Legal Front
In furtherance of my Article on Impact of Covid-19 on Lease Deeds and Contracts published here on 1st May, 2020, do read what the Delhi High Court has decided on this as per the Case decided on 21st May, 2020 by it.
(P.S. Glad to see that the flow of the Article written and published by me then, is in line with the observations made in the said Judgment now)
Additionally, the Court also considers the following factors as necessary for determining the question as to whether the Tenants are entitled to any relief of suspension of rent:
i. Nature of the property:
ii. Financial and social status of the parties
iii. Amount of rent
iv. Other factors
v. Any contractual condition(s)
vi. Protection under any executive order(s)
Even in the worst case scenario, some postponement or relaxation in the schedule of payment can be granted owing to the lockdown by the Courts.
Post your email ID to get the Delhi High Court Judgement on your email. After reading my Article and the Judgment of the Honourable Delhi High Court on this issue, kindly let me know your views on my Article.
Thank You
Advocate Surbhi Oswal
LLM
Diploma in Human Rights
Certified Independent Woman Director by Indian Institute of Corporate Affairs
Real Estate, Litigation, Arbitration Counsel,
POSH Consultant and Trainer
09/05/2020
E-filing procedure in the Courts of India.
Post your email ids so that the team can email it to you.
Surbhi Oswal posted on LinkedIn this is the User Manual for E Filing Procedure for High Courts and District Courts in India. ...
09/05/2020
An Article by me addressing the current scenario of the Payments to employees/workers during lockdown- Law, Orders and Judicial Trend
Do read and share to know the current scenario.
UPDATES-
On 15th May, 2020, the Honourable Supreme Court of India issued Interim Orders in two cases (Indian Jute Mills case and Hand tools Case) restraining coercive action against the Employer till next week, for non payment of wages as per the Order dated 29 March, 2020.
On 17th May, 2020 the Ministry of Home Affairs issued an Order whereby the Order directing the mandatory payment of Wages by Employers to Employees (Dated 29.03.2020) ceased to have effect.
Clause III of the March 29 order read, “all the employers, be it in the industry or in the shops and commercial establishments, shall make payment of wages of their workers, at their workplaces, on the due date, without any deduction, for the period their establishments are under closure during the lockdown.”
It also read, “wherever the workers, including the migrants are living in rented accommodation, the landlords of those properties shall not demand payment of rent for a period of one month. If any landlord is forcing labourers and students to vacate the premises, they will be liable for action under the Act.”
This Order now stands withdrawn.
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