kanchan khatana and Associates: Best Property Lawyer

Showing posts with label Best Property Lawyer. Show all posts

Monday, September 12, 2022

Best Property Lawyer in Gurgaon - Kanchan Khatana and Associates

In India, real estate investing is regarded as a safe and secure investment, but it may also be extremely risky if you don’t understand the Indian property law, rules, and regulations. Property law in India is complicated by the fact that several state governments and the federal govt all have their own land and property laws. Due to insufficient documentation, property verification, payment transaction structure, and license documents, real estate transactions in India can be complicated. We are regarded as one of India’s leading real estate law firms.

We assist clients by examining property chain documentation, a property title deed, calculating risk factors, checking litigation issues, and property registration services at sub-registrar offices. Our experienced lawyers are experts in drafting a variety of legal documents, including builder-buyer agreements,, sale deeds, general and special powers of attorney, lease deeds, and other contract-related forms.

Our office’s experienced lawyers provide comprehensive legal services for property matters. Our Lawyers resolve issues such as illegitimate possession, ancestral property settlement, siblings’ property disputes, harassment by builders, and family disputes over common property, land, and farms.

Our knowledgeable Real Estate Lawyers can help you with harassment cases involving brokers, property agents, landlords, and tenants.

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Thursday, August 4, 2022

Contract Labour Act 1970 - Kanchan Khatana & Associates

Contract Labour Act

Are Contract Labourers Direct Employees: Supreme Court Lens

The Supreme Court defined the phrase "Exercise of control and supervision" in International Airport Authority of India v. International Air Cargo Workers' Union ((2009) 13 SCC 374). According to the court, "If the contract is for the supply of labour, necessarily, the labour supplied by the contractor will work under the orders, supervision, and control of the principal employer, but that would not make the worker a direct employee of the principal employer, if:

(i) the salary is paid by a contractor;

(ii) the right to regulate the employment is with the contractor, and

(iii) the ultimate supervision and control lie with the contractor.

When contract labour is given to him, the principal employer is the only one who oversees and directs the job that is to be done by that labour. But whether the employee is to be assigned/allocated to the principal employer or used in another manner is up to the contractor in their capacity as the employer. In other words, because the worker is an employee of the contractor, the contractor has the last say over where, for how long, and under what circumstances the employee will work. The worker is only under the principal employer's supervision and control when the contractor assigns or dispatches them to work for them; otherwise, it is a secondary control. The contractor has the main control.

Call for action: If you deploy contractors. You must have robust internal guidelines and processes that ensure compliance with the regulation, regular audits, Risk assessments and mitigation to avoid any claims and disputes.

Monday, August 1, 2022

What is Domestic Enquiry - Kanchan Khatana & Associates

Understand Domestic Enquiry due process in India to reduce Litigation Risks and be fair.

Domestic Enquiry

A company investigation to identify facts and data about a situation in which an employer has accused an employee of misconduct. Typically, a domestic investigation follows a 'show cause' letter, which is sent to the worker asking for an explanation for the alleged misconduct. The employer will move to a more formal domestic inquiry if the reply is not satisfactory.

We understand that the term domestic enquiry is mainly used to refer to an enquiry into an employee’s charges of indiscipline and misconduct, based on the above description of domestic enquiry. Domestic enquiry means departmental inquiry or domestic tribunal in common parlance. The matter is decided by administrative officers in such investigations and not by the courts of law. It is common for disciplinary authorities in a department or in industry to appoint an officer or officers in cases of alleged indiscipline to investigate the allegations against an employee. These inquiries are generally referred to as 'Domestic Enquiries'. At times it is in the best interest to engage an outside firm to ensure no biasness and adoption of the full procedure.

Domestic inquiries should be conducted as quickly as possible following allegations of wrongdoing, and all activities should be formalized and fully documented. Legally, it is important that the investigation be carried out objectively. For example, the investigating officers should be unrelated to the incident, and the employee should be given full opportunity to present their own case and present evidence in their favour. Mostly during the process, representatives of the Union or co-workers should be allowed to sit in if the employer requests their presence, although the employee cannot insist on access to a lawyer.

Notice that the domestic inquiry is simply an exercise in obtaining facts, i.e., the jury charged with collecting the evidence does not make conclusions about guilt or punishment. The final report is sent to the parties involved, mostly senior officials, who then decide on the required course of action.

PRINCIPLES OF DOMESTIC ENQUIRY

1. Rule of Natural Justice must be observed.

2. The delinquent is entitled to a just hearing.

3. He can call for his own evidence.

4. Cross-examine any witness called by the prosecution.

5. Where rules are laid down, the procedure of such rules must be followed.

6. Disclose to the employee concerned, the documents of records and offer him an opportunity to deal with it.

7. Do not examine any witness in the absence of the employee.

8. The enquiry officer is at liberty to disallow any evidence after recording the reasons in writing.

A disciplinary hearing held by an employer to decide if an employee is guilty of wrongdoing is a domestic investigation. A domestic inquiry is meant to uncover the facts of the accusations made against the worker.

The Industrial Court, in the course of adjudicating whether a dismissal is without just cause or excuse within the context of Section 20 of the Industrial Relations Act 1967, does not merely examine whether there were proper grounds for the employer to terminate the services of the employee but also examines whether the process by which the employee was terminated was fair or unfair.

In taking administrative action against an employee, this element of "procedural fairness" can also be a key consideration in determining if the Court would enforce the dismissal.

Accordingly, it is important to understand that upholding a dismissal in the Industrial Court requires meeting two criteria:

(a) That there were fair reasons for the firing of the worker;

(b) That the process used to fire the employee was fair.

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Friday, July 22, 2022

Best Property Lawyer in Gurgaon

Property purchasing can regularly be chaotic! While a few nations have rearranged the method of purchasing property, including the validation of possession archives by the legislature. In the Indian setting, the way toward recognizing the correct property is laden with a few dangers, legitimate and administrative hurdles. Buyers are regularly helpless before representatives or developers and roused to decide, by the guarantee of exponential returns or overpowering offers. Anyway enticing and rewarding the prospect may show up, a buyer should know about the accompanying fundamental authoritative archives.

Utilize this convenient manual for assistance you explore the land traps you may experience while purchasing a home.

Inhabitance Certificate

An inhabitance testament or culmination authentication is given by the city organization after the development of a structure affirming that it was built by an endorsed arrangement and that it is in an appropriate condition for inhabitance. This shows the designer/past proprietor/dealer has developed the structure as far as the authorized format designs and has likewise followed different other structure standards and commitments.

The designer is in charge of acquiring inhabitance authentication and is issued just once the structure has been finished in all regards and is prepared to be involved.

Bills and Receipts

Most recent Property Tax charges, Electricity charges, support charges together with the paid receipts ought to be checked, since the equivalent explains about the back payments, assuming any, in connection to the subject property. It holds that the past proprietor or occupier has made good on all the regulatory obligations. They likewise build up the legitimate status of the property and accordingly fill in as a significant record of evidence. While purchasing a property, it is smarter to decide in favor of alert by looking for direction from a lawful counselor or property advisor. With legitimate lawful exhortation, examination of archives and check of significant data relating to the property, the purchaser can guarantee that the venture brings genuine feelings of serenity and a suspicion that all is well and good.

WhatsApp: +91-9958484845

Address: Level 3, Augusta Point, Golf Course Rd, Parasnath Exotica, DLF Phase 5, Sector 53, Gurugram, Haryana 122002

Email: contact@kanchankhatanaandassociates.com

Phone: +91-9958484845

Website: Kanchan Khatana and Associates

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HR policies

IMPORTANT CHECKLIST FOR PROCESS OF DOMESTIC INQUIRIES OR HR INVESTIGATIONS

Charge-sheet:

A charge-sheet can be prepared on the grounds of the charges raised where a prima facie case has been formed and the crime is very serious. It should be in writing, describing the assault charges. The time during which the workmen charge-sheeted should apply their description should also be suggested.

Suspension :

Where the shut-out of the charge-sheeted workman is required in the interest of discipline, the employee should be suspended. For the time of suspension, if so given in the standing orders, he is to get salaries.

Charge-sheet operation

In the presence of a witness, if the workman is present, the charge sheet should be turned over to him after describing the contents of it in a language familiar to him.

If the accused worker is missing or refuses to sign the charge-sheet, it should be sent to his last address with due acknowledgment under a registered post.

Explanation

The explanation given by the worker within the given time has to be considered.

Notice of enquiry

If the response is considered to be unsatisfactory, the worker must be provided with a note providing the time, location and date of the enquiry together with the name of the enquiry officer.

Enquiry

At the appointed time, in the presence of the charge-sheeted workman, the enquiry officer will begin on the appointed date and location.

The enquiry officer should explain the charge-sheet to the employee at the outset of the enquiry. The enquiry could be preceded whether the charge-sheeted workman pleads innocence. If he pleads guilty in writing, the

Fact-findings

The enquiry officer is expected to send his reports to the body approved to take corrective measures following conclusion of the enquiry. He should state the charges as well as the reasons given to them in his study. With its conclusions, the investigation officer does not suggest any penalty.

Decision

The management team, such as the works manager or director, shall consider the findings for taking corrective measures and, if it acknowledges the findings of wrongdoing, in compliance with the standing orders, should inflict effective punishment.

Service of the order

The charge-sheeted workman should be provided with some order of penalty and this concludes the domestic enquiry process.

WhatsApp: +91-9958484845

Address: Level 3, Augusta Point, Golf Course Rd, Parasnath Exotica, DLF Phase 5, Sector 53, Gurugram, Haryana 122002

Email: contact@kanchankhatanaandassociates.com

Phone: +91-9958484845

Website: Kanchan Khatana and Associates

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