Legal Upanishad

Educational Institution as Industry: Industrial Disputes Act

Investigating and resolving workplace disputes is the primary goal of the Industrial Dispute Act, of 1947. Swift resolution of labour disputes, good relations between the workforce and management, and continuing industry production are the key objectives of the act. The Industrial Dispute Act says that the act applies to all areas that fall under the definition of “Industry.” This article, analyses the concept of industry under the Industrial Dispute Act, 1947 with special reference to educational institutions and universities.

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Contract Labour as a Workman under Industrial Disputes Act, 1947

Legal Articles / legalupanishad

It is a point of unresolvable disagreement to resolve whether an employee qualifies as a workman or not. When an employee wants to use the Act’s protections in the event of a disagreement with his employer or when his employment is terminated, the employer objects, arguing that the person hired does not qualify as a workman under the act. This article discusses Contract Labour as a Workman under the Disputes Act, 1947.

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Disaster Management: A study of the legal framework in India

Legal Articles / legalupanishad

This article will focus on “Disaster Management” and highlight the agencies that deal with disaster management in India and it will also discuss the types of disasters. Disasters may be Natural, Man-made, Complex emergencies or Pandemic emergencies. One should be aware of disaster and disaster preparedness. Disaster hurts the poor and vulnerable the most. In a country like India, where every year floods and cyclones damage properties especially in the Eastern and North Eastern part of the country, directly affect the country’s economy at large. The disaster not only affects life but also the working conditions of the poor. To illustrate, a person who owns a small shop that was destroyed because of disaster, might not be able to recover that loss in the future.

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Evolution of the Banking System: All You Need to Know

Legal Articles / legalupanishad

Banking is one of the oldest industries in the world. They are regarded as the foundation of a developed economy. The financial infrastructure required for thriving economies is provided by sound financial systems, which are at the forefront of technological development. Since the days of the commodities banks, banking has undergone a substantial transformation, and contemporary financial organisations are constantly evolving to address the most challenging problems. This article discuss the evolution of the banking system in India from the Vedic Period to nationalisation of 14 major banks on July 19, 1969, and later.

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Copyright protection for cooking recipes

Copyright Protection for Cooking Recipe: Copyrights Act 1957

Legal Articles / legalupanishad

The dispute over if cooking recipes or diverse culinary inventions may be covered by copyright is a relatively new one, thanks to the development of ‘celebrity’ chefs on social media. In addition to a list of components, recipes frequently include a technique of preparation that yields the desired outcome. Celebrity chefs are frequently anticipated to generate innovative recipes that distinguish them from other chefs—as with other types of celebrities, there is however a requirement to “create” products, and in this case, takes the shape of culinary inventions. Like all other inventors and innovators, chefs who develop cuisines also want to safeguard their concepts. The concept of the “idea-expression” duality, the legislation’s language, and the way a recipe is written all play a role in the question of whether or not it is protected by copyright law. To that end, this article explores how copyright law could relate to recipes.

Critical Analysis of the Finance Bill 2022

Critical Analysis of the Finance Bill: All You Need to Know

Legal Articles / legalupanishad

Direct taxes and indirect taxes are the two categories of taxes in India. Direct taxes are assessed on the revenue that various business entity types bring in within a fiscal year. The Income Tax Department has a variety of registered taxpayers, and each pays taxes at a particular rate. For instance, although taxpayers, a person, and a business are not taxed equally. The year 2022 and its budget for the Financial year 2022-23 were seen to have numerous changes of some which were new additions such as that “India launching Digital currency” to that introducing the concept of “updated return”. The following article discusses the Finance Bill’22 and the changes in its various provisions focusing on corporate taxation.

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State Election Commission: All You Need To Know

Legal Articles / legalupanishad

The Election Commission in India is a permanent body and it is independent as established by the Constitution of India. The Election Commission was established with the aim of ensuring free and fair elections at the State or Central level. State Election Commission is a body of the Election Commission which ensures election at the State level. The composition of the Election commission is described under Article 324 of the Constitution of India. Article 324 of the Indian Constitution says that Parliament, State Legislatures, President, and Vice President is having the power to supervise and took control of the Election Commission and they were also having the power to give direction to the Election Commission. Election Commission is an all-India body and its common to both the Central Government and State Government. This article attempts to explain the concept and laws governing the State election commission in India.

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Section 41 of the Transfer of Property Act: Ostensible Owner

Legal Articles / legalupanishad

Section 41 of the Act, of 1882 protects the transferee from the Ostensible owner. The ostensible owner is the one who is not actually the real owner but in the eye of the public ostensible owner is the real owner. The real owner is the one who had given the consent either expressed or implied to the ostensible owner with regard to the ownership in the eye of the public. The ostensible owner has all the power and can sell the property to the bonafide purchaser for consideration and the real owner can not sue the ostensible owner on the ground that he is not the real owner of the immovable property. In the transaction made by the ostensible owner, it is required that it is made to a bonafide purchaser and the purchaser is required to make sure that the transferor is having the power to transfer the immovable property to the purchaser. In Partnership Act, 1932 Doctrine of Holding Out is discussed under section 28 of the Act. The Benami Transaction Act of 1988 has introduced some modifications in the law of section 41 of the Transfer of Property Act, of 1882.

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Workplace Sexual Harassment and Bullying Laws in Australia

Legal Articles / legalupanishad

The Australian government has significantly failed to curb the sexual harassment cases faced by employees in their work environment. The cases reached a crescendo in 2020 when it was discovered that every 1 in 3 public servants was sexually harassed in Australia. (Karp, 2021) According to the commonwealth of Australia constitution 1901, any unwelcome advances physical or vocal fall in the category of sexual harassment. Even a working environment which sexually premeditated or hostile in nature also amounts to sexual harassment. In harassment related to the workplace, the employers will be vicariously liable for the complaints until they can prove that they took all the reasonable steps. Workplaces along with education were one of the first places recognized by legislators as a place of sexual misconduct which needed protection. This article attempts to explain the concept of sexual harassment and bullying in the workplace and the laws regulating the same in Australia.

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Breach of Contract in Australian Laws: All You Need to Know

Legal Articles / legalupanishad

The contract refers to a set of promises from two or more parties that is legally binding. Every country has laws and statutes governing the requirement for a legally enforceable contract also called a valid contract. For the sake of protecting the interests of all the parties involved in a contract countries lay down a set of laws to provide the same, these laws are called the laws of the contract. In this article, we will examine the concept and laws regulating the breach of contract in Australia.

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December 2022