SHB LEGAL Services

04/12/2020

23/03/2020

LEGAL SERVICE

23/03/2020

Divorce by Mutual Consent:
Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.
You need to file in the family court of the city / district where both the partners lived together for the last time, which was their matrimonial home.You need to file a petition for mutual consent divorce in family court. After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months. This cooling period can be waived off based on the reasons for urgency.
After six months the parties have to present themselves again in the court for making a second motion confirming the mutual consent filed earlier. It is only after this second motion that a decree of the divorce is granted by the court.

03/01/2019

The news came to light on November 6, 2017, when a transgender filed a case regarding not landing a job because of belonging to the third gender. The Supreme Court on Monday issued a notice to Air India and the Civil Aviation service on a request of a transgender who said she was denied a cabin crew job by the bearer on account of her identity as a transgender. The Chief Justice of India Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud issued the notice on her request looking for a heading to think of her as candidature for the activity.
The applicant who graduated in 2000 said she had undergone a surgery in Bangkok after a culmination of studies and turned into a woman in April 2014. Despite the fact that she got a call letter and fared well in the tests, she was not shortlisted for the job. The solicitor referred to the April 2014 Supreme Court judgment in the National Legal Services Authority versus the Union of India case wherein the court had perceived the third gender as being equal.

12/12/2018

The legitimacy of Aadhaar Act to be heard by the Supreme Court
Mathew Thomas from Karnataka moved to the best court for verifying the established legitimacy of the Aadhaar Act guaranteeing that it encroaches upon the Right to Privacy and that the biometric instrument was not working legitimately. A seat headed by Chief Justice Dipak Misra, On October 30 had said that a Constitution seat would be constituted and Aadhaar-related issues would come up for hearing before it in the most recent seven day stretch of November. As of late, a nine-judge constitution seat of the summit court had held that Right to Privacy was a Fundamental Right under the Constitution. A few solicitors testing the legitimacy of Aadhaar had asserted it damaged security rights. The seat, be that as it may, said that the solicitors can raise this issue under the steady gaze of the court which would hear all Aadhaar-related issues in November.

Legitimacy of Aadhaar Act to be heard by Supreme Court
Mathew Thomas from Karnataka moved to the best court for verifying the established legitimacy of the Aadhaar Act guaranteeing that it encroaches upon the Right to Privacy and that the biometric instrument was not working legitimately. A seat headed by Chief Justice Dipak Misra, On October 30 had said that a Constitution seat would be constituted and Aadhaar-related issues would come up for hearing before it in the most recent seven day stretch of November. As of late, a nine-judge constitution seat of the summit court had held that Right to Privacy was a Fundamental Right under the Constitution. A few solicitors testing the legitimacy of Aadhaar had asserted it damaged security rights. The seat, be that as it may, said that the solicitors can raise this issue under the steady gaze of the court which would hear all Aadhaar-related issues in November.

30/11/2018

At last, the employees have something to pay attention to as the Union Cabinet has given its approval to the introduction of the Payment of Gratuity (Amendment) Bill, 2017 making amendments to Payment of Gratuity Act, 1972. The Amendment leads to the appraisal in the maximum gratuity limit of PSU (Private Sector Undertakings) and Autonomous Organizations under Government. The employees of the private sector are also included, who are uncovered under the Central Civil Services (Pension) Rules, 1972.
The parent act of 1972, plays an important role as a social security legislation for the workforce earning wages by working in the industries, factories and establishments. Its enactment provided the secured work environment with the assured retirement benefits to the permanent employees, even if that retirement is an outcome of any sort of physical disablement or impairment of vital body part.

29/11/2018

The approval of the introduction of Dentists (Amendment) Bill, 2017 by the union cabinet in 2017 subject to the amendment in the Dentists Act, 1948 so that the redundancy can be reduced with the help of certain modifications.
It basically deals with the introduction of certain provisions for the Membership of Dental Council of India under clause (f) of section 3 of a parent.
Further, it required electoral membership of 4 to 2 members from Part B into the State/Joint State Dental Councils. Whereas the recent provision lost its relevance as in order to reduce the redundancy, provisions like these do not exist anymore allowing the representation as a choice but not a mandatory action anymore.

28/11/2018

Wages through cheques or by the means of crediting the accounts of workers by employers is now possible as during the month of February, the Payment of Wages (Amendment) Bill, 2017 by the legislation as the replacement of the Ordinance promulgated by the President in December 2016.
In the earlier scenario, the parent act provided the given mode of wage payments by the employer to the worker with the requirement of written authorization. Now THE ACT permits the employer to by the following means and that too without any written authorization
1. cheque
2. Crediting them Into the worker’s bank account
3. in the form of coins or currency notes
Apparently, the act aims at improving the need for obtaining the written authorization for the payment of wages in prior.
The amendment is the result of the aftermath of the demonetization policy due to which the employers had to face the cash crunch and facing difficulty in paying in cash to their workers.

27/11/2018

In the month of August, the voice vote at Lok Sabha has also passed the Banking Regulation (Amendment) Bill, 2017 replacing the Banking Regulation (Amendment) Ordinance, 2017. The amendment aims to insert some provision to the Banking Regulation Act, 1949 which was Provisions for handling stressed assets cases Provisions for handling non-performing assets of banks.
The bill has initiated the insolvency proceedings enabling the Central government to authorize the Reserve Bank of India (RBI) so that it can further guide the banking companies to resolve the above-mentioned cases under the Code of insolvency and bankruptcy, 2016. It has further empowered RBI to issue directions to banks regarding resolutions of stressed assets timely.