Shivanshstar626

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  • in reply to: Employee is absconding on pretexr of death in the family #13811
    Shivanshstar626
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      Shivanshstar626
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      April 16, 2025 at 8:15 am
      Brother/sister/person – contracts work under the ambit of prevailing laws of the land.

      Like for example i can have a duly signed and notarized contract stating that any violence that occurs between us is mutual, consensual and agreed upon and we indemnify each other and hold the promise of not involving the cops and the government or any other third party within our dispute.
      Such a contract is invalid and unenforceable by law – even if both parties consent to it.

      Even if your employee is under such a contract doesn’t allow you to do illegal things like stopping salaries for the month he did actually work in.

      You need to terminate with cause as a termination without notice and without cause also invites certain regulation.

      What you will be violating is several laws – the industrial disputes act, payment of wages act, violation of article 21 and 23 of the constitution. In sure there was some other provisions I am missing at this point.

      in reply to: Employee is absconding on pretexr of death in the family #13800
      Shivanshstar626
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        Shivanshstar626
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        April 16, 2025 at 7:45 am
        How can you stop the salary for the previous month when he has performed his duties and showed up.
        You not paying for the days he showed up in April – makes a lot of sense and arguably legal (still gray area)

        You not paying for March is straight up illegal

        Yes you need to terminate him and clearly state there performance issues or attendance issues or professionalism issues – as termination without cause and without notice period also invites a penalty

        Shivanshstar626
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          Shivanshstar626
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          April 15, 2025 at 4:26 pm

          Shivanshstar626
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            Shivanshstar626
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            April 15, 2025 at 4:26 pm
            Brother read it again. The home owner is the aggressor against a home intruder wherein the home owner kills one intruder with a bow and arrow.

            Shivanshstar626
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              Shivanshstar626
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              April 15, 2025 at 3:47 pm
              Oh damn. That was a silly mistake lol.

              Will share some cases.

              Shivanshstar626
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                Shivanshstar626
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                April 15, 2025 at 2:42 pm
                Thankyou for such a sane response.

                Half of the comments is chatgpting shit.

                Shivanshstar626
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                  Shivanshstar626
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                  April 15, 2025 at 2:38 pm
                  https://indiankanoon.org/doc/1760226/

                  This was the first that popped up on my Google search

                  Shivanshstar626
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                    Shivanshstar626
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                    April 15, 2025 at 9:22 am
                    Happy cake day boss

                    So the legality of usage of pepper spray is not really as clear cut as your are saying.

                    In this case where the OP is getting stared at and he/she uses a pepper spray – op will be charged with using excessive force.

                    Pepper spray is legal but usage is still measured on a case to case basis.

                    You can Google and find out that people have been charged with using excessive force for using a pepper spray in a bus and in a metro. In both cases the woman claims harassment/inappropriate touch – this essentially gives her the permission to use the pepper spray – BUT since this is a constricted public area she ended up causing hurt to tens of people around her who had done her no harm.

                    The court argues that she should’ve raised an alarm or called The cisf folks at the next step or just shouted and grabbed attention to the perpetrators but instead of doing any of those “alternates” she ended up using pepper spray in a constricted area causing harm to people – this inviting excessive force allegations

                    Shivanshstar626
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                      Shivanshstar626
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                      April 15, 2025 at 8:41 am
                      Brother/sister you are delusional.

                      Please check case law. Just Google self defence cases in Delhi.

                      Shivanshstar626
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                        Shivanshstar626
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                        April 15, 2025 at 7:35 am
                        Wrong and incorrect.

                        Shivanshstar626
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                          Shivanshstar626
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                          April 15, 2025 at 7:35 am
                          Nope. You can’t shoot or stable them.
                          Please understand that laws in india don’t have the “stand my ground” rules as in the USA or specially Texas.
                          Here the basic principal of the law is that you can only and only use violence (in any form) upto a *reasonable* extent to save yourself or someone around you from imminent death or physical harm to the extent that you are kept safe.

                          For constant staring or even him passing sleazy comment – using a pepper spray may not be accepted as “reasonable”. The law expects you to change your position in the metro to save yourself.

                          You cannot be excessive in your violence.

                          If someone breaks into my home and I shoot him – i will certainly go to jail for murder. This is not a reasonable reaction.
                          The courts expects me to maybe hit him or incapacitate the intruder or much better let the intruder steal my shit and for me to run away.

                          Source – I have had run-ins with the law myself for both self-defence (someone threatened me), beating someone (he slapped my senior citizen father), and a few incidents of road rage.

                          in reply to: Friend used my myntra account, Now i have dues #14634
                          Shivanshstar626
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                            Shivanshstar626
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                            April 15, 2025 at 6:30 am
                            The only legal advice here is to pay and welcome to adulthood.
                            You are your own responsibility.

                            Pan card aate hi cibil fuck ho jaega aapka.

                            Shivanshstar626
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                              Shivanshstar626
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                              April 14, 2025 at 10:38 am
                              Not at all..it is fairly common.

                              Shivanshstar626
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                                Shivanshstar626
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                                April 14, 2025 at 10:37 am
                                There were a streak of posts on the personal finance, credit cards and legal advice threads last year abiut defaulting on payments and abscond and I kept telling people you can skip your debts like that – the banks will follow you and make criminal case against you and a civil suit for recovery and I kept getting down voted to oblivion.

                                Yup, you can fuck with you debts brother.

                                in reply to: Ex colleague threatens me with FIR #15877
                                Shivanshstar626
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                                  Shivanshstar626
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                                  April 13, 2025 at 11:01 am
                                  Brother/Sister you have more than enough to go file a police complaint yourself.

                                  Highly reccomend doing that.

                                  He has threatened you with ohysical violence, with abusive words, and is also threatening with fake police cases – what are you waiting for ?

                                  In an ideal world this wouldn’t have been an issue but practically yes he can file a police complaint or FIR against you.

                                Viewing 15 posts - 16 through 30 (of 137 total)