Lawsuit Cybernaut

Law Career Opportunities   After your bachelors law degree you can either answer various entrance exams such as All Bar Examination (AIBE), Judicial Services Examination, Public Services Commission Examination, Competitive Examinations, or you can do post graduation in LLM and other diploma courses, or you can directly work as a Legal Correspondent at newspapers and TV or work with NGO or work for LPO (Legal Process Outsourcing). If after your law degree whether it's a 5 years integrated law course or 3 years LLB degree, you can answer the All India Bar Examination and become an advocate in the court of law or in a corporate firm. If you choose to become an advocate in the court of law, you can work as a criminal lawyer or a civil lawyer or income tax lawyer or cyber lawyer. And if you choose to be an advocate in a corporate firm then you can be either be a legal advisor and a document drafting lawyer. If you choose to answer Judicial Services Examination after your law degree then...

  Life of a Law student  Law studies focuses on overall every field such as contracts, torts, property, banking, environment, medicines, patents, trademarks, theories, Jurisprudence, interpretation, languages, technologies, taxes, parliament, psychology, business deals, international relations, natural rights, human & animal rights and various other rights and liabilities etc., besides from its core subjects like criminal studies, civil studies and constitutional and judiciary studies.  Law is totally depended on Research skills and the outer representation and the confidence and logic a person expresses on the spot.    A Law student faces a lot of competition in their college life in the ease to be more logistic and confident in research and representation from the other. If you are opting for a law career or is currently a law student than you will find law studies and college very interesting and fun at the same time you will find it toxic. So let me give...

4 reasons why Law is different from Medical and Engineering   Have you ever wondered, why Medical studies and Engineering studies have so much demand among students while Law is also a professional degree studies and have the same value and Reputation like medical and engineering field but you would hardly see students hustling hard to get into law colleges and see so many students rush to get into medical or engineering colleges. If you are from India or studying in India, you will definitely experience it!!!   If you are in a law school you would usually see that there are number of students who also hustle hard to get into law school, but its not like medical or engineering students who had this dream and ambition to take these fields from childhood. If you ask any law student why did you choose law as your career ? than  40% of the law students will say that they wanted to do something different from medical and engineering but yet a professional degree, while 20% of ...

Are you in your 12th std or either finished your bachelors degree and thinking to choose law as your career?  Well! then you are at the right place in the right blog. Here I am going to explain you each and every details about the law courses and the exam. And don't worry I am going to explain these in very simple words. because once when i was at the phase of opting a law course I was very confused and there was non of the blogs which could clarify my doubts. So here's a blog which I am creating for all of you clarifying your doubts as a fresher. Courses under Law first of all, there various courses available under a law college such as :- B.A.LL.B B.COM.LLB BBA.LLB LL.B LL.M  these are the degrees available under a law college and the eligibility of each degree might vary from one another but these lead to the same law career as an advocate. Also it depends on the college as which courses among these it provides. the first three courses are dual degree and the other two are ...

The meaning of wages as defined by the Payment of Wages Act, 1936. Section 2 (vi) of the Payment of wages, 1936 Act defines wages as :- "Remuneration refers to any form of payment, whether it's in the form of salaries, allowances, or other benefits, provided to employees in exchange for fulfilling their job duties." Wages Include:-  1)  Remuneration in the form of award.      ( Award means remedy or compensation which is either given by court orders or settled by parties through friendly settlement.) 2)  Remuneration which a person is entitled for overtime work, holidays, any leave period. 3)  Additional Remuneration (such as remuneration as bonus, contract, award by settlement or by court order etc.) paid under terms of employment. 4)  The sum payable to employee during the termination of employment. 5)  the sum payable to the  employees through some schemes which are in existence for a long period of time. Wages does not include :- 1)...

Definition of wages under industrial dispute act, 1947 Section 2(rr) of the industrial dispute act, 1947 defines wages as:- All the remunerations which are expressed in terms of money are called wages. When a workman who is employed expressly or impliedly and that workmen fulfills the terms of employment then he is given wages in return. Wages include :- 1) Dearness allowance. 2) Providing housing, utilities like electricity and water, medical care, or other benefits, as well as discounted food or other items. 3) Any travelling concession. 4) Any commission payable on promotion of sale or business or both. Wages does not include :- 1) Any bonus. 2) Any amount contributed or to be contributed by the employer to a pension or provident fund, or for the benefit of the worker as required by current laws. 3) Any gratuity payable on the termination of service of workman. Reference  :- Textbook - Labour and Industrial Laws, 29th Edition by S.N. MISRA

The Tripartite Committee of Indian Labour Conference (1957) In 1957, the Tripartite Committee of the Indian Labour Conference agreed upon five rules for setting minimum wages :- 1)  An "earner's" wage is calculated with a view that one standard working class family may consist of three consumption unit. 2)  The minimum food requirement of an average Indian adult who has a moderate activity, is calculated on the basis of Net intake calories recommended by doctor Aykroyd. 3)  Clothing requirement should be estimated at per consumption of 18 yards per annum which would give a total of 72 yards for average worker family of four. 4) Housing cost is also calculated while fixing minimum rates of wages, and it is calculated considering the rent of that particular housing area which comes under Government Industrial Housing Scheme. 5) Expenses for fuel, lighting, and other miscellaneous items should make up 20% of the entire minimum wage amount. Reference  :- Textbook - Labou...

Living wages stipulated in the Minimum Wages Act of 1948. Living Wages The living wage, as defined by the Fair Wage Committee in their report published by the Government of India's Ministry of Labour Court in 1949, is intended to empower male earners to support themselves and their families with more than just the basic necessities of food, clothing, and shelter. It should also encompass modest comforts, such as:-  Education for children.  Protection against ill health.  Requirement of essential social needs.  Insurance for old age. Reference  :- Textbook - Labour and Industrial Laws, 29th Edition by S.N. MISRA

Fair Wages under the Minimum Wages Act, 1948. Fair wages Fair wages are sufficiently high compared to minimum wages and it provides a standard family with food, shelter, clothing, medical care, education for children etc.  Fair wages depends on the earning capacity and workload. Fair  wages also depends upon the company's capacity to bear the financial burden or employer's capacity to pay. Case Laws:- 1) S.A.F.L. Works Vs. State Industrial Court, Nagpur. In this case supreme Court observed that:- Before fixing the paying capacity the tribunal should first fix all the income, deductions, and allowances which are incurred. Such expenses of the company cannot be determined or deducted for fixing fair wages such as:- Purchase of raw material. Expenses incurred towards rent. Public charges. Maintenance of the establishment. Expenses incurred in marketing. Payment of income tax. However such expenses can be determined and deducted from a company for fixing fair wages such as:- Payme...

Minimum Wages under the Minimum Wages Act, 1948. Minimum Wages Minimum wages are at the poverty line level. It is the lowest limit of wages and it cannot further sink. Minimum wages provides bare subsistence and should be paid irrespective of the companies extent of profit, financial condition of establishment and availability of workmen. Minimum wages are independent wages and applies to all industries weather big or small. Minimum wages are not defined in any act because there are various industries and each industry is different from the other and it is also different from one part of country to the other part of the country, therefore it is not possible to lay down same uniform minimum wages for all. Case Laws :- 1) Hydro (Engineers) Private Ltd V. The workmen. In this case it was held that minimum wages should be set based on three factors such as:-  First factor - The prevailing cost of essential commodities (which simply means that in today's time what is the price or rate ...

Various concepts of wages  or types / kinds of wages under the minimum wages act, 1948. In order to know about the types of wages, we need to understand about the wage - structure. In general, wages can be categorized into three main types:- 1) Minimum Wage.  This wage provides bare subsistence and is at poverty-line level. 2) Fair Wage. This wage is little above than minimum wages. 3) Living Wage. This wage provide comfort level. Important Case Law:- Kamani Metals and alloys Vs. Their Workmen. As per this case, Supreme Court states certain principles on which wages are fixed:- The first principle states that, minimum wages should be paid irrespective of Company's extent of profit, financial condition of establishment and availability of workmen.  Minimum wages are the lowest limit of wages and the rate of these wages cannot further sink. Minimum wages are independent wages and it applies to all industries whether big or small. The second principle states that, Fair wages...

Definition of wages under the minimum wages act, 1948. Section 2(h) the minimum wages act, 1948 defines wages as:-  All the 'remuneration' which can be expressed in terms of 'money' are called wages. When a person who is employed expressly or impliedly and that person fulfils the terms of employment, then the employer pays the employee remuneration for completion of work through wages. Wages do not include:- 1)  The value of :- House accommodation, supply of light, water and medical attendance. Any amenity or service which is excluded by the appropriate Government. 2)  Contribution paid to any pension fund, provident fund and scheme of social insurance. 3) travelling allowance or travelling concession. 4) any special expenses covered by employee during employment work are not wages.  5) Any gratuity payable on discharge. Case Law:- Prerna Sahyog Vs. Authority Under Minimum Wages Act and Others. In this case an employee complaint of non- payment of wages by the employ...

Exceptions to the Rule of Estoppel. when the other party knows the truth and still he/she acts upon the false representation, then the rule of Estoppel doesn't apply in such cases because the other party should innocently believe on the false representation.                                                                             Rule of Estoppel doesn't apply in criminal cases.                            Rule of Estoppel in  any fraud acts.                                                  Rule of Estoppel doesn't apply in negligence cases.                ...

Kinds / Types of Estoppel 1)  Estoppel by record When a competent court gives any judgement and the affected party does not appeal in the higher court within a given time period, than that person's right to appeal is restricted and nor he or any of his legal representatives cannot appeal regarding the same issue. This is also known as estoppel by judgement. 2)  Estoppel by deed If any party in a contract or agreement prepares a deed or a sealed deed and formally executes that deed, then that deed cannot be challenged on the basis of facts. But if the deed is based on fraud intention or misrepresentation, only than it can be challenged. 3)  Estoppel in pais "Pais" means "before the public." This is also called as estopped "by conduct" or by "matter in pais." When any person by his conduct portrays or represents a particular position in front of public or in front of any other person or party then that person is bound by that position, and he c...

Development of Rule of Estoppel under The English Law. The Rule of Estoppel was developed in the English Law under the following two cases :- 1)  Picard Vs. Sears. In this case, A person sold a property to someone pretending that it was his property. Later after selling the property, the seller gets same property through succession. And so the seller tries to avoid the sale deed and tells the buyer to give back the property because the sale is void as during the time of sale, the seller didn't had the ownership title to the property.  The court estopped the seller from denying the sale and further presenting any truth. And the sale was held valid. This case developed the principles of Rule of Estoppel in English Law.  And the rule of this case was also formulated in Section 115 of the Indian Evidence Act and incorporated in India. 2) Hughes Vs. Metropolitan Railway Company.   In this case, A person named Hughes gave his land on lease to the Metropolitan Railway Compa...

ESTOPPEL UNDER INDIAN EVIDENCE LAW. Estoppel basically means if you give any false information or make false any promise to someone and that person who you gave such false information,  acts upon it than the court will estop you from telling the truth and will make you fulfil the promise. This concept is mentioned under section 115 of the Indian Evidence Act, 1872. lets understand this in more simple words:- Imagine a boy named Rahul tells his friend Suraj any false information or makes any false promise to him. Suraj believing that the information and the promised made by his friend Rahul is true and he accordingly acts upon it. And later Rahul tells Suraj that the information he told him and the promise he made to him was fake than the court stops Rahul from telling the truth and makes Rahul to fulfil the promise. ILLUSTRATION 1)  If in a railway station your luggage gets lost and you tell the police that there was total 1000 Rs in your luggage but l...

  ADR     (ALTERNATIVE DISPUTE RESOLUTION) Everything that you need to know about ADR in simple words from the base and in the understanding of general public is in this following blog below, so do check out and read and don't miss it. so whenever there is a dispute or a fight between two or  more individuals, they refer that dispute in courts by filing case against the other for the court to resolve the case and take the decision for them. But as you know the court decisions are very strict and has a binding force. meaning the parties to the cases have to follow the decision of the court/judge and they cannot deny it. So many a times people dislike referring the dispute/fights to the court. So these people have the option to resolve their dispute through ADR methods. Now lets see what is ADR:- The full form of ADR is "Alternative Dispute Resolution" and as the name suggests ADR means a method of resolving disputes. In this what happens is that when th...

Yes!  you are at the right place looking up for tricks and tips to study entire syllabus at once because in this blog I am not going to tell you to set an alarm or record yourself while studying, but instead I am going to tell you how to remember the subject matter within an hour or two!  step 1:   take out the syllabus or portion of the subject you are studying. step 2:   within 5 minutes try to remember the names of all the chapters under the subject which will be there for your exam.  (because in order to learn the subject u need to know what the subject includes, it will be easy for you to classify what sort of information in the subject relates to which chapter.  Sometimes you know the information but you don't know under which question it falls.) step 3:   Now open YouTube and type any one of those chapter name and look any one YouTube video relating to the that chapter at 2x speed (or any speed that you prefer). Now do this same thing with each ...

Double insurance and Reinsurance     Double insurance Double insurance takes place when an individual or any company secures coverage for a specific property through multiple insurers or by holding multiple policies from the same insurer.   Explanation in simple words: -         Basic knowledge on insurance Ø the policy holder/ proposer/ insured/ assured - [the person who takes insurance policy for himself or his property]. Ø The policy giver/proposed/insurer/ assurer – [the insurance company or the agent of the insurance company who offers insurance policy].   Now, normally the policy holder insures his subject matter from any one insurance company. But if the insured, insures his same subject matter [i.e., himself or his property] to more than one insurance company it is called double insurance.   Example: If a person named ‘RAHUL’ takes insurance policy of his car from 3 different insurance company of 1 lakh each. ...