Adv. Sandigdha Mishra "Be Aware"

CBSE or State or Centre or Whom to follow and What to follow, a question and a struggle which all private schools are facing By, Adv. Sandigdha Mishra advocate.sandigdhamishra@gmail.com Who is the appropriate authority of a Private School in India? Recently, The Supreme Court was dealing with the case relating to a private unaided minority educational institution and its disciplinary committee, wherein, the Madhya Pradesh High Court had held that a writ petition filed by an employee of a private unaided minority educational institution seeking to challenge his termination from service was maintainable in law. In Civil Appeal No. 5789 of 2022 before the Supreme Court, the educational institution St, Mary's Education Society raised the following issues: i. Whether a writ petition under Article 226 of the Constitution of India is maintainable against a private unaided minority institution? ii. Whether a service dispute in the private realm involving a private educational institution a...

Carbon Emission, Climate Change and Carbon Tax By Adv. Sandigdha Mishra advocate.sandigdhamishra@gmail.com Carbon Emission Climate Change and Disaster It's the wake up call  Introduction: Angelina Jolie during her recent visit to Pakistan said, “Climate change is not only real and it is not only coming - it is very much here. The real tragedy is that Pakistan contributes less than 1% of the world's carbon footprint and yet millions of people have been displaced or lost loved ones. "Extreme heat waves, irregular monsoon,  this year at large parts of India was made 30 times more likely because of climate change. From last three days, continuous rain brought the Millennium City Gurugram  to its knees, with water inundating several roads and the expressway, throwing traffic into disarray." Climate change is real, catastrophic and factual threat to humanityAccording to the Global Climate Rate Index, 2021, India is ranked 3rd among the top 10 countries and hence most affect...

By Sandigdha Mishra, Adv. Legal Consultant, School Compliance, Child Protectionist, Life Coach https://www.linkedin.com/in/sandigdhamishra/ A contract is formed when a party with sufficient legal capacity makes an offer and the other party of sufficient legal capacity accepts the offer with a legal consideration. In order to be a contract, the agreement must include valid consideration. That is, both parties must contribute a Quid pro quo to the agreement such as money, labor, a return promise, etc. To form a valid contract, both parties must have the legal capacity to enter into a contract and the purpose or objective of the contract must be legal. While intensification of commerce and trade sector is on its peak, contracts are extremely important set of clauses and often play a central role in any corporate’s success. When drafting a contract, there are many things which one should keep in mind, for instance, assuring that contracts serve everybody’s eventual benefits and...

Copy Right, For A Piece Of Original Work By Sandigdha Mishra, Advocate advocate.sandigdhamishra@gmail.com advsandigdha@paydirtprofessionals.com The copy right means the right provided to the authors/originators/creators of different kinds of works, as enumerated in the Copyright Act. The right of authors/originators/creators includes the right of reproducing, communicating to the public etc. The most important feature of Copyright Law is that it protects the presentation of the ideas in tangible form, and not the idea itself. It is a form of intellectual property protection granted under Indian law to the creators of original works of authorship such as literary works (including computer programs, tables and compilations including computer databases which may be expressed in words, codes, schemes or in any other form, including a machine readable medium), dramatic, musical and artistic works, cinematographic films and sound recordings. Under section 13 of the Copyright Act 1957, copyri...

RWA AND AD-HOC COMMITTEE FOR THE SMOOTH FUNCTIONING OF YOUR SOCIETY: By Sandigdha Mishra, Advocate advocate.sandigdhamishra@gmail.com advsandigdha@paydirtprofessionals.com A  resident welfare association  (abbreviated as RWA) is a  Non-governmental organization  that represents the interests of the residents of a specific urban or suburban locality.  RWAs are typically registered under Haryana Registration and Regulation of Societies Act, 2012 for the societies in Haryana, which require groups to have a minimum of ten members and the activities of such RWA are governed by The Haryana Apartment Ownership Act, 1983.  These acts also set the rules for the establishment of RWA bye-laws, which include such things as membership criteria, voting rights, and the conditions under which RWA can initiate legal proceeding on behalf of the registered society through its governing body. Societies registered under the Haryana Societies Registration Act holds the stat...