Adv. Sandigdha Mishra "Be Aware"

TERMINATION OF EMPLOYMENT IN INDIA  By Sandigdha Mishra, Adv. advocate.sandigdhamishra@gmail.com advsandigdha@paydirtprofessionals.com When employers do not follow the proper procedure to terminate an employee then they are caught into a number of legal and reputational risks. Therefore, it is required for the company to create a contract and get it mutually agreed by both the employer and an employee before joining the company. It also helps employees to get to know about their rights and responsibility in a company to avoid the consequences. In India, there is no standard procedure to terminate an employee. The contract between the employee and employer decides the terms and conditions to terminate an employee. However, employers must be aware of the fact that labour laws always supersede the provisions described in labour contracts. In the case of absence of a labour contract, employers require to follow the state laws to terminate an employee. Grounds For Termination The ground...

CYBER LAW AND SECURITY IN INDIA BY,  Sandigdha Mishra.,  Adv. advsandigdha@paydirtprofessionals.com The term "cyber-crimes" is not defined in any statute. The word "cyber" is slang for anything relating to computers, information technology, internet and virtual reality.  Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian Penal Code. The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the Information Technology Act, 2000. One finds laws that penalize cyber-crimes in a number of statutes and even in regulations framed by various regulators. The Information Technology Act, 2000 ("IT Act") and the Indian Penal Code, 1860 ("IPC") penalize a number of cyber-crimes and unsurprisingly, there are many provisions in the IPC and the IT Act that overlap with each other. However Cyber c...

SUMMARY SUIT AND ORDINARY SUIT UNDER THE CIVIL PROCEDURE CODE By Sandigdha Mishra, Advocate advsandigdha@paydirtprofessionals.com A suit is a civil proceeding that has been instituted when on presenting a plaint as per Section 26(1)Civil Procedure Code.  So first, a plaint has to be prepared then the appropriate place for suing has to be chosen and thereafter, the plaint has to be presented. Section 26(2) of the Code of Civil Procedure says that the facts in each plaint have to be proved by affidavit. Now, what is a summary suit as well as an ordinary suit? Summary Suit Summary suit means a certain legal process is followed so as to enforce right effectively wherein the court delivers judgment and defence is not heard. So, this is process is done in specific cases in a restricted manner and when the defence does not have proper or reasonable ground. In the Code of Civil Procedure, Order XXXVII speaks about the summary procedure that has to be followed for recovery ...