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ROLE OF POLICE IN PREVENTION OF SEXUAL HARASSMENT UNDER THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION & REDRESSAL) ACT OF 2013

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In the year 2013, the Sexual Harassment of Women at Workplace (Prevention,Prohibition & Redressal) Act was enacted to keep check and prevent incidents of sexual harassment at workplace. Guidelines in respect of the Act were also framed for seeking quick and effective re- dressal. For an act to take place, it is not necessary that incident takes place at place of work only, it may also occur during any of the company events, work related travels, customer’s/client’s premises or any work related electronic communication. We know that for reporting an act, the complaint is made before Internal Complaints Committee, Local Complaints Committee...

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DEFENCES AVAILABLE TO MALE EMPLOYEE IN CASE OF FRIVOLOUS AND VEXATIOUS COMPLAINTS OF SEXUAL HARASSMENT

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Sexual harassment at workplace is a major problem which is faced worldwide. Sexual harassment does not only come in form of quid pro bono (if you will sleep with me, you will get promotion) but also in form of in appropriate jokes, showing pornography, direct or indirect unwelcome touching or any unwelcome in appropriate sexual behavior. When an employee claims sexual harassment to the internal committee or local committee, such internal committee of the company or local committee is bound to inquire into the matter and submit its report. Committing sexual harassment at workplace is definitely an act which affects...

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REMEDIES AVAILABLE TO WOMEN UNDER THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION & REDRESSAL) ACT OF 2013

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Sexual harassment at workplace is a global problem whether it is a developed or developing nation, and India is also not new to this. Victims of sexual harassment face health and psychological problems. Where a sexual harassment has occurred at workplace, there are various remedies available under the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act of 2013 where a woman can approach in order to get remedy. The first place where a victim can approach is the internal complaints committee. As per the act, all the workplaces consisting of 10 or more than 10 employees are...

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DEFENCES AVAILABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT OF 1881

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The Section 138 Negotiable Instruments Act of 1881 creates penalty for matters in which holder has drawn a cheque in favour of drawee with insufficient funds to his corresponding account. However, there can be instances where such holder of cheque has not intentionally acted in such a manner.   Section 139 of Negotiable Instrument Act provides for presumption in favour of the holder that the cheque was issued for discharging an antecedent liability and presumption can be rebutted only by the person who drew the cheque. Hence, an accused under Section 138 matter can defend itself under Section 139 of the Act....

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Scope of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act of 2013

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The Government of India enacted Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act in 2013 for protection, prevention, and redressal of women against sexual harassment at workplace.  The Act defines sexual harassment in line of Vishakha’s judgement i.e. Vishakha vs. State of Rajasthan. Sexual harassment includes any unwelcome sexually tinted behaviour, whether directly or by implication, such as advances or physical contact, demand or request for sexual favours, making sexually coloured remarks, showing pornography, or any other unwelcome physical, verbal or non verbal conduct of sexual nature.   Other circumstances or behaviour which may amount to sexual harassment are implied...

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Jurisdiction of Courts under Section 138 of the Negotiable Instruments Act of 1881

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The Section 143 of the Negotiable Instrument Act of 1881, specifically provides for all offences under the chapter to be tried by Judicial Magistrate of First Class or Metropolitan Magistrate in accordance with summary trial provisions of Section 262 to Section 265 of Code of Criminal Procedure. It provides that in case of Section 138 of the Act, the Magistrate is empowered to pass a sentence up to one year imprisonment.       It further provides, that if at commencement or during course of summary trial, Magistrate finds that nature of particular case is such that the sentence of imprisonment exceeding one year...

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SCOPE OF SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT OF 1881

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Advent of cheques has given market a new dimension to corporate and commercial world for transaction. People prefer carrying and execute small piece of paper called cheque than carrying the currency worth the value of cheque. But, there is certain Section of society that intends to execute a cheque without having an intention to honor it. Prior to 1988, no legal provision existed which restrained people from issuing cheques without sufficient funds in their accounts or punishes them in event of the same.   Thus, an amendment to ensure remedy against defaulters and to ensure credibility of the holder of instrument, a criminal...

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Outsourcing Agreement: Foreign Company & Indian Company

The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”. Our Querist is a Media Company, which is into the field of rendering...

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PRIVACY & PERSONAL DATA PROTECTION: EMPHASIS

In the background of recent security breaches and computer databases hacks the protection of databases assumes utmost priority. The loss of data or its derivatives could lead to data hacks, personal data misuse, illegal financial transactions and abuse of the data for ulterior motives. Under the present laws, personal data can only be gathered legally under strict conditions, for a legitimate purpose. Furthermore, persons or organisations which collect and manage your personal information must protect it from misuse and must respect certain rights of the data owners which are guaranteed by the Indian laws The present data sharing laws within the various...

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LEGAL CHALLENGES BEFORE STARTUPS IN INDIA

The professional team of Advocates & Lawyers of My Lawyers Advice has been dealing with numerous Startups and been rendering their legal advice to them. Startups have become the go-to option to start any business, however, they are not prepared for the challenges which has become the cause for their failure. One of the biggest challenges faced is in identifying the right business structure. The necessary legal compliances depend on the structure of the business, further the business structure must be compatible with the business that is ought to be conducted. Once the business structure is identified, they must ensure...

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