Month: December 2023
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Facts Which Need Not be Proved (Ss. 56-58)
Law and You >Procedural Laws > Indian Evidence Act, 1872 > Facts Which Need Not be Proved According to Section 3 of the Indian Evidence Act, 1872 a fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that…
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Facts: Proved, Disproved, and Not Proved (S. 3)
Law and You >Procedural Laws > Indian Evidence Act, 1872 > Facts: Proved, Disproved, and Not Proved The Evidence Act revolves around two cardinal things: facts and proof. It is these two things that combine to form evidence, which the court may or may not accept as showing the merit or otherwise of a party’s…
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Lay-Off Under the Industrial Relations Code, 2020
Law and You > Labour Laws > The Industrial Relations Code, 2020 > Lay-Off Under the Industrial Relations Code, 2020 The Conflict between the employees and employers is inherent in industrial society. The Industrial Relation Code, 20202 was enacted to provide machinery and forum for the settlement of such conflicting and seemingly irreconcilable interests without…
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Industrial Disputes Under the Industrial Relations Code, 2020
Law and You > Labour Laws > The Industrial Relations Code, 2020 > Industrial Disputes Under the Industrial Relations Code, 2020 Industrialization in a country has always contributed to employment, contribution to national income, per capita income, exports and economic development on one side and industrial disputes on the other. For the industrial growth, there…
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Worker or Workman Under the Industrial Relations Code, 2020
Law and You > Labour Laws > The Industrial Relations Code, 2020 > Worker or Workman Under the Industrial Relations Code, 2020 When an employee is involved in a dispute with the employer or in a situation where his employment is terminated and such individual wants to avail the protective umbrella of the Act, the…
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Bipartite Forums under the Industrial Relations Code, 2020
Law and You > Labour Laws > The Industrial Relations Code, 2020 > Bipartite Forums under the Industrial Relations Code, 2020 The Industrial Relations Code, IRC 2020 has replaced 3 Acts namely: the Trade Unions Act, 1926; the Industrial Employment (Standing Orders) Act, 1946; and the Industrial Disputes Act, 1947. The code streamlines the laws…
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Retrenchment Under the Industrial Relations Code, 2020
Law and You > Labour Laws > The Industrial Relations Code, 2020 > Retrenchment Under the Industrial Relations Code, 2020 When a business, company or organisation faces a decline in its operations due to factors like reduced demand for labour, retrenchment becomes a necessary way to reduce the number of employees. Retrenchment is one of…
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Distinguishing Tort From Other Wrongs
Law and You > Law of Tort > Distinguishing Tort From Other Wrongs A tort may be defined as a civil wrong independent of contract, for which the appropriate remedy is an action for damage. Tort is not a breach of contract. The law of torts is regarded as “an instrument for making people adhere…
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Damnum Sine Injuria: Damage Without Legal Injury
A tort may be defined as a civil wrong independent of contract, for which the appropriate remedy is an action for damage. Tort is not a breach of contract. The law of torts is regarded as “an instrument for making people adhere to standards of reasonable behaviour and respect the rights and interests of one…
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Contributory Negligence
Negligence, in the context of tort law, refers to the failure to exercise reasonable care that a prudent person would take under similar circumstances. It is the breach of a duty owed by one person to another, resulting in harm or loss. Negligence is an unintentional tort, meaning that the responsible party did not purposely…