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India’s arguably generous maternity law benefits m...

In India, working mothers-to-be are far better-of than most of their peers in the developed world, however, the country’s maternity laws are archaic. A year or two ago, the country passed the Maternity (Amendment) Bill aimed at working women and their right to paid maternity leave from 12 weeks to 26 weeks which is the world’s third-highest. There is a no-win situation nonetheless — the law is meant for companies with a headcount of at least ten employees which is just a minuscule proportion of the working women of India.This limitation in maternity benefits is an upshot of the desire of the elite of India to merely mimic policies that are both purposed and executed in the West, without any sort of fine-tuning suiting Indian conditions. The maternity bill is an exemplary bill – phantom legislation that passes laws that don't have and in all probability will not be as effective as required. Progress or that one is doing something is an illusion, and is given, but the reality is something else. There is an ideological dimension to the law which is a part and parcel of what the Indian elite believes is good, just, and prestigious in communities transcending boundaries.Symbol of progressCanada and Norway are the only two countries, with GDPs per capita of 27 and 47 times higher than India’s, respectively, provide protracted maternity leaves in comparison with India. The moot point, however, isn’t the perception of generosity, but how the law is applied.It was estimated that the vast majority of Indian women shun work. While on the one hand the unorganized sector is comprised of over 80% of women working for companies with an employee headcount of less than ten. On the other hand, the organized sector comprises of 16% women workers, who do informal work, where the maternity law is not applicable.A more realistic assumption would be that a meagre 20% of the females work in the organized sector, then the law is potentially applicable to simply 1.3% of the workforce, or not even 1% of all females.Considering these off-the-cuff calculations, the unanswered question is why would India deplete its invaluable resources on ratifying a law that is applicable to a minuscule section of its growing population.Call 7604047601 for consultation with a registered expert maternity lawyer on Vidhikarya.

Posted By

Avik Chakravorty

2 days ago

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Mentally tortured husbands can appeal for granting...

In one particular case, the division bench permitted an appeal for granting a divorce decree in favor of the appealing husband for being tortured by the wife. The appellate judge may question the legality, validity and the propriety of the trial court’s judgment in which it had canceled the suit of the appellant or plaintiff for granting divorce decree of behavior torture and abandonment.Submissions by the AppellantThe appellant-husband may submit that the wife who is the respondent was disrespectful towards his parents and told his mother that meals were to be prepared according to what's on her menu. Another declaration of the appellant could be that the wife of the Respondent had reverted to her parental home within days of marriage and upon repeated requests of her in-laws reverted to her in-laws and that’s when she began cajoling the appellant to live apart.The appellant may state that even after having accepted all her demands, both her attitude and behavior remained unchanged. Matters worsen if the complaint filed by her turns out to be fake; a case in point would be a demand of dowry which, if not met would be the cause of her reverting to her parental home for good never to return to her appellant husband’s house ever again. Hence, in view of the prevailing circumstances, the plaintiff/appellant is likely to seek an of divorce decree on the plea of mental torture and abandonment. The wife of the respondent may deny all allegations and as a matter of fact, plead that she was tortured, the streedhan properties were retained by her in-laws and that the appellant accosted her with threats of divorcing her and remarrying. Besides, she may unequivocally mention her willingness to joining the appellant’s company.ObservationBy perusing the pleadings and depositions, it may turn out that the appellant’s allegations were according to what the depositions of the respondent, his parents, and other relatives were in a fake criminal case for an offense under Sections 498-A and 323 of Penal Code, 1860.An acquittal under Sections 498-A/34 and 323 IPC of the indicted person by the trial judge in regards to the levied charges. Furthermore, it was later noted that the respondent-wife did mention that she was a victim of crass and obscene behavior by both the appellant and the members of his family As and when the respondent-wife is examined, one question, in particular, is asked to the respondent and that is whether the respondent is eager and willing to live together with the appellant. If the answer is a resounding No then clearly the respondent’s allegations were falseand besides, if she was unwilling to live together with the appellant then her very own pleadings are suspect. UpheldIt was upheld that if the wife made any scandalous, vulgar and defamatory statements implicating the appellant’s family members it may cause mental torture to the husband. Besides, it was stated that if the wife fails to provide evidence supporting her unfounded, indecent and defamatory allegations then it would all be the causes of mental torture to the husband.Therefore, if the respondent-wife is unable to prove her scandalous and indecent allegations against the husband’s family and in addition if there is any demand for dowry then it would be a false claim causing mental agony to the husband. Therefore, the appeal for granting the divorce decree favoring the appellant for the dissolution of the marriage among the parties would be permitted.Call 7604047601 for consultation with registered expert divorce lawyers on Vidhikarya.

Posted By

Avik Chakravorty

3 days ago

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Shailesh  Kumar

Shailesh Kumar

Advocate
Exp
Ranchi , Jharkhand

Specialization

  • Debt and Lending Agreement
  • Civil
  • Advertising
  • Animal Laws
  • Aviation
I am a highly educated in different fields and experienced advocate providing online and offline Legal Consultancy/Support/Services to my national and international client on almost all aspects of law. View Full Profile
Total Answers Given : 21
Prithvi Raj sikka

Prithvi Raj sikka

Managing Partner
Exp
South Delhi , Delhi

Specialization

  • Debt and Lending Agreement
  • Commercial
  • International Laws
  • Landlord And Tenant
  • Mergers And Acquisition
Litigation civil, IPR, Employment Laws, Company & Consumer. View Full Profile
Total Answers Given : 18
N  Shekhar

N Shekhar

Advocate
Exp
Patna , Bihar

Specialization

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  • Criminal
  • Advertising
  • Animal Laws
  • Aviation
Best Lawyer View Full Profile
Total Answers Given : 16
Kumar Karan Agrawal

Kumar Karan Agrawal

Advocate
Exp
Mumbai , Maharashtra

Specialization

  • Debt and Lending Agreement
  • Criminal
  • Consumer Protection
  • Divorce
  • Civil
Total Answers Given : 16
 Manoj  Kumar Singh

Manoj Kumar Singh

Lawyer
Exp
New Delhi , Delhi

Specialization

  • Debt and Lending Agreement
  • Criminal
  • Civil
  • Administrative Law
  • Commercial
we are located in Delhi, we provide services all over Delhi , NCR in all Delhi courts Like High court of Delhi, Tis Hazari court Delhi, Karkardooma Court Delhi , Saket Court Delhi , Dwarka Court Delhi, you can contact us for all kinds of matters we have a team of associates lawyers and experts who. View Full Profile
Total Answers Given : 15
Biswajit  Das

Biswajit Das

Advocate
Exp
Nalbari , Assam

Specialization

  • Debt and Lending Agreement
  • Criminal
  • Bankruptcy And Debt
  • Landlord And Tenant
  • Contracts And Agreements
With warm Regards, I am Biswajit Das, my principal place of practice is Gauhati High Court. Practicing in the field of Criminal and Civil Law, writs, constitutional Law, service matters, company matters, Cheque bounce cases, Domestic violence matters, Bank Debts matters,MACT matters. View Full Profile
Total Answers Given : 15
 Shuchei  Agarwal

Shuchei Agarwal

Advocate
Exp
Gautam Buddha Nagar , Uttar Pradesh

Specialization

  • Debt and Lending Agreement
  • Family
  • Domestic Violence
  • Advertising
  • Animal Laws
Total Answers Given : 11
Sourav  Das

Sourav Das

advocate, supreme ccourt
Exp
New Delhi , Delhi

Specialization

  • Debt and Lending Agreement
  • Criminal
  • Aviation
  • Advertising
  • Administrative Law
Total Answers Given : 8
YAKUB ALI  MOHAMMED

YAKUB ALI MOHAMMED

ADVOCATE
Exp
Hyderabad , Telangana

Specialization

  • Debt and Lending Agreement
  • Criminal
  • Civil
  • Divorce
  • Juvenile
Myself Yakub ali done B.com, LLB, LLM Student at ICSI practicing Advocate in Telangana major cities and almost all Courts. My Passion is to To Advice, To Solve, To Encourage, To Motivate, To Inspire Young Minds, And To Create Stress Less Life By Serving The People Globally. View Full Profile
Total Answers Given : 8
KUNAL  SHARMA

KUNAL SHARMA

advocate
Exp
Jaipur , Rajasthan

Specialization

  • Debt and Lending Agreement
  • Cheque Bounce
  • Election Campaign And Political Laws
  • Equipment Finance And Leasing
My Work Experience is 3 Years. I am teacher in a Law faculty, have taught ADG & Judiciary Student. View Full Profile
Total Answers Given : 7
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  • What is debt and lending agreement law?
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As per Black’s Law Dictionary, Loan refers to a bailment without reward; consisting of the delivery of an article by the owner to another person, to be used by the latter gratuitously, and returned either in specie or in kind. A sum of money confided to another. A loan of money is a contract by which one delivers a sum of money to another, and the latter agrees to return at a future time a sum equivalent to that which he borrowed.

The Banking Regulation Act is the law that governs the sector of banking in India. It consolidates and reasonable amends the laws related to banking. A Banking firm is a firm which transacts the business of banking in India. As per Section 5(b) of the Banking Regulation Act, banking refers to accepting, for the purpose of lending or investment, of deposits of money from the public, repayable on demand or otherwise, and withdrawable, by cheque, draft, order or otherwise.

Every bank is required to keep cash reserve with itself or by way of balance in the current account with RBI or Central/District Co-operative Bank or net balance in all such way, of minimum prescribed % amount of its DTL as of last Friday of fortnight. Bank shall maintain unencumbered approved securities, valued not exceeding the current market price, or an amount which shall not be less than 24% of the total of its demand and time liabilities.

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