Adv. Sandigdha Mishra "Be Aware"

Specific performance means fulfilling a promise made under a contract as agreed, A Detailed Analysis Under the Provision of  Specific Relief Act, 1877  : The Law of Specific Relief in India was originally codified by Specific Relief Act, 1877. The provision of this enactment was considered by the Law Commission in its Ninth Report which was later replaced by the present act of 1963. The Specific Relief Act, 1963 deals with the  remedies  granted at the  discretion of the court  for the enforcement of individual  civil rights . In case of breach of contract, the general remedy available to the aggrieved party is compensation or damages of loss suffered. For this, a civil suit is filed against the guilty party who had made the default in performance of its duty or obligation as per the terms of contract under the statutory provision of Section 73-75 of Indian Contract Act 1872. However, sometimes pecuniary compensation does not satisfy the plaintiff so h...

DIVORCE BY MUTUAL CONSENT Divorce by Mutual Consent, means when both Husband and wife agree amicably amongst themselves that they cannot live together anymore and that the best solution is to Divorce, without putting forth any allegations against each other, in the court of law, then such a Divorce petition presented jointly before the Honorable court, is known as mutual consent Divorce. It is the quickest form of divorce in India. Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation. Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance....

Covid-19 and Impact on Employment: By Sandigdha Mishra, Advocate advsandigdha@paydirtprofessionals.com advocate.sandigdhamishra@gmail.com It is well known that employers have been cutting down on their workforce in light of reducing finances and prospects for recovery for the economy. The government has pounced in and has attempted to remedy the situation by instituting nodal offices to the labour departments that will receive complaints about unfair and unethical termination of employees. In light of the pandemic, the government has further sent out advisories by both the Ministry of Home Affairs and Labour departments. These advisories target this specific group of unprotected employees. At the same time, the government itself cannot do much in terms of interim protection, it has exhorted companies to refrain from sacking employees en-mass, and further to not exacerbate the situations that might cause employees to resign. The respective states have passed their own notifications mand...