Archive for May, 2008

Dismissal of frivolous or vexatious Consumer complaints

—Contributed By Deepak Miglani

Filing of case in civil court takes a long time and a lot of money. The Consumer Protection Act, 1986 has been enacted to provide for better protection of the interests of the consumers. It provides the speedy mechanism to redress the grievance of consumer. Some time people file the false [...]

BUDGET 2008 & its impact on the MSME Sector

–Contributed by Vasant Prabhu

Did you know that the word ‘Budget’ in French means a leather case? Well the bag of goodies from the finance minister this year around was expected to be a more tempered one keeping the upcoming general election in mind. And it didn’t disappoint the purists or the critics either. But the [...]

Hearing of Employee is imperative before making deduction from his gratuity

–Contributed by Deepak Miglani
Gratuity is an amount payable to an employee for the purpose of safeguarding his life after cessation of employment. It is to ensure that employee does not become destitute after retirement. It can be forfeited only when the misconducts as prescribed are committed by him resulting into his dismissal from service since [...]

Partnership not Created by Status

—Contributed by Deepak Miglani
Partnership is the form of business organization, where two or more persons can join together or jointly carrying on some business. It is an improvement over the ’sole-trade business’, where one single individual with his own resources, skill and effort carries on his own business.
In a partnership, a number of persons [...]

Adjustment of Loan against Retrenchment Compensation & Notice Pay not Permissible

—Contributed by Deepak Miglani Legal Buddy
Retrenchment means the termination of the service of a workman by the employer for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action but it does not include the following:-

Voluntary retirement of the workman,

Retirement of the workman on reaching the age of superannuation [...]

There is no Limitation Period to Claim Gratuity

—Contributed by Deepak Miglani
The Payment of Gratuity Act does not prescribe any limitation to claim gratuity.
An employee can file an application for gratuity any time.
It is an obligation on the part of the employer to pay the gratuity after retirement or after termination of employee’s service. The employee should complete at least five years [...]

Informations which are exempted from disclosure under Right to Information Act

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–Contributed By Deepak MiglaniIndia is the biggest democracy in the world. People are the masters of a democracy. Therefore the masters have a right to know how the government, meant to serve them are functioning.  Every Citizen pays taxes, [...]

Workers has no right to disturb the peace of organisation

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–Contributed by Legal Buddy
Workers generally think that they have an absolute right to strike. Workers are employed by employer and an employer – employee relationship exists between them. The workers have the right to demonstrate but it does not mean [...]

Precedent

-–Contributed by Deepak Miglani
“Precedent” ordinarily means, any decision or a judgment which has a binding force.
Every decision contains three basic postulates which are as given below:-

Findings of material facts, direct and inferential. An inferential finding of facts is the inference which the judge draws from the direct or perceptible facts.

Statements of the principles [...]