Applicability Of Foreign Judgment in India – Review

With globalization at its peak, India is emerging as a global player internationally. So, getting a hang of laws related to enforcing foreign judgments in India is a good idea. Before we move on, let’s define some of the associated legal terms for clarity purpose. While decree means judgment a foreign court is a court that is located outside of India and not established or under the control of Central Government of India. Foreign judgments thus refer to judgments that are made in foreign courts viz courts outside India.

The recognition of a foreign judgment in India is based on certain agreements between countries, bilateral or multilateral understandings or unilaterally at times as well. The decision is said to be recognized only if a country’s jurisdiction accepts the decree/ judgment of another country’s court and passes the judgment on the same lines without asking for a re-hearing of the original lawsuit substance.

There are two ways in which a foreign judgment can be enforced in India.
1. File a petition for execution under section 44A of the CPC
2. File a suit upon the foreign decree/ judgment

Point 1 is only valid for reciprocating countries or territories as per the section 44A of CPC.
As per CPC section 44A, explanation 1, reciprocating territory is defines as any territory or country outside India, declared as a reciprocating territory by a notification in the official gazette.
Some of the countries that fall under the list of reciprocating territories are UK, Bangladesh, UAE, New Zealand, Hong Kong, to name a few. In all there are 12 territories under the category.

Point 2 is valid for non reciprocating territories like USA, where in a law suit has to be filed in an Indian court within a time limit of 3 years of the foreign judgment. The Indian judiciary considers the judgment as evidential.

Decree Execution for Reciprocating Territories
1. If a certified copy of the judgment from a reciprocating territory is provided to the court in India, the judgment is executed in India similar to any other judgment passed by Indian District Court.
2. A certificate from the superior court stating the extent to which the decree can be adjusted or satisfied as a conclusive proof for the same.
3. While executing a decree the proceedings of the district court will be subject to provisions of section 47 and if such a decree falls under any of the exceptions stated under its clauses (a) to (f) and satisfies the court, then the court would reject or refuse execution of the same.

Decree for Execution of Non Reciprocating Territories
If a decree does not pertain to the supreme court of a reciprocating country or a reciprocating territory for that matter, the decree cannot be executed in India directly and a fresh suit needs to be filed in the Indian court on the basis of the foreign courts decree. This decree would then be considered as evidential for the case.

Having said that, it is mandatory under both cases for the decree to clear the test of IPC section 13, which covers certain exceptions with regard to the conclusiveness of a foreign judgment.

Legal Guidelines Issued by Government About Police Encounter Investigations

Legal Guidelines Issued by Government About Police Encounter Investigations

Police encounters are commonly heard of in India and most of us are even aware about many cases that smell fishy as well. Even government as taken notice of some fake encounter cases that have come forward and hence issued certain guidelines that the police department needs to adhere to in order to streamline the whole procedure and for investigation convenience as well.
1. It is mandatory put information regarding any tip off regarding a criminal offense in some form or the other either in writing (case diary preferably) or electronically, by a higher authority. Though, it is not mandatory to reveal all the details about the information like location or suspect.
2. If an encounter occurs post the tip-off or intelligence information, then it is mandatory to file an immediate FIR as per the procedure described under section 158 and forward it to the court under section 157.
3. The police team of another police station or the CID has to investigate the encounter or incident under the supervision of senior officer or atleast an officer of the same cadre to that of the one involved in the encounter. The team will need to collect the following information from site as well.
a. Identify the victim and take color pictures of him/ her. | b. Collect and preserve evidence related material like blood stained clothes, earth, hair, threads, equipment, fibers and more.
b. Identify and collect details of witnesses on site including their name, contact, address and more. Write down their statements or record them on video/ audio. Also, take down the statements of the police personnel involved in the encounter and pictures, video or sketch of the scene. Note down the death time and the whole process of the encounter that resulted in the death of the criminal.
c. Send the untouched finger prints of the deceased for chemical analysis. Also, any other finger prints collected on site have to be sent as well.
d. Evidence like weapons, cartridges, bullets, cartridge cases and more need to be taken into custody and preserved. Gun shot residue tests as well as metal detection traces need to be carried out wherever applicable.
e. It is necessary to note down the cause of death of the deceased, whether it was a suicide, homicide, encounter, natural or accidental death.
f. Two doctors need to conduct the postmortem of the deceased in the district hospital and one of them must be the hospital head or incharge. It is mandatory to cover the process through videography and preserve it.
9. The encounter information needs to be immediately sent to the NHRC or state human rights commission as per the case. Though NHRC need not necessarily get involved unless there is some doubt about the investigation or the encounter’s authenticity.
10. If the victim is injured in the encounter, then immediate medical aid needs to be provided to the victim and his/her statement has to be recorded in front of the medical officer or the magistrate. A medical fitness certificate also needs to be acquired from the officer.
11. In all the cases, where the encounter has resulted into death or deaths, a magisterial inquiry becomes mandatory under section 176 and the report of the it has to be sent to the judicial magistrate under section 190.
12. In case of death, the immediate relative of the criminal/ victim must be informed immediately.
13. In case of death or deaths in an encounter, it is mandatory to send half yearly statements of the cases of police firing to NHRC by the DGP’s. The due date for the statements is set to January and July 14. The format for the statement needs to be as follows and wherever applicable documents of reports have to be attached.
1. Criminal case no.
2. Investigating agency
3. Date/ Place of death
4. Situation resulting to death
a. Self defense | b. unlawful assemble dispersal course | c. affecting arrest course
5. Facts about the incident in brief
6. Report from inquiry by senior officers/ magistrate
7. Information related to
a. Police personnel responsible for the death |b. Information on use of force, lawful action or not.
15. In case if the conclusion report show evidence of a fake or unlawful encounter amounting to offense under the IPC, then disciplinary action against the responsible officer needs to be taken promptly after immediate suspension.

* Disclaimer – Sourced from the internet. Verification required

Written Agreements – A Smart Idea

The times when people used to make a promise and stay true to them for their rest of their lives, are not a reality anymore. Today, in order to keep many of the undesirable tiffs or issues between two people, its advisable to seal the agreement with a legal stamp. There are a lot of reasons beyond betrayal or denial for doing so.

Written Agreements - A Smart Idea
1. Situation – Sometimes, we make promises in a certain mood or situation. If we do not put on paper, their value might decrease. For a period when relationship with the person or people you get into agreement is going smooth, it might work well but the time the relationship develops some bitterness or sourness, it might not work. Hence, if it is a vital agreement, then a good idea to keep it on paper.

2. Memory Issues – Certain agreements tend to be forgotten with time unless they are jot down officially. Further, if you just get unlucky around the death of the person or any sort of memory loss due to an accident, a written agreement would certainly help you sail the situation.

3. Clarity Purpose – Many a times, orally spoken agreements are not understood by one or the other participant. If the same is written down, in a clear cut and understandable language, it works best.

4. Attention – Generally, people don’t pay much heed to oral agreements as they are well aware that there are no chances of them getting into any kind of soup in case they do not abide to the agreement later. But, when an agreement is written down, people not only read it carefully but they know that they are obliged to abide by it.

5. Avoid relationship issues – When agreements are verbally agreed between two people in good terms with each other, and one of them happens to ditch the agreement then as nothing is there on paper, the other becomes helpless and it only results in relationship getting sour. With a written agreement in place, you may as well avoid such issues.

6. Avoid Frauds – Lets face it. There is never a guarantee that everyone would be true to their word, its just outright unrealistic in the present age. A written agreement is by far an apt solution to keep fraud at bay and even if it occurs, you have a proof document to win the case, if you decide to go the court way.

These are just some of the issues that you might have to face if you just take a leap of faith and do not opt for written agreements. Therefore, a smart idea definitely would be having a written agreement to support the verbal ones. More importantly, after putting the verbal contract down in writing, read it carefully and clear every associated doubt around as well.

All You Need To Know About Power Of Attorney

There are times or rather unavoidable circumstances, when you are not able to process important legal transactions. These circumstances could be illness, foreign travel, serving prison or more. Power of Attorney is a legal pact that provides the right to do a legal procedure on your behalf for your properties or do decision making about anything on your behalf. This can be done with a simple legal procedure where in a legal document, mentioning the rights provided to the person, you have assigned the power of attorney to has to be made and duly signed by both.

POWER OF ATTORNEY

Here is how you can use Power of Attorney to your advantage –

Health Concerns – Critical decisions related to health need to be taken with great presence of mind. With a medical attorney, you may might as well give the power to take any crucial decision concerning your health, when you are ill and not medically capable of taking them.

Legal Transactions – Whether is is about selling or buying a property or any legal transactions that involves money related transactions, it provides them the right to manage your assets on behalf of you.

Family Matters- A power an attorney is of a great help in circumstances where couples are married but are not able to move in because they work at different locations of the country or may be one of them is serving in the defense and is posted in some other location or remote area.

Business Decisions – It is quite helpful to businesses in situations when decision making authorities are not in a position to take decisions due to international travel or illness with inability in decision making, etc. For examples in a company with five board of directors, if one of them is unable to be present at the board meeting on a vital decision making subject, he can assign someone known to him to take a decision on his/ her behalf by providing them a power of attorney. Also, sometimes a busy schedule of the director does not permit him/ her to be present at each and every meeting that needs his/ her presence. Even in such cases, assigning a power of attorney for the same to could be quite useful.

Having said that, before assigning power of attorney to someone, you need to be very careful and choosy because the assigned person needs to be a loyal and honest person. Otherwise, he might as well misuse the same in the best of his/ her interest and you might end up in a soup. So, assign your power of attorney to an extremely reliable and trustworthy person and keep yourself fraud safe.

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The Significance of a Business Transaction Lawyer For Businesses in India

When it comes to business decisions that involve legal procedures and monetary transactions, and any issues arising due to legal inability or ignorance can cost you a fortune for sure or land you in a legal soup. So, it is important for a business to have a business transaction lawyer. This is not just true for large companies but also for start ups. In future when the need of merger with some company or selling the company arises, a business transaction lawyer could be of utmost help.

Like when you don’t feel well you seek a doctor and you find specialists around every health concern, today you find specialist lawyers as well and one of the area of specialization besides crime and civil is business transaction. Here are a few benefits of hiring a Business Transaction lawyer for your business.

Inception – When you start a business, the lawyer can help you organize your business under a relevant category. For example business lawyer helps you on deciding whether to go for a corporation

Licenses and Taxes – You would be definitely having an accountant to take care of your business tax returns, but understanding the business transactions and consequences tax frauds as well as registrations like state tax identification numbers is very important. Business transaction lawyers can help you with that.

Intellectual Property – Intellectual properties include your logos brand names and other creative or idea based exclusive intellectual properties which need to be copyrighted or trademarked. Lawyers can help you with the procedures related to getting your stuff protected against copy or duplication.

Real Estate Dealings – For a business infrastructure, you might as well need to buy or lease some commercial space or land and here is when a business transaction lawyer comes in the picture. Documentation of such transactions or deals requires an eye for legal detailing or else the landlord could devise the documentation the best of his/her interest only.

Contractual Documents -There are certain legal procedures that need to be followed while getting into contractual agreements. In such situations when you need help in contract matters While dealing with suppliers, distributors, clients or customers, its always smart to avail the services of a business transaction lawyer.

Well, these are just few of the benefits that business transaction lawyers provide with respect to your business big or small. So, keep yourself at bay from the stressful encounters with law and even unnecessary and unexpected monetary losses. Just one last say, choose a lawyer based on expertise and thorough knowledge of the business transaction or legal sector.

TRADEMARK RULES IN INDIA – UPDATES IN 2017

TRADEMARK RULES IN INDIA – UPDATES IN 2017

The trademark rules coined in the year 2002 were refined this year after inviting objections and suggestions surrounding them through a notification by the Government of India. Finally, the new set of trademark rules that are devised with an objective of expediting the whole trademark procedure are implemented and out. Here is run down the major updates in the rules and regulations relevant to trademarks.

DECREASE IN APPLICATION FORM TYPES
Earlier there used to be umpteen categories with around 74 forms. But, this year the number of forms are significantly reduced and now the available types include on 8 numbers. This is apparently, the highlight of the update. Less confusion, less fuss, more speed.

NEW APPLICATION CATEGORIES
This is one of the most significant modifications in the trademark rules since 2002. Now, there are only two categories for applications –
1. Start up / Small Enterprise / Individual
2. Others
Startup is an enterprise where in Investment in plant and machinery does not exceed 10 crores in a manufacturing company and investment equipment does not exceed 5 crores in a service based company or a small enterprise registered 5 years before with a turnover not exceeding 25 crores. A Startup must get certified by the Inter-Ministerial Board as well.

INCREASE IN APPLICATION FEES
The application or processing fees for trademark application have been doubled as on 2017. Though, a 10% discount is applicable for online applications.

SPEEDY PROCEDURE
The Government has made new provisions for expediting the process of trademark registration. This includes fast tracking all the steps from examination to review, hearing appointments, and more until the final registration.

HEARING VIA VIDEO CONFERENCING
Going digital, the government will now be hearing all the trademark applications via video conferencing or any other type of audio-visual communication at the respective offices.

RENEWAL TIME EXTENSION
The renewal period which was earlier 6 months has been extended to 1 year. Thus, renewal can be done within 1 year of expiry of the registration.

ZERO EXTENSION FOR EVIDENCE FILING
The time for filing evidence with respect to a trademark cannot be extended any further from now onwards. Earlier, one could extend the filing period by one month on paying a pre-decided amount for the same.

ADJOURNMENT LIMIT SET
The adjournment limit is now set by the government to only 30 days max and cannot be exceeded.

ASSIGNMENT FEES FIXED
As per the new regulations an assignment fee of 9000 INR is payable irrespective of the date of the assignment. So same fee is applicable for assignment requests made within 6 months or 12 months.

Well, all the said changes and more have been devised with an objective of speeding up the entire procedure of trademark registration without much of a hiccups for the applicants as of now

How to Deal With Trademark Application Rejection

 

Employment Bond In India

The liberalization policy has worked really well as far as employment opportunities in India are concerned. Umpteen multinationals and corporate giants have made India their work centre, as employment here is cheap, comparatively. Employment bonds are therefore a common term used these days. Companies spend a fortune on training their employees in terms of money and time. Therefore, Employment bonds is an obvious choice because an early exit by an employee leads to financial losses of the employer and gain of another/ competitor firm as well.

Employment Bond – Definition
Employment bond is nothing but an employment contract between an employer and an employee. It is apparently a list down of particular terms and conditions that are applicable to employee and he/she abides by it.

Employment Clauses
The bond includes a minimum time period the employee needs to work with the firm, violation of which may result in compensation amount to be paid by the employee. Additionally the clause may also restrict the employee from indulging into any other business/part time job while working with that organization.

Legal Restrictions
As per section 27 of Employment Act in India, an employer is not permitted to put any direct or indirect restrictions on the employee to work with the them for a fixed period or to restrict him/her from working with their competitors.
Some of the restrictions that are considered void under the Indian law even if they’re applicable to an employee include joining another company or competitors or forcing the employee to serve a pre-determined period of time.

Employment Bond Requisites
An employment bond is considered to be valid if it has the following –
1. Duly signed by both the parties without any pressure, with or without witness.
2. It needs to be printed on a stamp paper of particular value
3. Confidentially clause is optional
4. The time period and compensation included need to be acceptable.

Employer Benefits
The reason why companies, organizations and businesses harp upon employment bonds is the benefits and security it brings in to the employers. In case, an employee breaches a contract, the employer can drag him/ her to the court for compensation against time and resources spent on training of that employee.

Having said that, an employment bond, hasn’t been an effective way to retain employees, rather it has shown a negative impact over the years. Hence, positive polices like a mutually beneficial employment contract, reasonable compensation, structured salary package and genuine increment standards for encouraging retention, sounds like a far better idea.

How to Deal With Trademark Application Rejection

For a brand, company, organization or service provider trademark bears high significance as it about the protection of the representations, expressions, symbols and designs of its products or services from copying or stealing. Even though is it a tedious and time consuming process, brands definitely opt to apply for trademark registrations and secure their official expressions. Companies apply for the trademark at the time of their inception usually and wait until the approval is received. Meanwhile, many of them start their identity and branding. On one hand, this helps avoid time wastage, but on the other hand is risky as well. Reason being the rejection of their trademark application. This would not only result in loss of time but financial losses in terms of the bucks spent on launch, identity and branding as well.

Trademark Application Rejection

AVOID TRADEMARKS ALREADY IN USE
If an expression, name, sign, symbol is similar to an already existing trademarked one, your application has a definite chance of rejection. Hence, it is advisable to avoid the use of conflicting names, signs and symbols as much as possible by doing a doing a check about the same.

AVOID USE OF COMMON WORDS
Words used commonly on a routine basis by people cannot be trademarked. For example you cannot get the word ‘Car’ trademarked because it is a common term used by people and it cannot be exclusively owned by a company or brand. Inventive words are a trend these days and are created by a combination of two or more words, these types are generally acceptable as they dont have any meaning at all, so trademark issues are resolved easily.

AVOID USE PROHIBITED EXPRESSIONS
Nationally regulated elements, expressions or symbols, like flags, geographical locations, symbols, emblems, hallmarks and more national as well as international are not applicable. For example the word ‘India’ or the flag of India is not applicable for a trademark.

AVOID EXPLANATORY EXPRESSIONS
Words that are used in general for describing things are not applicable for registration. It is therefore advisable not to use words like example ‘Fat’ for trademark registration.

AVOID OFFENSIVE EXPRESSIONS
Trademark applications are generally rejected if words, signs, symbols or designs are offensive in a way or other to a religion or community. So it is always a good idea to avoid the use of such expressions.

AVOID INDECENT EXPRESSIONS
You may not consider using expressions that are disgraceful as they are generally not acceptable for trademark registration. One such example is pornography.

In today’s times the expression protection issues are on the rise, all thanks to Internet that has brought us the privilege of accessing information anywhere anytime. Besides, Creating an identity amid the clutter of similar competitors or rising above the noise of umpteen similar products, services, brands etc, trademark protection or intellectual rights protection looks like the best possible solution. It not only protects your intellectual rights against duplication and misuse but is a recognition of uniqueness as well.

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All You Need To Know About Essential Legal Rights Of Women In India

Women Legal Rights in India

Women have known to be soft targets for centuries now. Being the weaker section of the society, they have borne the brunt of inequality, domestic violence, sexual harassment, exploitation, slavery, but to name a few. Well, efforts to work towards the upliftment of women have also been at the forefront of some of the able minded people of the society, since long. Known social reformers like Raja Ram Mohan Roy and some unsung ones like Ishwar Chandra Vidhyasagar, Virchand Gandhi dedicated their lives for the upliftment of women in Indian Society.

Well, in the recent years, India has been witnessing the waves of change. The taboos, beliefs and systems created by our ancestors, men and women both, are now slowly getting erased from the minds of people. Now that education and exposure to information and knowledge has empowered people to think with an open minds, undoubtedly times are changing and for good.

But, in a country like India with a billion people and majority of them living below the poverty line, the picture in rural areas hasn’t changed as compared to the urban side. Women today have access to many legal privileges that empower them to fight for their rights with a certain amount of ease. You need to remember that as a women, you are born an equal to man and no one can come and just deprive you of that freedom, for any reason whatsoever. Let us run through some of the legal privileges every woman needs to be aware of because many of us are ignorant on the same.

Zero FIR Shield
Under the Zero FIR provision, a female victim has the privilege of filing her compliant at any of the police stations across India, irrespective of the jurisdiction in which the incident has occurred. Post Fir lodging with the magistrate, it is transferred to the respective police stations.
Relief – Timely action against crime.

Identity Anonymity Shield
Under the section 228A, the anonymity of the victims identity such as name or related information cannot be disclosed by anyone and is a punishable act. This is applicable for female victims offended under section 376.
Relief – Protection against Social Victimization.

Domestic Violence & Cruelty Shield
Domestic Violence and cruelty is a common practice in India and in-order to protect women against the same, there is section 498 of IPC. Under it a female victim can register a non bailable compliant against the husband live in partner or relative. Further, under the Section 18 of our constitution, a perpetrator or accused is barred from entering her area or work, meeting her or communicating with her in any way. The forms of violence under this section include physical, verbal, emotional, economic and sexual.
Relief – Protection from abuse of every kind.

Sexual Harassment Shield
Sexual Harassment at workplace is highly prevalent with the urban section of the society as well as the rural or labor class. To enure the safety, dignity and respect of women at workplace, the constitution allows women victims to file a written compliant to the Internal Complaints Committee (ICC) within 3 months after the incident takes place. The local Complaints committee (LCC) takes up the mater later on if there is no further action in the matter. Even the heir of the victim or any one with a written permission from the lady can file a compliant on her behalf.
Relief – Protection against workplace exploitation.

Representation Indecency Shield
We all have come across umpteen cases where women have been threatened of their private pictures or videos being aired, broadcast or shared and asked for indecent favors, extortion, etc. There are instances where they are secretly shot without knowledge and shared as well. The above law protects the lady from any indecent or vulgar representation of her figure, her body or any part and is considered to be a punishable offense. Victim can immediately raise a complaint against it under the said provision.
Relief – Protection of Dignity and Respect.

Alimony after Divorce
As per section 24 of the Hindu Marriage Act, the working spouse needs to pay the non working spouse a fixed amount as maintenance when the divorce is in process. While the section 25 makes provision for periodical or one time maintenance altogether for the applicant spouse, most of the cases being females. A women has a right to claim her maintenance from husband on account of domestic violence, adultery, polygamy, desertion, conversion like issues, during a divorce. Similar laws are there for Muslims, Parsi and Christian women as well.
Relief – Financial stability during tough times.

Family Property succession
If you’re aware, there was this recent amendment in the Hindu succession act of 2005, under which a female can now claim equal share in family property. Earlier it was the male who had the major share in the Property, is got revised in 2015.
Relief – Equal status in family.

Well, it is still a bumpy road ahead for women across all age groups, but none the less these legal privileges are certainly like shock absorbers for them, helping many of them through these patchy roads they ought to tread at some point of life or other.

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* Disclaimer – Sourced from the internet. Verification required

Legal Education In India – 7 Interesting Law Specializations

Legal Education in India

Law definitely offers a promising career with influx of opportunities due to globalization in the law sector. Besides, opportunities from private sectors are opening doors for law professionals to work with corporate houses, real estate companies, film industry, healthcare and more. After graduation though, there comes this dilemma of choosing a specialization for masters. It is always advisable to have a masters degree at least these days, when the competition levels are extremely high. A doctorate in law would definitely put you into another class altogether, but that isn’t a cake walk anyways. Law offers many different subjects to choose from as specialization. Here is run down the few specializations that offer lucrative career prospects in Law.

CIVIL LAW – This subject deals with the major areas of litigation that include damage suits, gaurdian disputes, deeds, wills, individual rights and disputes and more. This specializations come with immense scope for private practice more so, though it also offers good job opportunities with government and private bodies.

CORPORATE LAW – This is presently, one of the most sought after specializations in India that offers opportunities to work or consult corporate giants around contracts, ordinances, privileges and more.

PROPERTY AND ESTATE LAW – With realty business in boom, the demand for real estate lawyers is also on the higher side. Property and real estate laws includes sale deeds, property mortgage and lease issues, property titles, property conveyance, to name a few. You get to work with real estate companies as their employee or legal adviser.

INTELLECTUAL AND PATENT LAW – This area of specialization is gaining popularity more so with globalization winds making their way through this sector. Companies and brands are putting in their efforts to protect their products using the patent and intellectual property rights law. This law deals into trademarks, copyrights and more.

INTERNATIONAL BUSINESS LAW – This specialization also has a good career-scope in the private sector, corporate houses nationally and international opportunities as well. It deals with laws related to international business and trade. This includes international trade, tax, arbitration, competition law, contracts and more.

TAX & BANKING LAW – Specialization in tax and banking is a good idea as well with banking, finance and corporate companies hiring specialists in the area for dealing with their finance and tax matters.

CRIMINAL LAW – If you are up for a challenging, exciting and thrilling career then criminal law is the specialization for you. A roller coaster ride when it comes to work, it deals into interacting and interrogating the accused, witnesses, working around forensic reports, post-mortem reports, things found at the scene relating to the crime and more. You may go for private practice or work as a public prosecutor. Criminal law pays well but might be taxing for some.

Well, there are more additions to the list of specializations available in the legal education sector in India, though you need to choose the one that interests you the most and is lucrative as well so that you can carve out a skyrocketing career graph for yourself.

KLE Law college offers law specialization courses. It’s one of the top law schools in India.

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