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Central Board of Secondary Education (CBSE) v. Aditya Bandopadhyay & Ors(2011)This judgment came in the year 2011. By virtue of this judgment, now the students who are aggrieved by the evaluation read more
Central Board of Secondary Education
(CBSE) v. Aditya Bandopadhyay & Ors
(2011)
This judgment
came in the year 2011. By virtue of this judgment, now the students who are
aggrieved by the evaluation can claim their evaluated answer books to be
inspected. They can also take a certified copy of the paper under RTI Act. But
this can be done only during the time the authorities are expected to maintain
and retain the answer book of all examinees under.
Rupa Ashok Hurra V. Ashok Hurra
(2002)
This case related to curative
petitions. The Supreme Court has held that Article 32 can be brought into picture
only when the matter relates to enforcing the fundamental rights. It is
established that no judicial order passed by any superior court in judicial
proceedings can be said to violate any of the fundamental rights.
T.M.A. Pai Foundation v. State of
Karnataka
(2002)
The Apex Court laid down a guideline
that the right of minorities does include the right of determining the
procedure and method of admission and selection of students which is fair and
transparent and based on merit for professional and higher education colleges.
In case of aided institution, for
non-minority students, the State can regulate the admission which has to be
merit-based subject to reservation policy of the State. Merit to be determined
by an entrance test or by any other method with consideration for weaker
sections.
Supreme
Court Advocates on Record Association Vs. Union of India
(1993)
The Supreme Court held that the
Chief Justice of India's role in appointing the Judges of Apex Court is unique,
singular and primal but participatory vis-a-vis the executive on a level of
togetherness and mutuality, and neither he nor the executive can push through
an appointment in derogation of the wishes of the other.
Bangalore Water Supply And Sewerage
Board Vs A. Rajappa
(1978)
In this case, Supreme Court has held
that the Bangalore Water Supply and Sewerage Board does fall under the
definition of the industry and by justifying this it gave an elaborating
definition of industry.
A.R.Antulay v R.S.Nayak
(1998)
This is a landmark judgment in which
it was held that a legal remedy can be claimed by the applicant as a
matter of right and the Court cannot refuse by virtue of the maxim ex
debito justitiae. Neither party is prejudiced by any accidental or
unavoidable action or omission of the Court as the maxim actus curiae
neminem gravabit has to be applied.
I.R.Coelho V. State of Tamil Nadu
(2007)
The Apex Court held that the
constitutional validity of 9th schedule laws can be adjudged by applying
the test of rights that is direct impact and effect
test. It requires that it should be in the form of determinative factor. The
Courts are to determine whether the basic structure has been violated or not
only after applying this test.
M/s. SBP & Co. v. M/s. Patel
Engineering Ltd. and Anr
(2005)
The Bombay High Court held that a
mere oral evidence of a document (signed between the parties) is not to be
considered as a written arbitration agreement which is defined under
Section 7(4) of the Act. Thus, oral agreements cannot be deemed to be
valid arbitration agreements.
Vodafone International Holding vs
Union of India
(2012)
In
a landmark judgment, the Supreme Court has given recognition to the following:
P.A. Inamdar V. State Of Maharashtra
(2004)
The Supreme Court decided upon the
fixation of quota in respect of unaided professional institutions and to
the holding of examinations for admission into such colleges. The Court prima
facie held that the institutions must fill the seats in the ratio of 50:50 as a
temporary measure without prejudice to the contentions of the parties for the
purpose of the final disposal.
Samsher Singh V. State Of Punjab
(1974)
The Apex Court in this case has held
that a probationer's service can be validly terminated if the Authority is
satisfied that he is inadequate or unsuitable for the job due to moral
turpitude or temperamental reasons etc. It is not necessary that a formal
inquiry is arranged for in such cases.
Indira Swahney V. Union Of India
(1992)
In this case, the Hon'ble Supreme
Court has upheld the implementation of various reservations for OBC (Other Backward Classes) in jobs falling under the category of Central Government.
Vishakha V. State Of Rajasthan
(1997)
Supreme
Court had laid down guidelines to be followed while dealing with sexual
harassment at workplace. These guidelines were stipulated by the Apex Court
stating that these guidelines have to be mandatory followed until a proper
legislation is passed governing the issue of sexual harassment at workplace.
Pradeep Kumar Biswas v. Indian
Institute of Chemical Biology
(2002)
Two questions were put before
Supreme Court: (i) whether CSIR was a State within the meaning of Article 12,
and (ii) if yes, whether the Supreme Court should reverse the decision to the
contrary in the above Sabhajit Tewary case. It was held by the
Court that CSIR does fall within the definition of a State under Article 12 of
the Constitution of India.
Daniel Latifi V. Union Of India
(2001)
The Supreme Court was to decide on
the maintenance of ex wife beyond the Islamic Law. The Court interpreted the
Islamic family law in a manner which struck a balance between promoting
equality for Muslim women. This avoided the amendment of Muslim personal law.
Ms Githa Hariharan V. Reserve Bank
Of India
(1999)
The Supreme Court relied upon gender
equality principles mentioned in the Indian Constitution, CEDAW and UDHR and
upheld the constitutional validity of Section 6(a) HMGA, 1956. It held that
both the father and mother are natural guardians of a minor Hindu child. The
mother cannot be given the status of a natural guardian only after the father's
death as it would be against the child's welfare.
Sangeet V. State Of Haryana
(2013)
The Court held that a prisoner who
is sentenced to transportation for life bears no indefeasible right to an
unconditional release when the particular term expires. It said: “The
rules under the Prisons Act do not substitute a lesser sentence for a sentence
of transportation for life.”
Mafatalal Industries V. Union Of
India
(1997)
The Supreme Court has had decided
upon the rights and remedies which are available to the citizens of India
against the State when the taxes and imposts are unlawfully recovered from
them. The following were held:
"If non-disclosure of interest
is likely to affect the voting pattern of the class of creditors or
shareholders who are called upon to vote on the scheme, then only such special
interest of the director is required to be communicated to the voters as per
Section 393(1) (a).
The Scheme of Compromise and
Arrangement is neither unfair nor unreasonable to the minority shareholders
represented by the appellant."
Centre For Public Interest
Litigation V. Union Of India
(2012)
The Supreme Court has in this case
held that when the State is to alienate the natural resources, it is its duty
to call for auction by publicizing it to the public at large so that all the
interested and eligible persons can take part in the auction process.
State of W.B. v. Committee for
Protection of Democratic Rights
(2010)
The Apex Court has held that while
exercising its jurisdiction under Article 226 of Constitution of India, the
High Court can direct the Central Bureau of Investigation to investigate any
offence which is cognizable and alleged to have been committed within the territorial
jurisdiction of the State. The consent of State Government is not necessarily
to be taken for directing this.
Amrinder Singh V Punjab Vidhan Sabha
(2010)
It was held that the breach can be established only when his act has a direct nexus with the duties or responsibilities entrusted upon him. This also includes his functions as a legislator. Exercising the legislative privileges for the purpose of punishing past acts was held as improper for the 13th Punjab Vidhan Sabha for claiming breach of privileges on the basis of alleged misconduct which in actual took place in the 12th Vidhan Sabha.
IntroductionNowadays, many people are becoming a part of social media by signing up for profiles for the purpose of building connects. Some have as low as a handful of friends or followers while some read more
Introduction
Nowadays, many people
are becoming a part of social media by signing up for profiles for the purpose
of building connects. Some have as low as a handful of friends or followers
while some crave for having thousands of them.
Social media is a very
good platform for outsourcing one's knowledge, news etc. provided that it is
used only in the rightful manner. But there exist a part of the population who create
fake profiles to spam legitimate users by posting illegal or inappropriate
content. Such motive may be derived from
personal reasons (grudges) or a mental sickness to harass the known persons.
The most used social
media platform are
·
Facebook
·
Twitter
·
Instagram
·
LinkedIn
Types of Social Media Crimes
The
following are the prevalent forms of social media crimes
1. Online Threats, Stalking, Cyber bullying
This is the most commonly reported crime which involves people making threats, bullying, harassing and stalking other person's social media profile. there is no as such punishment for this act, so the victims keep silent, instead of approaching the police..
2. Hacking and Fraud
The technical definition of hacking is the gaining of unauthorized access to data in a system or computer. Thus, logging into a friend's account and posting something embarrassing just for fun, can actually turn out to be a criminal activity. Apart from this, creating fake account to trick people can also be made punishable.
3. Buying Illegal Things
Social media has proved to be a very good platform for the businessmen/women. Those whose pocket doesn't allow them to conduct newspaper or radio advertisements, can do so by creating an online portal on their social media profiles. But, with the advancement of technology, it is the customers who have to be very careful while purchasing any good or service from such people as most of the time it is the quality that suffers. Also, connecting over social media to buy drugs, or other regulated, controlled or banned products is probably illegal.
4. Posting Videos of Criminal Activity
The smartphone and social media have started growing hand in hand. This gives courage to the criminals to post a video of them carrying out the criminal or illegal activities. For example, in today's world, many people who commit suicide, post a video message and the whole procedure they adopted to carry out the illegal act of suicide. This may prove useful to the Authorities for catching the main person behind the suicide, but at the same time it encourages many more to do the same.
5. Vacation Robberies
Though not actually a social media crime, but vacation robberies is one of the budding concepts. If you vacation updates are public on your social media accounts, then the burglars may find a very good opportunity to raid your house and commit theft.
The following
preventive measures can be taken against being a victim of cyber crime
1. Blocking profiles
from public searches.
2. Restricting who can
find you through online search.
3. Limiting your details
on social media platforms, unless it is a necessity to do so.
4. Logging out of the accounts after each session.
5. Not sharing social media credentials with anyone, whosoever it be. (exception: with the police and persons in Authority for investigative purposes)
6. Not accepting friend requests from unknown persons.
7. Not clicking on suspicious links. (example: exciting offers on e-commerce website links)
8. Keeping the privacy settings of your social media profile at the most restricted levels, especially for public/others.
9. Remembering that information scattered over multiple posts, photographs, status, comments etc. may together reveal enough about you to enable a fraudster to steal your identity and defraud you.
Judicial
Approach to Crimes committed on Social Media Platform
1. The State (Cyber Cell) v. Yogisha @ Yogesh Pandurang Prabhu
r/o. Vashi
The Bombay Court sentenced the accused simple imprisonment for three months as he had by electronic means on social media transmitted the petitioner's pictures. He was charged under Section 66E.
2. State of A.P. v. State of A.P.
In this case, the website and research reports were hacked. It was alleged that the accused had downloaded various e-Reports through some free public sites. The Hyderabad Court found the accused guilty under Sec.66 of Information Technology Act 2000 and sentenced him to rigorous imprisonment for 2 years along with a fine of Rs. 10,000/-. If he defaulted in making the payment, he would undergo simple imprisonment for a term of 6 months.
Conclusion
We make our lives public by sharing everything
with the people on our accounts. Most of the cyber crimes are either done by
fraudsters or by someone you know in the close circle. It could be your friend,
relative, employee, colleague, your ex-boyfriend/girlfriend. So, it is
essential for you to set your privacy settings at the most restricted levels
and in a way that the persons you are not connected with can see the least of
your details. So, apply maximum caution while sharing anything online.
On 4th February 2019, the Delhi High Court awarded ₹3.85 crore to Whatman International Ltd. in a Trademark infringement lawsuit. Whatman International is a healthcare company specialising in read more
On 4th February 2019, the Delhi High Court awarded ₹3.85 crore to Whatman International Ltd. in a Trademark infringement lawsuit. Whatman International is a healthcare company specialising in laboratory filtration products and separation technologies. Whatman Internation was founded by James Whatman in 1740 and is named after the founder himself. The company owns the mark ‘Whatman’ which it uses to sell its products.
The company came to know that infringers were using Whatman Trademark to produce, sell and market counterfeit Whatman products in India, such activity came to the company’s notice in 1992 and after that in 2005. The defendants had given multiple undertakings to the company to stop the activity of such infringing nature, however, they continued to infringe on Whatman Trademark, and in the light of the issue, Whatman International approached the Delhi High Court.
A team of police officers were sent to the factory location of the defendants. At the factory the police seized multiple counterfeit Whatman Products; however, the company claimed that Whatman International does not have any reputation or goodwill in India due to which they cannot claim exclusivity over the Whatman Trademark in India.
However, the Court felt otherwise and decreed the suit in favour of the company and further stated that the chronology of events shows illegalities, repeated violations and disobedience of undertakings from the defendant’s side. Thus, the Court held that defendants were ‘deliberate and conscious’ hence, deserve to be punished under the law. The Court awarded 3.85 crores to Whatman International and directed the defendants to pay such amount within 3 months.
A Trademark application was filed to register a container by BMB, a Polish confectionery firm, who manufactures Mik Maki sweets. The Trademark was opposed by Ferrero, maker of Tic Tac mints, as BMB’s read more
A Trademark application was filed to register a container by BMB, a Polish confectionery firm, who manufactures Mik Maki sweets. The Trademark was opposed by Ferrero, maker of Tic Tac mints, as BMB’s mark violated a shape mark it uses for Tic-Tac containers.
The General Court objected that the mark filed by BMB can lead to confusion with the mark already filed by Ferrero. The appeal to file the mark by BMB was rejected this earlier month by The Court of Justice of The European Union (CJEU), ruling that the General Court was correct in its earlier judgment.
BMB’s shape trademark was registered on November 15 2007 with the European Union Intellectual Property Office (EUIPO). Ferrero filed an application aiming to declare the trademark invalid on July 11, 2011. Ferrero's own trademark registered on March 12 1974, in France for a 3D shape. The Cancellation Division said, “There could be confusion and annulled BMB’s trademark on April 25, 2012”. BMB appealed the decision. But this was dismissed by the Third Board of Appeal of EUIPO in a decision on September 8, 2015.
The EU General Court this month upheld the September 2015 ruling, following another appeal by BMB. It ordered BMB to pay Ferrero’s costs. Ferrero told us in a statement: “Ferrero is pleased with the Decision of the General Court, which confirms that investments in important brands can be protected against third parties attempts to take unfair advantage from their popularity.”
The Department for Promotion of Industry and Internal Trade, under the Ministry of Commerce and Industry, has recently awarded GI Tag to Five Indian Coffee Varieties namely Coorg Arabica coffee from Karnataka, read more
The Department for Promotion of Industry and Internal Trade, under the Ministry of Commerce and Industry, has recently awarded GI Tag to Five Indian Coffee Varieties namely Coorg Arabica coffee from Karnataka, Wayanad Robusta coffee from Kerala, Chikmaglur Arabica from Karnataka, Araku Valley Arabica from Andhra Pradesh, and Bababudangiris Arabica coffee from Karnataka. A Geographical Indication (GI) is a name or sign used on certain products which correspond to a specific geographical location or origin, for example, a town, region, or country. This is expected to help the coffee farmers to get the maximum price for their premium produce.
Araku Coffee is produced by the Tribal in Andhra Pradesh and they follow an organic approach in which they focus on practices that involve substantial use of organic manures, green manuring and organic pest management practices, this information was provided by the ministry. Bababudangiris Arabica coffee is a selectively hand-picked and processed by natural fermentation.
In India, coffee is cultivated in about 4.54 lakh hectare by 3.66 lakh coffee farmers of which 98 per cent are small farmers. Due to the geographical conditions, coffee cultivation is mainly done in the southern states of India including Karnataka, which accounts for 54 per cent of the total production. It is followed by Kerala (19 per cent), Tamil Nadu (eight per cent). It is also grown in non-traditional areas such as Andhra Pradesh and Odisha (17.2 per cent) and North East states (1.8 per cent).
The only country in the world where the entire coffee cultivation is grown under shade in India, the coffee beans are hand-picked and sun-dried, it said that our country produces some of the best coffee in the world which is grown in the two major bio-diversity hotspots in the world by tribal farmers in the Western and Eastern Ghats. Indian coffee is sold as premium coffee in Europe and highly valued in the world market.
“The recognition and protection that comes with GI certification will allow the coffee producers of India to invest in maintaining the specific qualities of the coffee grown in that particular region. It will also enhance the visibility of Indian coffee in the world and allow growers to get the maximum price for their premium coffee,” Ministry added.
GI is primarily an agricultural, natural or a manufactured product (handicrafts and industrial goods) originating from a definite geographical territory. Typically, such a name conveys an assurance of quality and distinctiveness, which is essentially attributable to the place of its origin like Darjeeling Tea, Tirupathi Laddu, Kangra Paintings, Nagpur Orange and Kashmir Pashmina are among the registered GIs in India. Experts said that award of GI tag gives protection to the producer of those genuine products, which commands premium pricing in the markets both domestic and international.
“Once the GI protection is granted, no other producer can misuse the name to market similar products. It also provides comfort to customers about the authenticity of that product,” National Intellectual Property Organisation (NIPO) President T.C. James said. “Such products also get premium pricing in the markets, he added.
An application was filed by Hindustan Unilever Ltd. (HUL) against Emami. It was for restraining Emami from telecasting one of its commercials for the product ‘Fair And Handsome’, which allegedly disparaged read more
An application was filed by Hindustan Unilever Ltd. (HUL) against Emami. It was for restraining Emami from telecasting one of its commercials for the product ‘Fair And Handsome’, which allegedly disparaged the goodwill and reputation of HUL’s product, ‘Fair & Lovely’. This application was a part of the suit filed by HUL for trademark infringement, disparagement and unfair trade practices on the part of Emami.
Niacinamide is the key substance is capable of delivering skin lightening benefits and HUL used this substance to develop the technology they used in ‘Fair & Lovely’. HUL claims that this is the same ingredient that works for both the gender in the same manner but may vary in the degree of efficiency. Male consumers commonly used the fairness products available in the market and that is the reason there was no product in the market that was targeting men specifically.
HUL started targeting the male population from 2006 with the launch of ‘Fair & Lovely Men’ and later the name was changed to ‘Men’s Fair & Lovely’. Emami used HUL’s case in their advertisement and made a false claim that HUL’s Fair & Lovely was “rubbish and inefficacious” and is restricted to be used only by women. The advertisement was objected by HUL. The ad was featuring “a tube with its colour combination of pink and white” and was referring to it as “ladkiwali fairness cream”. The ad depicted the pink-white cream is ineffective on men’s skin while Emami’s ‘Fair And Handsome’ is effective for a fairness cream for men. The active ingredient for both creams is Niacinamide. HUL pleaded “The advertisement was an attempt to demean, diminish and injure the business of HUL” to which Emami responded “defended the advertisement by stating that the whole intention behind the advertisement was to inform male consumers that the fairness cream used by female consumers was not effective on their skin, as the texture of male skin was completely different.”
HUL admitted that the requirement for men’s and women’s skin was different. After hearing the parties, the Court ordered that the fairness cream tube that was shown in the advertisement should be changed to white; there should not be a dual face logo, which was materially different from HUL’s product. “The TV commercial no doubt seems to make fun of a male using a ladies cream. Can it be said that this advertisement on account of the said dialogue stated is false or misleading or unfair or deceptive? Does it amount to generic disparagement? The answer is in the negative. In view of the literature that has been posted on its own website by the plaintiff, it also cannot be said that prima facie the statements made in the advertisement regarding using of women’s cream by men is false.”
It was stated by the Delhi High Court that the advertisement did not in any manner disparage HUL’s “Fair and Lovely”. The advertisement does not, prima facie, slander the goods of HUL, the Court decreed while dismissing the application.
Minerva Mills V. Union Of India (1980) Supreme Court had struck down Section 55 & 4 of the 42nd Amendment because it violated the basic structure doctrine. The Court emphasized on the importance read more
Minerva Mills V. Union Of India
(1980)
Supreme Court had struck down
Section 55 & 4 of the 42nd Amendment because it violated
the basic structure doctrine. The Court emphasized on the importance of
judicial review and held that Section 55 of the amendment act 1976 is void
because it made the challenge in Court not possible and removed all
restrictions on the Parliament's power under Article 368.
S.R Bomai V. Union Of India
(1994)
Supreme Court held that the
President's power to dismiss a State Government is not absolute. The power
should be exercised by the President only after both the Houses approve his
proclamation. Till then, he can only suspend the Constitutional provisions
thereby suspending Legislative Assembly.
L. Chandra V. Union Of India
(1995)
Supreme Court concluded
that the Tribunals constituted under Articles 323A and 323B have the power
to test vires of subordinate legislation except vires of their parent statutes.
All its decisions would be subject to scrutiny before Division Bench of their
respective High Courts under Articles 226/227. No appeal would lie directly to
the Supreme Court under Article 136. The said direction would operative
prospectively.
Maneka Gandhi V. Union Of India
(1978)
This judgment expanded the scope of
Article 21 of the Constitution and made India a welfare State. The major
findings of the judgment are as follows:
1. The
court while delivering this landmark judgment changed the landscape of the
Constitution by holding that though the phrase used in Article 21 is “procedure
established by law” instead of “due process of law” however, the
procedure must be free from arbitrariness and irrationality.
2. Even
though the Constitution makers must be respected, but they never intended to
plant such a self – destructive bomb in the heart if the Constitution. They
were never of the mind that the procedure need not necessarily be reasonable,
just and fair. They drafted this Constitution for the protection of the “people
of India” and such interpretation of Article 21 will be counter-productive
to the protection offered by the Constitution.
3. The
scope of “personal liberty” is not be construed in narrow and stricter
sense. The court said that personal liberty has to be understood in the broader
and liberal sense. Therefore, Article 21 was given an expansive interpretation.
The court obligated the future courts to expand the horizons of Article 21 to
cover all the Fundamental Rights and avoid construing it in narrower sense.
4. Section
10(3)(c) of Passport Act 1967 is not violative of either Article 21 nor Article
19(1)(a) or 19 (1)(g). The court further held that the said 1967 provision also
not in contradiction of Article 14. Since the said provision provides for an
opportunity to be heard. The court rejected the contention of petitioner that
the phrase “in the interests of the general public” is not vague.
Danial Latifi V. Union Of India
(2001)
Supreme Court held that while
divorce, the husband has a duty to consider his wife's future needs and make required
arrangements well in advance so that those need could be met. This case
established the Muslim husband's liability for facilitating maintenance to his
wife even after divorce. The period included is that beyond the iddat period.
Vellore Citizens Welfare Forum V.
Union Of India
(1996)
Supreme Court observed that one of
the major foreign exchange earner was the leather industry. Among others,
'precautionary principle' and 'polluter pay principle' are the important
environmental measures to be taken by the State thus anticipating, preventing
and attacking the causes of environmental degradation.
S.P. Gupta V. Union Of India
In this case, the Apex Court
observed that the President's actions can only be challenged only when there is
apprehension of mala fide intention on part of him or
extraneous considerations.
Dk Basu V. State Of West Bengal
(1996)
The Court gave certain guidelines
regarding the rights and duties of arrested persons and arresting police
official. These are:
· The
police official who arrests and handles the interrogation of the arrested
person must wear accurate, visible and clear identification and name tags with
their designations. A register has to be maintained in which particulars of all
such personnel who handle interrogation of the arrestee will be recorded.
· A
memo of the arrest has to be prepared by such official at the time of arrest.
Such memo shall have to be attested by at least 1 witness. He can be a family
member of the arrested person or even a respectable person from the locality
(area of arrest). The arrestee will countersigned by the arrestee.
· Right
to inform Near ones about arrest: The arrestee must be given a
chance to inform someone about his arrest or detention, as a matter of right.
· A
case diary has to be maintained at the place of detention. It should contain
details of the arrestee, the name of the person to whom he has informed
about his arrest or detention and the details of the police official who has
given effect to that arrest.
· When
the informed person lives outside the district or town, the police is obligated
to give them details regarding time, place of arrest and venue of custody of an
arrestee. This can be done through the Legal Aid Organization in the District
and the police station of the area concerned telegraphically within period of 8
to 12 hours after the arrest.
· If
the arrestee requests, he can be examined while being arrested. If any
injuries, minor or major, are found on his body, it must be recorded at that
time. The “Inspection Memo” must be signed both by the arrestee and the police
officer effecting the arrest and its copy provided to the arrestee.
· Right
to get medical facilities: The arrested person has to be medically
examined by a trained doctor every 48 hours when he is detained
· Right
to Consult Advocate: The arrestee should not be stopped to met his
Advocate during interrogation.
Kharak Singh Case
(1964)
Supreme Court held that “It
is essential for us to determine whether there is a fundamental right to
privacy in the Indian Constitution. Determination of the question would
essentially entail whether the decisions in M P Sharma by an eight-judge Bench
and Kharak Singh by a six-judge Bench that there is no such fundamental right
is the correct expression of constitutional provisions,”
Sodan Singh V. NDMC
(1989)
Supreme Court had considered the
Thareja Committee's report and concluded that the occupation and places which
were decided by the Committee is tentative. The Court noted its recommendation
that in case the dues are not paid, the claimant shall not be entitled to the
benefit under this scheme. Certain procedures were directed to make final
allotment of sites to the eligible squatters.
Naga's Peoples Movement For Human
Rights V. Union Of India
(1998)
The Supreme Court said that for any
area to be declared as a disturbed one, a grave situation of law and order must
exist on the basis of which the Governor/Administrator of the State/Union
Territory or the Central Government can form an opinion that area is in such a
disturbed or dangerous.
M. Nagaraj V. Union Of India
(2006)
The constitutional validity of 77th,
81st, 82nd, and 85th Amendments were upheld by Supreme Court. It held that if
the State wants to exercise their discretion and make provisions for
reservation to promote SC/STs, quantifiable data showing backwardness of the
class and inadequacy of representation of that class in public employment in
addition to compliance of Article 335 has to be collected.
Selvi V.
State Of Karnataka
(2010)
The Supreme Court reiterated on
Article 20(3) as follows:
“Article 20 (3) aims to
prevent the forcible conveyance of personal knowledge that is relevant to the
facts in issue. The results obtained from each of the impugned tests bear a
testimonial character and they cannot be categorised as material evidence.
In their considered opinion that
subjecting a person to the impugned techniques in an involuntary manner
violates the prescribed boundaries of privacy.”
Society For Un-Aided Private Schools Of Rajasthan V.
Union Of India And Anr.
(2012)
Supreme Court bench comprising of
Chief Justice SH Kapadia and Justices Swatanter Kumar and Justice KS
Radhakrishnan upheld the constitutionality of the RTE Act. It held that under
that Article 19(6) it was permitted to impose reasonable restrictions on the
right to carry on an occupation, trade or business under Article 19(1)(g).
Also, 25% reservation obligation on private unaided schools was a reasonable
restriction. It was also held that Section 12(1)(c) of the Act requiring
unaided minority schools to admit children from disadvantaged groups violated
the minority character of those institutions and hence, the RTE Act could not
be applied to private unaided minority schools.
D.S. Nakara V. Union Of India
(1983)
Supreme Court had observed that:
"With the expanding horizons of
socio-economic justice and the classification being not based on any
discernible rational principle having been found wholly unrelated to the
objects sought to be achieved by grant of liberalized pension, it could be
safely said that this differential treatment is violative of Article 14 and
unconstitutional. The classification must not be arbitrary but must be
rational, that is to say, it must not only be based on some qualities or
characteristics which are to be found in all the persons grouped together and
not in others who are left out but those qualities or characteristics must have
a reasonable relation to the object of the legislation. Also, Article 14 is
certainly attracted where equals are treated differently without any reasonable
basis."
Nandini Sundar V. State Of
Chhatisgarh
(2011)
supreme court addresses the issue
of ill-treatment, torture, murder, and forced displacement suffered by
local people. The Court reaffirmed that these actions on part of the State are
unconstitutional and ordered the State to strictly abide by the rule of
law. For this, orders were passed to stop SPOs with immediate effect to stop them
from funding the other vigilante groups' recruitment.
Swamy Shraddananda V. State Of
Karnataka
The Apex Court had held that if the
Court has good reasons to substitute death sentence by life imprisonment or by
a period of 14 years, it can direct the convict to not be released from jail
for the rest of his life or for the actual term as specified in the order, as
the case may be.
Zahira Habibullah Sheikh &
Anr V/s State of Gujarat & Ors
(2006)
The Supreme Court bench raised vital
questions with regards to the roles of various bodies like Court, Investigating
agencies, Public Prosecutors etc. in a criminal proceeding. When the State
prosecutes the State itself, there arises a major concern of State-sanctioned
and sponsored criminal bouts of communal violence. It extends to every officer
of the prosecuting State undertaking every effort to ensure the acquittal of
accused officers of the State.
Kihoto
Hollohon v. Zachilhu and ors.
(1992)
The Supreme Court considered the
52nd Amendment to the Constitution and held that it violated the whole
Constitution as the Constitutional scheme for decisions on questions on
disqualification of members after being duly elected, contemplates adjudication
of such disputes by an independent authority outside the House, namely
President or Governor in accordance with the opinion of the Election
Commission, all of which who high Constitutional functionaries are.
Aruna
Ramchandra Shanbaug v. Union Of India
(2011)
The Apex Court considered the principle of parens patriae, It prevented any misuse by determining termination of life of a person in High Court. Thus, passive euthanasia was allowed by the Court in some cases. But even for this, the approval has to be taken from the concerned High Court and proper procedure is to be followed.
Section 138 of Negotiable Instruments Act, 1881The Negotiable Instruments Act, 1881 talks about three types of instruments. These are promissory notes, bills of exchange and cheques. 'Negotiable' means read more
Section 138 of Negotiable Instruments Act, 1881
The Negotiable Instruments Act, 1881
talks about three types of instruments. These are promissory notes, bills of
exchange and cheques. 'Negotiable' means transferable in regards to consideration.
'Instrument' means a written document creating a right in favor of the other
person. Thus negotiable instrument means a document (sum of money) transferable
by delivery.
The
discharge of liability of the accused has been decided by the various Courts.
The concept can be understood by discussing relevant case laws which are as
follows:
Joseph Vilangadan v. Phenomenal Health Care Services
The
Bombay High Court has held that no liability of the accused arises when the he
had issued a cheque merely to serve the purpose of serving as security
deposit and not for discharging any of his debt or loan. The language
of the agreement is the best source to determine the purpose of drawing a
cheque.
Goaplast Pvt. Ltd. v. Shri Chico Ursula Dsouza
In
this case, it was held that a post dated cheque is not payable
on demand till a particular date. It is not a cheque in the eyes of law till
the date it becomes payable on demand.
"When
a posted dated cheque is written or drawn, it is only a bill of exchange and as
such, the provisions of Section 138 are not applicable to the said instrument."
Anil Kumar Swahney v. Gulshan Rai
In
this case, the Supreme Court has held that one of the most important
ingredients of Section 138 is the cheque has to be returned by the bank unpaid.
There can exist no charge of offence under Section 138 until the bank doesn't return the
cheque unpaid, even if the drawee has knowledge of the same beforehand.
Regarding
post dated cheques, the Apex Court held that they cannot be presented before
the bank until the actual date arrives. only when the post-dated cheque becomes a
"cheque", with effect from the date shown on the face of the said
cheque, the provisions of Section 138 come into picture.
The conclusion
is that a post-dated cheque has the value of a bill of exchange only till the
date written on it. In the words of Supreme Court:
With effect from the date shown on the face of the said
cheque it becomes a "cheque" under the Act and the provisions
of Section 138(a) would squarely be attracted. In the present case
the post-dated cheques were drawn in March 1990 but they became
"cheques" in the year 1991 on the dates shown therein. The period of
six months, therefore, has to be reckoned from the dates mentioned on the face
of the cheques.
CC.No.16701 of 2012
Another
instance where the accused is not held guilty is when the complainant fails to
produce copy of loan agreement and copy of loan account statement. Non-
production of these two material documents are fatal to the case of
complainant. The cheques, in the present case, were solely issued for the
purpose of discharging his liability, but the complainant failed to produce evidence
of outstanding existing balance amount. Thus, the Bangalore High Court
held that
"Therefore, the Section 138 of NI Act is not applicable to the undated cheques
given as a security to loan agreement. As we all know that the cheques
collected for the security of loan amount should be treat as a security for the
loan amount. Those cheques cannot be used for any other purpose."
Conclusion
There
have been many changes to the law regarding dishonour of cheques, specially
with regards to jurisdiction. The Negotiable Act assures a speedy trial in such
cases and bring inviolability to the system by reducing default of payments.
Understanding ConfessionsA confession can be defined as any person admitting his guilt while being in custody. He states that he is guilty of the offence he is charged for. In the words of Justice Stephen, read more
Understanding Confessions
A confession can be defined as any person admitting his guilt
while being in custody. He states that he is guilty of the offence he is
charged for. In the words of Justice Stephen, a “confession” is an admission made at any time by a person
charged with a crime stating or suggesting the inference that he committed that
crime.
Even the Supreme Court has opined that confessions are the
highest degree of reliable sources because no person would be willing to face
the repercussions of the crime he has not committed. He will confess only when
he is actually guilty of that crime and genuinely feels he should be punished.[1]
Any statement which contains self blaming matter which is
false, would not amount to a confession merely because the person has stated
it. There needs to be strong evidences also to support that confession.
Statements
recorded by Magistrate
The statement by the
accused needs to be recorded to serve the following purposes:
Firstly, to discourage
the witness from changing their statements again and again.
Secondly, to get over the immunity
from the prosecution in regard to information given by the witness under
section 162 of the code.
The legal provision in
this regards is Section 164, Code of Criminal Procedure.
Section
164 Decoded
Section
164(1) gives the Magistrate the authority for recording a
person's confession or statement. There is no jurisdictional issue involved.
This means it doesn't matter whether he has a jurisdiction over that person or
not to record the statement. In case he
doesn't possess jurisdiction, then he has to forward the recorded
statement/confession to the Magistrate who is legally empowered to try the
case.
Section
164(2) acts as a warning. The Magistrate has to inform the
person willing to make a statement/confession that he is not legally bound to
do so and that such statement may act as an evidence against the person who has
made it. Also, the Magistrate will not record the statement unless he is fully
satisfied that such statement/confession is being made voluntarily, and not
under any pressure.
The Indian Courts have observed that where the
confession is made by the accused and recorded by the Magistrate, but the
latter failed to make the former aware of the warning under Section 164(2), such
confession cannot be taken into consideration by Courts.[2]
Section
164(3) guarantees that the person who is willing to
confess or make a statement is not pressurized by the police to do so. When the
accused
The fourth clause of Section 164 talks
about manner of recording confessions. It states that these must be recorded in
accordance to Section 281of Code of Criminal Procedure and
shall be signed by the person making it. The Magistrate is to then make a memo.
Signing a printed confession will be violative of this section.
One of
the mandatory requirements is that the confession once recorded must be signed by
the accused. This is to maintain transparency. The confession has to be
attested while being made before any officer in Court who is trying the case.
Section
164(5) lays down the manner of recording a statement by
witness. It can be recorded even when the chargesheet has already been filed.
While sub section 6 of section 164
states that in case he doesn't possess jurisdiction, then he has to forward the
recorded statement/confession to the Magistrate who is legally empowered to try
the case.
Recorded
Statement: Public or Private?
The statement which is
recorded by Judicial Magistrate or
Metropolitan Magistrate under section 164 CrPC is a public document under
Section 74 of Indian Evidence Act,1872. This evidence is admissible under Section 80 of the Indian
Evidence Act, 1872.
The statement of witness recorded under section 164 CrPC, is
a public document which does not require any formal proof and there is no
necessity to summon the magistrate who records the same[3]
Principles to be Followed
The Supreme Court had laid down the following principles:[4]
1.
The provisions of Section 164 Cr.P.C. must be complied with not
only in form but in essence.
2.
Before proceeding to record the confessional statement, a
searching enquiry must be made from the accused as to the custody from which he
was produced and the treatment he had been receiving in such custody in order
to ensure that there is no scope for doubt of any sort of extraneous influence
proceeding from a source interested in the prosecution.
3.
A Magistrate should ask the accused as to why he wants to make a
statement which surely shall go against his interest in the trial.
4.
The maker should be granted sufficient time for reflection.
5.
He should be assured of protection from any sort of apprehended
torture or pressure from the police in case he declines to make a confessional
statement.
6.
A judicial confession not given voluntarily is unreliable, more
so, when such a confession is retracted, the conviction cannot be based on such
retracted judicial confession.
7.
Non-compliance with Section 164 Cr.P.C. goes to the root of the
Magistrate’s jurisdiction to record the confession and renders the confession
unworthy of credence.
8.
During the time of reflection, the accused should be completely
out of police influence. The judicial officer, who is entrusted with the duty
of recording confession, must apply his judicial mind to ascertain and satisfy
his conscience that the statement of the accused is not on account of any
extraneous influence on him.
9.
At the time of recording the statement of the accused, no police
or police officer shall be present in the open court.
10. Confession of a
co-accused is a weak type of evidence.
11. Usually, the Court
requires some corroboration from the confessional statement before convicting
the accused person on such a statement
A number of cases have been listed wherein the bank officials repeatedly call and harass the customers for payment of debt. They call through anonymous numbers and sometimes even abuse the bank customer, read more
A number of
cases have been listed wherein the bank officials
repeatedly call and harass the customers for payment of debt. They call through
anonymous numbers and sometimes even abuse the bank customer, thereby crossing
all the moral limits. This imposed a serious problem of anger and rage within
the customers and by seeing such behavior, the bank officials are avoided by
them because of their abusive language etc..
The Reserve Bank
of India had released some guidelines in this regard. The credit card holder
who has failed to make payment can opt for the following recourse when harassed
by bank officials:
Police Complaint
They can file a
complaint with the nearest police station. The complaint filed must be against
the bank and if the case is refused to be rejected by the police, the next
person who can be approached is the Magistrate.
Injunction Suit
The person can
also go for filing an injunction suit in Civil Court, a civil one against the
bank. This remedy can be sought to stop the bank officials from unnecessarily
visiting the premises of the credit card holder for recovering the dues.
Filing complaint with RBI
RBI has issued
guidelines governing the recovery agents for the purpose of approaching the
credit card holder at default. Thus, if the conduct of bank officials seems
threatening, the person can file a complaint with the RBI.
Allegation of extortion
If the bank
officials repeatedly call the customer, he can legally file a case of extortion
against the bank official for forcefully taking the money.
The step by step legal action which
can be taken by a person, being a victim of such harassing calls, is as
follows:
Step 1: Complain to your bank
Almost all banks have a grievance department.
The customer can approach that department and have a one to one discussion on
the matter. Also, the complaint can be registered on a toll free number or
website of the respected bank.
After filing the complaint, the customer has to
wait for a period of 30 days for the bank to solve the matter or give a reply.
Step 2: Approach the
banking ombudsman
If there comes no response from the bank within the stipulated 30 days, the
banking ombudsman can be approached. RBI appoints such person as a senior
official who redresses the complaints by customers.
The ombudsman has a duty to
provide a legally binding decision which shall call for settlement between the
bank and customer.
The grievances which relate
to credit cards are to be filed with the ombudsman in whose territorial
jurisdiction the billing address of the customer is located.
Step 3: Legal route
If aggrieved by the order of ombudsman, an appeal can be filed before the
appellate authority within a period of 30 days. The Deputy Governor of RBI acts
as the appellate authority for the matters relating to credit cards.
The alternate measure is to approach the
consumer redress forums or Courts.
Noida, India
New Delhi, India
Secunderabad, India
Bengaluru, India
Bengaluru, India
Patiala, India
Patiala, India
Kolkata, India
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"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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