Advice Legal

Facing an accusation under the POSH Act in the absence of evidence is always a tough situation for any manager to go through. Even though the law is set in place to protect the employees from the consequences of the Workplace harassment Act, India , certain provisions ensure the accused do not face arbitrary action. What is the Legal Framework Of The POSH Act The POSH Act, 2013, also known as the Workplace harassment Act of India, is a set of guidelines that control how cases related to workplace harassment are handled. The latest POSH Act developments and interpretation have highlighted the importance of: ●        Fair inquiry and investigation ●        Protection of the dignity of both parties ●        The use of evidence to arrive at a conclusion   Important Rights of the Manager Accused based on Lack of Evidence Managers who are accused but do not have substantial evidenc...

While the decision to divorce is highly emotional, the legal process does not have to be complicated. If you have been searching for a mutual divorce lawyer near me , you are obviously looking for a simple and uncomplicated way to divorce your spouse. The easiest form of divorce in India is the mutual consent divorce, in which the divorce is obtained without any conflict between the two parties. The Easiest Divorce Option Available in India The easiest form of divorce, which can be obtained within the shortest period of time, is the mutual consent divorce. This form of divorce occurs when the couple mutually agrees that the marriage has failed and decides to divorce each other amicably. Unlike other forms of divorce, which involve one of the parties filing for divorce against the other, the mutual divorce does not involve any kind of accusation or conflict between the two parties.   Divorce Process in India for Mutual Consent   The divorce process in India for m...

In business, not every partnership brings success. While working together, there may be disagreements regarding controls, financials, decision-making, management, or splitting profits. When there is a conflict, it is useful to know what your legal options are. An Indian corporate lawyer can explain to partners how to minimise legal harm to the business while resolving conflicts.   Causes of Partnership Disputes   Partnerships often fail due to a lack of understanding of what the requirements are or due to ambiguity in the contracts. Frequently seen are: ●        Distribution of profits causes disagreements. ●        Partnership funds being used for purposes not intended. ●        Violations of a partnership agreement. ●        Issues regarding roles, duties, or power. ●        Differences in opinions on the grow...

There are many reasons a business can suffer losses. Operational disruptions can come from data breaches, online fraud, contract breaches, or acts of professional negligence. Losses are often perceived as one of the many risks for business owners. However, this is not always true. In some cases, the law gives you the ability to pursue compensation for the harmful financial impacts. Knowing your legal options can prevent losses from becoming permanent.   What Is Considered a Business Loss?   When we consider a business loss, we may think of money stolen from an account. However, business losses can include:   ●        Lost revenue as a result of the disruption of services ●        Business data theft or misuse ●        Damage to the business reputation that affects sales ●        The cost to restore your business system following a cyber...

Legal complications arise regarding property inheritance in India when the legal heir is a Non-Resident Indian (NRI). A common question is whether an NRI needs to travel to India in order to claim his rights on ancestral property (if the property is self-acquired, then the NRI may travel to India to claim the self-acquired property). Indian law allows an NRI to claim property in India, and he is not required to travel back to India, provided that the property is properly legally transferred. A practising Indian lawyer would handle succession matters and describe the inheritance as actionable, regardless of having testamentary documents or a legal will; he must be present in the country.  Legal Basis for NRI Inheritance   There are numerous ways by which an NRI can inherit property in India.   ●        Hindu Succession Act, 1956 ●        Indian Succession Act, 1925 ●      ...

Negligence can lead to financial loss in a variety of ways, including data breaches, fraudulent transactions, system malfunctions, or misuse of personal information by a service provider. In most cases, legal negligence is defined as a lack of attention or care that brings harm to someone else. In India, digital and electronic transactions that cause financial losses can be remedied by civil and/or criminal law. Because of the complexities, many people seek advice from a cyber lawyer to determine and explain the legal remedies.    Identifying Negligence in Financial Loss Establishing negligence is a five-step process: ●       There was a duty of care. ●       There was a breach of that duty. ●       There was a breach resulting in damage. ●       There was a financial loss. ●       The financial loss occurred. For example, when a custo...