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ड्राइविंग करते समय मोबाइल फोन का उपयोग करने वाले ड्राइवरों का लाइसेंस रद्द करें: राजस्थान हाईकोर्ट

राजस्थान उच्च न्यायालय ने शुक्रवार को  अतिरिक्त पुलिस आयुक्त-यातायात, जोधपुर को निर्देश दिया है कि ड्राइविंग करते समय अपने मोबाइल फोन का उपयोग करने वाले ड्राइवरों का लाइसेंस रद्द किया जाए।

न्यायमूर्ति गोपाल कृष्ण व्यास और न्यायमूर्ति रामचंद्र सिंह झाला की बेंच ने एडिशनल एडवोकेट जनरल  राजेश पंवार द्वारा  सूचित किए जाने के बाद ये दिशा निर्देश जारी किए कि ड्राइविंग करते समय कई ड्राइवर मोबाइल फोन का इस्तेमाल कर रहे थे।hindhope - court-order

Legal Provisions regarding Freelance Agreements

Who is a Freelancer?

When we hear the term “Freelance”, we may interpret from the word ‘free’ that the person contributes his service free of cost and without any consideration. But this is certainly not the case, a freelancer refers to a person who is self- employed and is not devoted or committed to a particular employer at a particular term. But there are also many variations regarding the same. The term freelancer is often used as a synonym for the “Independent Contractor”.

There can be many areas, where the Freelancer can specialize which include the following: Content Writing, Music, Journalism, App Design, Web Design etc.

What clauses can be applied to the Freelance Agreements?

In India all the contracts and agreements are governed by the Indian Contract Act, 1872. The term “agreement” is defined under Section 2(e) as the promise or a set of promises which includes the consideration for each other. When this agreement becomes enforceable by law, it becomes a contract as per the Section 2(h).The clauses in this agreement is as follows:

  1. Basics

This usually includes the personal information such as

  • Name of the parties
  • Address of the parties
  • Name of the Organizations
  1. Agreement’s Scope

In this particular, the tasks of both the parties are mentioned, that is the consideration for the agreement. The term “consideration” is defined under the Section 2(d) of the ICA, 1872.

  1. The amount of payment and collection procedure

It is very essential for every agreement that the financial statements should be clearly stated. There should be no confusion regarding the consideration in the minds of the parties. It should be clearly stated that whether the freelancer is to be paid on hour basis, work basis, or in any other form.

The form of money that would be paid should also be decided prior to the agreement. For the protection of the companies, one thing must be noted to insert the Cancellation clause in the agreement, which states that if the freelancer backs out before the termination period and the task is accomplished, then the contract will stand as nullified and void.

  1. Term (Duration)

The agreement of license is for a particular term. So the agreement must specify the termination and commencement date.

  1. Termination

Every agreement must contain a termination clause that may vary as per the different agreements. It should specify the obligations that must be fulfilled by the licensee before the termination like making of payments etc.

  1. Deadlines

One thing should be made sure and included in the contract: the deadline that is the date for the submission of the task given.

  1. Jurisdiction and Dispute Resolution

Jurisdiction depends on the nationality of both the parties to an agreement as the parties can be Indian and can also be a Foreign Party. The jurisdiction varies from the courts of India to the courts of other countries.

For dispute resolution, the parties should apply their best of efforts to solve the dispute through co-operation and consultation.

  1. Timing of payment and If the fees is paid late

The above can be a clause in order to protect the interest of the Freelancers who in many circumstances can be exploited by the terms of work of the company. So the date of payment of fees should be exclusively mentioned along with the interest or fines that can be levied on the same for late payments

      9. Clause of Confidentiality

The information that is provided during the tenure of working as a freelancer should not be disclosed to any third party because of the sensitivity of that information.

  1. Privity

This clause brings out the relationship between freelancer and the employer company. It spells out that freelancer has been hired as an Independent Contractor. This implies that neither is responsible and liable for the acts of the other party.

In addition to the above, there are some Boiler-Plate Clauses, which refer to the standard clauses that are present in every Standard Form of Contract which are as follows:

  • Waiver- If the party by intention or by oversight fails to enforce its contractual rights, then it will not result in waiver of the breach of that right or remedy.
  • Severability-This clause states that if any part of the contract is found to be illegal and unenforceable, then it will not affect the remaining contract, the remainder contract will be applicable in all circumstances.
  • Notices- It mentions the handling, payments of notice that are to be made and received.
  • Modifications- Specifies the form of amendments of the agreements, whether oral or written.

Conclusion

Companies nowadays because of the changing trends are entering into freelance agreements as they contribute more to the growth by bringing fresh talent and skill rather than employing permanent employees. The Principle of Payment on Work basis has proved to be very much beneficial for the companies, both performance wise and economically which can be applied to the FREELANCERS!

HOW TO FILE A CASE IN CONSUMER COURT INDIA

Consumer Court:  

As consumers many of us would have to been unhappy about the services we hire or products we buy at one stage or the other. Our complaints against the deficiency of the products and services may not have been satisfactorily handled by the company leaving us frustrated. In such cases you can escalate your problems to consumer court and make the company pay for ignoring your complaints.

Why Consumer Court: 

As consumers many of us would have to been unhappy about the services we hire or products we buy at one stage or the other. Our complaints against the deficiency of the products and services may not have been satisfactorily handled by the company leaving us frustrated. In such cases you can escalate your problems to consumer court and make the company pay for ignoring your complaints.

Where to file:

 This depends on the value of goods and compensation that is under question. You will have to approach district consumer court if the value of the goods and compensation is under Rs.200000. If the value should exceed Rs. 200000 but less than Rs. 10,000,000 then you should approach the respective State Consumer Redressal Forum. For products and services that exceed Rs. 10,000,000, your case should be filed in the National Dispute Commission.

How to file: 

You can choose to file a petition in person or through registered post or through an authorized agent.
You should file your case within 2 years from the date of deficiency.
Before filing your case, you should have all the information ready. All the facts and supporting document should be presented to the respective court. Without the necessary documents and evidence, you will not be able to proceed with your case. Make sure that you keep a copy of all the documents that you submit to the respective forum.
You must also send a notice to the company or business against which you are filing the case.
There is a nominal fee for filing the case depending on the value of the goods and claim. You must find the latest fee structure as it will be revised periodically. You must get a demand draft or Indian postal order for the respective value.
It is important that you file your case under the right jurisdiction area. The area of jurisdiction is determined by the fact where the cause of the deficiency originated. This also depends on the location of the business or company against which you are filing the case.
You can get the application form for filing your case in the appropriate forum. Many people hesitate to file their consumer right cases fearing that they will have to spend a lot of time and money.
If you think that your consumer rights are infringed by a company or business, you must take them to task by filing your case in the right forum.
You must first approach the service provider before you file your case. Only when they do not satisfactorily address your problems within a reasonable time, you should go to the consumer forums.
You should not directly approach the consumer court without bringing the issues to the notice of your service provider.

Cabinet Approves the Commercial Courts, Commercial Division and Commercial Division of High Court (Amendment) Bill 2018

The Union Cabinet chaired by Prime Minister Shri Narendra Modi has approved the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Bill, 2018 for introduction in the Parliament.
The Bill seeks to achieve the following objectives

The Bill brings down the specified value of a commercial dispute to 3 Lakhs from the present one Crore Therefore, commercial disputes of a reasonable value can be decided by commercial courts. This would bring down the time taken (presently 1445 days) in resolution of commercial disputes of lesser value and thus further improve India’s ranking in the Ease of Doing Business
The amendment provides for establishment of Commercial Courts at district Judge level for the territories over which respective High Courts have ordinary original civil jurisdiction i.e in the cities of Chennai, Delhi, Kolkata, Mumbai and State of Himachal Pradesh. The State Governments, in such territories may by notification specify such pecuniary value of commercial disputes to be adjudicated at the district level, which shall ‘not be less than three lakhs rupees and not more than the pecuniary jurisdiction of the district court. In the jurisdiction of High Courts other than those exercising ordinary original jurisdiction a forum of Appeal in commercial dispute decided by commercial courts below the level of District judge is being provided, in the form of Commercial Appellate Courts to be at district judge level.
The introduction of the Pre-Institution Mediation process in cases where no urgent, interim relief is contemplated will provide an opportunity to the parties to resolve the commercial disputes outside the ambit of the courts through the authorities constituted under the Legal Services Authorities Act, 1987.will also help in reinforcing investor’s confidence in the resolution of commercial disputes.
Insertion of new section of 21A which enables the Central Government to make rules and procedures for PIM.
To give prospective effect to the amendment so as not to disturb the authority of the judicial forum presently adjudicating the commercial disputes as per the extant provisions of the Act.

With the rapid economic development there has been considerable increase in commercial activities and consequent steep rise in number of commercial disputes at domestic and international level. Increase of Foreign Direct Investment (FDI) and overseas commercial transactions have further contributed to a significant increase of commercial disputes. With a view to address the issue faster resolution of matters relating to commercial disputes and to create a positive image particularly among the foreign investors about the independent and responsive Indian legal system, the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 was enacted and commercial courts were established at District Levels in all jurisdictions, except in the territories over which the High Courts have original ordinary civil jurisdiction.

These five High Courts i.e. the High Courts of Bombay, Delhi, Calcutta, Madras and of Himachal Pradesh, exercise ordinary original civil jurisdiction in regard to territories of cities of Mumbai, Delhi, Kolkata, Chennai and the territory of the State of Himachal Pradesh respectively. In such territories of these High Courts as per proviso to sub-section (1) of section 3 there are no commercial courts at district level and instead Commercial Divisions have been constituted in each of these High Courts The specified value of such commercial disputes to be adjudicated by the Commercial Courts or the Commercial Division of High Court, as the case may be is presently Rs. one Crore. Ease of Doing Business is an index of World Bank which inter alia refers to the dispute resolution environment in a country which facilitates the investors in deciding for setting up of and operation of a business.