boss2966Payment of Bonus
1. A person must have worked at least for 30 days in the Financial year.
2. Minimum Bonus Payable is 8.33% (Rs.3500).
3. Maximum Bonus Payable is 20% (Rs.8400).
4. The Bonus must be paid within 8 months on next Financial Year.
5. Rs.3500/- pm is the Maximum Salary/Wages can be considered for calculation of Bonus.
6. Those whose salary upto Rs.10000/- will be eligible to get Bonus.
7. If the person does not receive the Bonus within the Stipulated time period, then the intimation about Unclaimed Bonus must be sent to the Licencing Authority (Labour Inspector Office) and on completion of 3 Financial Year, the amount must be deposited with Labour Inspector Office or it should be spent on the welfare activities of the workers engaged in the industry.
From India, Kumbakonam
boss2966Quid Pro Quo
In normal usage, Quid Pro Quo means Getting something in exchange of something. In simple it means an exchange of goods or services, where one transfer is contingent upon the other. English speakers often use the term to mean "a favour for a favour"; phrases with similar meaning include: "give and take", "tit for tat".
In legal usage, quid pro quo indicates that an item or a service has been traded in return for something of value, usually when the propriety or equity of the transaction is in question. For example, under the common law, a binding contract must involve consideration: that is, the exchange of something of value for something else of economic value. In the United States, if the exchange appears excessively one sided, courts in some jurisdictions may question whether a quid pro quo did actually exist and the contract may be void by law.
Similarly, political donors are legally entitled to support candidates that hold positions with which the donors agree, or which will benefit the donors. Such conduct becomes bribery only when there is an identifiable exchange between the contribution and official acts, previous or subsequent, and the term quid pro quo denotes such an exchange. The term may also be used to describe blackmail, where a person offers to refrain from some harmful conduct in return for valuable consideration.
Quid pro quo harassment occurs when employment or academic decisions or expectations (hiring, promotions, salary increases, shift or work assignments, performance standards, grades, access to recommendations, assistance with school work, etc.) are based on an employee or student's submission to or rejection of sexual advances, requests for sexual favors, or other behaviour of a sexual nature. These cases involve tangible actions that adversely affect either the conditions of work or academic progress.
The Merriam Webster Dictionary explains in simple language as something that is given to you or done for you in return for something you have given to or done for someone else.
From India, Kumbakonam
boss2966In any case if someone filed a case and if either one party does not turn for attending the case, what will be condition of the case?
This question was asked by a friend.
The reply is
If the Petitioner / Complainant does not attend the hearing and absented himself from court proceedings then the case will get dismissed.
If the Respondent / Defendant does not attend the hearing and absented without any information then the case will be decreed Ex-Parte.
From India, Kumbakonam
boss2966Section 173 of Code of Criminal Procedure.
A Magistrate empowered to take cognisance of an offence, can call for the detailed Investigation Report from the Police Department. The Concerned Police Officer will have to submit the Detailed Investigation Report to the Magistrate ordered to investigate, for further lodging a case against the Respondent.
If the complainant is falsifying the records produced and the same is brought in the limelight then the Magistrate will not file any case. But if the Defendant found guilty as per the Police Investigation report, then the police officer has to file the FIR and can effect the arrest.
The Act Says
Section 173 in The Code Of Criminal Procedure, 1973
173. Report of police officer on completion of investigation.
(1) Every investigation under this Chapter shall be completed without unnecessary delay.
(2) (i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating-
(a) the names of the parties;
(b) the nature of the information;
(c) the names of the persons who appear to be acquainted with the circumstances of the case;
(d) whether any offence appears to have been committed and, if so, by whom;
(e) whether the accused has been arrested;
(f) whether he has been released on his bond and, if so, weather with or without sureties;
(g) whether he has been forwarded in custody under section 170.
(ii) The officer shall also communicate, In such manner as may be prescribed by the State Government, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was first given.
(3) Where a superior officer of police has been appointed under section 158, the report shall, in any case in which the State Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police station to make further investigation.
(4) Whenever it appears from a report forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order- for the discharge of such bond or otherwise as he thinks fit.
(5) When such report is in respect of a case to which section 170 applies, the police officer shall forward to the Magistrate alongwith the report-
(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation;
(b) the statements- recorded under section 161 of all the persons whom the prosecution proposes to examine as its witnesses.
(6) If the police officer is of opinion that any part of any such statement is not relevant to the subject- matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request.
(7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accused copies of all or any of the documents referred to in sub- section (5).
(8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub- section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub- sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub- section (2).
From India, Kumbakonam
boss2966Kidnapping Vs Abduction
In criminal law, kidnapping is the unlawful taking away or transportation of a person against that person's will, usually to hold the person unlawfully. This may be done for ransom or in furtherance of another crime, or in connection with a child custody dispute.
In simple English, if a male below 16 years and female below 18 years transported without the consent of the person or his/her guardian, then it is kidnapping. If a person above the age of 18 years then it is known as Abduction.
From India, Kumbakonam
CiteLegalGoods and Services Tax (GST)- This is a value-added tax levied on most goods and services sold for domestic consumption. The Indian Acts governing GST are essentially: Integrated Goods and Services Tax Act, 2017 and Central Goods and Services Tax Act, 2017.
From India , Delhi
YellowWillsIntestate: Intestate means when a person passes away without leaving instructions about who should be given their property: A man or woman who dies without making a will is intestate.
Succession: Means the order in which or the conditions under which one person after another succeeds to a property, dignity, title, or throne
Intestate Succession: Intestate succession means a succession without a will. A will generally dictates how a person plans to transfer his assets or properties after his death to his/her heirs. A person dies intestate when he has not bequeathed his properties according to a will.
From India, Bengaluru