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DInteresting how a simple request for an employment agreement was met not with clarity, but with an immediate leap into theatrics about LinkedIn profiles and license numbers. That level of deflection would be impressive, if it weren’t so transparent.
If your argument had any weight, you wouldn’t need to hide behind faux-legal outrage. But by all means, continue posturing. I’ll be here, still waiting for the document that could’ve ended this conversation five replies ago.
Until then, your energy might be better spent brushing up on the actual provisions of the Advocates Act, starting with the part where it doesn’t criminalize asking questions you are clearly uncomfortable answering.
In the meantime, I’ll just wait here with the original question which by the way is still unanswered, by the way.
No rush. I’m sure the theatrics are far more important than, you know, facts.
DAh, the irony. First, you mock me for using chatgpt, as if logic becomes invalid when written in proper English. And then, in the same breath, you glorify a “laudable advocate” and a “signed contract,” which, incidentally, is exactly what I was pointing out.Tell me, is it the content that bothers you, or the fact that it sounds more coherent than whatever you’re trying to pass off as an argument? Maybe next time, coordinate your contradictions before launching into your ultra-expert level keyboard outrage. At least try harder—consistency would be a good place to start.
DInstead of throwing such juvenile tantrums, why don’t you share the employment agreement that was signed with your employee?
After which you will also get to know whether I’m an advocate or not.
As far as the chatgpt responses are concerned, let’s see what the judicial authorities and the folks on linkedin have to say about it.
I promise that I won’t take any sides.DDrafting just doesn’t cut the deal, you freeloading imbecile prick. The offer has to be made, and accepted by both the parties in a complete legal capacity and signed.
Without which the laws for unjust enrichment apply.DIt is the legal and ethical responsibility of an employer to uphold the rights and entitlements of its employees as per the terms laid out in the employment contract and prevailing labor laws in India.If an employee is entitled to bereavement leave, it is well within their legal rights to avail it. Further, any additional leave taken from the employee’s accrued leave balance also remains within the scope of lawful entitlement. Arbitrary objections or punitive actions taken against the employee in such cases amount to a breach of contract.
Wrongful withholding of salary and subjecting an employee to mental harassment constitute serious violations under the *Industrial Employment (Standing Orders) Act*, *Payment of Wages Act*, *Law of Torts* and relevant provisions of the *Bharatiya Nyaya Sanhita (BNS), 2023* pertaining to unlawful restraint, coercion, and mental cruelty. The employee reserves full right to initiate legal proceedings against the organization for such unlawful conduct and may seek monetary compensation for damages and distress caused.
It must be reiterated that an employee is not the personal property of the organisation. Any attempt to treat them as such or impose exploitative conditions not agreed upon contractually may attract judicial scrutiny.
Should this matter escalate, a thorough legal investigation may be pursued, including but not limited to the background of the company, compliance with employment laws, treatment of past and present employees, and the conduct of its promoters. If found in violation, the organisation may be liable for penalties, compensatory damages, and reputational harm.
This serves as a formal caution and a reminder that all actions must align with the applicable laws of the Republic of India.
DThe prosecution must accept the violations by the aggrieved party on the scooter but also stress on the fact that these violations do not deserve them to be mowed down by the over speeding, ruthless and insensitive perpetrator.The prosecutor must insist on a drug test and also should highlight the perpetrator’s behaviour after the incident which showed absolutely no remorse or guilt and rather a sense of pride that he managed to take people down.
The prosecutor must also insist on issuing an order for conducting Narco Analysis + Polygraph Test coupled with Brain Mapping to understand the perpetrator’s psychology and his intentions to gain effective clarity.
DUnless otherwise you get the Sale Deed made yourself with the help of an advocate and stack up the odds heavily in your favour by adding indemnity, penalty and recovery matching the property damage and recovery of the interest paid by you in the delayed time span till the possession clauses against the developer along with various other things and ask him to sign it.If he refuses to forge a contract which most likely he would, then it’s a massive red flag.
DIt seems like the developer is facing a cash crunch and looking to make up for it.There are several ways you’d get duped if you end up registering way too much earlier than getting the possession.
Best thing to do would be, ek haath lain, ek haath dain. Maal dekhe bina khareedne ka koi matlab nahi banta bhidu!
DThe prosecution if cares to get the better out of this then they can point out things like,
1. The lane in which the scooter was being driven was not a fast lane.2. Let’s just agree according to the perpetrator that the car’s speed was 50kmph, but the limits at most of the fast lanes in the country is 60kmph and such roads are usually the highways.
3. The behaviour of the perpetrator as clearly visible in the video, shows no absolutely no remorse and was rather elated coupled with rejoicement after realising what he had done.
4. Insist on Sec 105 of BNS (Culpable Homicide) as speeding on a road where the speed limit is not as high as 50kmph might hurt someone, and should be tried with it. If possible this should be coupled with Sec 110 of BNS.
5. Seek for relief for the damages done.
6. Cancellation of driver’s licence for lifetime of the perpetrator.
7. Imprisonment for the perpetrator to set an example given the rise in such cases of reckless driving.
DSection 106 of the BNS – Causing death by rash or negligent act. The defence lawyers will try will try their best to have the perpetrator be charged with this as this offers protracted trial and also for settlement. In case the perpetrator gets imprisoned (which is upto 5 years), he still can be out in a couple of months thanks to good behaviour or his essay writing skills.The prosecutor, whoever he is, might attempt to press the charge of section 110 of BNS for Culpable homicide, then the prison sentence is upto 7 years, but he might get bribed by the defence and compromise.
As far as rash driving and over-speeding is concerned, the imprisonment is max upto 6 months and can be avoided by paying penalties too.
The perpetrator has already claimed to the press that he was not under the influence of alcohol, and the speed at which he was driving was less than 50 kmph. Chances are also very high that the victim who was riding the scooter will get charged for negligence, violating rules like not wearing the helmet, tripling etc. which will shift the burden of irresponsibility on them as well.
Unfortunately, the perpetrator will be out and about in a couple of months from all these hassles and will be able to continue his miserable life.
Sad thing for the victims is that they have to cope the loss of their loved ones, live with regret and bear injuries for the rest of their lives.
Best bet for the victims would be to settle a matter for few lacs which I believe the perpetrator’s advocates would advice against as they’d try to pocket that amount instead of paying it to the victims.
