachud, Vikram Nath and BV Nagarathna, in the matter of Nasib Singh vs State of Punjab and Another [2021 SCC Online SC 924] vide its #Judgment dated 08-10-2021 formulated #principles governing the power of #Courts to direct #retrial, joint trial, and separate trial in a #criminal case.
In this case, an First Information Report (‘FIR’) No. 96/2012 under Sections 363, 366A, 376, 328 and 34 of the Penal Code, 1860 was registered by one, Mr. Nasib Singh, Sub-Inspector (SI), in charge of the Police Station at Ghagga, Badshahpur (the ‘Appellant’) against Mr. Balwinder Singh, Mr. Gurpreet Singh alias Aman and Mr. Sandeep Singh (‘Accused’) on 26-11-2012 for committing sexual assault on the Prosecutrix. On 26-12-2012, the Prosecutrix committed suicide leaving behind a suicide note and named the Accused to be responsible for her decision to end her life. As a result, the Appellant immediately arrested the Accused.
On the other hand, on 26-12-2012, another FIR No. 100/2012 was registered at the same Police Station against the Appellant (Nasib Singh, SI) implicating him with the other Accused in FIR No. 96/2012 for abetting the suicide of the Prosecutrix. It was alleged that though the Appellant received information from the Prosecutrix, no arrest was made and a proper investigation was not conducted. On 31-12-2012, another FIR No. 187/2012 was registered against the Accused for an offence punishable under Section 306 read with Section 34 of the Indian Penal Code (IPC) at Police Station Samana having jurisdiction over the matter.
The Additional Sessions Judge, Patiala, convicted the Accused in the trial and acquitted the Appellant on the ground that there was nothing on record to prove that he had conducted a tainted investigation under FIR No. 96/2012 and FIR No. 187/2012 vide its Judgments dated 29-11-2014 and 29-01-2015, respectively.
The Respondent had filed Appeals against the Judgments dated 29-11-2014 and 29-01-2015 passed by the Additional Sessions Judge, Patiala before the High Court of Punjab and Haryana (‘High Court’). The acquittal of the Appellant was challenged under these Appeals by the Respondent. The High Court vide its common Judgment dated 20-12-2019 disposed off the Appeals. The High Court directed and remitted the matters to the Additional Sessions Judge, Patiala to be tried together, as provided under Section 223 of the Code of Criminal Procedure 1973 (‘CrPC’) (What persons may be charged jointly). The High Court observed that there was apparent failure of justice in this case and hence, there is a necessity to remit back the case for retrial.
Aggrieved, the Appellant filed an Appeal before the Supreme Court of India against the common Judgment dated 20-12-2019 passed by the High Court. The Apex Court discussed the power to direct retrial under Section 386 of CrPC (Power of the Appellate Court). As per Section 386 (a), the Appellate Court may in an appeal from an order or acquittal, reverse such order and direct that further inquiry be made, or that the accused be re- tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law.
To read more, please visit the link below:
#supremecourt #retrial #jointrial #criminalcase #lawyered
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 04-10-2021 in the case of K. Karuppuraj v. M. Ganesan, 2021 SCC OnLine 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 04-10-2021 in the case of K. Karuppuraj v. M. Ganesan, 2021 SCC OnLine SC 857 and held that for the purpose of passing a #decree for #specificperformance, readiness and willingness is a relevant #consideration and the same has to be established and proved.
In the present case, the Plaintiff and the Defendant entered into an agreement for sale (Agreement) of the property situated in Kaspa Coimbatore (Property). The Defendant agreed to sell the same for a sale consideration of Rs. 16.20 lakhs to the Plaintiff. At the time of execution of the Agreement, a part sale consideration of Rs.3,60,001/- was paid. There were certain conditions stipulated in the Agreement. One of the conditions was that the Defendant as the original owner was required to evict the tenants from the Property in question and thereafter to execute the Sale Deed on receipt of the full sale consideration.
Vide Notice dated 01-07-2006,
the Plaintiff asked the Defendant to evict the tenants from the Property in
question and further to execute the Sale Deed on receipt of the balance sale
consideration. Thereafter, the Plaintiff filed a Suit before the Trial Court
for specific performance of the contract. The Plaintiff averred that the
Defendant did not evict the tenants and come forward to execute the sale deed.
The Defendant contested the Suit by filing the Written Statement.
Before the Trial Court
The learned Trial Court framed the following issues:-
a) Whether the Plaintiff is entitled for specific performance?
b) Whether the Plaintiff was ready and willing to purchase the Property?
c) To what relief?
The Trial Court on appreciation of the evidence observed that the Plaintiff was not at all willing to purchase the Property with the tenants. Accordingly, the Suit was dismissed and directed the Defendant to refund the advance amount of Rs.3,60,001/- with interest @ 18% p.a. from the date of Agreement till the date of realization, to be paid within a period of two months.
Before the High Court
Aggrieved, with the Judgment and Decree passed by the learned Trial Court dismissing the Suit for Specific Performance, an Appeal was filed by the Plaintiff before the High Court of Judicature at Madras (High Court). Vide Order dated 27-11-2017, the High Court without even considering the evidence on record and without even framing the points for determination, set aside the Judgment and Decree passed by the Trial Court and allowed the Appeal. Consequently, the High Court decreed the Suit for specific performance of the contract.
To read more, please visit the link below:
#supremecourtofindia #consideration #specificperformance
The Two Judge Bench of the #SupremeCourt has in the matter of Dipali Biswas v Nirmalendu Mukherjee passed a Judgment dated 05-10-2021 and made the following observations in a half-a-century old #litigation, read more
The Two Judge Bench of the #SupremeCourt has in the matter of Dipali Biswas v Nirmalendu Mukherjee passed a Judgment dated 05-10-2021 and made the following observations in a half-a-century old #litigation, which is at the stage of execution of a simple #moneydecree that started in 1971 and is still continuing its fifth round of litigation before the Apex Court.
In this case, the long pending litigation started as follows:
1) One, Ms. Rama Rani Devi had filed a suit for recovery in a Money Suit in the year 1971 before the District Court, Bongaon, District 24 Parganas, West Bengal, against one, Mr. Sasadhar Biswas for recovery of Rs. 3000/-.
2)
The
District Court passed an ex-parte Decree dated 25-07-1974, thereby directing
the Defendant, Mr. Biswas to pay the decretal amount in six equal instalments.
3)
However,
the Defendant failed to honour the Decree, hence, the Decree Holder filed an
Execution Petition in 1975 seeking attachment and sale of a plot of land in Bongaon
(Property). The Executing Court issued a Sale Proclamation on 16-07-1975.
As per Order 21 Rule 66 of the Code of Civil Procedure 1908 (CPC), where
any property is ordered to be sold by public auction in execution of a decree,
the Court shall cause a proclamation of the intended sale…
4) Thereafter, the Judgment Debtor- Mr. Biswas filed an Application in 1975 to challenge the said Sale Proclamation issued by the Executing Court, on the ground of material irregularity and fraud, which was dismissed on 03-09-1975.
5) Thereafter, an Auction Sale was held on 30-05-1979, whereby, two brothers, Mr. Sachindra Nath Mukherjee and Mr. Dulal Kanti Mukherjee, emerged as the highest bidders. They offered a sum of Rs. 5500/-, as the highest bid amount and also deposited the money in Court.
6) The Judgement Debtor filed an Application before Executing Court in 1979 seeking setting aside of the Auction Sale on the ground of material irregularity in the Sale Proclamation.
7) During the pendency of this Application, the Judgment Debtor entered into a Compromise with the Auction-Purchasers which recorded that the Judgment Debtor would pay the entire money due to the Auction-Purchasers in cash, within 15-12-1980, after which the Auction shall be revoked and in case, he is unable to meet the deadline, then Auction would remain effective. However, the amount to be paid was not clearly specified in the said Compromise Memo. The decretal amount was around Rs. 3360/-, but the amount deposited by the Auction-Purchasers in the Court was Rs. 5500/-. The Judgement Debtor deposited around Rs. 3700/- on 15-12-1980 and failed to deposit the balance amount of Rs. 1800/- within the given timelines. Hence, the Executing Court dismissed the said Application, vide Order dated 16-12-1980.
8) However, the Executing Court later recalled its Order dated 16-12-1980 on 20-12-1980 and held that the Execution has been fully satisfied.
9) Aggrieved, the Auction-Purchasers filed an Application on 22-12-1980 challenging the Executing Court’s decision to recall its earlier Order dated 16-12-1980 behind its back. But the said Application was dismissed by the Executing Court, vide Order dated 12-09-1981.
To read more, please visit the link below:
#supremecourt #litigation #execution #moneydecree
The country we live in has a history of valor and countless examples of protecting the weaker section of society, what we don’t know is such protection and success stories have unheard painful episodes.While read more
The country we live in has a history of valor and countless examples of protecting the weaker section of society, what we don’t know is such protection and success stories have unheard painful episodes.
While women in our country are still battling to overcome the domestic abuse and violence from intimate partners, the LGBTQ community is more vulnerable. Thankfully the “Protection of Women from Domestic Violence Act,2005” comes to the rescue.
As a practicing Lawyer in Bangalore, with over 15 years of experience and expertise in Family Law and Criminal Defense, I have observed many gaps in this area and there is lot more work that needs to be done to support the victims of abuse in the LGBTQ community. On 6 September 2018, the Court ruled unanimously in “Navtej Singh Johar v. Union of India” that Section 377 was unconstitutional "in so far as it criminalizes consensual sexual conduct between adults of the same sex". We await a similar landmark judgement to amend the existing act and protect the minority community drawing additional sections or perhaps rename it to “Protection of Women and LGBTQ from Intimate Partner Violence”. The day is not far for such judgement to come. Meanwhile the victims of LGBTQ community can seek relief not only through this act but also from various other sections as in the Indian Penal Code (IPC) and the Articles of Constitution of India that violates their rights.
Section 2(a) of the Protection of Women from Domestic Violence Act,2005, “aggrieved person” means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;
As a Lawyer in Bangalore, at least for the aggrieved LGBTQ community, I argue this definition of the act can include and extend to the LGBTQ community, such precedence can be drawn from various judgements from both the Hon’ble High courts and the Supreme court of India.
Further ray of home for the LGBTQ community who is subjected to violence, comes from this act which defines the ambit of Relationship
Section 2(f) “domestic relationship” means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family;
The victim who is suffered discrimination, insult, violence, harm, injury and abuse (Physical, Verbal, Financial, Sexual etc…) from Parents, Friends, Employers, Society at large where a relationship exists and if proven can get a relief in the form of Protection Order, Financial compensation and Residence Orders.
The Magistrate can further order the accused to execute a bond, with or without sureties, for preventing the commission of any act of violence. Monitory relief may include where the victim is compensated by the accused for Loss of earnings, Medical Expenses, Loss caused due to damage or removal property, and a maintenance order can be passed.
In some cases, if the Victim from the LGBTQ community is a minor who is subjected to violence from the family member can be granted temporary custody to the person making application on their behalf.
Further, the aggrieved person need not wait for the case to complete, an interim and ex- parte order can be sought and if the Magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of violence and the rights are infringed or that there is a likelihood that the respondent may commit an act of violence, he may grant an ex parte order in the favor of the victim.
A very important point, I can vouch with my 15 years of practice as a Lawyer in Bangalore, while proofs and evidence are important, in the matters of intimate partner violence, upon the sole testimony of the aggrieved person, the court may conclude that an offence under sub-section (1) of section 31 has been committed by the accused.
What are the types of Violence LGBTQ community is subjected to ?
LGBTQ community suffers more violence than the NON-LGBTQ community, such violence can extend from victimization including forced sexual activity without consent, sexual assault, blackmail, extortion, bullying, intimidation, and assault to name a few. Few examples I can quote from my experience interacting with clients are:
There were few of many such examples, overall, the LGBTQ community is subject to similar prejudices and are victimized. The challenges exponentially grew because the people from this community suffer low self-esteem and are unable to stand up for their rights, they shy away to open up and seek legal advice as they fear being branded by the society. They suffer mental health issues such as depression or self-harm followed with suicidal thoughts.
How to seek Legal Advice ? How can a lawyer assist the Victims of LGBTQ Community?
1. Legal Consultation / Legal Advice:
The focus of this conversation will revolve around
2. Mediation :
If you are willing to resolve the issue with the opposite party without going to the court or police
3. Litigation :
If you are already in litigation, either as a victim or accused, or wish to initiate litigation
What LGBTQ cases are filed in the courts of India? What Judgements paved way for LGBTQ Rights?
Some quotable cases that draw precedence and a ray of hope for the LGBTQ victims that their issues will not only be heard but also will find justice upholding the rights.
1. NAVTEJ SINGH JOHAR V UNION OF INDIA
The Bench struck down Section 377 to the extent that it criminalized sex between two consenting adults.
2. NATIONAL LEGAL SERVICES AUTHORITY VS. UNION OF INDIA
The Court upheld the right of all persons to self-identify their gender. The Court clarified that gender identity did not refer to biological characteristics but rather referred to it as “an innate perception of one’s gender”. Thus, it held that no third gender persons should be subjected to any medical examination or biological test which would invade their right to privacy.
3. ARUN KUMAR VS. INSPECTOR GENERAL OF REGISTRATION
The court looked at the term ‘bride’, as mentioned in Section 5 of the Hindu Marriage Act meant only women or included transgender persons as well. This judgement expands the category of women to include transgender people to identify as women to be brides as well. In simple words, if a man is married to a Transwoman the marriage is valid, and the transwoman also get the rights of Maintenance, Spousal Support, Divorce and if subjected to violence by her intimate partner gets the relief as per the domestic violence act.
4. S SUSHMA VS. COMMISSIONER OF POLICE
This is the case where a lesbian couple who eloped to Chennai were being harassed by their families. The court said action would be taken against professionals involving themselves in any form or method of 'conversion therapy' which includes revoking their license to practice.
Justice Venkatesh also directed several reforms in institutions / schools / colleges to hold Parents Teacher meetings and explain parents about the issue’s LGBTQ community, also suggested changes in the school curriculum.
A very important direction from this judgement was to Police Department, if they receive complaints from the family or any other individual about consenting adults of the LGBTQ community, close the complaint without subjecting them to any harassment.
5. VAIBHAV JAIN & ANR VS. UNION OF INDIA & ANR also in a similar other case DR. KAVITHA ARORA & ANR VS. UNION OF INDIA
The petition of Vibhav Jain vs Union of Inida seeks a declaration stating that the Special Marriage Act ought to apply irrespective of gender identity and sexual orientation, the same is the prayer cited in the matter of Dr. Kavitha Arora & ANR vs Union of India.
In the matter of Vaibhav Jain and Anr v. Union of India the Petitioners have not only challenged the Special Marriage Act, an appeal also is recorded. Two gay men who got married in United States when they tried to enlist their marriage their application was declined. The appeal was filed to proclaim that the Foreign Marriage Act, 1969 should be perused to apply to same-sex relationships.
Conclusion
The current situation has many shades of gray that need to fade away for the rainbow to reflect true colors and enjoy the fundamental rights the Constitution of India provides to its citizens. While the journey towards equality, inclusiveness and non-discrimination has started, the LGBTQ community continues to face violence and discrimination.
Trust this blog post has helped you understand your legal options, and the course of action you may take when your rights are infringed. Feel free to reach me at lawyersonia@gmail.com or call at 9845944896 for counselling and discussion if you are facing issues and seek legal remedy. You may also visit www.lawyersonia.com to access additional resources.
Recently, the Narcotic Drugs and Psychotropic Substances Act, 1985 (the ‘#NDPS Act’) has been in the news and under much discussion due to some #highprofile #arrests for possession of #contraband #drugs.The read more
Recently, the Narcotic Drugs and Psychotropic Substances Act, 1985 (the ‘#NDPS Act’) has been in the news and under much discussion due to some #highprofile #arrests for possession of #contraband #drugs.
The NDPS Act prohibits any individual from engaging in any activity consisting of production, cultivation, sale, purchase, transport, storage, and/or consumption of any narcotic drug or psychotropic substance. The provisions regulate and prohibit the operations and usage relating to narcotics drugs and psychotropic substances. It lays down that no person shall produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import, inter-State, export-inter-State, import into India, export from India or trans-ship any narcotic drug or psychotropic substance, except for medical or scientific purpose and to the extent provided by the provisions of the NDPS Act.
The Act further provides punishment for several offences
under Sections 15–32 (Offences and Penalties). Moreover, bail under the NDPS
Act cannot be given to accused that are charged under Sections 19, 24 or 27A
and offences relating to commercial quantities of drugs under Section 37 of the
NDPS Act.
On 03-10-2021, the Bollywood superstar Shah Rukh Khan's son Aryan Khan along with 7 other
co-accused were arrested in relation to possession of prohibited drugs on a
cruise ship off the Mumbai coast by the Narcotics Control Bureau (‘NCB’), which is the nodal agency on the
matter relating to drug law enforcement in India. The NCB detained the 8
Accused including Aryan Khan in a raid on the Cordelia Cruise Ship and charged the said Accused for committing
offences under the provisions of the NDPS Act. They have been charged under
Section 8 (Prohibition of certain
operations) read with Section 20b (Punishment
for contravention in relation to cannabis plant and cannabis), Section 27 (Punishment for consumption of any narcotic
drug or psychotropic substance), Section 28 (Punishment for attempts to commit offences), Section 29 (Punishment for abetment and criminal
conspiracy) and Section 35 (Presumption
of culpable mental state) of the NDPS Act.
In this case, a total of 8 persons were arrested for
possession of cocaine, MD (Mephedrone), Charas, MDMA (Ecstasy) and a large sum
of money at the International Cruise Terminal, Mumbai. Under the NDPS Act, it
is presumed that once an article is found in possession of an accused, he
was in conscious possession of the article. However, the term possession carries
different meanings in different contexts and circumstances therefore the same has
to be decided with reference to the statutes applicable to the case.
On 04-10-2021, the said persons arrested in relation to the Cordelia Cruise Ship drug case were presented before the Magistrate Court, Mumbai. The Mumbai Court ordered and remanded the Accused in NCB Custody for detailed investigation till 07-10-2021.
To read more, please visit the link below:
#bail #drugs #court #arrests #aryankhan
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"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
YOU HAVE AGREED TO THIS TRANSACTION TERMS BY CLICKING THE AGREE BUTTON