The Executive further agrees that if any part of the agreements set forth in this Agreement or its application is construed as invalid or unenforceable, then the remainder of the Agreement or Agreements shall be in full force and effect without regard to any invalid or unenforceable portions thereof. But some redundancy phrases are so common that you might as well point them out. Today I talked to a friend about power and effect. I then checked EDGAR and found that the phrase appeared in 2,991 "substantive contracts" filed last month. This makes power and effect an integral part of the contractual landscape. Garner`s Dictionary of Legal Usage says it has "become part of the legal idiom." 11. Governing Law; Divisibility. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal or unenforceable, the parties agree that the court shall have the authority to modify, amend, or alter such provision(s) to make the Agreement legal and enforceable. If this Agreement cannot be modified to be enforceable, except for the general disclaimer, this provision will immediately become null and void, so that the remainder of this Agreement will remain in full force and effect. If the general wording of the release is found to be illegal or unenforceable, the Board member agrees to make an appropriate binding replacement release or, at the request of the Company, to return amounts paid under this Agreement. The protesters went into effect when the president arrived in Stockholm. "Power and effect." Legal Dictionary, Merriam-Webster,

Retrieved 11 October 2022. If for any reason any provision of this Agreement or part of a provision is held to be invalid, . and each of such other provisions and parts thereof shall remain in full force and effect in accordance with the law. Garner suggests that "the emphasis on force and effect may justify the use of the term, in drafting (treaties and statutes) rather than in court opinions." But this ignores the nature of contract language – it serves to convince anyone of anything, so this kind of emphasis has no place in a contract. This warranty will remain in full force until .. 7. Governing Law and Interpretation. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any action to enforce or violate this Agreement shall be subject to the exclusive jurisdiction of the Circuit Court located in and for Palm Beach County, Florida.

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal or unenforceable and cannot be modified to be enforceable, except for the general release provision, that provision shall immediately become null and void, and the remainder of this Agreement shall remain in full force and effect. The parties acknowledge that this Agreement is the result of negotiations and agree that it shall not be construed against any party on the basis of sole authorship. The parties agree that in any dispute relating to this Agreement (as determined by the competent court(s)), the prevailing party shall be entitled to recover its reasonable attorneys` fees and related costs, including attorneys` fees and costs associated with an appeal. Appropriate force is the degree of violence that is appropriate and not excessive to defend one`s person or property. A person who uses such force has the right to do so and is not criminally or civilly responsible for the conduct. and each of the agreements and obligations contained in the loan agreement and other loan documents is hereby affirmed with the same force and effect as if each had been separately set forth herein and entered into as of the date of this agreement; But the ubiquity of the phrase cannot hide the fact that you`d better get rid of violence and/or full force, as the case may be. 5. Agreement in force and in full effect. Unless expressly modified by this Second Amendment, the terms of the Agreement shall remain in full force and effect, and the Agreement as modified by this Amendment and all of its terms, including, but not limited to, warranties and representations, are hereby ratified and confirmed by the Trust and Daylight Saving Time from the Effective Date.

The expression is used without force or effect and with the same force and effect, but more often than not, you see it in full force and effect.

In addition to the general principles of good labour relations practice, dismissals, reductions and severance payments are governed by the provisions of the Reduction and Severance Pay Act. The provisions of this Act apply only to employees who meet the legal definition of "employee" under the Industrial Relations Act and who have completed at least one (1) year of service. Employment contracts are governed by the principle of contract law according to which a contract cannot be modified without the consent of the opposing party. Therefore, caution should be exercised when drafting all employment contracts. In addition, appropriate procedures should be followed when it becomes necessary to renegotiate any aspect of the employment relationship. In addition to the employment contract, certain terms and conditions of employment and/or obligations and rights of the employer and employee may also be required by statute or implied under common law, including those relating to, for example, minimum wage, severance reductions and severances, maternity leave, and health and safety. In addition to its political stability, strategic location and significant natural resources (especially natural gas), Trinidad and Tobago is attractive to foreign investors because of its skilled and productive workforce. The population is educated and has a high level of literacy. As the most industrialized Caribbean nation, Trinidad and Tobago has an experienced workforce in various activities, including all aspects of the oil, gas and petrochemical industries. An arbitral award or a decision of the Labour Court may be challenged only on the grounds that the Labour Court did not exercise its jurisdiction or exceeded its jurisdiction, that the order was obtained fraudulently, that it was vitiated by an error of law or that there was a specific illegality in the course of the proceedings. The Labour Court`s finding that an employee was dismissed in circumstances that were not in accordance with the principles of good labour relations practice is not subject to appeal. If the court finds that an employee was wrongly dismissed, it may award the employee reinstatement and/or financial damages, including damages and punitive damages.

The Labour Court has the power to make an award which it considers fair and just, having regard to the interests of the persons directly concerned and the community as a whole, the merits of the case before it and the principles of good labour relations practice. The Act also provides for mandatory mediation of labour disputes between an employer and its employees concerning the dismissal, employment, non-employment, suspension, refusal of employment, reinstatement or reinstatement of such workers and includes disputes relating to conditions of employment. According to the law, a labour dispute can only be initiated by (i) the employer, (ii) the majority recognized union for the collective bargaining unit to which the employee belongs, or (iii) if there is no recognized majority union, a union in which the employee(s) involved in the dispute are honourable members. For employees who do not belong to a trade union or for matters that do not fall within the jurisdiction of the Labour Court, disputes are usually settled amicably or by a traditional action for termination of the employment contract. The Labour Court established under the Industrial Relations Act has jurisdiction to hear and resolve "commercial disputes" between an employer and its employees, including disputes relating to the dismissal of employees, through compulsory arbitration. The Court shall exercise its jurisdiction in accordance with the principles of fairness, good conscience and good practice in industrial relations. However, this specialised court does not replace the traditional jurisdiction of the High Court for actions for breach of contract of employment or unfair dismissal. Ideally, employment contracts should be in writing, but there is no general rule to that effect. In practice, they are often done partly orally, partly in writing. Often, the basic terms and conditions of employment are set out in a letter of appointment, which usually includes a job description or an indication of the duties required, as well as a general provision that the employee must perform all other necessary duties.

If workers are represented by a recognised majority trade union, the terms of a collective agreement between the employer and the union may also govern the employment relationship. In addition to this general customary legal obligation, the Occupational Safety and Health Act (OSHA) establishes a legal framework for occupational health and safety. The scope of the law goes beyond traditional industrial operations to include stores, offices and other workplaces. The employer has a general customary duty to take reasonable care of the safety of its employees during the period of their employment, including the obligation to provide competent personnel, appropriate facilities and equipment, a safe workplace and a safe work system. Compliance with these regulations is critical because, in addition to certain criminal penalties, OSHA gives workers the right to refuse work if there is a danger to safety or health. Health, safety, health and safety, occupational health and safety Under the Workers` Compensation Act, an employer is required to pay compensation for injury or death to an employee as a result of a workplace injury. The value of this benefit is calculated according to a prescribed formula and depends in part on a medical assessment of the worker`s permanent partial disability. In the event of death or serious and permanent incapacity, the employer remains liable, even if the accident may have been caused by serious and intentional misconduct on the part of the employee. The amounts payable for workers` compensation are relatively modest. However, paying workers` compensation to an employee does not preclude the employee from bringing any other action he or she may have against the employer (for example, negligence).

However, in determining the compensation due to the worker, the Court takes into account the amount paid to him as workers` compensation. The Act prohibits discrimination on the basis of "status," which includes: (i) sex (but not sexual preference or orientation), (ii) race, (iii) ethnic origin, (iv) origin, including geographic origin, (v) religion, (vi) marital status, (vii) disability (including mental or mental illness or disorder). Age is not a category protected by law. Discrimination occurs when an employer treats an employee or potential employee less. However, the regulation does not apply to employees who receive an hourly rate of at least 1.5 times the minimum wage. Explanatory memorandum - Nationality, Immigration and Asylum Act 2018 Contributions are calculated on the basis of a formula set out in the Social Security Act. Essentially, the legislation sets out several "categories of earnings," each of which involves "assumed average weekly earnings." Earnings include more than salary or base salary, but include acting allowances, overtime, scholarships, allowances, commissions, production or efficiency bonuses, on-call service payments, hazard or dirt allowances, and dependents` allowances. The contribution payable for an individual employee is based on the assumed average weekly earnings of the class to which the individual employee belongs and a statutory rate adjusted from time to time. Effective September 2016, the legislated rate was increased to 13.2% of insurable earnings. Although these conditions are prima facie void because they are contrary to public policy, they may be enforceable if they are proportionate both between the parties and in the public interest. A restriction that purportedly takes effect after the termination of the employment relationship is not appropriate unless it protects certain legally recognized property interests of the employer. Even where those recognised interests are concerned, the restriction imposed on the employee must not exceed what is reasonably necessary to protect that interest, failing which they shall be null and void.

The terms of the employment contract should be carefully considered, as they clarify many important issues, such as the notice period required for dismissal and the conditions that the employer deems necessary to protect its intellectual property rights and trade secrets. Where appropriate, the contract may contain restrictive agreements prohibiting a former employee from setting up a competing business or working for a competitor in a given territory for a certain period of time. MOTOR VEHICLES AND ROAD TRAFFIC ACT (ENFORCEMENT AND ADMINISTRATION) CHAPTER 48:52 Current authorized pages Authorized safety: This includes regulations on the supply of clothing and protective devices, dust and smoke suppression, and machinery protection; The Equality Act generally prohibits employers from discriminating against employees or prospective employees on the basis of their gender, race, ethnicity, geographical origin, religion, marital status or disability.

Mutual Divorce Rules in West Bengal in Bengali

Although the divorce process in India is quite long, the situation becomes even more complicated when the marriage involves one or both non-resident Indians. The Indian legal system does not provide for very comprehensive divorce laws for marriages with or between non-resident Indians. However, if a couple married in India under the Hindu Marriage Act 1955, the partners can file for divorce by mutual consent, just like other Indians residing in the country. If both spouses reside in a foreign country, Indian law recognizes their divorce under the laws of that country. (iii) And that husband and wife have mutually agreed that the marriage is completely broken. Therefore, the marriage should be dissolved. Under these conditions, an amicable divorce can be pronounced. A contested divorce is filed for the reasons mentioned in the separately enacted laws for different Indian religions. The application for divorce by mutual consent of husband and wife is called the “first application”. A couple can submit a second application after a six-month break. The six-month period is given to the couple so that they have time to reconsider their marriage. Some of the important issues that the couple should have agreed on in their amicable divorce application are custody of the child, alimony to the wife, restitution of the dowry or “streedhan” and court costs.

The maximum time limit for filing a second application is 18 months from the date of filing the petition for divorce with the family court. Divorce is the legal dissolution of marriage. Since India is a country with different religious communities that have their own marriage laws, the divorce procedure varies too differently depending on the community of the couple filing for divorce. All Hindus as well as Buddhists, Sikhs and Jains can divorce under the Hindu Marriage Act 1955. The Muslim, Christian and Parsi communities, on the other hand, have their own laws governing marriage and divorce. Spouses belonging to different communities and castes may divorce under the Special Marriage Act of 1956. There is also the Foreign Marriage Act of 1969, which governs the Divorce Act in marriages where one partner is of another nationality. Child support is the financial support a spouse needs to provide a separated partner during and after a divorce. Section 28 of the Special Marriage Act 1954 and Section 10A of the Divorce Act 1869 also provide for divorce by mutual consent.

According to the Hindu Marriage Act 1955; An application for an “amicable divorce” can be filed if you and your spouse are having difficulty and have decided to separate legally. Under the Hindu Marriage Act, 1955, husband and wife have the right to have their marriage dissolved by decree of divorce for more than one reason expressly mentioned in section 13. Filing for divorce in India is a long legal case where the duration of the lawsuit takes at least six months. However, the time and money required for a divorce can be significantly reduced if the couple is seeking an amicable divorce. In this case, the separated spouses may mutually agree and apply for a “no-fault divorce” under section 13B of the Hindu Marriage Act, 1955. All marriages entered into before or under the Marriage (Amendment) Act 1976 are entitled to avail themselves of the consensual divorce provision. However, to file for divorce, the husband and wife must have been living apart for at least one year. For mutual divorce proceedings in India, you can make an agreement with your spouse where you can resolve all kinds of disputes regarding alimony, child custody and others. 1. The court may be the court in which the couple applying for divorce last lived.

Adultery by the applicant`s spouse or any other sexual relationship outside marriage. Intentional abandonment or suspension of the applicant by the spouse for an uninterrupted period of two years in India prior to the date of the divorce application. Physical and/or psychological torture inflicted on the complainant by his or her spouse which may endanger the life and health of the applicant. Sexual impotence or inability of the applicant`s spouse to have sexual intercourse. mental illness or incurable illness caused by the applicant`s spouse. Some of the reasons why any spouse can file for divorce in India are: The interim maintenance order remains valid until the final maintenance order is made by the court during the divorce. You can even file for divorce if the other party is unwilling to divorce – this is called a “contested divorce.” Thereafter, both parties to the divorce have six months before they can file the second application. According to the Indian legal system, divorce proceedings usually begin with the filing of a divorce application.

Joint documents are required to file for divorce, even our expert lawyers will help you prepare the documents if something is missing: India`s amicable divorce procedure is more cost-effective and less traumatic than controversial divorce proceedings The conditions of alimony also vary from one personal law to another. Whether and how much maintenance is awarded to the applicant therefore depends on the laws under which he married. In exceptional cases, the court may order the payment of maintenance to the applicant by a public body after the divorce. Another aspect of divorce that comes with many emotional traumas and legal complications is custody. This is because a divorce leads to the breakdown of the whole family. Not only is the child separated from one of his parents, but he may also lose other siblings and extended family. The Hindu Marriage Act, 1955 contains comprehensive laws concerning the custody and maintenance of children. If the child is under five years of age, custody is unanimously transferred to the mother.

For older children, custody of a girl is usually given to the mother and that of the boy to the father. Access is an important aspect of custody that determines how often the separated parent can meet their children. Family allowances are closely linked to childcare. The whole divorce procedure in India begins with the divorce application completed by the parties involved in the divorce process, and the notice of the same is served on the other. First, both spouses must file a joint application for dissolution of marriage with the family court to obtain a divorce decree on the grounds that they could not live together and that they had mutually agreed to dissolve the marriage, or that they had been separated for a year or more. In India, family courts can issue an injunction on the maintenance of one of the spouses if he or she is separated from the other spouse with minor marital disputes, with an order of legal separation, or if one of the spouses has filed for divorce. Therefore, an action for divorce or legal separation is not mandatory to claim monthly support. A woman or a man ceases to receive child support from her spouse as soon as he or she remarries, unless he or she has a child. For example, women often ask for a one-time out-of-court settlement (or alimony). If, after hearing the parties, the court is satisfied that the allegations contained in the application are true and that there can be no possibility of reconciliation and cohabitation, it may issue a divorce decree declaring the marriage dissolved.

The divorce becomes final as soon as the court has issued the divorce judgment. According to Section 13B of the Hindu Marriage Act, husband and wife can only apply for divorce if they have been living apart for at least one year. The couple must mention together that due to unavoidable circumstances, they are unable to continue the conjugal relationship. Both parties must voluntarily agree to dissolve the marriage. Both husband and wife should be willing to separate, this is the first and most important rule when it comes to divorce by mutual consent. Also the following things to consider before filing for divorce: As we know, there are different laws for marriage registration, the same applies to divorce, the law has different provisions regarding marriage certificates, which are: In the case of a divorce by mutual consent, both parties must have consented and there must be no differences in matters related to maintenance disputes. Custody of a child, alimony, property, etc.

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