I'm a lawyer; AMA.
As the title suggests, I'm a lawyer and good at what I do. Haven't got anything better to do, so AMA. Very happy to assist startups and young businesses as well!
What are some lesser known Indian laws that are actually useful in day to day scenario ?
This is very very open ended, I could perhaps give you a lot of tips in general, but one useful thing to know would be, in Common Civil Law (basically civil law ie non criminal law) "jaisa chal raha hai, waisa chalne do" is sort of a legal principle, so if something has been allowed to go on for a set number of years (different time for different things) it has to be continue.
For example - If you've ever been to old Delhi, or in certain rural or old establishments, there are certain path ways that literally go right through the middle of private property. Today, the owner's of the private property can't shut down the pathways.
Another example would be, say you've lived in your house for 20 years and your terrace has always been flooded with sunlight, now your neighbour can't suddenly decide to reconstruct his house or add another floor on top of the house in a way that prevents sunlight from falling on to your roof the same exact way. They're called easementary rights.
If you've lived in a property rent free for 12 years, you can't suddenly be asked to pay rent and can lay legal claim of ownership under Adverse Possession.
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Fine then, keep your secrets ;)
Another question: Do companies consult their lawyers before threatening people that they'll take legal action against them?
I have seen non-tech folks representing their orgs threatening to take legal action if X doesn't fix or implement a feature in a FOSS project ASAP. Sounds dumb right? We usually laugh it off but I'm curious what happens at the orgs end to say stuff like that.
Like are in-house legal teams an afterthought? Let's fuck around & find out, then consult legal if we land in trouble?
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What is the common opinion of legal community on AI taking over their jobs?
Drafting, Consultation and stuff
Any decline in business?
I'm not sure what my fellow lawyers would say about this, but I'd say it's the same as graduating from looking up cases and precedent in huge books to Googling case laws. Did it lead to a decline in the number of researchers?
I don't think AI is a threat to the legal community at all. There are a lot of subjective complexities that go into even the simplest of cases. For example, suppose Nestlé Chocolates was to ask AI what would be the best taxation strategy for them, AI would tell them to cook their books a certain way or avail rebates under schemes, but, I believe only a human would be able to come up with a strategy of filing taxes as a waffer biscuit, instead of a chocolate
90% of a lawyer's job is to understand the crux of the matter on their own, something which AI can't do, it relies on you to feed it all the information and trust me, no client can articulate every variable that well.
I think AI does make for a good paralegal, you can have simple basic drafts and it can be a good research tool, but that's it. If anything, if opens up more avenues for jobs! I'm technically a Web 3 lawyer!
I have this opinion about AI in general, they're not as advanced or as big a threat as we're thinking of them today
I don't think it'll be able to give you an adequate consultation or opinion on anything. Not just legal, but ask it's opinion on any subject you've got knowledge on, I don't think it'll give you an accurate solution
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Any legal law or worker or state employee code available , to not serve company 30 or 60 or 90 days notice period without payins & and now a days companies are deducting salary on day to day basis for work not done eg. - https://share.gvine.app/fJFCSi2yvPwHPz6a9
Toxic Remote Policy
On 4th para you may find content of salary deduction, any law's around that?
No law around that
No one can force you to serve notice periods and payins is something that really depends the language of your employment contract and the behaviour of your company. Most of such clauses have been held to be invalid in the past (including non competes etc)
The most a company can do is ask you to pay or work up to what they've spent on you (basically fulfill your training cost)
No law about tracking softwares either, the guy can take the issue to court
Sorry , missed out some points, like tag of absconding and not getting release/experience letter if notice period not served, only way i have know of is health emergency in this situation. Thanks for replying.
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never thought that I'll see a thread consisting 498A ... web3 and AI all together
😂😂😂😂😂
I'm so deeply passionate about criminal law, if my company's CEO commits murder, I would be super happy as a professional 😂😂😂😂😂
ProteinPancakes
Stealth
a year ago
How many companies actually take action against employees that:
- moonlight
- abscond
- join competitors (non compete)
And succeed?
Look, I hate to quote Ashneer Grover, but the legal costs of pursuing you in court for any of these things would be more than your salary
Companies usually opt for non legal methods of action against moonlighting - such as firing the employee
As for absconding, there isn't any law against it, the most they could sue you for would be any supposed cost of training you or spent in the anticipation of your hiring, but, again, it's an extremely difficult civil suit to pursue
Non competes are not valid in India, you have a fundamental right to free trade (with reasonable restrictions as imposed by the State)
Mostly, companies might just bad mouth you or refuse to issue you fnf or experience letter on time and harass you, which, technically, is grounds for you to sue them, but then again, cost benefit analysis
ProteinPancakes
Stealth
a year ago
Thanks for the response
What’s a cost effective way to draft terms and conditions, refund policy, privacy policy etc for your startup? I’m currently YOLO’ing it with ChatGPT.
Hit me up on TG! (Same username)
It really depends on the kind of business and jurisdiction. If you have a good understanding of what you need to comply with and how your T&C should be, by all means, use Chat GPT, but if you don't, as I mentioned in another comment, an AI software can not tell you what kind of clauses you need to comply with for PDPL or GDPR, etc
T&C, especially refund policies can act as a HUGE safeguard for your company, especially in a non - Indian scenario, so... DM, bro! I'm VERY cost efficient 😂
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Zincovit07
Stealth
a year ago
Can you join a competitor if your joining agreement has a non compete ?
Yes, absolutely, without a second thought
Non - competes are not valid in India, you have a fundamental right to free trade (with reasonable restrictions as imposed by the State)
Hey, I'm a 23y/o college grad running my first company. I am trying to figure out how to make airtight contracts with international clients which can be enforced legally incase of any issues.
Also taxes are so bad and legalities around everything is so complicated 😔
Find a friendly, young lawyer who understands exactly the situation you are in and has experience dealing with a lot of international clients. I know a great one, TG JadeArgent 😉
In all seriousness, in my field there are a lot of young people running businesses and neglect legalities that come to bite them in the ass, it's best to have a legal person to help along. This guy I work with says, first time founders always neglect legal and finance; second time founders make sure to allocate like 20% of the budget to legal and finance
It's actually all not that complicated, just have a word with a competent person! (emphasis TG JadeArgent)
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Is live-in same as marriage saw some news recently that govt will treat it same as marriage. Also how to tackle 498A if it’s put on you what’s the best way to prove that entire relationship was under consent? What are the proofs that i must keep so be safe
Live in relationships enjoy certain protections that marriage does including the child potentially inheriting property, the application of domestic violence act, etc.
However, two people in a live - in don't enjoy the same sanctity in marriage (as of now, but I see it evolving generally, internationally, it's called Common Law Marriage) like spousal privilege or being each other's legal heirs, agents, nominees, etc
As for 498A, that's a tricky one, any criminal proceeding depends highly on the facts and you need to tackle them accordingly.
Try and make sure your conversations over text include the girl explicitly consenting in multiple situations. If your relationship includes physical intimacy, try and discuss the various acts you're comfortable with over text. If she consents to oral sex but you go for anal (which she doesn't consent to) that's rape too. Keep communication open and flowing.
Look, as much as this scares men, the real possibility and statistics of women falsely accusing men is very very low. I'd really recommend to be with a woman who understands what casual relationships are, employ the same tactics a woman would to ascertain if the guy's a psycho.
A woman coming from a conservative family or environment may still enjoy the benefit of doubt, but the court has repeatedly held modern day dating and breakups can't be held to the same standard as rape or sexual offences.
So I need to maintain a conversation with the partner over texts that I have. Can I get some sort of legal document where the girl’s consent is written what she is entitled to if the relationship doesn’t lead to marriage.
Currently i’m dating someone I trust her she trusts me too and I think this might lead to marriage. But I like to be protected what document or anything that I can have with her so that we both are protected from any future inconveniences that might arise due to sourness if it happens.
The issue is I’m dating a fairly young model she plans to retire from her gigs in coming months and become a home-maker for our parents and help them in daily activities. Is there something that I can do to guard her future as well as both out parents?
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Just an addition to the post - Please don't construe any of it to be actual legal advice, when it comes to legalities many things can be super case specific. Use this thread for general information purposes only.
Been here quite a while now, but thank you for the warm welcome!
AliveYouth71
Stealth
a year ago
No
1. How old are you?
2. What's the best part of what you do?
3. Do you think corporate lawyers get paid a lot? Is that why you got into this?
1. I'm 24
2. Solving legal problems that completely baffle others and finding loopholes, the whole thing is just a huge power move and it's very intoxicating
3. Corporate lawyers can also be practicing, I know you're referring to in house counsels,Corporate lawyers get paid more than their litigation counterparts in the beginning of their careers. Once you've established yourself, though, you basically command your price. Mr. Jethmalani made crores even on the day of his death.
Practicing corporate lawyers also make more money because corporate law is more difficult to understand and requires a greater understanding of law rather than just arguing over facts.
Yes, money places a huge role in what I do. In India, the standard (excluding top law firms) pay for litigation or court lawyers is 30 - 40K for 4 - 5 years of experience, which is abysmal
I'm my experience so far, in litigation, people are okay paying less because 90% work is just grunt, slog work and doesn't require expertise, I may be wrong here and not to say I haven't made my share of excel sheets, but I just feel like in house values out of box thinking and just suits me more. I like the global exposure, having a diverse team to work with, etc
What are the ways salaried individuals can reduce the taxes in India? Apart from usual 80c, 80d, home loan. Any shortcuts that are legal for 30 percent tax slab?
You've already listed the one size fits all shortcuts, anything more than that would require a careful understanding of all your income streams and a sit down with your CA to see how we can work around your accounts to minimise your taxes
There isnt much multiple income stream other than salary.. My qn is "is it possible to lower tax by having consultation with a CA if some one is earning in 30% slab?" I had one consultation with one CA but not much suggestions.
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A leading cement plant has denied to give gratuity to one of my cousin stating moral turpitude citing section 4(6). He has been found guilty in the IC’s investigation but there has been procedural error and the evidence submitted is tampered. Can you tell what should he do to get the gratuity.
This is very very specific and I'll need more information on this to give you an accurate advice, but you got two options here, negotiate with the company or litigate
bruh7
Stealth
a year ago
Do you consult on employees getting duped by companies, or tax evasion scenarios etc?
Does trust fund work in India? I see US reels of trust funds where they talk about transferring your assets to trust funds and let you access it. So in case of divorce you don't have to share assets and in case of untimely death, can be given to beneficiaries?
Trust funds exist in India, and while you may be able to employ some covert tactics to hide your wealth, in Indian legal system you can't use such methods to escape your legal liabilities
So, if Hakimi was indian and after his divorce, went to court and said "But, judge, I own nothing, it's all my mom" the judge would laugh and say "Nice try, now give your wife the maintenance she's entitled to"
Due to join families and mostly shared properties, it's difficult to demarcate individual assets from family assets. Even if the house is in one person's name, or main income earner is another person, the concept of Hindu Undivided Family and shared family property comes into picture.
Its a little too complicated to explain over a simple message, but the crux of the matter is, in India, justice is given more importance. Also, just FYI, it's not just the wife that can ask for maintenance, but parents, kids and husband as well
Understood about maintenance but will assets be also divided? And what if I become an NRI? Can my assets in India be considered while settlement in foreign country (assume Canada) or vice versa?
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Chelokebab
Stealth
a year ago
How about a legal startup i have some good plan !!
Can I file a case for non payment of PLI after leaving the organisation.??
I'm sorry, when you say PLI, are you referring to Performance Linked Incentives? Or are you referring to the PLI Scheme?
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