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Principal Agent Relationships & Respective Liabilities

Principal Agent Relationships & Respective Liabilities

INTRODUCTIONChapter 10 of the Indian Contract Act talks about the relationship between principal and agent. An agent, as per Section 182 of the aforementioned act, is a person hired to work on behalf of the individual known as a principal and represent him in dealings with third parties. This article demonstrates the rights, obligations, and responsibilities of a principal and the agent in general.   WHAT IS MEANT BY AGENCY? T... Read More

Post By Vishal Kumar

Sexual Harassment of Women in the Workplace

Sexual Harassment of Women in the Workplace

INTRODUCTIONSexual abuse is a pattern of behaviour. It is described as sexually inappropriate behaviour. Whether in an established, emerging, or undeveloped country, sexual harassment, and assault is a prevalent problems. Brutality towards women is prevalent worldwide. Regardless of how hard one wants to protect, ban, avoid, or provide remedies, violations will always occur. It is a felony committed against women, who are seen as the most vulnera... Read More

Post By Vishal Kumar

Legal Consequences of Motor Accidents

Legal Consequences of Motor Accidents

INTRODUCTIONIt is not uncommon in India for people to die in road accidents. The number of such accidents is increasing with each passing day. There are several reasons behind such accidents be it uneven roads, not enough streetlights, or just rash and negligent driving on the part of the people. The accidents that happen are traumatic. One of the biggest reasons behind traffic accidents is a lack of patience regarding traffic rules. Another reas... Read More

Post By Vishal Kumar

What is Cheque Bounce along with its Legal Remedies?

What is Cheque Bounce along with its Legal Remedies?

INTRODUCTIONCheque bounce cases are very common these days. Usage of cheques is also very common these days. The more the cheques are used, the more are the instances of cheque bounce. However, a cheque bounce is contrary to a lawful transaction between two people, and the person whose cheque bounces is liable for punishment under the law. section 138-142 of the Negotiable Instruments Act deals with the cheque bounce situations and prescribes app... Read More

Post By Vishal Kumar

Legal Consequences of not Non-Payment of an Employee's Salary by the Employer

Legal Consequences of not Non-Payment of an Employee's Salary by the Employer

INTRODUCTIONThe rights of the employees are protected by Indian law to a great extent. Generally, the employers have a notion that the employees are not well aware of the rights that come with their employment and hence they can be fired at any point, or the non-payment of wages can be done without any consequences. But the law protects such cases of non-payment of rightful wages/salary to the employees LAWS REGARDING PAYMENT OF WAGESContrac... Read More

Post By Vishal Kumar

Wrongful Termination of Employment

Wrongful Termination of Employment

INTRODUCTIONWhen a person is wrongfully terminated without any sufficient cause for termination, then it is known as wrongful termination of employment. The employer needs to give valid and strong grounds for terminating an employee. Wrongful termination can also include terminations where the employees are not given a chance to speak in their defence. The fundamental principle of Audi Alteram Partem stands violated when something like this happe... Read More

Post By Vishal Kumar

Difference between Court Marriage & Marriage Registration

Difference between Court Marriage & Marriage Registration

DIFFERENCE BETWEEN COURT MARRIAGE AND MARRIAGE REGISTRATIONWHAT IS A COURT MARRIAGE?Court marriages are simpler and more convenient that proper traditional marriages. Their ambit is very wide when it comes to the eligibility of people under court marriage. To begin with, a court marriage is a simple marriage that takes place in the presence of three witnesses and one marriage officer who solemnise the marriage. Court marriages do not require any ... Read More

Post By Vishal Kumar

Information in Cognizable Cases - CRPC 154

Information in Cognizable Cases - CRPC 154

RELEVANT CASE LAWS 1. Lalita Kumari v. Govt. of U.P- In this case, the court held that filing of FIR is necessary if the information of a cognizable offence has been given. No preliminary investigation before the filing of FIR is to be done. 2. Bathula Nagamalleswara Rao & Ors. v. State Rep. By Public Prosecutor- The delay in filing the FIR is justifiable only if there exist reasonable grounds on which it was delayed. At the same ti... Read More

Post By Vishal Kumar

IPC Section 311 - Punishment
IPC

IPC Section 311 - Punishment

As already mentioned, this section is not limited to public servants and applies to every citizen of the country. The word ‘knowingly’ in this section caters to the requirements of mens rea which is important while invoking this section. Mens rea refers to the intention of committing a crime. Hence, the prosecution has to prove beyond reasonable doubt that intention was present when the accused helped the state prisoner in escaping. If the pr... Read More

Post By Vishal Kumar

  Aiding Escape of, Rescuing or Harbouring such Prisoner - CRPC 130

Aiding Escape of, Rescuing or Harbouring such Prisoner - CRPC 130

ANALYSIS OF SECTION 130  As already mentioned, this section is not limited to public servants and applies to every citizen of the country. The word ‘knowingly’ in this section caters to the requirements of mens rea which is important while invoking this section. Mens rea refers to the intention of committing a crime. Hence, the prosecution has to prove beyond reasonable doubt that intention was present when the accused helped the st... Read More

Post By Vishal Kumar

Police officer's power to investigate Cognizable Case - CRP 156

Police officer's power to investigate Cognizable Case - CRP 156

SECTION 156(3) At the outset, this section provides ways in which a victim can file a complaint when the police officer is not ready to file the complaint under section 154 of CrPC. Section 154 deals with information in cognizable cases and the filing of the FIR. If the police officer is of the view that the offence is not cognizable in nature and no case is made out prima facie, the aggrieved party can approach the Superintendent of Police ... Read More

Post By Vishal Kumar

Power to Issue Order in Urgent Cases of Nuisance or apprehended Danger - CRPC 144

Power to Issue Order in Urgent Cases of Nuisance or apprehended Danger - CRPC 144

INTRODUCTION Section 144 CrPC empowers the magistrate to prohibit a gathering of people which extends to more than four people. Such wide powers are given to the magistrates to deal with situations of emergency. This section, in a way, empowers the magistrate to curb the liberty of people where it has become necessary because not doing so will lead to disruption and nuisance. However, this curbing of liberty is subject to some grounds which ... Read More

Post By Vishal Kumar

Power to Examine the Accused - CRPC 313

Power to Examine the Accused - CRPC 313

OBJECT OF SECTION 313  As already mentioned, listening to both parties in a case is fundamental to the delivery of justice. Justice can never be delivered by hearing one party only. The accused should be considered an equal in the eyes of law and hence should be given a chance to speak what he has in his mind regarding the evidence brought to the court against him. This object of law is enshrined under Article 313. Even though the accus... Read More

Post By Vishal Kumar

Cognizance of Offences by Magistrates - CRPC 190

Cognizance of Offences by Magistrates - CRPC 190

COGNIZANCE IS TAKEN OF THE OFFENCE AND NOT THE OFFENDER  It is amply clear that section 190 empowers a magistrate to take cognizance of the offence and section 204 then talks about the further procedure once the magistrate is satisfied that a case is made out. Section 204 CrPC comes into force once the magistrate has taken cognizance. In the case of Sonu Gupta v. Deepak Gupta, the court held that it has to be made sure that the cognizan... Read More

Post By Vishal Kumar

Power to Proceed against another person appearing to be Guilty of Offence  CRPC - 319

Power to Proceed against another person appearing to be Guilty of Offence CRPC - 319

PURPOSE BEHIND GIVING SUCH POWER UNDER SECTION 319 The court has been given this power because there are situations sometimes when the real accused is rescued from the Indian penal code. A person who is rescued is either due to the help of the police by giving a bribe or by insufficiency of evidence. In such cases, it is imperative that the court comes into the picture and acts as a layer of efficiency while delivering justice. It is the dut... Read More

Post By Vishal Kumar

Prosecution for Contempt of Lawful Authority of Public Servants, Offences against Public Justice & for Offences related to Documents in Evidence- CRPC 195

Prosecution for Contempt of Lawful Authority of Public Servants, Offences against Public Justice & for Offences related to Documents in Evidence- CRPC 195

IMPORTANT FACTORS OF SECTION 195 Under section 190, it was specified that a magistrate can take cognizance of a matter in 3 ways namely- via a private complaint, via a police report, via a Suo moto action of the magistrate himself. Now when talking about section 195, before a magistrate can take cognizance of any offence, he has to make sure that the taking of cognizance by the magistrate of that particular offence is not barred under sectio... Read More

Post By Vishal Kumar

Order for Custody & Disposal of Property Pending trial in certain cases - CRPC 451

Order for Custody & Disposal of Property Pending trial in certain cases - CRPC 451

POINTS TO REMEMBER  • This section only applies when the inquiry is still continuing and has not concluded. • This section enables the court to grant interim custody of the property. • Section 451 does not lay down what all can the court do with the property during the pendency of the trial but just gives the power to the court to do something with the property pending the trial. • This section is discretionary in nature. The court c... Read More

Post By Vishal Kumar

Power to Summon Material witness or Examine person Present - CRPC 311

Power to Summon Material witness or Examine person Present - CRPC 311

SOME IMPORTANT ASPECTS OF THE SECTION  Under section 311, the court can summon more witnesses even after the prosecution case has concluded if it thinks that new evidence or further cross-questioning of the witnesses is required. This was laid down in the case of Amrinder Singh vs Prakash Singh BadaIf the counsel for either the prosecution or defence is found to be incompetent or ill or has changed, the witnesses called by such counsels... Read More

Post By Vishal Kumar

Compounding of Offences - CRPC 320

Compounding of Offences - CRPC 320

TABLE 1: Offence IPC Section Compoundable By Uttering words, etc., with deliberate intent to wound the religious feelings of any person. 298The person whose religious feelings are intended to be wounded. Voluntarily causing hurt. 323The person to whom the hurt is caused. Voluntarily causing hurt on provocation. 334Ditto. Voluntarily causing grievous hurt on grave and sudden provocation. 335Th... Read More

Post By Pranjal Jain

Power of Police Officer to Seize certain Property - CRPC 102

Power of Police Officer to Seize certain Property - CRPC 102

SALIENT FEATURES OF SECTION 102 •  According to this section, if the police officer who is seizing the property is of a rank below than the police officer who is in charge of the police station, then that police officer who is a rank below has to inform and submit a report of seizure to the inspector in charge of the police station. In other words, any police officer, other than the inspector in charge of the police station, has seize... Read More

Post By Pranjal Jain

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Principal Agent Relationships & Respective Liabilities

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It is seen that real estate developers and builders delay the delivery of projects by months to years at a stretch. This results in monetary loss and mental harassment for buyers.

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