#legalright

[seemabhatnagar]

“Long period of working on contract basis doesn’t create legal right for appointment”

Ganesh Digambar Jambhrunkar & another v. The State of Maharashtra & Others

SLP 2543/2023 Before Supreme Court of India

Heard by the Division Bench of Hon’ble Mr. Justice Aniruddha Bose J & Hon’ble Madam Justice Bela M Trivedi J

SLP was dismissed on 12.09.2023

Background

The Petitioner and another were appointed in Shri Guru Govind Singh Institute of Engineering and Technology on contractual basis in the year 2011.

Grievance

The petitioners wanted to be regularized on the post for which appointment process has been started. There submission was since they had worked for a very long period and had given best part of their life for the college therefore their services be regularized.

Issue before the Apex Court

Whether by working for a long period of time on contractual basis, the petitioners had acquired any vested legal right to be appointed in the respective posts on regular basis?

Observation of the Apex Court

1.     Continuous working doesn’t create any legal right in the favor of the petitioner to be absorbed.

2.     In the event there was any scheme for such regularization, they could have availed of such scheme but there seems to be none.

Decision

The petition was dismissed as continuous working doesn’t create any legal right for regularization.

Seema Bhatnagar

[ivygorgon]

An open letter to the U.S. Congress

Pass a bill to make Trump’s trial viewable by ALL Americans!

1,333 so far! Help us get to 2,000 signers!

I understand that the Senate just passed a bill, S. 3250, to permit victims of crimes associated with the bombing of Pan Am Flight 103 to access court proceedings in the criminal case against the perpetrators. This new law will mean that affected people who are too old or infirm to travel to Washington, D.C., or those who are too far away to readily make the trip will still be able to observe court proceedings. Prosecutors at the Justice Department supported the move because they thought it was important for people affected by the crime to see justice in action. They are correct. Bearing this precedent in mind, I would like Congress to swiftly pass a similar bill for Trump’s prosecution for interference in the 2020 election. This case, United States v. Donald J. Trump, is of even more singular importance than the Lockerbie case. If such access can be offered for those victims it can be offered to the American people for a trial in which they have a distinct and unparalleled interest. This is one of the most important court cases this country will ever see. It is in the best interests of every US citizen to provide full access to it. There are, furthermore, no compelling reasons not to do so. Please introduce and/or support such a bill right away. People will be able to learn more about the arguments being made and it is more difficult to pass off disinformation about a proceeding that the public has full access to. Thanks.

▶ Created on January 22 by Jess Craven

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[tmarshconnors]

Reminder for Every American The 27 Amendments

In the rich history of the United States Constitution, the 27 amendments stand as crucial pillars that shape the nation's principles and protect the rights of its citizens.

As Americans, it is imperative you never forget these amendments, as they form the bedrock of our democracy. Let's delve into each amendment and understand why they are essential to uphold.

First Amendment - Freedom of Speech, Religion, and the Press: The First Amendment guarantees the fundamental rights of freedom of speech, religion, and the press. Americans should cherish this amendment as a cornerstone of democracy, allowing diverse voices to be heard and ideas to flourish.

Second Amendment - Right to Bear Arms: While the Second Amendment ensures the right to bear arms, responsible gun ownership is crucial. Americans must be mindful of the balance between individual rights and public safety.

Third Amendment - Quartering of Soldiers: The Third Amendment, often overlooked, prohibits the quartering of soldiers in private homes during peacetime. This protects citizens' privacy and underscores the principle of civilian control over the military.

Fourth Amendment - Search and Seizure: Guarding against unreasonable searches and seizures, the Fourth Amendment is a safeguard against unwarranted government intrusion. Americans must be vigilant in defending their right to privacy.

Fifth Amendment - Rights of the Accused: The Fifth Amendment protects the rights of the accused, ensuring due process, protection against self-incrimination, and the right to fair compensation for seized property. It stands as a shield against potential government abuse.

Sixth Amendment - Right to a Fair Trial: The right to a speedy and public trial, impartial jury, and legal representation is enshrined in the Sixth Amendment. Americans should demand a fair judicial system that upholds justice for all.

Seventh Amendment - Right to a Jury Trial in Civil Cases: In civil cases, the Seventh Amendment guarantees the right to a jury trial. This reinforces the democratic principle that citizens, not just judges, play a role in dispensing justice.

Eighth Amendment - Cruel and Unusual Punishment: The Eighth Amendment prohibits cruel and unusual punishment, emphasizing the nation's commitment to humane treatment even of those convicted of crimes.

Ninth Amendment - Rights Retained by the People: The Ninth Amendment reminds Americans that their rights extend beyond those explicitly stated in the Constitution. It safeguards individual liberties not enumerated, stressing the breadth of personal freedoms.

Tenth Amendment - Powers Reserved to the States: Highlighting the principle of federalism, the Tenth Amendment reserves powers not delegated to the federal government to the states or the people. Americans should appreciate the balance between national and state authority.

Eleventh Amendment - Immunity of States from Certain Lawsuits: The Eleventh Amendment shields states from certain lawsuits, emphasizing the sovereignty of states in specific legal matters. This reinforces the delicate balance between federal and state authority.

Twelfth Amendment - Procedure for Electing the President and Vice President: The Twelfth Amendment outlines the electoral process for choosing the President and Vice President. Americans should understand the intricacies of this process, which ensures a smooth transition of power.

Thirteenth Amendment - Abolition of Slavery: Arguably one of the most pivotal amendments, the Thirteenth Amendment abolished slavery. Americans should never forget the historic significance of this amendment, celebrating the triumph over one of the darkest chapters in the nation's history.

Fourteenth Amendment - Equal Protection Under the Law: The Fourteenth Amendment is a cornerstone of civil rights, guaranteeing equal protection under the law. Americans must actively strive for a society that upholds this principle for all its citizens.

Fifteenth Amendment - Right to Vote Regardless of Race: The Fifteenth Amendment prohibits the denial of voting rights based on race. It is a reminder of the ongoing struggle for universal suffrage and the importance of protecting voting rights for all.

Sixteenth Amendment - Income Tax: The Sixteenth Amendment grants Congress the power to levy income taxes. Understanding the role of taxes in funding essential government functions is crucial for all Americans.

Seventeenth Amendment - Direct Election of Senators: Prior to the Seventeenth Amendment, state legislatures appointed U.S. Senators. This amendment changed the process to direct election by the people, reinforcing the democratic principle of citizens' direct involvement in governance.

Eighteenth Amendment - Prohibition of Alcohol: The Eighteenth Amendment, prohibiting the manufacture, sale, and transportation of alcohol, was later repealed by the Twenty-First Amendment. This episode in American history highlights the importance of carefully considering the implications of legislative decisions.

Nineteenth Amendment - Women's Right to Vote: The Nineteenth Amendment granted women the right to vote, marking a significant milestone in the quest for gender equality. Americans must honor the struggles of those who fought for this fundamental right.

Twentieth Amendment - Terms of the President and Congress: The Twentieth Amendment sets the dates for the inauguration of the President and Congress, ensuring a smooth transition of power and efficient governance.

Twenty-First Amendment - Repeal of Prohibition: The Twenty-First Amendment repealed the Eighteenth Amendment, ending the era of prohibition. It serves as a reminder of the importance of revisiting and rectifying laws that may prove impractical or counterproductive.

Twenty-Second Amendment - Limitation on Presidential Terms: The Twenty-Second Amendment imposes term limits on the presidency, preventing individuals from holding the office for more than two terms. This ensures a rotation of leadership and guards against potential abuses of power.

Twenty-Third Amendment - Right to Vote for Residents of Washington, D.C.: Granting residents of Washington, D.C., the right to vote in presidential elections, the Twenty-Third Amendment reinforces the democratic principle of representation for all citizens.

Twenty-Fourth Amendment - Prohibition of Poll Taxes: The Twenty-Fourth Amendment prohibits poll taxes in federal elections, ensuring that financial barriers do not impede citizens' right to vote. Americans should be vigilant against any attempts to restrict voting through discriminatory means.

Twenty-Fifth Amendment - Presidential Succession and Disability: The Twenty-Fifth Amendment outlines the procedures for presidential succession and the temporary transfer of power in case of a president's incapacity. Understanding this amendment is crucial for maintaining stability in government.

Twenty-Sixth Amendment - Right to Vote at Age 18: The Twenty-Sixth Amendment lowered the voting age to 18, recognizing the rights and responsibilities of young citizens. Americans should encourage civic engagement and participation among the youth.

Twenty-Seventh Amendment - Congressional Pay: The Twenty-Seventh Amendment addresses congressional pay, stating that any change in salary for members of Congress will only take effect after the next election. This amendment reflects the importance of transparency and accountability in government.

Americans, you must not only be aware of the 27 amendments but actively embrace and defend the principles they embody. These amendments represent the collective efforts to forge a more perfect union, securing individual freedoms, promoting equality, and establishing a government accountable to its citizens.

These amendments forward, ensuring that they remain an integral part of the nation's identity and guide your commitment to justice, liberty, and the pursuit of happiness.

[worldwatcher3072]

Amendment VII:

The Right to Trial by Jury in Civil Cases

"In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States than according to the rules of common law."

Explanation:

The Seventh Amendment to the United States Constitution guarantees the right to a trial by jury in civil cases. It ensures that in certain legal disputes, where the value in question exceeds twenty dollars, the parties involved have the right to have their case decided by a jury of their peers.

The amendment emphasizes the importance of preserving this right, which dates back to English common law traditions. It seeks to protect individuals from having their property or financial interests decided solely by judges without the input of a jury.

Application to Daily Life:

Amendment VII plays a significant role in protecting the rights of individuals and corporations in civil disputes in modern-day America. Here's how it applies to our daily lives:

Legal Disputes: The Seventh Amendment becomes particularly relevant in civil cases, such as personal injury claims, contract disputes, property disputes, and tort cases. If the amount of money or value involved exceeds the threshold set by the amendment, both parties have the right to request a trial by jury.

Jury Selection: In cases where a jury trial is requested, a jury of ordinary citizens is selected to hear the evidence, review the facts, and reach a verdict. This ensures that decisions are not made solely by legal professionals but by a group of impartial peers.

Balancing Power: The Seventh Amendment helps maintain a balance of power in the legal system. It prevents potential bias or unfair decisions by giving individuals the opportunity to present their case to a jury, making the process more democratic.

Civil Justice System: This amendment plays a crucial role in the civil justice system, as it empowers citizens to participate actively in the legal process. It helps ensure that verdicts are not solely based on the interpretation of laws by judges but also consider the collective wisdom of a jury.

Settlements: In many cases, the right to a trial by jury can influence parties to settle out of court to avoid the uncertainty of a jury's decision. This, in turn, can lead to more efficient resolution of disputes in the legal system.

The Seventh Amendment of the U.S. Constitution preserves the right to trial by jury in civil cases, providing individuals and corporations with an essential safeguard against potential unfair rulings. By empowering ordinary citizens to participate in the legal process, the amendment contributes to a more just and democratic civil justice system that protects the rights and interests of all citizens in their daily lives.

[soolegal]

𝐐𝐮𝐞𝐬𝐭𝐢𝐨𝐧 𝐌𝐚𝐫𝐤𝐬 𝐨𝐧 𝐄𝐟𝐟𝐢𝐜𝐚𝐜𝐲 𝐨𝐟 𝐭𝐡𝐞 𝐏𝐫𝐢𝐧𝐜𝐢𝐩𝐥𝐞 𝐨𝐟 𝐂𝐨𝐧𝐬𝐭𝐫𝐮𝐜𝐭𝐢𝐯𝐞 𝐍𝐨𝐭𝐢𝐜𝐞.

For further information, refer to this Article By Adv. Bhumesh Verma

[memorialmerits]

In a whirlwind of political tension,

[sankhlaco]

Understanding the Payment of Wages Act in India: Ensuring Timely and Fair Compensation for Workers

In India, one of the fundamental rights of workers is the timely and fair payment of wages. The Payment of Wages Act, 1936, was enacted with the objective of ensuring that workers receive their wages promptly and in full, without any unjust deductions. This Act is crucial for safeguarding workers' financial well-being and maintaining industrial harmony.

What is the Payment of Wages Act?

The Payment of Wages Act, 1936, is a legislation that governs the timely and fair payment of wages to workers employed in factories, railways, and industrial establishments. The Act ensures that workers are paid on time, without unauthorized deductions, and that they are informed of their wages clearly. It applies to all establishments where 100 or more workers are employed, although some states extend its applicability to smaller establishments as well.

Key Provisions of the Payment of Wages Act

Timely Payment of Wages:

The Act mandates that wages must be paid on or before the 7th of the month for workers employed in establishments with fewer than 1,000 employees, and on or before the 10th of the month for workers in larger establishments.

Wages must be paid in cash, and in cases where payment by cheque or bank transfer is made, the worker must be provided a written receipt.

Wage Period:

The Act defines the "wage period" as the period for which the worker is entitled to receive wages. Typically, the wage period is monthly, though some industries may adopt weekly or bi-weekly periods.

Deductions from Wages:

The Act specifies the authorized deductions that can be made from wages, such as:

Deductions for absence from work.

Contributions to provident fund and social security schemes.

Deductions for accommodation or canteen facilities provided by the employer.

Deductions for income tax (as per the applicable rules).

Any other deduction, apart from these, is deemed illegal. The worker must be informed of the deductions, and no deduction can exceed 50% of the worker’s wages.

Wages in Kind:

In some cases, workers may be paid in kind (such as food or housing) instead of money. However, the value of such wages must not exceed a certain percentage of the total wage, and the worker must receive a statement showing how the value is calculated.

Overtime Payment:

The Act stipulates that if a worker works beyond the standard working hours (usually 8 hours a day or 48 hours a week), they are entitled to overtime wages at a rate of twice the normal hourly rate.

Who is Covered Under the Payment of Wages Act?

The Payment of Wages Act applies to workers employed in various establishments such as:

Factories

Railways

Industrial establishments

Contractual and casual workers working in these establishments

However, it does not apply to workers employed in managerial or administrative roles or those receiving a salary above a prescribed threshold, typically ₹18,000 per month.

Significance of the Payment of Wages Act

Ensures Timely Compensation: One of the most significant impacts of the Payment of Wages Act is that it ensures that workers are paid their dues promptly and on time. Timely wages reduce the financial stress on workers, helping them meet their day-to-day needs.

Prevents Exploitation: The Act serves as a safeguard against arbitrary and illegal deductions by employers. It ensures that workers receive full payment for their labor, without unjust penalties or reductions.

Promotes Transparency: The requirement for employers to provide a clear statement of wages and deductions promotes transparency in the workplace. This creates trust between workers and employers, fostering a better work environment.

Improves Industrial Relations: When workers are paid on time and their wages are not subject to unauthorized deductions, it reduces the likelihood of industrial disputes and strikes. A healthy wage environment contributes to overall industrial harmony.

Challenges in Implementation

While the Payment of Wages Act has been instrumental in protecting workers’ rights, its enforcement faces certain challenges:

Non-compliance by Employers: Some employers may delay payments or make unauthorized deductions, especially in unorganized sectors.

Lack of Awareness: Many workers, especially in small-scale industries or informal sectors, are unaware of their rights under the Act and may not report violations.

Delayed Enforcement: Inspections and enforcement of the Act may be slow in some regions, leading to delayed redressal of workers' grievances.

Conclusion

The Payment of Wages Act, 1936, is a vital piece of labour legislation that ensures workers receive their wages in full and on time. By regulating payment practices and preventing illegal deductions, the Act plays an important role in promoting fair treatment and fostering a positive industrial atmosphere.

For businesses, adhering to the provisions of the Payment of Wages Act not only ensures compliance but also promotes goodwill and boosts employee morale. For workers, understanding their rights under the Act is crucial in ensuring they are treated fairly and justly compensated for their labor.

In a growing economy like India, where the workforce is integral to its success, the timely payment of wages remains a cornerstone of fair labour practices and worker empowerment.

[ipconsultinggroup-1]

🎯 A trademark is more than a name; it’s your brand's legacy.

A trademark goes beyond being just a name - it's the cornerstone of your brand's identity, protecting its reputation, uniqueness, and legacy in the marketplace.

Contact Us DC: +1 (202) 666-8377 MD: +1 (240) 477-6361 FL +1 (239) 292–6789 Website: https://www.ipconsultinggroups.com/ Mail: protect@ipconsultinggroups.com Headquarters: 9009 Shady Grove Ct. Gaithersburg, MD 20877 Branch Office: 7734 16th St, NW Washington DC 20012 Branch Office: Vanderbilt Dr, Bonita Spring, FL 34134

[news-of-news]

Rajasthan Wedding Drama: Groom Demands Rs 5 Lakh Dowry & Motorcycle, Leads to Confrontation and Arrest

A wedding ceremony in Lamba Ki Dhani, Rajasthan, took a shocking turn when the groom, Vikram, a constable with the Indo-Tibetan Border Police (ITBP), demanded a dowry of Rs 5 lakh and a motorcycle from the bride’s family right after the marriage rituals were completed. The demand sparked a heated argument, leading the bride, Anju Jakhar, to refuse to leave for her in-laws' house. This resulted in the groom’s arrest. Watch this video to understand the shocking details and the fallout from this dowry-related dispute.

🔸 What triggered the groom’s dowry demand after the wedding?

🔸 How did the bride and her family respond to the shocking request?

🔸 What legal actions followed the confrontation, and how will this case impact future dowry-related disputes?

Like, share, and subscribe for more updates on breaking news and social issues in India.

[lockamylawyers]

🚗 Suffered Whiplash in an Accident? Know Your Rights! 🚑

Whiplash can be more than just a “minor” injury—it can cause serious pain, limit your movement, and require ongoing treatment. If you've experienced whiplash in an accident, understanding your options for compensation is key.

In our latest blog, we cover:

Common symptoms of whiplash

Treatment options for recovery

Legal steps to protect your rights and seek compensation

👉 Read more: Understanding Whiplash Injuries: Symptoms, Treatment, and Legal Options https://lockamylawyers.com/blog/understanding-whiplash-injuries-symptoms-treatment-and-legal-options/

Don’t let a whiplash injury go unchecked. Contact Lockamy & Associates for help with your claim. 💼 ⚖️

[jharkhandbihar-us]

AMBEDKAR LAW COLLEGE

𝑳𝒂𝒘 𝑪𝒐𝒍𝒍𝒆𝒈𝒆 𝒊𝒏 𝒑𝒂𝒕𝒏𝒂

www.amblawcollege.com

[maplemoneycom]

If you've never fought traffic tickets in the past, here are the general steps you need to take, and the various consequences of getting a speeding ticket.

[ivygorgon]

An open letter to the President

Use the Real ID act to block FL’s driver's license gender marker ban!

1,038 so far! Help us get to 2,000 signers!

I know that, in a letter released Friday, every member of Florida's Democratic congressional delegation urged your administration to use its powers to block Florida's driver's license gender marker ban for transgender individuals using the federal Real ID act. I support this request 100%. As the letter states: “If [these] revisions are allowed to stand in Florida, and similar provisions are allowed to stand in other states, they will undoubtedly continue to spread, creating more confusion and inconsistency while severely hampering Americans' ability to travel, including LGBTQ+ American's ability to leave states that are hostile to their existence.” This would be unacceptable. The United States federal government should mandate Florida to come into compliance and use every other power at its disposal to prevent discrimination against transgender individuals on driver's licenses. The Biden administration has an important tool to utilize to counteract anti-trans Republican legislatures across the country. Please use it. Thanks.

▶ Created on February 6 by Jess Craven

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[lifesparktech]

Parkinson’s - A Recognised Disability by the Indian Law

Background :

India signed the United Nations Convention on the Rights of Person with Disabilities (UNCRPD) and sometime in 2007. India subsequently fine tuned  and made many amendments to the Persons with Disability Act, 1995 (PWD Act 1995) and replaced it with The Rights of PWD Act, 2016 (RPWD Act 2016). The purpose was not just to comply with the UNCRPD, but also to consider the socio-cultural setup of the Indian society and the resources available. The preamble of this act clearly states that it aims to uphold the dignity of every Person with Disability (PwD) in the society and prevent any form of discrimination. 

Recognition of PD as a disability :

The new law lists 21 different conditions that are considered as disability as compared to 7 in the earlier law. In this expanded list, chronic neurological disorder based on the fact that a person with a chronic neurological condition (such as PD among others) would experience a variety of symptoms that impact their abilities to lead an independent life and would require long term healthcare and possibly assisted living.  With PD, it is also recognised that it affects movement at the minimum, also speech and cognitive functioning and it will get worse with time, and thus will require more care, as it is progressive disease. 

Benefits available to Person with PD :

There are several benefits and provisions available through the  central and state governments to a person having PD.  A disability certificate is mandatory for availing these. 

Some of the main benefits are:

Railway - the person is allowed to travel in compartment reserved for the divyanjan

Air travel concession

Bus travel concession

Income tax deduction benefits - under section 80U of the IT act, A deduction of Rs. 75,000 is allowed for people with disabilities, and Rs. 1,25,000 deduction for people with severe disability. One is not required to submit any proof of medical expense to avail this deduction.  If a nex of kin is paying insurance premium for a person with disability, he/she can claim deduction under section 80DD. 

Note that each of the above may be subject to specific policies of central or state government prevalent at the time of availing the concession. 

A disability certificate can only be issued by a state government hospital. This is specified for each district.  

Eligibility criteria for the certificate :

Person must be an Indian citizen

Written diagnosis by a neurologist

Doctor’s prescription/s

CT or MRI scan with reports, if applicable

Detailed note about the disability, from a qualified doctor

To be issued a Disability Certificate, the individual must be assessed to have a minimum of 40% degree of disability. This assessment is done by the neurologist in the state government hospital. 

[soolegal]

𝐇𝐞𝐫𝐞 𝐚𝐫𝐞 𝐬𝐨𝐦𝐞 𝐛𝐚𝐬𝐢𝐜 𝐥𝐚𝐰𝐬 𝐚𝐧𝐝 𝐫𝐢𝐠𝐡𝐭𝐬 𝐰𝐡𝐢𝐜𝐡 𝐞𝐯𝐞𝐫𝐲 𝐈𝐧𝐝𝐢𝐚𝐧 𝐬𝐡𝐨𝐮𝐥𝐝 𝐛𝐞 𝐚𝐰𝐚𝐫𝐞 𝐨𝐟:

For further information, refer to this Article By Adv. Kartik Mago

[memorialmerits]

Understanding the legal rights and protections available to unmarried