Posts

The reason behind a person who is a murder accused but still gets bail

A murder accused gets bail due to following reasons; S.437. Cr.P.C. When bail may be taken in case of non- bailable offence.- (1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but (i) such person shall not be so released if there appear reasonable grounds for believing that he hasbeen guilty of an offence punishable with death or imprisonment for life; (ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but not less than seven years: Provided that th

A criminal case cannot be filed from anywhere

No, any case cannot be filed anywhere. You can file a private complaint before the court having jurisdiction. Means where the crime has been committed, that area will be coming under a Police station and that police station comes under a JMFC i.e. a court. That particular court will hold the jurisdiction to try that criminal matter. There is no time limit fixed for filing criminal complaint. However, one shall have to explain the reason for the delay if there is extra ordinary/un-reasonable delay in filing the criminal complaint. PROCEDURE TO FILE A CRIMINAL COMPLAINT A detailed procedure for filing criminal complaints has been laid down in India, as per the Criminal Procedure Code. The following steps will clear any doubts you may have over filing a criminal complaint in India: Filing an FIR In case you are the victim of a cognizable offence, the first step you would take is to approach the police. The police, on receiving information, prepares a written document, known as a First Inf

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