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INTRODUCTIONDirective 2001/23/EC on Transfers of Enterprises is a European Union law protecting employment contracts for individuals employed in enterprises transferred between owners. It replaced read more
INTRODUCTION
Directive 2001/23/EC on Transfers of Enterprises is a European Union law protecting employment contracts for individuals employed in enterprises transferred between owners. It replaced and revised the legislation previously known as Directive 77/187/EC on Acquired Rights.
The object of the Directive is to control the transition of an undertaking by ensuring that conditions of employment for the affected employees are retained. For collective agreements, Article 3(3) stipulates that this privilege should last until' the date on which the collective agreement is terminated or expires or another collective agreement comes into effect or applies.'
Transfer of Enterprises (Employment Protection) Regulations, 2006
The 2006 Transfer of Enterprises (Employment Protection) Regulations, known colloquially as TUPE, are the regulation of the European Union Transfer of Enterprises Directive by the United Kingdom. It is an important part of UK labor law to protect workers whose work is transferred to another country. The regulations of 2006 replace the old regulations of 1981 introduced the original directive. The legislation was revised in 2014 and 2018 and the specific provisions of the 2006 Regulations have changed.
A company or activity (or part of a business) based in the United Kingdom immediately prior to the move, which moves between one employer to another, may also include when two businesses cease to exist and combine to form a new, as well as the transition of an economic entity that maintains its identity.
Objectives of TUPE
The main objectives of the Regulations are to ensure that employment is covered in connection with the transition are mentioned below-
• employees are not dismissed
• employees' most important terms and conditions of contracts are not worsened
• affected employees are informed and consulted through representatives prior to the transfer
This does not refer to transactions that only include the selling of the stock of a company. If that occurs, because the employer is still the same employer, all contractual obligations remain the same. The Directive and Regulations apply, through the selling of physical assets and leases, to other ways of transfer. In some cases, the rules often apply to work being passed to contractors. Such covered employment contract terms include hours of work, wages, service duration, and so on, but pension entitlements are excluded.
It protects the employment and contractual contact of an employee by ensuring that the person in charge of the business is obliged to honor the employees in the contractual terms in force prior to the transfer. As well as preventing the employee from being fired by the company as part of the transfer of undertakings, it will be an involuntary unfair dismissal for the transfer of undertakings. Nevertheless, Regulation 7(2) provides that if the employee has been dismissed for an economic, technological or organizational purpose which has entailed a change in the workforce of either the transferor or the transferor, the reason for the dismissal shall be treated as either for redundancy or for a substantial reason such as to justify the dismissal of the employee holding the position.
It also means that the company or person taking possession of the entity must accept all established trade unions and established employee representatives, as well as adhere to any collective agreements reached by the unions on behalf of the employees, which remain in place until either they dissolve or they are replaced by new agreements.
Certain obligations which are transferred-
General responsibilities and duties arising from Regulation 5(2) Art 3(1) occur within a transition and are as follows-
• Where a transition happens, all workers hired by the seller will be transferred to the buyer under their current terms and conditions of employment and retained continuity of jobs. This is known as the theory of automatic transfer which occurs at the point of transfer, which is usually at the time of completion rather than contract exchange.
• The buyer shall inherit all the rights, duties and liabilities of the seller under or in connection with the contracts for the transfer of employees. This will include all contractual and statutory privileges such as vacation pay, incentives and other entitlements such as maternity / redundancy programs as well as any future disputes that may have occurred before the transition due to the seller's actions or omissions.
• TUPE Regulation 13 allows the transferee to notify and communicate with relevant employee representatives before completion. The obligation to communicate would extend if it is assumed that measures will be taken in relation to any workers rendered in connection with the move.
• The Court of Appeal held that the Royal Mail had not failed in its duty to provide the required information as it had provided information that it truly believed was correct.
Conclusion
The Transfer of Undertaking (Protection of Employment) Regulations (2006) are in place in order to protect the employees statutory rights in the event of a business take over, by ensuring continued employment at the same, or more favorable contractual terms. It also gives the employees guidelines of a course of action to take if there is a breach of these contractual terms.
The procedure for filing a complaint against a lawyer Lawyers are the medium through whichhis client connects with thejudiciary. However, as the demand for the legal industry has increased, it is read more
The
procedure for filing a complaint against a lawyer
Lawyers
are the medium through whichhis client connects with thejudiciary. However, as
the demand for the legal industry has increased, it is also noticed that mishaps
in thisindustry have increased. Some lawyers tend to use this situation to
extract a heftyamount of money from theirclients without providing proper
services. To combat this situation, a person can file a legal complaint against
the lawyer if he/she is not satisfied with the service provided by the legal
person.
Following are the steps to file a
complaint against a lawyer
Step 1: A complaint against an advocate needs
to be filed through the mode of a petition. It is to be duly signed and
verified as needed under the Code of Civil Procedure. A complaint is often
filed either in English or Hindi or, in any regional language where the
language has been declared to be a state language. In those cases where the
complaint is in Hindi or another regional language, the State Bar Council shall
translate the complaint into English whenever a disciplinary matter is shipped
to the Bar Council of India as per the Advocates Act. Every complaint shall be
attachedwith the fees prescribed bythe Bar Council of India Rules.
Step 2: The Secretary of the Bar Council
may require the complainant to pay the prescribed fees if the right fee has not
been paid. He/she can alsocall the complainant to cater to any defects and attach
the particulars or copies of the complaint or other documents whichneeds to be
further submitted. On a complaint being found, it shall be registered and
placed before the Bar Council for such order which may deem fit to be passed.
Step 3:The complaintcan be dropped solely
due to it having being withdrawn, settled, or because the complainant doesn't
want to proceed with the inquiry. Before referring a complaint about the
misconduct of an advocate to its disciplinary committee, the Bar Council may
require the complainant to further furnish any requiredparticulars within a
time fixed by the Council.
Step 4: Once the Bar Council has referred
the complaint to a Disciplinary Committee, the Registrar should expeditiously
send a notice to the advocate. The notice will ask the concerned advocate to
point out cause within a specified dateon the complaint made against him and to
submit the statement of defence, documents, and affidavits in support of the defence.
It will also further inform him that just in case of his non-appearance on the
fixed date of hearing, the matter shall be heard and determined in his absence.
An appearance usually includes the presence of an advocate or through a duly
authorized representative.
Step 5: The Chairman of the Disciplinary
Committee will fix the date, hour, and place of the inquiry. This date won't
ordinarily be later than thirty days from the receipt of the reference. The
Registrar is responsible for giving notice of the date, hour, and place to the
complainant or other person aggrieved, the advocate concerned,the Attorney
General or the extra lawman of India or the Advocate General, in simple
language, to whom so ever, the case is concerned.
Step 6: The notices shall, subject to
necessary modification, be in Form Nos. E-1 and E-2. It shall be sent to the
advocates appearing for the parties. Notice to a celebration not appearing by
the advocate shall be sent to the address as furnished within the complaint or
the grounds of appeal. The value of the notices shall be borne by the
complainant unless the Disciplinary Committee otherwise directs. The notices
could also be sent ordinarily through messenger or by registered mail and
served on the advocate or the party concerned or his agent or another person as
provided in the Civil Procedure Code.
Step 7: Parties can appear face to face or through
an advocate who should file a vakalatnama giving the name of the Bar Council,
his residential address, phone number if any, and his address for service of
notices.The Bar Council or its Disciplinary Committee may at any stage of the proceeding
appoint an advocate whose role will be amicus curie, i.e. a friend of the
court. Such an advocate could also be paid such a fee depending upon the decision
of the Council or the Committee.
Proviso: If in an inquiry on a complaint
received, either the complainant or the respondent does not appear before the Disciplinary
Committee despite service of notice, the Committee may proceed ex-parte or
direct fresh notice to be served.
Any such order for proceeding
ex-parte could also be put aside on sufficient cause being shown, when an
application is formed supported by an affidavit, within 60 days of the passing
of the ex-parte order. The provisions of Section 5 of the Limitation Act, 1963
shall apply to the present sub-rule.
Proceedings and Exhibits- The Disciplinary Committee shall
hear the Attorney General or the extra lawman of India or the Advocate General
because the case could also be or their advocate and parties or their
advocates.
The matters can be heard and
determined based ondocuments and affidavits. Cross-examination is not permitted
unless the committee believes that it is in the interest of justice to permit
cross-examination of the partiesor to take oral evidence, in which case the
procedure for the trial of civil suits shall as far as possible be followed. On
every document admitted, the subsequent endorsement shall be made which shall
be signed by the Chairman or any member of the Committee:
The exhibits shall be marked as
follows: –
·
Those
of the complainant as C1, C2, and so on.
·
Those
of Respondent as R1, R2, and so on.
·
Those
of Disciplinary Committee as D1, D2, and so on.
·
The
Disciplinary Committee may, at any direct the parties or their advocates to
furnish such further and better particulars, because it considers necessary.
Recording of Evidence- Any member of the Committee or any
other person authorized by the committee shall record the evidence given before
the Disciplinary Committee, preferably in English. The evidence so recorded
shall be signed by the Chairman or by the other member of the committee if the
Chairman isn't available.
In the case where the records of
evidence are in any other language than English,then the same has to be sent to
the Bar Council of India or its Disciplinary Committee, then an equivalent
hasto be translated into English. Such a translation thereof in English has to
be made by an individual nominated by Committee or Registrar.
Dropping of Enquiries on Certain
Grounds- In the
case of the death of the complainant during the inquiry proceedings (and if no
representative is willing to conduct the case), the Disciplinary Committee may
be having regard to the allegations made in the complaint and the evidence
available, make a suitable order either to proceed with the inquiry or to drop
it.
In the case of an inquiry against
one advocate only, on his death, the Disciplinary Committee shall record the
fact of such death and drop the proceedings.
Where the inquiry is against more
than one advocate, on the death of 1 of them, the Disciplinary Committee may
continue the inquiry against the other advocate unless it decides otherwise.
Step 8: All proceedings before a Disciplinary
Committee of the Bar Council shall be deemed to be judicial proceedings within
the meaning of sections 193 and 228 of the Indian Penal Code. The Disciplinary
Committee of the State Bar Council, after giving the advocate concerned and
therefore the Advocate-General a chance of being heard, may make any of the
subsequent orders, namely:
·
dismiss
the complaint or, where the proceedings were initiated at the instance of the
State Bar Council, direct that the proceedings be filed;
·
reprimand
the advocate;
·
suspend
the advocate from practicefor such period as it may deem fit;
·
remove
the name of the advocate from the State roll of advocates
Appeal
Appeal to the Bar Council of India- a person aggrieved by order of the Disciplinary
Committee of a State Bar Council made under section 35, or the Advocate-General
of the State may, within sixty days of the date of the communication of the
order, prefer an appeal to the Bar Council of India. The Disciplinary Committee
shall hear every such appeal of the Bar Council of India which may pass such
order including an order varying the punishment awarded by the Disciplinary
Committee of the State Bar Council thereon as it deems fit. However, as long as
no order of the Disciplinary Committee of the State Bar Council shall be varied
by the Disciplinary Committee of the Bar Council of India to prejudicially
affect the person aggrieved without giving him reasonable opportunity of being
heard.
An appeal to the Council from the
State Bar Council shall be in the form of a memorandum in writing. If the
appeal is in other languages apart from English, it shall be translated into
English. In every appeal, all persons who were parties to the first proceedings
alone shall be impleaded as parties. In an appeal by the advocate against an
order for misconduct, in case of death of the complainant, the legal
representatives of the complainant shall be made parties. The appeal has to be
presented on or before the last day of limitation. Any appeal could also be
admitted after the amount of limitation if the appellant satisfies the Disciplinary
Committee that he has sufficient cause for not preferring the appeal within
such a period. An affidavit shall support any such application for condonation
of delay.
The memorandum of appeal shall
contain necessary particulars as in Form G. The memorandum of appeal shall
state when the order was communicated to the appellant with the time mentioned.
Along with the memorandum of appeal,
the appellant shall file:
·
The
certified copy of the order appealed against, signed by the Registrar of the Disciplinary
Committee, or
·
If
there is only one respondent, five additional copies of the memorandum of
appeal and the order appealed against.
·
If
there is more than one Respondent, such number of additional copies as may be
necessary.
All copies shall be certified as
true copies by the appellant or by his counsel. Every memorandum of appeal
shall be amid the prescribed fees in cash. If the papers filed in an appeal
aren't sufficient, the Registrar shall require the appellant to get rid of such
defects within a specified time.
Exhibits and Records in Appeal- The appellant shall be required to
file six typed sets of the papers properly paged and indexed if there's just
one respondent. In the case of multiple respondents, as many sets as there may
respondents, for the use of the Disciplinary Committee and by the other parties
and for the record.
The papers to be filed are: –
·
The
complaint and the statement in defence of the advocate.
·
The
oral and documentary evidence and such other papers on which parties shall
rely.
·
Any
other part of the record as may be directed by the Committee.
Where any of the above papers are in
a language other than English, English translations thereof will be filed. The
respondent shall, if he so desires, or if so-called upon, file six sets of
typed papers of any a part of the record on which he intends to rely. He shall
also file English translations of papers that aren't in English.
Appeal to the Supreme Court- Any person aggrieved by an order
made by the Disciplinary Committee of the Bar Council of India under section 36
or section 37 or the Attorney-General of India or the Advocate-General of the
State concerned, because the case could also be, may within sixty days of the
date on which the order is communicated to him, prefer an appeal to the Supreme
Court and thus the Supreme Court may pass such order including an order varying
the punishment awarded by the Disciplinary Committee of the Bar Council of
India thereon as it deems fit. Provided that no order of the Disciplinary
Committee of the Bar Council of India shall be varied by the Supreme Court to
prejudicially affect the person aggrieved without giving him a reasonable
opportunity of being heard.
Conclusion
We live in a country where most of
us are dependent upon the judicial power of the court as most of us trust the
legal system of our country. The constitution of India underArticle 21 grants
every citizen of India the “Right
to Speedy Justice”, and if this is delayed or hindered due to any reason,
then it is a clear violation of the fundamental right of an individual. These
scenario arises when lawyers instead of providing justice to the clients shift
their focus in extracting money from their clients which in turn leads to a difficultsituation
in India, as people here rely upon the judicial system for any trouble faced
due to legalities of the country. Therefore, it becomes of utmost importancethat
an individual chooses a lawyer very carefully as this whole process is
financially as well as emotionally draining.
The author of this blog/Article
is Kishan Dutt Kalaskar, a Retired Judge and practising advocate
having an experience of 35+ years in handling different legal matters. He
has prepared and got published Head Notes for more than 10,000 Judgments
of the Supreme Court and High Courts in
different Law Journals. From his
experience he wants to share this beneficial information for the individuals
having any issues with respect to their related matters .
Author :
Kishan Dutt Kalaskar
Advocate (Retired Judge)
No.74, 1st Floor, 6th
Cross,
Malleswaram,
Bengaluru-560003
Mob: 9686971935
www.kishanretiredjudge.com
A Three Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices L. Nageswara Rao, Hemant Gupta and Ajay Rastogi passed a Judgment dated 16.11.2020 in the case of Kirpa Ram v. Surendra read more
A Three Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices L. Nageswara Rao, Hemant Gupta and Ajay Rastogi passed a Judgment dated 16.11.2020 in the case of Kirpa Ram v. Surendra Deo Gaur (Civil Appeal No. 8971 of 2010) and held that if there’s no #error in the findings of the First Appellate #Court, then the #HighCourt is not obliged to frame #substantialquestionsoflaw.
To read more, please visit the link below:
#highcourt #appeal #supremecourt
The #DelhiHighCourt has in a matter of Astrazeneca AB and Anr vs Torrent Pharmaceuticals Ltd and other tagged matters passed a Judgment dated 18-11-2020 and refused to grant interim #injunction in favor read more
The #DelhiHighCourt has in a matter of Astrazeneca AB and Anr vs Torrent Pharmaceuticals Ltd and other tagged matters passed a Judgment dated 18-11-2020 and refused to grant interim #injunction in favor of the Plaintiff, a global #pharma Company, on the ground that it failed to disclose information to the Indian #Patent Office about its patent applications for same or similar inventions in other countries.
To read more, please visit the link below:
#patent #injunction #pharma #delhihighcourt #patents #intellectualproperty
In view of the #COVID-19 Pandemic, the Indian Judicial System has changed its way to hear cases through #VideoConferencing. During this time, the Courts have experienced a spike in the number of cases.To read more
In view of the #COVID-19 Pandemic, the Indian Judicial System has changed its way to hear cases through #VideoConferencing. During this time, the Courts have experienced a spike in the number of cases.
To read more, please visit the link below:
http://www.theindianlawyer.in/blog/2020/11/22/beginning-of-virtual-courts-on-wheels-in-india/
#virtualcourt #mobilevan #justice #covid #pandemic
This case involves the arrest of Republic T.V Chief Editor Arnab Goswami by the Mahrashtra Police for a case involving Abetment to suicide. An architect and his mother committed suicide in 2018 and in read more
This
case involves the arrest of Republic T.V Chief Editor Arnab Goswami by the
Mahrashtra Police for a case involving Abetment to suicide. An architect and
his mother committed suicide in 2018 and in their suicide note it was alleged
that Arnab Goswami along with two other people owed them an amount of 5.4
Crores. The case was closed in 2019 and was re-opened in 2020. The bail
application in the present case was first moved in the Bombay HC wherein it was
rejected and the court directed the petitioner to approach session’s court for
bail. Subsequently the SC was moved in the same issue and the bail was granted
after the matter was heard by a bench led by Justice D.Y. Chandrachud.
The
primary argument in this case raised by Harish Salve who was appearing for
Goswami was that though a suicide has taken place but how can it be termed as
an abetment of suicide. For that to be established there must be a direct or
indirect connection with the offence. Salve also stated that, “tomorrow if someone commits suicide in
Mahrashtra and blames the Government, will the C.M be arrested for that?”
Harish
Salve also said that the FIR was filed way back in 2018 and the same was
investigated and a closure report was filed in April 2019.
He
further said in this regard that a re-investigation can only be ordered by a
court of law and without the court’s order a re-investigation is per se illegal and stated, “A
Summary Report (Closure) needs to be first set aside in a judicial forum. SC
judgments say Magistrates power cannot be taken away to re order a probe or set
aside an A Summary report (Closure report). Truth has a nasty habit of sneaking
out. They say that since police has been directed to re-investigate they are
doing so. It is a dangerous precedent to say that after a magistrate has
accepted a Summary, the Executive can order a re-investigation”
Salve said that the general rule of natural
justice is that a person must be granted bail during the trial of his case and
the individual should not be put behind bars unless he is charged with a grave
offence. Here the contrary is happening, the individual is behind bars for 7
days for an offence regarding which a closure report was filed. He also said
that there is some malice in the actions of the state as he referred to some
previous FIR’s against Goswami and the instance when he reported the Palghar
and Bandra incidents which were critical of Maharashtra Government.
Kapil Sibal was appearing for the Maharashtra
Government and the main contention raised by him was that bail should not be
granted by a mere reading of the FIR while the matter of quashing the same is
pending before the HC.
Sibal highlighted the instance wherein
journalist Sidhique Kappan was detained by U.P. Police and this court sent the
case to the Allahabad HC for hearing. He also said that Kappan is still
languishing in jail as no bail was granted.
Though the matter of quashing the FIR was
pending before the HC, Sibal also argued that this court would set a “dangerous precedent” if it grants bail
merely on the reading of the FIR.
Subsequently, the bail application was accepted by the SC and the same
was granted.
https://youtu.be/5is1cGovDs0
https://youtu.be/5is1cGovDs0
Division of Family Assets - Relinquishment Deed – NOC by Coparceners Division of assets, also commonly known as division of property, is one of the most debatable topics in India. Earlier, through read more
Division of Family Assets
- Relinquishment Deed – NOC by Coparceners
Division
of assets, also commonly known as division of property, is one of the most
debatable topics in India. Earlier, through the implementation of Hindu
Succession Act, 1956 a girl in a particular family was allowed to claim her
part of the propertyequally like her brothers unless there is a will executed
by her father for the division of property. However, due to certain ambiguity
and due to non-flexibility of this law, a recent amendment was made to this
legislation. The recent amendment in the existing law has allowed the women who
are born before the year 2005 to claim the property.
However,
there are still a lot of cases, where the women of the family do not claim her
share in father’s property. In such circumstances, her share needs to be
entitled to someone in the family, and this process is known as the division of
assets. Normally, a woman transfers her rights to share in the property to her
brother as he mostly already has a share in the property.
Ways through which transfer of
property can happen
This
article focuses on how a daughter or sister can transfer her part of share in
the ancestral property to someone else in the family. There are mainly two ways
to do it.
1. By
signing a Non-objection certificate
2. Through
the process of relinquishment deed
By signing of the non-objection
certificate (when there is no will executed)
As
the name suggests, a non-objection certificate is signed when an individual
legally wants to explain that he/she has no objection in doing a particular
thing. Therefore, such scenario arises when a will is not executed as there is
no proof how the property is to be divided between members of the family.
When
a daughter signs a non-objection certificate (NOC), she states that she has no
objection in transferring her share of the property to someone else in the
family. This certificate is one of the most important certificates that is
required to transfer the property in the case where no will is executed by the
deceased of the family.
An
individual who receives a legacy under the will, or who obtains a property after the death of a person
automatically without even the execution of a will is called the legatee or
legal heir. However, if the legal heir chooses to give up rights in the share
of the property, he or she will have to present a written letter in favor of
other heirs (NOC), stating they are giving up their claim in the said property
and in such a case, the children of this said person will also not be able to
stake claim over the property in future.
·
Through
the process of relinquishment deed
(when there is no will executed)
What is a relinquishment deed?
Relinquishment deed is a legal instrument where a legal
legatee gives up or releases his legal rights in a hereditary parental property
for another legal heir.
The expression relinquishment refers to the disposingoff
and giving up of the rights, title, and interest, by one co-owner of property
for the other co-owners. The subsequent scenario of relinquishment of one
co-owner’s share in possessions is the extension of the shares of the other
co-owners.
Essentials Elements of Relinquishment
Deed
·
Legal document: Relinquishment deed is a legal document. Through this legal document, an
inheritor can reassign or discharge his legal right of the innate property.
·
Consequences: The result of such transfer of rights is the discharge of the share of
one co-owner and the augmentation of the shares of the other co-owners.
·
Irrevocable: A release or relinquishment deed is binding and irrevocable in nature
even if it made without any monetary consideration. For a valid relinquishment
deed, more than one individual must be the owner of the property.
·
Relinquishment cannot be done for a
3rd person: Relinquishment of assets can’t be
made in favour of an individual other than a co-owner. If a relinquishment is
made in favour of a person who is not a co-owner, the contract will be treated
as a gift.
·
Must be in writing: The relinquishment of property when the property is immovable - is
necessary to be executed through a written document called relinquishment deed,
that must be signed by all the parties to the deed and that has to be attested by
at least two witnesses.
·
Must be registered: Relinquishment deed falls within the ambit of Section 17 of the
Registration Act, 1908 and hence, a discharge of rights in the immovable
property must be registered. The registration has to be placed in the office of
the sub-registrar within whose jurisdiction the property is located.
·
Consideration: A relinquishment deed can take place with or without any consideration.
·
Simple process: A relinquishment deed can be completed and registered in only some days,
and this procedure is not costly.
Who can Relinquish a Property?
Any person who has a share in the
property and who is capable of making relinquishment of property. In a
circumstance that there is more than one proprietor in a property, either of
the co-owners can do the relinquishment. For a valid relinquishment, the basics
of a valid agreement are to be followed other than the reimbursement other than
the consideration.
Registration of Relinquishment Deed
A relinquishment deed is a document
by which an individual formally gives up his assets to another person, and the
said deed must be methodically executed and registered in accordance Section 17
of the Registration Act, 1908.
For attainment a relinquishment deed
registered, it is recommended to seek advice from a lawyer who can prepare the
deed for you, and in case you know the legal methodology and terminology, you
can do that on yourself. The steps
mentioned below are to be followed to get a relinquishment deed registered:
·
Preparation of Relinquishment Deed: A Relinquishment Deed is to be made on a stamp paper of Rs.100.
Make sure that every aspect of the relinquished property is clearly cited in
the deed.
·
Submission the deed before
Sub-Registrar of Assurances: Once the deed
is prepared on a stamp paper, it is presented before sub-registrar of
declaration within whose jurisdiction the property is located for registration
along with a registration fee which differs from state to state, but it is
somewhere between Rs. 100 – Rs. 250 in all states
·
Witnesses and other requirements: Signatures of two witnesses will be necessary to get a deed registered.
Other documents such as passport size photos, identity proof (driving license,
Aadhar card, etc.) will be essential.
Case Laws
Facts
of the case:
P.S.
Chouhan held vast properties. He died unmarried and issueless as well as was
determined to give away the said properties to his two sisters named Mrs
Dayabai and Gracebai by executing a gift deed in 1935. There had been no
partition between them. Mrs Dayabai was survived by appellants 2,3and 4.
Gracebai survived by appellant 1, named Mrs Lalita Jaems, and respondent no. 3,
namely Mrs Park. The 5.74 acres of land was divided between the survivors of
Gracebai. Respondent no. 3 sold her share to Respondent no. 2 for Rs. 14,000/-.
Later on, the transferee commenced digging the land to raise a structure. It
was objected to by appellant no.1 as well as a suit was filed by Respondent 2.
The
Trial Court dismissed the suit since the vendor was not in possession as well
as the sale did not confer any right or title on them, whereas they can get
their money refunded. The Court held that the respondent no 3 was in exclusive
possession of the land, whereas rightfully sold it to the respondent no. 2.
Final
Judgment:
The
Madhya Pradesh High Court highlighted that it is the strength of the
plaintiff's title and not the absence of the defendant's title that matters. A
purchaser of the undivided property from a co-owner's share is not entitled to
possession of any particular part of the joint property. His right would be for
joint-ownership and not for exclusive ownership of any part of the joint
property. A transferee is not in a better position than the co-owner himself.
Section 44 of the Transfer of Property Act gives sanction to this principle.
Therefore, the High Court held that the respondents were entitled to enforce
the partition of the joint estate. The Court did not accept the sale of the
exclusive property and allowed the appeal.
Case II
A single bench of the High Court of Delhi, vide judgment
dated 20 May 2020 in the matters of Tripta Kaushik v Sub Registrar
VI-A, Delhi & Anr and Ramesh Sharma v Government of N.C.T.
of Delhi & Ors., has dealt in depth with the
distinction between a relinquishment deed and a gift deed. The Court laid down
a test to determine whether a particular deed is a gift deed or a release deed and held that if the relinquishment by the co-owner is
in favour of only one of the co-owners and not all the co-owners, that particular
document will be a gift deed and not a relinquishment deed.
The Delhi HC considered various judgments of the Supreme Court and
several High Courts and laid down the following test to determine whether a
deed can be considered a release/relinquishment deed.
-
The character of the
transaction intended by the co-owner is the deciding factor in determining whether
the document is a release or gift deed and not the other factors or the
language of the document;
-
Determining the nature of
the document is not a pure question of law;
-
Mere usage of the words like
“consideration” and “transfer” will not affect the true character of the
transaction; this is applicable in case the co-owner is renouncing its share in
favour of another co-owner;
-
Co-owners can be through
both inheritance and purchase;
-
If the relinquishment is in the
favour of only one of the co-owners and not against all, the document would
then be considered a gift deed and not a release deed.
Through
this judgment, the Delhi High Court has laid down a consolidated test to make
it convenient for the comman man to gauge the difference between a release deed
and a gift deed.
Conclusion
The
transfer of ancestral property between legal heirs is a matter of concern
always as it becomes a tough job, especially when there is no will executed by
the owner of the ancestral property. In many circumstances, even when a will is
executed, there are high chances that the heirs may not be satisfied with it and
eventually challenge the will in the desired courts. Through the new amendment
in the law, where a daughter can equally claim for her share in the property it
has become important that the will is drafted in such a manner that it
satisfies all the necessary prevailing laws in the country.
However,
in most of the circumstances, a daughter refuses for her share in the property
and often ends up in giving up her share of the property to her brother or
mother. Such a process needs to be complied with the process explained above,
for it to it be a legal and valid transfer in the eyes of the law.
The author of this blog/Article
is Kishan Dutt Kalaskar, a Retired Judge and practising advocate
having an experience of 35+ years in handling different legal matters. He
has prepared and got published Head Notes for more than 10,000 Judgments
of the Supreme Court and High Courts in
different Law Journals. From his
experience he wants to share this beneficial information for the individuals
having any issues with respect to their related matters .
Author :
Kishan Dutt Kalaskar
Advocate (Retired Judge)
No.74, 1st Floor, 6th
Cross,
Malleswaram,
Bengaluru-560003
Mob: 9686971935
www.kishanretiredjudge.com
Frivolous Complaints under the Sexual Harassment Act Inappropriate behaviour at the workplace does not only make the workplace unreliable and threatening for women, but it also discourages their read more
Frivolous Complaints under the Sexual Harassment
Act
Inappropriate behaviour at the workplace does not
only make the workplace unreliable and threatening for women, but it also
discourages their ability to convey themselves in the present contending world
in accordance with the circumstances. The nature of social construct a male
member has in the society continuesto justify the violence that is happening
against women.
“The Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013 was India's first legislation that particularly
raised the issue of sexual harassment at the workplace. In this year, 2013
there was also the promulgation of the criminal law amendment act (2013), which
has criminalized offences such as sexual harassment stalking and voyeurism
Definition
In 1997, in the landmark verdict of Vishaka and others v. the State of Rajasthan, the Supreme Court of India defined sexual harassment at the workplace, well-definedanticipatory, prohibitory and redressal measures, and gave directions towards a legislative authorization to the guidelines proposed.
Sexual Harassment includes but is not limited to the following:
1. Actual or attempt of rape or sexual assault.
2. Unwanted intentional touching, leaning over, cornering or pinching.
3. Unwanted sexual banter, jokes, remarks or questions.
4. Whistling at someone.
5. Kissing sounds, howling and smacking lips.
6. Touching an employee’s clothing, hair or body.
7. Touching or rubbing sexually against another person.
The scope of the present
Act
The
present Act prescribes the constitution of internal committees comprising of a
female as the presiding officer and other members made up of one-half
females. There is also provision for
another district level ‘local complaint committee’ for receiving complaints
from workplaces with less than ten employees.
Internal Complaint Committee or Local Complaint Committee members will
hold their position not exceeding three years from the date of their nomination
or appointment. But this Act falls short
of Vishakha judgment on numerous critical fronts and due to these controversial
clauses in the Act; the Government has come in for sharp criticism by the
Justice Verma Committee Report. The Act prescribes that The Internal Committee,
before initiating an investigation under Section 11 and at the request of the pained
woman take steps to reconcile the matter between her and the respondent through
conciliation.
However,
taking into consideration the unequal position of women in society, this
provision may be abused. This also violatesthe mandate that is prescribed by
the Supreme Court in Vishakha, which was a guiding force to the State ‘to
ensure a safe workplace/ educational institution for women’. Apart from it,
according to this Act, it has also been clearly provided that information
related to the enquiry cannot be provided under the Right to Information (RTI)
and it is the third subject, after the National Nuclear Safety Regulatory
Authority Bill and National Sports Development Bill- where restrictions have
been imposed particularly on the RTI. Additionally, though it is made mandatory
for the employers by this Act to constitute internal complaints committees for
looking into all cases of sexual harassment in the workplace,the Act is faulty
as it also envisions a situation in which the offender may be an employer, as
in the Tehelka case thereby making in almost all cases the autonomous and unprejudiced
functioning of the internal complaints committees impossible.
Frivolous Complaints
The
Act also puts some emphasis on seeking to punish false and malicious complaints
along with the new rule that has been framed under this clause stating that the
committee that has been formed by an employer on finding theaccusation of
sexual harassment to be malevolent or based on forged papers can punish the
women even with the cessation of their jobs.
Though it is clearly outlined in the Act that simple incapability to authenticate
a claim would not be punishable, it has been found out that the existence of
this clause along with the latest rule of punishing for false and malicious
complaints will inexorably deter the women complainants from filing any
complaints as it is sought by the executor to ascertain in almost every
complaint that the complaint is bogus and woman may be hounded for her
inability to prove their allegations. Section 14 stipulates to penalise a woman for
filing a bogus complaint. Such a stipulation is a completely insulting
provision and is intended to nullify the purpose of the law.
However, implementing a restraint
does not mean creating antagonistic surroundings which will make every employee
anxious about filing a complaint. Employees must be confident to bring into
picture everything, which is uncomfortable and disagreeable to them. The ambition
is to avert the exploitation of the provisions designed to guard women at the
workplace. This deterrence cannot be made by setting an illustration of someone
who was punished for filing a malicious complaint as every employee who files a
complaint under this Act is protected by the provision providing for secrecy.
First significant instrument here is
that of awareness. The employer needs to generate alertness amongst its
employees regarding the penalty of filing a malicious complaint. Employees need
to be appropriately trained about the dissimilarity between complaints, which
are not proven, and complaints which fall under the class of being malicious.
Every instance a complaint is filed/ is about to be filed, the employee needs
to be reminded of the cost of filing a malicious complaint. If guidance events
(conferences, seminars, awareness programs etc) are held on the subject of
Sexual Harassment, consequences of filing a malicious complaint under the Act
also needs to be made clear.
Requisites
after filing the complaint
Once a complaint has been filed, it is very significant
to not assume maliciousness. If the administration has any intelligence or
information that indicate a conspiracy or spiteful intent behind a grievance,
it is practical that conciliation be encouraged and appropriately guided.
Conciliation should not be suggested or imposed by the organization, but the
person who brings the charges should know that she has a right to choose for
conciliation. Conciliation is an alternating means of dispute resolution
where an effort is made to resolve the dispute without a face off or further
hardship. If the person who filed the complaint indicates a purpose to opt for
conciliation, an impartial and experienced conciliator should meet the parties
independently in an endeavour to resolve their differences. This procedure
needs to be properly monitored in order to diminish the violence of the
settlement procedure and extortionist claims. Focal point needs to be
oncondition that suitable apologies and arriving at an agreement; and not on
monetary compensation – which is in any case barred by law. But if it doesn’t
work out as intended, one needs to remain for the ICC to submit its Inquiry
Report before taking any pace.
Due to the character of the work at hand, ICC needs to do
its job very well. This is not very simple because it is hard to differentiate
a complaint with no virtues with that of a complaint with a malicious intent.
Therefore, it is greatly suggested that the members of ICC are trained about
how proof needs to be appreciated and what are the recommendations, which need
to be prepared.
Evidence, which comprise accounts of behaviour, messages
& e-mails, should not be taken out of their framework, but considered
contextually. The state of affairs that led to such proof needs to be
appreciated and correlated appropriately to the matter at hand so that its
context can be comprehended.
Court Precedents
Vishakha
v. State of Rajasthan-In this case, the
petitioner, was employed with an Indian government-owned development bankwho
had filed a complaint of sexual harassment against the General Manager of the
Bank whowas also her supervisor. However, there was no action on the part of the
employer. Thus, to get justice, shetook her case to the Trial Court where Court
acquitted the accused for areason stated as lack ofthe medical shred of
evidence. By virtue of which so many women’s groups and organizationswent for
appeal against the judgments, and finally public interest litigation was filed
in theSupreme Court of India against sexual harassment at the
workplace.Therefore, the contentions put forward by the employee however
challenged the validity of theOrder before the Court under Article 226 of the
Constitution of India and that a higherpunishment should be imposed on the
Supervisor as well.This landmark case raised so many issues in the state of
affairs of sexual harassment which tookplace at a workplace, and the subject
which was raised stated that whether the employer had anyliability in the case
of sexual harassment by its employee or to its employees at aworkplace or
not.Therefore, the Supreme Court held that occurrence sexual harassment of a
woman at a workplacewould be the violation of her fundamental rights of gender
equality and right to life and liberty. The court concluded in its
judgementthat such an act would be considered as a violation of women’s human
rights.
Usha
C.S v. Madras Refineries- In this case, the
Madras High Court witnessed a complaint of sexual harassment made by the employee
of Madras Refineries Ltd, which was a public sector undertaking. The employee
stated that she was denied her study leave with pay, salary and promotion since
she refused the advances of the general manager of her department. Further, the
complaint committee was established, but the employee continuously delayed the inquiry
hence it was stated that her allegations of sexual harassment were purely a
weapon used to negotiate for a promotion, study leave and pay which was opposed
to company policy. After inspecting the facts, the court held that the employee’s
allegations with regards to her promotion and study–leave was unjustified as
both decisions arose in accordance with the company policy. The bench further
urged the other courts to carry in mind the facts of each case individually
without assuming that the woman is a victim and also stated that similar to Domestic
Violence Cases and Dowry Harassment Laws there are a massive number of people who
are jeopardized with false prosecution. It is equally difficult for a man who
has been falsely implicated in proving his innocence in a similar way as a
woman find it burdensome to accept and tell the people if she has been
assaulted sexually
The Delhi High Court, in Anita Suresh v. Union of India
& Ors,in recent times imposed a fine of INR
50,000 on a lady who had filed a grievance of workplace sexual
harassment but was unable to establish any evidence or witnesses to
authenticate her case. The petitionerwas
functioning as an Assistant Director with ESI Corporation. The petitioner filed
a complaint to the Director-General of ESI Corporation claiming workplace
sexual harassment by the accused. A second occurrence was mentioned stating
that the accused told the petitioner to come unaccompanied in the male toilet
to confirm the shortcomings in the presence of the employees and other members.
An Internal Complaints Committee was constituted to scrutinize the grievance of
the petitioner
The Committee scrutinized the
petitioner, who could not remember the names of any of the persons present at
the instance of the aforesaid incidents. The petitioner was shown the
appropriate papers relating to the staff members present on that day but still,
she could not remember the names.
Failing to prove anything that was
even slightly associated with her case made the case look like a frivolous one.
It became an effort to outline and contaminate the record of the
accused. The employee record of the petitioner also was brought forward,
which evidently pointed that she was not an worker who regularly followed the
rules of manner, and the complaint hence reeked of ‘ulterior motive’. The
case was decided against the accused to prove him not guilty, as it was found
that none of the witnesses corroborated with the petitioners’ testimony
from the day when the alleged workplace sexual harassment had taken place. Hence,
she was fined INR 50,000 for filing the frivolous complaint.
Conclusion
Regardless
of many years of consideration, lawful activity, and support, this examination
of information, research, and experience demonstrate that inappropriate behaviour
stays a genuine and inescapable issue crosswise overall industry areas and work
environments. We found that no division stays immaculate by lewd behaviour, nor
unaffected by its effects: Sexual badgering harms the lives, wellbeing,
monetary freedom, and chances of innumerable exploited people, and costs
organizations in lawful charges, however in lost efficiency, spirit, viability,
and talent. By and by the time is over of talk to verify the working women
against lewd behaviour; it's a high time to adhere to the laws to shield the
working ladies which will, finally, offer a positive hint to set up a created
and dynamic culture.
Even
though it is beyond the realm of imagination to expect to prepare and change
the demeanour of everybody, it is surely conceivable to prep and changes the
frame of mind methodologies of some based. Further, women's associations should
assume an urgent job to make lawful mindfulness among the majority. They ought
to associate with neighbourhood individuals in spreading mindfulness about
their genuine rights and responsibilities.
The POSH Act, 2013 was enacted with
the reason of helping the sufferers of sexual harassment seek speedy
justice. But, it is awful to see the unashamed misuse of the law in order to
satisfy some individual vendetta and needs stringent measures, such as one
imposed by the Honourable High Court in this case. Frivolous cases squander the
time of the Court and augment the burden of pendency as well. Substantial fines
and restrictions/prohibition need to be imposed for filing fake cases so that
there is no loss of reputation of the individual being accused of such
atrocious crime and no loss of court time as well
Due
to these reasons, the question of enforcing this legislation in informal,
unregulated workplaces would remain.
The author of this blog/Article
is Kishan Dutt Kalaskar, a Retired Judge and practising advocate
having an experience of 35+ years in handling different legal matters. He
has prepared and got published Head Notes for more than 10,000 Judgments
of the Supreme Court and High Courts in
different Law Journals. From his
experience he wants to share this beneficial information for the individuals
having any issues with respect to their related matters .
Author :
Kishan Dutt Kalaskar
Advocate (Retired Judge)
No.74, 1st Floor, 6th
Cross,
Malleswaram,
Bengaluru-560003
Mob: 9686971935
www.kishanretiredjudge.com
Noida, India
New Delhi, India
Secunderabad, India
Bengaluru, India
Bengaluru, India
Patiala, India
Patiala, India
Kolkata, India
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"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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