Adv. Sandigdha Mishra "Be Aware"

GRATUITY as per Indian legal framework By Sandigdha Mishra, Advocate advsandigdha@paydirtprofessionals.com Gratuity is a defined benefit plan given by the employer to the employee for rendering services continuously for five years or more. It is a monetary benefit usually given at the time of retirement. But there are certain rules that make an employee eligible to receive gratuity before the age of retirement or superannuation. 'Employee' as per ‘The Payment of Gratuity Act, 1972, means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company or shop to do any skilled, semiskilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Governmen...

BREACH OF CONTRACT UNDER THE PROVISION OF CONTRACT ACT: Contract is made between the parties who are intended to bind together in a legal obligation i.e.to serve the interest of both the parties.  Once the parties have come to an agreement regarding the terms of the contract, they are both legally obligated to fulfill their obligations under the contract. If they fail to do so, they have breached the contract and can be held liable in a court of law. Terminating a contract means legally ending the contract before both parties have fulfilled their obligations under the terms of the contract. There are a variety of reasons why a party can terminate a contract. When and how the contract is terminated will determine whether either party has any liability for breach of the contract before it was terminated.  Thus, repudiation can occur when the either party refuses to perform his part, or makes it impossible for him to perform or even fails to perform his part of contract in each o...

WILL UNDER THE INDIAN SUCCESSION ACT,1925: Meaning / Definition of a ‘Will’ : – A ‘Will’ is an instrument (i.e. document), by which a person makes a disposition of his property, which is intended to take effect after his death. A ‘Will or testament’ is a declaration, in a prescribed (i.e. legal) manner, of the ‘intention’ of the person making it, with regard to the matters, which he wishes to take effect upon or after his death. Any such person, who is of ‘sound mind’, and who is ‘not a minor’, can execute his or her ‘Will’. Here, it is to be noted that, such person may be very sick or ill, i.e. of unsound health, but, at the moment of execution of Will, he must be of sound mind. It means that, he must have capacity to realize or understand, as to what are his properties, who are near and dear to him, in whose favor it would be better to dispose of property, etc. In short, any such person, making a Will, must be able to know the nature of his acts and its consequences. And therefore, i...

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...