Law Firm in Gurgaon, Delhi/NCR > Blogs (Page 19)

Can an Employee Sue an Employer for Wrongful Termination?

 Introduction Wrongful termination or wrongful dismissal is a situation in which the contract of employment of an employee is terminated by the employer. Such dismissal breaches one or more terms of the contract. It is one of the most common types of employment disputes. Every year a countless number of employees are subject to wrongful termination but are unaware of the correct legal recourse. Termination of an employee is an unwanted and unpleasant procedure however this termination must be conducted in an ethical and legal manner. The termination may be termed as illegal if it is done for any of the reasons...

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Introduction Ethics and laws have a disputed battle of arguments which cannot be concluded at one particular ground. And medical ethics is not an exception to this rule. If in a particular circumstance two options are available, one is ethically correct and one is legally correct, then what is to be chosen? Which option will justify the act? These types of situations are common in the life of the medical practitioner. A physician charged with ill-conduct may be held guilty or innocent in a court of law. However, along with legal proceedings, disciplinary proceedings may also be initiated against him based...

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Negotiable Instruments Act, 2018 (Amendment)

Introduction The Negotiable Instruments (Amendment) Bill was introduced in the Lok Sabha on January 2nd, 2018. It was notified in the official gazette after the assent of the President on August 2nd, 2018. The insertion of new provisions in the Negotiable Instruments Act aims at reducing the undue delay in cheque dishonor cases. It creates a provision for payment of interim compensation to the complainant. It is believed that this amendment will strengthen the credibility of cheques and promote ease of trade. The reason behind the Amendment The Negotiable Instruments Act was enacted to consolidate the legal provisions pertaining to: (i) Cheques (ii) Bills...

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Res Judicata

Introduction Res Judicata is a phrase which has been evolved from a Latin maxim which stands for ‘the thing has been judged’. In other words, it means that the issue has already been decided by any other Court, between the same parties. Therefore, the Court will dismiss the case before it. Res Judicata is a concept that is applicable both in the case of Civil as well as a criminal legal system. The term is also used to mean as to ‘bar re-litigation’ of such cases between the same parties, which is different between the two legal systems. Once a final order...

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Introduction The place of women in society is always a matter of right. Women always have to fight for their rights. The legal terms do not decide the rights of the women but by the customs. People are following some customs from history as well. One such example is of Kerela. In Kerela, at Sabarimala Temple, a ritual is being followed from age’s i.e. restrict the entry of women of the age group from 10 to 50 years to enter the temple to preserve the sanctity of the temple. The entry of women in the age group 10 to 50 prohibited as...

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Mob Lynching: Boon or Bane

Introduction Mob Lynching is an activity by the angry crowd of people who wish to kill someone without a trial. This is mainly because because they believe that person has committed a crime. These types of incidents usually take place because of two reasons: 1. The belief of one community about an issue which may not be the same in view of some other community. 2. The incident is of such a grave character that the people do not want to wait for the Court to decide the issue. One such incident has occurred in Chennai. 17 men raped an eleven-year-old differently-abled girl for...

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Review on Supreme Court Case [Justice K.S. Puttaswamy (Retd.) vs. Union of India]

Right to Privacy is a Fundamental Right or not? The Right to privacy has always been a topic of debate in History and the present scenario. Article 21 of the Indian Constitution states that every individual has a right to life and personal liberty except according to the procedure established by law. Many rights like the right to clean air, water, and atmosphere, right to noise-free environment etc. This Article also states that human existence not only the mere living of human beings. It also includes a right to live with dignity. Article 21 of the Indian Constitution includes the right to privacy. The...

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The Relationship of colour ‘Black & White’ with the Advocates

Introduction We know that every profession has a certain dress code, and the people belonging to that particular profession are recognized by their outfit. For say, doctors are recognized by their white coat, engineers by their helmets and so on. In this way, lawyers are identified by their black & white outfit. The outfit of lawyers differs from country to country. For example: Afghanistan & Iran: White gown and Black Turban Australia: Court dress varies according to the jurisdiction United States: Normal Business Outfit Canada: Red and White dress History The history starts with the 17th century and that is still being followed till now....

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Section 498 IPC: Enticing a Woman

        Transition in Women’s Condition The status and the rights of women in Indian society have undergone many changes and have always remained a matter of concern for the socio-religious and political elites of India. In earlier times, women were treated as chattels and rights for them were denied. The religious text and the literature in ancient India have assigned women a subordinate identity as these texts define the role of Aryan men but women are ignored as the other subaltern classes. But from the rise of the modern era and the emergence of feminism, the women are getting higher education and all...

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Introduction Cruelty for animals takes place when someone hurt an animal or does not fulfill their responsibility towards any animal, whether pet, street or wild animals. Responsibilities relate to taking care, giving them food and not to restrain them. It is also specified by the various Courts that if someone does the same heinous acts with the animals, then he will be liable for the cruelty towards the animals. Any particular form of cruelty is not defined in any statute. In other words, we can say that violence towards animals can be of any type. For example: overt & intentional, negligence for...

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