Handling sexual harrassment at the workplace can be tricky business. At stake is not just the morale and the productivity of employees, but also the very reputation and growth of the company. Here are some things you should consider as an employer.
Assess the Complaint: Insist on a written complaint. Where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or any person on her behalf may make the complaint.
Reconciliation: If there is a miscommunication or the matter is of trivial nature, the mater should first be tried to be resolved with reconciliation.
Form an Internal Committee as soon as you can: Assess the date of incident and in case
Wealth is of two kinds:
Ancestral – Properties handed down through generations and
Self acquired – Properties acquired through self-earned money.
In the event of ancestral properties the Will has very limited role to play. However in self acquired properties, the Will is the sole ground to distribute the property as per the written wish of the person who has acquired the property i.e. Testator.
We need a Will to ensure the acquired assets go to the person as per the wishes of the Testator.
Conditions under which you SHOULD make a Will:
Age over 45 years: The chances of getting ill increases after age 45, so it is always advisable to draft the Will as per the wishes of test
Here are some tips on how to make electronic evidence like recordings, emails and chats admissible in a court of law:
1. Preserve the original gadget:
Keep the gadget with which you have procured the evidence in safe keeping. And produce it in court when the need arises. The possible gadgets are: For Pictures - the camera or the phone, for Audio recordings - the audio recorder, for chats - the phone or laptop.
2. Get the gadget tested:
If the above evidence is disputed, you'll need to get the gadget tested through a certified forensic lab.
3. Various formats of evidence:
Any electronic record which is printed on a paper or stored, recorded or copied in optical/magnetic media shall also be considered to be a document, if the conditions me
Checking on the legal aspects of a property is easy. Simply make a note of these points and keep ticking them as you check them:
Insist on seeing the original documents: There's a lot of scope for foul play with photocopies. So, never settle for photocopies, no matter what the excuse the other party gives.
Thoroughly check the possession of property: Possession plays major role in checking legal aspect of any property.
Check ownership of the property: Visit authorities like DDA, MCD etc. to make double sure about the ownership of property.Check whether the party has General Power of Attorney or Conveyance Deed. A Conveyance Deed means the party has absolute powers to execute the sale. If it is a GPA, it has limited rights , read the
Recovery of stuck payments is the pain point of many businesses. Except for a few cases where the clients have genuine challenges in paying you, in the rest they don't pay simply because they do not feel compelled to do so. Here's how you can force them to pay:
1. TAKE QUICK ACTION:
You should ideally take action the moment you see your client defaulting on your payment beyond a reasonable amount of time. Remember, the older the debt, the lesser the chances of recovery.
In case of cheque dishonor, you should issue the legal notice within 30 days and file a complaint within 45 days post that, for the best chance of recovery.
Please note, the courts do not entertain any debt recovery cases beyond 3 years.
Drafting a watertight contract can be really simple if you follow these simple Do's and Don'ts:
Always include the following clauses to avoid future litigation:
A. Consideration - value generated for each party
B. Deliverables - what goods or services will each party deliver
C .Responsibility - duties of parties while delivering
D. Default - what shall be the damages in case of default
E. Termination - when can the contract be terminated or deemed to be terminated.
F. Timelines of deliverables - how much time is allowed for each work
E. Jurisdiction - which court shall be approached in case of a dispute
A. Avoid using non-definitive words like 'would', 'should' etc. Instead, use words like 'Shall'.
You might consider this advice as odd, coming from a lawyer, but this is what I strongly advocate. Litigation after all, is a painful process, especially more so in India where the courts can take years to settle the simplest of matters. If you are a first time litigator, you would expect an early disposal, which in most cases does not happen.
Here is how to avoid litigation altogether:
1. Always analyse the credentials of the person you are dealing with.
Who is the person? What is his/her background? How was he while dealing with others? What is his litigation history? If needed, you may even hire a detective to know more. Your objective should be to understand the person better and explore how