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<h2 style="color: red; margin-left: 10px;">Legal Queries</h2>
<hr>
<h3 style="margin-left: 10px;">
<u>COMMON LEGAL QUERIES</u><br><br>
(1) What are my rights as a citizen? <br>
The Constitution offers all citizens, individually and collectively, some fundamental freedoms. These are guaranteed in the Constitution in the form of six broad categories of Fundamental Rights, which are justifiable. Articles 12 to 35, in Part III of the Constitution, deal with Fundamental Rights. These are:
<br> i. Right to equality, including equality before the law, prohibition of discrimination based on religion, race, caste, sex or place of birth, and equality of opportunity in employment matters.
<br> ii. Right to freedom of speech and expression, assembly, association or union, movement, residence, and right to practice any profession or occupation (some of these rights are subject to security of the State, friendly relations with foreign countries, public order, decency or morality).
<br>iii. Right against exploitation, they prohibit all forms of forced labour, child labour and traffic of human beings.
<br>iv. Right to freedom of conscience and free profession, practice, and propagation of religion.
<br>v. Right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice; and
<br>vi. Right to constitutional remedies for enforcement of Fundamental Rights.
<br><br><hr>
(2) How can I file a complaint? <br>
Issues on which complaints can be registered with the NHRC
For not taking lawful action by authorities in police, administration and other government
departments on complaints related to the issues some of which are as follows:
<br>1. Unlawful detention, False implication, Custodial violence, Illegal arrest; Other police excesses;
<br>2. Encounter deaths, Custodial deaths in police/prison custody, harassment of prisoners
<br>3. Harassment of prisoners including their detention beyond the period of their punishment;
Unlivable jail conditions
<br>4. Atrocities on SCs and STs and denial of their dues under social welfare schemes including
land pattas
<br>5. Bonded labour; Child labour; Child marriage
<br>6. Dowry death or its attempt; dowry demand, Sexual harassment and indignity to women;
exploitation of women
<br>7. Non registration of complaints on denial of care by the kith and kin of older persons, human
trafficking, abduction, sexual assault, murder or attempt thereof, corruption or any such
criminal offence, which is punishable under law
<br>8. Inaction on measures or denial thereof to provide basic civic amenities like drinking water,
clean environment, health facilities, communication and transport, Right to Education, ration
under Public Distribution System, Right to Food including Malnutrition and Starvation deaths
and benefits under various social welfare schemes, like MNERGA, ICDS, old age pension,
LGBTI Rights etc.
<br>9.Rights of the Disabled and Displacement on account of Mega Projects and Environmental
pollution
<br>10. Inaction on complaints on issues, which require preventive action to check unlawful activity,
communal violence, public unrest, law & order situation from deterioration
<br><br><hr>
(3) Who can file a complaint:<br>
Victim or any other person on a victim’s behalf or on his own citing an incident of human rights
violation caused by the inaction, Commission and omission thereof by a public authority. The
Commission can also take suo motu cognizance of any incident of human rights violation on the basis
of media reports
<br><br><hr>
(4) How can I access legal aid services? <br>
Depending upon the territorial and subject matter jurisdiction of the case, an individual should approach the following appropriate authority:
<br>Taluk Legal Services Committee which is in the premises of the Court in that Taluk; or
<br>District Legal Services Authority which is in the premises of the District Court in the District Headquarters; or
<br>The concerned State Legal Services Authority (for particular cases, panels of which are maintained at State level);
<br>The High Court Legal Services Committee which is in the premises of the concerned High Court; or
<br>The Supreme Court Legal Services Committee for cases before the Hon’ble Supreme Court.
<br>Each District Legal Services Authority, High Court Legal Services Committee and State Legal Services Authority has a front office where an application can be moved.
One can even access and apply on the online portal of NALSA (https://nalsa.gov.in/) or the State Legal Services Authorities website.
You can apply for free legal aid either offline or online. You can fill up the ready-made form/application form that is available at your nearest Legal Services Authority and submit the same at either the Authority physically, or post the application to the Authority.
<br>You can even make an application in writing on a simple piece of paper with the necessary details such as your name, gender, residential address, employment status, nationality, whether SC/ST (with proof in support), income per month (with affidavit), the case for which legal aid is required, reason for seeking legal assistance, etc. and submit it physically or send by post.
<br>Another option is to send the application online, i.e. by email to NALSA (at [email protected]) or through the online application form available at NALSA’s website by going on the ‘Online Application’ Link on the Home Page, along with uploading necessary documents.
It is also possible to apply orally - a paralegal volunteer or an officer of the concerned Legal Services Authority will assist you in such cases.
<br><br><hr>
(5) How can I obtain legal documents?<br><br>
Loan Agreement
<br>What is a Loan Agreement?
<br>A loan agreement is a legal contract between a borrower and a lender regulating the mutual promises made by each party. It is a formal document that evidences a loan. An agreement is a legal document and a written promise to repay the money described by the Agreement between the lender and the borrower. This document records the terms between the parties, including the method and amount of repayment of loan and the penalty in case of default of such payment.
<br><br>Procedure for Loan Agreement
<br>No set procedure is applicable in the making of a loan agreement. However, once a lawyer has drafted the deal, it should be precisely and carefully read by both parties to the contract. Any necessary changes required to be made shall be carried out, and once the deal is finalised, it shall be signed by both parties along with the requisite witnesses. The loan agreement has evidentiary value when it is printed on stamp paper/e-stamp paper and signed by both the parties. The stamp paper value depends on the particular State in which it is executed. Each party should thereafter keep a signed copy of the Loan Agreement.
<br<br>
<br><br>Restraining order
<br>What is Restraining Order?
<br>A restraining order is a remedy used to prohibit a person from doing a specific act or directing them to undo a wrong committed by them. A restrianing order can either be temporary or permanent.
<br><br>Procedure for Restraining Order
<br>An application for a restraining order must be filed with the judge in whose jurisdiction the suit is pending or the suit property is located.
<br><br>
Simple Mortgage Deed
<br>What is Simple Mortgage Deed?
<br>A mortgage is a transfer of interest in certain immovable property in order to secure loan advanced or to be advanced in the future. A mortgage deed is a document through which the mortgagor transfers an interest in real estate to a mortgagee for the purpose of providing a mortgage loan. The mortgage deed is the evidence of the interest transferred to the mortgage holder. It determines the terms and conditions between the mortgagee and the mortgagor.
<br><br>Procedure for Simple Mortgage Deed
<br>Once a lawyer has drafted the contract, it should be precisely and carefully read by both parties. Any necessary changes required to be made shall be carried out, and once the agreement is finalised, it shall be signed by both parties along with the requisite witnesses. The said agreement has evidentiary value when printed on stamp paper and signed by both parties. The stamp paper value (if relevant) depends on the State in which it is executed. Each party should thereafter keep a signed copy of this mortgage deed.
<br><br>
Confidential Information and Non-Disclosure Agreement NDA
<br>What is a Confidential Information and Non-Disclosure Agreement NDA?
<br>A non-disclosure agreement is an agreement wherein one or more parties agree to not divulge certain confidential information. The non-disclosure agreement details the nature of such information, deemed confidential, and ensures that such information is not disclosed to any third party. Such an agreement is generally made between two parties doing business together and generally already have an agreement in place, stating the terms of such company.
<br><br>Procedure for Confidential Information and Non-Disclosure Agreement NDA
<br>The lawyer should be hired to draft a non-disclosure agreement or NDA, which protects the interests of the contracting parties and secures the objective of the agreement successfully. The agreement is to be printed on a non-judicial stamp paper or an e-stamp paper. The value of such stamp paper would depend on the prevailing laws of the state in this regard. Thereafter, the parties are required to sign the agreement.
<br><br>
License to use Copyright
<br>What is Licence to use Copyright?
<br>A copyright licence is a form of contract (also known as a 'permissions agreement') based in copyright law. It represents an agreement between someone who wants to use a work (a film, song, image, text, etc) and someone else who can give permission to use it, often in exchange for money.
<br><br>Procedure for Licence to use Copyright
<br>Once the agreement has been drafted by a lawyer, it should be specifically and carefully read by both the parties to the agreement. Any necessary changes required to be made shall be carried out and once the agreement is finalised, it shall be signed by both the parties along with the requisite witnesses. The agreement is then legally binding when it is printed on judicial stamp paper/e-stamp paper and signed by both the parties. The stamp paper value depends on the particular State in which it is executed. Each party should thereafter keep a signed copy of the Agreement.
<br><br><hr>
(6) What are the legal implications of a particular action?
<br><br>Video voyeurism
<br>Section 66E, IT Act, 2000: Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding Rupees two lakh or with both.
<br><br>
Stalking
<br>Section 354D, IPC, 1860: Continuously following a woman or contacting her, either online or in person, and where she has clearly shown that she does not want the attention is a criminal offence. It is punished by three years for a first offense, and five years for repeat offenses. The only exception is when a person is stalking a woman as a legal duty.
<br><br>
Sending obscene material without the consent of the recipient
<br>Section 354A, IPC, 1860 (sexual harassment): it includes the act of showing pornography against the will of a woman.
<br>Section 67, IT Act, 2000: It punishes sharing obscene material in electronic form. The punishment can be jail for five years and a fine of Rs 10 lakhs.
<br>Section 67A, IT Act, 2000: It punishes sharing material containing sexually explicit act in electronic form with jail for seven years and a fine of Rs 10 lakhs. The provisions of the Information Technology Act are not gender specific and apply to everyone.
<br><br>
Use of child for pornographic purposes
<br>Section 13, Protection of Children from Sexual Offences (POCSO) Act, 2012: Whoever, uses a child in any form of media (including programme or advertisement telecast by television channels or internet or any other electronic form or printed form, whether or not such programme or advertisement is intended for personal use or for distribution), for the purposes of sexual gratification.
<br><br>
Sexual harassment
<br>Section 11, POCSO Act, 2012: A person is said to commit sexual harassment to a child when such person with sexual intent.
<br>Section 12, POCSO Act, 2012: Whoever, commits sexual harassment upon a child shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable for fine.
<br>Section 354A, IPC, 1860: It provides for punishment of jail between one and three years for making a demand for sexual favors and making sexually colored remarks towards a woman
<br>Section 509, IPC, 1860: It deals with word, gesture or act which intends to insult the ‘modesty’ of a woman.
<br><br>
Hacking of account or creating a fake account in someone else’s name
<br>Section 66C, IT Act, 2000 which deals with identity theft, provides for jail for three years a fine of Rupees one lakh if it is shown that someone stole or dishonestly used another person’s password, digital signature, or any other unique identifying feature. Section 66D provides similar punishment for cheating by personation by using a computer source, i.e., if someone creates a fake social media account in someone else’s name and cheats anyone through it.
<br><br><hr>
<span style="color: navy;"><u>PROPERTY LAW</u></span><br><br>
(1) <span style="color: dodgerblue;">How can a person transfer property ownership to a family member as a gift?</span><br>
<br>The giving of property to a receiver by the willingness of transferor without any motive of wanting compensation in return is called “Gift”.
According to Section 122 of the Transfer of Property Act, 1882 , you can transfer immovable property through a gift deed . A gift deed contains the details of the property, the transferor, and the recipient
A gift deed is a legal document that describes the voluntary transfer of a gift from a donor to the donee (receiver). The donor should not be bankrupt and should not use this as a tool for dodging of tax and illegal gains.
Under the laws in India (Section 17 of the Registration Act, 1908 and Section 123 of the Transfer of Property Act.), registering a gift deed with the sub-registrar is mandatory . If not done, the transfer will be invalid.
For property to be a valid gift, the following should be kept in mind<br>
1. It should be movable or immovable property.<br>
2. It must be transferable.<br>
3. It should be an existing property and not a future property.<br>
4. It should be tangible or real.<br>
5. The transferor and the receiver should be alive at the time of the gift.<br>
A person who owns the property can make a gift to another person. An exception to this rule is the case in which either the benefactor or the donee is a minor. Minors are not eligible to transfer property as a gift.
<br><br><hr> (2) <span style="color: dodgerblue;">What are the legal implications of adverse possession in property law?</span><br>
<br>In India , the concept of Adverse Possession means that a trespasser or a stranger who comes into possession of the land must be in exclusive and continuous possession , without any interruption for a certain period of time (12 to 30 years) of the land.
The law of Adverse Possession is contained in the Article 65 Sch-I of the Limitation Act, 1963 which prescribes a limitation of 12 years for a suit for possession of an immovable property or any interest therein based on title.
The Limitation Act 1963 is a key piece of legislation elaborating on adverse possession. Under Section 3 of the Limitation Act, 1963 no cognizance can be taken by the Court if the suit is barred by limitation whether the defense is taken by the defendant or not. However an exception prevails regarding extinguishment of right under the Limitation Act, 1963 as provided under Section 27 which provides that in case the person has not taken any action for recovery of possession during the period of limitation then his rights get extinguished.
But the law of adverse possession is based upon the principle that a land cannot be left in suspension for a long time as already stated above.
<br><br><hr>
(3) <span style="color: dodgerblue;">What are the legal requirements for drafting and executing a valid property deed?</span><br>
<br>In case of property transactions, various types of deeds need to be pulled up. These may relate to agreement to sell, sale agreement, power of attorney etc. The basic points that need to be taken into account while drawing out these legal documents include:
<br>1. The names of the parties such as buyer and seller, lessor and lessee etc<br>
2. Terms and conditions related to the sale or transfer of property.<br>
3. Details of the parties<br>
4. Details of property in question<br>
5. Sale consideration agreed on <br>
The deeds should be prepared on non-judicial stamp paper of requisite value as prescribed by the Stamp Act of the State concerned. The purchaser is liable to pay the stamp duty in accordance with the applicable stamp rules.
All pages of the deed must be signed. The deed should be witnessed by at least two spectators giving their full names, signatures, essentials and addresses. Most deeds related to immobile property need obligatory registration at the jurisdictional sub-registrar's office. All the parties concerned need to be present at the time of registration. All documents should be presented in original.
<br><br><hr> (4) <span style="color: dodgerblue;">Explain the process of property title search and it’s important?</span><br>
<br>The term title search refers to the inspection of public records to determine and confirm a property's legal ownership. Title searches are conducted through many foundations, including deeds, tax liens, land records, court judgments, among others.
A clean title is required for any real estate transaction to be completed. Transactions cannot be completed if a title search determines there is a spleen on the property.
<br>The Process for a Title Deed is
Title searches are normally conducted using a title company. This company is responsible for searching through public records to see if there are any liens against a property.
The usual title search can take anywhere between 10 and 14 days to complete. But it may take longer for title searches to be executed on older properties.
<br><br><hr>
<span style="color: navy;"><u>CIVIL LAW</u></span><br><br>
(1) <span style="color: dodgerblue;">What is the procedure for filing a civil lawsuit in India?</span><br>
<br>A civil suit begins when a legal person files a "plaint" or a grievance with the court, claiming that he has been harmed or injured as a result of the activities of another person or entity. A civil case must be filed according to a certain process outlined in the Code of Civil Procedure, 1908. However, the "registry" can terminate the suit if the procedure is not followed.
The various steps included for filling of a civil lawsuit are<br><br>
Drafting Of a Plaint<br>
The filing of a plaint is the primary step in commencing a civil suit. A plaint is, to put it simply, a formal allegation made by one party against another. The party who files such a plaint is referred to as the Plaintiff and the party it is filed counter to is referred to as the Defendant. According to the time frame ,established by Limitation Act , a plaint must be filed.
The following pointers should be included in a plaint:
<br>i. Name of the Court
<br>ii. Name, address, and description of the plaintiff and the defendant
<br>iii. Whether the accuser or perpetrator is not an adult i.e., he is a minor or is of unsound mind, a statement to such effect
<br>iv. The proofs describing the cause of action and when it arose
<br>v. A succinct report of the provisions or orders that invoke the Court's jurisdiction (subject)
<br>v. Plaintiff's Opinions
<br>vi. The relief claimed by the plaintiff
<br>vii. Confirmation from the plaintiff that the information in the plaint is accurate and true.
Additionally, in their case, a plaintiff may also act as their advocate.
<br><br>Drafting A Vakalatnama<br>
After drafting the plaint, the plaintiff must give his advocate authorization to take on the opposing party in court via a written document known as the Vakalatnama.
A Vakalatnama may contain the following (not an exhaustive list):
<br>i. The client will not hold the advocate responsible for any decision
<br>ii. The client will bear all the costs and/or any expenses incurred during the proceedings
<br><br>Filing Of Plaint <br>
The next step is to submit or file the plaint before the Chief Ministerial Officer (Sheristadar), and to do so, you must pay the necessary court fees and processing fees.
<br><br><hr>
(2) <span style="color: dodgerblue;">How can a person sue for damages in a personal injury case?</span>
<br><br>Personal injury cases are fetched about by physical injury or mental agony caused by activities or negligence of another party. Personal Injury cases can include Auto Accidents, Defamation of Character etc.
<br>If a person suffers accidental personal injury or damages through the fault of another, that person or business is legally responsible and can be required to pay compensation. Compensation is generally awarded based on the strength of your documentation and degree of injury.
<br>Few things to consider when making your selection for a lawyer regarding personal injury case-
One must choose an attorney who specializes in personal . The personal injury lawyer should be able to accurately assess the virtues of a personal injury case, approximate its monetary worth, and determine the best strategy for pursuing it.
<br>Choose a personal injury lawyer experienced in dealing with insurance companies. Insurance company lawyers represent most personal injury case defendants.
<br>Although most personal injury claims are settled out of court, particular injury lawyers sometimes obtain favourable settlements by threatening to take cases to trial.
<br><br><hr> (3) <span style="color: dodgerblue;">What is the statute of limitations for civil cases in India?</span>
<br><br>A limitation period is a part of legislation that controls the time period in which civil or criminal action can be carried against a defendant. Such statutes occur to shield defendants against biased legal proceedings.
<br>The Limitation Act, 1859, and thereafter, the Limitation Act, 1963, were approved on October 5th, 1963, and went into effect on January 1st, 1964. The Limitation Act, 1963 articulates the laws pertaining to the law of restriction in India. These laws were created to consolidate and cure the legal customs relating to the restraint of lawsuit and other legal proceedings.
<br>The Limitation Act is divided into 32 sections and 137 articles. The Articles have been divided into ten parts. The first segment deals with accounts; the second with gains; the third with statements; the fourth with notifications and instruments; the fifth with sustaining property etc. There is no universal restraint on the suits under which organisations have attempted to operate.
<br><br><hr> (4) <span style="color: dodgerblue;">How are civil disputes typically resolved through alternative dispute resolution methods?</span>
<br>
<br>The Malimath committee along with the 29th report of the Law Commission proposed the idea of Conciliation as a technique of ADR. The primary purpose behind such an offer was to make the public aware of the options available to them for resolving their quarrels by operating the modes of Alternate Dispute Resolution. Consequently, it led to the enactment of Section 89 of the Code of Civil Procedure. Section 89 of the Code of Civil Procedure was endorsed through the Code of Civil Procedure (Amendment) Act 1999 and became effective from 01-07-2002. Thus, with the motive of bringing a significant reduction in the number of pending cases and its early disposition, Section 89 of the Code of Civil Procedure was amended. It provides the apparatus and procedure for settling the disputes of Civil Litigation through different mechanisms of ADR. The Section 89 of the Code of Civil Procedure states that:
<br> 1. If the Court feels that there exist elements of a settlement that may be acceptable to the parties, the Court shall frame the terms of the settlement and give them to the parties for their observations .
<br>2. If a dispute has been referred
<br>· for arbitration, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply as if the accounts for arbitration or conciliation were referred for settlement under the provisions of that Act;
<br>· to Lok Adalat, the Court shall mention the same to the Lok Adalat in accordance with the provisions of sub-section (1) of section 20 of the Legal Services Authority Act, 1987 (39 of 1987) ;
for mediation, the Court shall initiate a negotiation between the parties and shall follow such process as prescribed.
<br><br><hr>
(5) <span style="color: dodgerblue;">What legal remedies are available for breach of contract in civil law?</span>
<br><br>A contract can be said to be breached when one of the parties fails or refuses to achieve his obligations, or his ability under the contract.
Parties to a contract are legally expected to perform their respective obligations, so naturally, the law frowns upon a breach by either party. Therefore, as soon as one party commits a breach of the contract, the law grants three legal remedies:
<br>1. Damages for the loss sustained, or
<br>2. A decree for specific performance, or
<br>3. An injunction.
<br>The laws linking to damages are governed by the Contract Act, whereas the laws relating to injunctions and specific performance are governed by the Specific Relief Act, 1963.
<br><br>
<hr>
<span style="color: navy;"><u>LABOUR LAW</u></span><br><br>
(1) <span style="color: dodgerblue;">What rights do employees have regarding minimum wage and overtime pay?</span>
<br><br>According to the Factories Act 1948, every adult cannot work for more than 48 hours in a week and not more than 9 hours in a day. According to Section 51 of the Act, the work should not exceed 10-1/2 hours.
<br>The Minimum Wages Act, 1948 also postulates about the working hours under the rules 20 to 25 that is, the number of work hours in a day should not exceed 9 hours for an adult.
<br>For women and their working hours: Section 66 of the Factories Act, 1948 imposes restriction on employment of women to stop work between 7.00 pm to 6.00 am. However, the Chief Inspector is empowered to grant relaxation, but in that case women are not allowed to work between 10.00 pm to 5.00 am.
<br>The Mines Act, 1952 under Sec. 28 to 30 of the Act states that no person employed in a mine shall be allowed to work in a mine for more than 10 hours in a day .
<br><br><hr>(2) <span style="color: dodgerblue;"></span>How can I report workplace discrimination or harassment to the labour authorities?
<br><br>The Ministry of Labour & Employment (MOLE) is among the top 20 Ministries receiving highest number of grievances.The Nodal Public Grievance Cell in the Ministry receives, forwards and does management work on public grievances at the level of the Ministry. The Public Grievances are received in the Ministry mainly in two modes viz. online through the CPGRAMS Portal (http://pgportal.gov.in) and also in offline or physical mode from various different sources.
<br>The grievances are reviewed in the Ministry at on regular basis. Any person or party having any objection on any matter related to the Ministry or to any organisation of this Ministry can file his/her grievance either online through the CPGRAMS Portal with relevant details.
<br>The Public Grievance Redressal Mechanism in the Ministry functions on a decentralized basis. The committed and subordinate offices and the independent bodies dealing with substantive functions have their respective grievance redressal machinery. The PG Cell of the Ministry in order to ensure that grievances are handled in a fair, objective and just manner.
<br><br><hr>
(3) <span style="color: dodgerblue;">What are the legal requirements for terminating an employee's contract?</span>
<br><br>The main federal statutes that legalize the termination of employment include:
<br>The Industrial Employment (Standing Orders) Act (IESA), 1946 and
The Industrial Disputes Act (IDA), 1947, as amended.
<br>Additionally, the Indian labor is regulated by the Shops and Establishments Act, which is enacted in most states with minor differences in rules of implementation.
<br>There is no standard process to terminate an employee in India. However, the following pointers are there-
<br>An employee may be terminated according to terms laid out in the distinct labor contract signed between the employee and the employer;
<br>Equally, the terms may be subject to the country’s labor laws. Here, employers should note that India’s labor laws supersede the provisions of labor bonds—any termination policy or clause outlined within a contract should be checked against the law by a professional; and
<br>In cases where there is no labor contract, or the labor contract does not define a method of termination, the matter comes under the jurisdiction of the detailed state’s labor legislation. This is because Indian federal law does not openly require that employment contracts be in written form.
<br><br><hr>(4) Explain the regulations regarding employee benefits and paid leave?
<br>The several sorts of leaves that the employers must provide their employees include bereavement leave, sick time or sick leave, fatherhood or maternity leave etc. in addition to the earned leaves permitted by Indian labour law leave policy.
<br>The Factories Act of 1948 instructs that each worker or employee who has worked at least 240 days in a calendar year is entitled to 12 working days of paid leave or annual leave. For adult and juvenile employees(under age of 15 years), paid or earned leave time durations vary .
<br>A juvenile employee is eligible for a compensated leave of one day following the completion of 15 working days. An adult employee, however, is eligible for such a leave after 20 days of employment. For an adult worker and a child worker, the leave period lasts for 20 and 15 working days.
<br>The regular daily pay is given to employee during the term of earned leave. As a result, the employee is entitled to receive daily pay throughout the yearly leave period. Employees’ full-time daily compensation, excluding incentives and overtime, is their daily pay.
<br>Also the private school staff are eligible for paid annual leaves in October (up until Diwali) and Summer (starting in May). The employee will be entitled to pay for working days before the vacation as well as vacation money if the education officer is convinced that the person was fired to dodge paying vacation salary.
<br><br><hr>
(5) <span style="color: dodgerblue;">How can a person file unfair labour practices against an employer?</span>
<br><br>The Indian Parliament and other state legislatures have each established a number of labor laws. Constituton comprises a collection of laws, ordinances, and standards, which carry serious legal implications if ignored or broken.
<br>A person must visit the Apex Labor Court to approach the Labor Commissioner in situations of unpaid wages. The labor commissioner will solve the problem. In case conciliation is not probable, the matter may be submitted to the apt court.
<br>An employee can file a suit under Section 33(c) of the Industrial Disputes Act, 1947 to recover payments from his employer. The recovery[AS1] of money on behalf of an employee can be claimed by the employee, any person authorized by him, or his legal heirs. In case of a low salary or unsatisfactory salary, you can file a complaint with the concerned authority under the Payment of Wages Act.
<br>If The Complaint Is still Pending, the employee must approach The Labor Commissioner Of their Area.
<br><br><hr>
<span style="color: navy;"><u>FAMILY LAW</u></span><br><br>
(1) <span style="color: dodgerblue;">What factors do courts consider when determining child custody arrangements?</span><br>
<br>There are some primary factors which are determined in a custody case:<br>
Young children’s age which is usually, 18 age to 21 age is a limitation. The court will consider any substitute arrangement as the children grow older day by day while the custody case.
<br>• In the case time, the court wants to keep knowledge of both parents’ financial condition and also with their interest that if they're going to keep their children with them or not
<br>• The court also notices the relationship between the young children and each parent.
<br>• The mental and physical health condition of the parents will be considered subsequently.
<br>• The court will need to know that if each parent supports or facilitates the relationship of child with the other parent.
<br>• If there are any past incidents of neglect, abuse from both parents.
<br><br><hr>
(2) <span style="color: dodgerblue;">How can someone initiate the process of legally adopting a child in India?</span><br>
<br>There are laws whose compliance has to be tested in order to uphold the rights of everybody involved during the course to adopt a child in India. The various aspects related to laws for child adoption in India.
<br>• The child must be orphaned/ abandoned or surrendered and must be legally free for adoption.
<br>• The potential adoptive parents must complete an online registration for child adoption in India Child Adoption Resource Information and Guidance System (CARINGS) and submit the mandatory documents.
<br>• As per the preference, children's profiles are shared with prospective parents that has to be reserved within 48 hours.
<br>• Adoptive parents in India have to approach the Specialised Adoption Agency (SAA) who files an application before the court of jurisdiction.
<br>• The court verifies that the adoption is in accordance with the Section 60 of JJ Act.
<br>• Since the case of adoption in India is not adversarial, there is no opposite party to challenge during arguments of SAA in the court of law.
<br>• A certified copy of the adoption command is received by SAA from the court and furthered to the adoptive parents.
<br>• SAA then applies to the authorities for issuing birth certificates comprising names of the adoptive parents and date of birth as per adoption records.
<br>• The child is finally adopted by the prospective parents. The authorities shall prepare follow up reports on six monthly basis for consecutive two years.
<br><br><hr>
(3) <span style="color: dodgerblue;">What are the rights of grandparents in terms of visitation with their grandchildren?</span><br>
<br>Grandparents’ rights refer to the legal rights of grandparents to have a relationship with their grandchildren, which include the right to visit or spend time with them.
The same laws surrounding grandparents’ rights vary by jurisdiction, but generally, grandparents can seek court-ordered visitation or custody if they have an important relationship with their grandchildren and if it is in the best benefits of the children.
It’s important to note that grandparents’ rights are not absolute and are subject to the court’s determination of what is in the children’s best interests.
<br><br><hr>
<span style="color: navy;"><u>CONTRACT LAW</u></span><br><br>
(1) <span style="color: dodgerblue;">What are the essential elements of a valid contract, and why are they important?</span><br>
<br>Contracts are agreements between parties in which one party gets a benefit and the other party receives consideration for it. They can be oral, written or implied. Parties entering into a contract may include common people, companies, nonprofit or government agencies.
<br><br>Offer<br>
The first step towards creation of a contract is an offer - it is when someone proposes to do or not to do something.<br>
An offer must be definite, clear and non ambiguous. It should be communicated accordingly to the other party. It should be lawful. <br><br>
Acceptance<br>
The second step is acceptance of that proposal, defined in section 2 (b) of the Act. <br>
Section 2 (b), Indian Contract Act states that when that person to whom the proposal was communicated to, gives assent for it , then he is said to have accepted the proposal.
Just like an offer, an acceptance of an offer should also be certain and clear.
<br><br><hr>
(2) <span style="color: dodgerblue;">How can someone draft a strong and legally binding contract for their business transactions?</span><br>
<br>Contracts are executed in forms such as oral or written.
The primary law in India which governs the contracts, their creation, interpretation, and enforcement is the Indian Contract Act, 1872. This law expresses the provision requirement of a contract to make itself enforceable under the provisions of law. Some of the major prerequisite conditions, required to be fulfilled under the Indian Contract Act, 1872 for a contract to become a valid are:
<br>1. An offer by one party;
<br>2. An acceptance of the proposal by the other parties;
<br>3. The capacity of all the parties to contract;
<br>4. A lawful deliberation;
<br>5. A legalized object; and
<br>6. The contract not being expressly acknowledged void by law or be opposed to public policy.<br>
Once the requirements for the existence of a valid contract as mentioned under the Indian Contract Act, 1872 have been satisfied, the parties are said to have concluded a valid contract and are capable of legal enforcement.
<br><br><hr>
(3) <span style="color: dodgerblue;">How can someone legally terminate a contract without facing penalties?</span><br>
<br>The Section 2(h) of the Indian Contract, 1872 defines contract as “an agreement enforceable by law” and Section 2(e) states that, “every promise and every set of promises, forming the consideration for each other, is an agreement”. This implies that all agreements are contracts.
The contract comes to an end when the parties have fulfilled their portion of promises and carried out their commitments. Section 37 of the Act mentions that, “the parties to a contract must either perform or offer to perform, their respective promises, unless such performance is dispensed with or excused under the provisions of this Act, or any other law”. When the parties to a agreement perform their set of duties then the contract stands terminated.
If it becomes impossible to perform a contract then it leads to termination of the contract. The Section 56 makes provisions regarding the impossibility of contract. The contract could be impossible from the very commencement or it could become impossible subsequently upon some change in the following circumstances.
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