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Showing posts from April, 2018

An ex-director of a Private Limited Company with an active DIN can join government job

You can join a government job but reveal your active DIN status as mentioned in the second last para graph because of the following reasons:- DIN is a unique id like PAN and Aadhar. If you have served as a Director in a Company, coming under Companies Act, then you cannot cancel or surrender your DIN. It will continue to remain in force. Only if you haven't served as Director of any company, coming under Companies Act, can you surrender your DIN. Check the link Cancellation or surrender or Deactivation of DIN  So even after you resign from your post as Director your DIN will remain in force and from my understanding of the law you cannot surrender nor you can cancel it. This number is issued by the Ministry of Corporate Affairs (M CA). It is for lifetime. In the following conditions only, it can be surrendered and cancelled: -  Rule 11 of the Companies (Allotment and Qualification of Directors) Rules 2014 talk about cancellation or surrender or deactivation of Director Identificati

TIPS TO INCREASE CLIENT BASE IN LEGAL PRACTICE

There is no fixed approach to increase client base. A lawyer should give maximum remedy to his client in a minimum period. Lawyers, who focus on quality of service are able to have more client base as word of mouth of satisfied clients fetch more clients in future. Successful lawyer will never share there past good results which they have given to the clients rather they will tell you name gets built up due to thorough knowledge but the fact is thorough knowledge + effective pricing+ expedite remedy= increases the client base. Also, extracting money should never be an intention rather stick to the need of client and accordingly provide him with speedy remedy. Lingering a client unnecessarily leads to poor mouth publicity and a lawyer loses the current as well as potential clients.

Legal remedies for an employee in case the company removes him without notice, genuine reason and without paying his salary

First we have to understand some important aspects related to employment and labour provisions. The major legislations regarding the labour and employment laws in India are mentioned below  1. Industries Development Act, 1947  2. Law of Contract  3. Labour (Regulation and Abolition) Act 1970  4. Employees’ Compensation Act, 1923.  5. Factories Act, 1948.  6. Shops and Establishments Act  Important Definition  A. Employer – One who works or engages the services of others.  B. Employee – One who works for the others after getting hired.  C. Contract of Employment – The contract of service between employer and employee where the employee agrees to serve the employer subject to his control and supervision.  There are three main categories of employees according to the Indian Labour Law :-  1. Government Employees.  2. Employees in Government controlled  Corporate Bodies known as Public Sector  Units.  3. Private Sector Employees.  Rights of an Employee Many laws in India are made which has

Legal actions that can be taken if an Indian company terminates a Pregnant Woman

In any case a company cannot terminate a women if she is pregnant. Pregnancy is a natural process and no one has been a right to terminate a lady if she has only asked advice on the maternity benefit policies in a company. As per Article 14, Right to equality and Article 21 - Right to Life , every female has a right to continue with her services along with paid maternity leaves. But in case of contractual based service, some companies are taking undue advantage of exploiting the condition of a pregnant lady. The act done by the company has not only violated the fundamental rights but as violated many rights as mentioned below: 1. Human rights - Human rights means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India as stated in section 2(d) of human rights act 1993. 2. Violation of right guaranteed under Maternity benefit act 3. Violation of right guarant

The Legal actions against employee who abscond in notice period

In India, as far as the notice period is concerned as per the Industrial Act an employee has a right to resign from the job at any time. A legal action a company can take only in case that due to employee’s resignation and the employee is absconding has led to an extra ordinary loss to the company. If such loss is caused then the company will approach the civil court. As absconding means breach of contract. It will be better to go through the terms and conditions mentioned in the employment agreement. As you may have a clause to buy back your notice period. If you are in such need to leave the job then buy back your notice period. If an employee has taken away valuable belongings of a company then a company can file a criminal case as well as per S.379, S.419, S.420 of IPC. If it is an IT company then they are very strict with the background check of an employee. So if you will join a new company then they will definitely outsource the background check to their appointed company . Duri

Laws which a MBA HR graduate should be aware of

An HR should be well versed with Labour Law, if working in manufacturing company also a HR should know Industrial Relationship Law. If you are an HR in IT company or service based company then you should know the IT Act 2000. ILO provisions are also very important. If you are dealing with blue collar labours then you should know Indian Penal Code provisions related to crime like Theft, cheating, grievous hurt, simple hurt, etc. You should be well versed with company rules related to employee and employee benefits. During induction the kits which you distribute, should be mugged by you as you are the point of contact as far as employee’s grievance. In case of HRIS and payroll outsource the HR should be aware of all the legal procedure. Do not pass the buck by giving an IVR contact number. EMPLOYEE BENEFITS WILL LEAD TO EMPLOYEE AS WELL AS EMPLOYER BRANDING. In dealing with all factors of production. Out of labour(human), machine, capital, land and technology. Basically it is human which

Advantages of studying law from a Government College

The advantages of studying law from a government colleges rather than private is numerous. The private colleges will charge too high fees. Which a poor student cannot afford. The faculties in Government colleges are all NET qualified as per UGC norms. However they may not conduct lecture due to their government employee attitude. But library will be equipped with numerous books. The scarcity teaches a student to struggle in his/her life, whether it is of academic facilities or other things. The private colleges conduct too many extra curricular activities like Moot Court, Inter college competitions, Visiting faculties guest lecture. Too much leads to too little absorption. As the students are not able to focus on academic activities. It is just like a human body is being treated with creams, lotions for acne or pimples rather than purification of the body by consumption of nutritious and less oily food. The student of government college remains focused as the faculties are least bother

Fundamental of Administrative Law

The Administrative Law is based on administration, judicial, constitution and statutory norms. With the need to control the exercise of power in order to protect the individual right and fairness in the administration, the Administrative Law came into existence. However their is no uniformity in Administrative Law in different countries. As it is based on the political, economic, legal system prevailing in a country. It is highly influenced by the constitution, the type of government and policies as well as principles of public administration implemented in a country. The expansion of the Administrative Law is not only based on statutory norms and provisions governing the administrative process. It is also depends on courts , which has played a pivotal role in shaping the procedure, affluence and objectives of the administrative law. It contains key principles of government administration for example transparency, accountability and participation of the public. It also envisions the es

IPC sections for a criminal trespass

Section 441 of Indian Penal Code defines Criminal tresspass, it is a cognizable offence hence  Step 1 - you should lodge an FIR at police station as per the jurisdiction. If the Police inspector refuses to lodge an FIR then same day write an application to your city’s Police Commissioner and if you are in rural area then write an application complaining against the PI stating that he has refused to lodge an FIR in spite the criminal tresspass is a cognizable offence. Step 2- For quick remedy , you can go ahead with the private complaint by filing a court case under Section. 441, Section. 447 r/w of Indian Penal Code and Section.156 (3) of Criminal Procedure Code. So that Judicial Magistrate First Class will instruct the police station to do further investigation and if you have proper evidences against the accused then you will get the remedy. But do not forget to go ahead with proper steps. Submit all the proofs to court of law related to FIR lodging steps.

Subject to be chosen for practicing law

No one can guide us what we should do. As a successful individual goes with his/her intuition. 1. Criminal Law- Means defending person who has committed a crime, may be a criminal or an innocent person. Generally it sounds very attractive but it is challenging as a guilty person’s bail then getting him/ her acquitted is a painstaking task but if you are a mariner of an ocean then you can manage this ride. 2. Civil Law- Means turtle ride with all sorts of mutation entry, 7/12 extract, demarcation, encumbrance free property etc. A person with a lot of passion related to property related matter and immense patience should take it up. 3. Corporate Law- A person who has passion related to company and company matter should choose this field. Money is immense in every part and parcel of all sorts of area but a person who is driven internally can only mint it.