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Women: Victims of Domestic violence

Avik Chakravorty

Domestic violence essentially is violent acts that a family or household is guilty of committing or it could be a solo act by a family member or a household against each other. In the ambit of domestic violence, the perpetrators are a child abuser as well as a wife-beater.   Any sort of physical injury may be caused to a family member or to a member of a household owing to some form of domestic violence. Domestic violence by definition includes all intended acts of physical, sexual, psychological or economic abuse.   Anyone regardless of age, gender, the financial or economic background can be victims of domestic violence. The behavior pattern of domestic violence includes attempts of scaring, physically harming, or controlling a partner so on and so forth. Domestic violence isn’t limited to physical violence rather it extends to mental abuse as well.  Types of domestic violence   Physical Abuse: Physical hostilities are Read More

Rights of Employees according to the Indian Labour Laws

Avik Chakravorty

Employment Agreement  Employment agreement detailing the employment terms and conditions including compensation, place of work, designation, work hours, and so on is mandatory. The employer’s rights and obligations including non-disclosure of confidential information and trade secrets, timely payment, provident fund, and so on are clearly stated in an employment agreement. If a dispute arises, the agreement incorporates an effective mechanism for resolution of disputes.  Without a written employment agreement, the employee does not have recourses if a dispute arises.  Maternity Benefit  The Maternity Benefit Act, 1961, has provisions for prenatal and postnatal benefits for a female employee. Owing to Amendments after 2017, the timescale of paid leaves for an expecting female employee has risen to 26 weeks, inclusive of eight weeks of postnatal paid leaves. If the pregnancy leads to complications like caesarian, premature birth then in such Read More

An Era of Performance Ushered in Enforcement of Contract

Avik Chakravorty

World Bank’s The Ease of Doing Business rankings; an annual release ranks India at 163 at the moment in enforcing contracts. The current Indian administration has been focusing on the performance of enforceable contracts in view of the fact that India’s overall contract performance has been deplorable lately the government is compelled to undertake several initiatives in the area of contract enforcement in particular.   The Indian Contract Act, 1872 (Contract Act) and the Specific Relief Act, 1963 (Act) are legislative watchdogs overseeing the implementation of contracts amongst parties. Although the Contract Act mentions the overall principles of contract administration and damages levied for violations thereof, it provides for awarding specific relief through the specific performance of contracts. The common law position of the Act originally provided for specific performance as relief granted at the discretion of the Courts once the inadequacy test results Read More

Live-In Relationship and Indian Courts

Avik Chakravorty

Introduction  Indeed the only thing constant in this world is change. The lifestyle of Indian society at large has drastically changed in the past couple of years. People are slowly but surely accepting the notion of pre-marital conjugal and live-in relationships. Nonetheless, this altered mindset arguably lacks legal validation and the society does not readily accept it either. In other words, the subject matter is under criticism and a hot topic of discussion.  In live-in relationships unlike marriage, a man and a woman remain unmarried but live with each other under one roof that may appear to be a married relationship sans the vow of holy matrimony. In other words, the relationship is more like cohabitation. In the Indian context, however, with the exception of marriage occurring between a man and a woman, all other exotic relationships are deemed illegitimate.  People opting for live-in relationships do so to find out whether they are made for or how Read More

How to have a tenant vacate premises by sending a Legal Notice

Avik Chakravorty

If one were to own extra houses and earn rental income out of those houses then its regarded as a source of passive income. Nonetheless, if right steps aren’t taken, this passive income source may turn out to be nightmarish and more so if one had to deal with careless tenants.  Legal notice of vacating the premises from the landlord to the tenant is presumed as an opportunity of eviction of the tenant followed by the tenant looking for a new place to stay. Notice to the tenant for vacating is a circumstance where a tenant gets a reasonable time to vacate the place on rent and look for a new one.  Why send notice to vacate premises?  An eviction notice in India is a formal intimation to the tenant. For the tenant to vacate the rented property, a legal notice is essential. The situation gets worse for a landlord in any tenancy if the tenant deliberately or is intent on stubbornly holding on to his/her ground and staying put. Tenants of the type create Read More

A step-by-step guide for legal recourse when Cheque is Dishonored

Avik Chakravorty

|A Cheque is a mode of payment that is widely used for transactions including loan re-payment, payment of salary, bills, fees, and so on. Banks on a daily basis process and clear the vast majority of cheques. Issuing cheques are essentially proof of payment. However, cheques undeniably are a reliable mode of payment for most people. Conversely, issuing crossed “Account Payee Only” the cheque is advisable and indeed recommended so that the cheque is not misused in any way, shape or form.  A cheque basically is a negotiable instrument and they are of two types including Crossed and Account payee cheques which are non-negotiable by any person excepting the payee. The issued cheques have to be deposited into the bank account of the payee.    The legal definition of the author of the cheque is ‘drawer’ and the cheque is drawn in favor of the ‘drawee’ and the paying bank is typically known as the ‘payee’. Cheque bounce cases in recent times are quite Read More

E-signing is the tip of the iceberg: Smart E-Contracts wins over Regular Contracts

Avik Chakravorty

It’s a frustrating experience for anyone waiting for follow up after a proposal for a contract has been sent to a client and what may seem like an eternity is, in fact, a protracted timescale for the client to respond. Sending a contract to a client is a harrowing experience that entails following up with clients to ensure they receive, read, agree, sign and send the contract back signed and sealed. After the vendor gets the signed contract back from the client there are a few internal formalities including obtaining internal approvals that the vendor has to follow or comply with and then the signed and sealed contract can be filed away in a safe and secure place. The entire process may take several weeks to conclude.   The entire process is time-consuming and that time could be dedicated to pursuing and closing newer business deals. The control over the contract workflow beginning with drafting and finalizing the proposal to signing the contract can be done in no time at Read More

What is Administrative Law?

Avik Chakravorty

The body of law and legal work that deals with government agencies is in essence, Administrative Law. Government agencies are created by Lawmakers so that these agencies, in turn, can create and implement fair and just laws enforcing regulations on all aspects of government functions.   Administrative law is a diverse area of law  Broadly administrative law is a comprehensive term inclusive of varied law categories. A lawyer practicing administrative law may never be in a courtroom. Conversely, an administrative lawyer of another type might be filing legal documents and arguing with judges in a formal backdrop for the most part. There are administrative lawyers interacting with people a lot while drafting documents is what yet another type of administrative lawyers do for the most part. The only criterion is the administrative lawyer actually doing government work or working with the regulations of the government.  Who practices administrative Read More

Why Advertising their services is a no-no for Lawyers

Avik Chakravorty

In a public notice, the Bar Council of Delhi recently announced that recalcitrant lawyers violating the rules and regulations of the Bar Council would face prosecution under the Advocates Act, 1961. The Bar Council of Delhi publicly announced that notices of misconduct were issued to lawyers found to have published social media advertisements inclusive of Facebook and WhatsApp. The notice mentioned that lawyers violating or flouting Bar Council rules would face prosecution under the provisions of The Advocates Act, 1961.  What is the problem with lawyers advertising their services?  According to the rules and regulations in India, advocates are disallowed by publicizing their services. The Advocates Act, 1961’s subsection 1(c) of Section 49 of General power of the Bar Council of India authorized to make rules also empowers the Bar Council of India to create and implement Rules on the standard of professional conduct and etiquette that advocates ought to follow and Read More

How Tourist Visa Can Be Converted to X/Entry Visa

Avik Chakravorty

If a foreigner is married to someone whose domicile is in India one cannot apply for a spouse visa as there isn’t any scope to avail the visa. The question then arises as to how a foreigner spouse can enter India.   The visa category for Indian citizens with foreigner spouses is an X visa which is essentially entry visa exclusively for taking up residence in India. The X visa is not in lieu of a work permit and one is barred from working with an X Visa and if one does work then one would be violating the law and working illegally.  Those visiting India along with their spouse on a tourist visa, it is convertible into X visa or Entry visa so as to remain in the country for longer timescale. The X-visa is for individuals accompanied by their spouse visiting India on the student, employment or any other type of visa for the long term. If one is in India already and intends on transforming one’s visa from tourist to Entry, then, in that case, one most definitely can Read More

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