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Biplab Swain   26 August 2009 at 23:38

Emails & Jurisdiction

I have a jurisdiction hearing in Orissa HC on 01/09/2009.

Pls. Consider this Scenario:

A company has its HO at Delhi and Employs employees there. However, in the age of Internet, asks the Staff to work from Home at Orissa during his leave. Now there are trails of Email suggesting that the employee was doing office job during his leave at Orissa. Moreover, the staff also works remotely (From Delhi/Orissa/Mumbai as the case maybe) in Germany, UK & USA.

Now the question is in cases of Labour disputes:
1. What would be the Jurisdiction for the Job done during the Stay at Orissa.
2. Does the law accept Email/Internet as valid mode of communications(I recall that somebody during a seminar of Data safety did hint at the same through some ammendments in 2000)
3. We can prove the geographical origin of emails but will the suffice to fight for jurisdiction, when presented with circumstancial evidences?

A.K.Sherwani   26 August 2009 at 22:48

Transfering prop. of a running firm having loans of bank

Respected sir,
is there any law transfering/changing a running firm proprietor (in relation i.e husband or husband's brother) having cash credit facility of bank's and the stock is unpaid also having no's of creditors n debitors too.

Adinath@Avinash Patil   26 August 2009 at 22:23

Recall of witness

In pvt.complaint complainant filed examination chief affidavit, thereafter case fixed for cross examination but complainant remain absent & no cross order is passed by court therafter next date complainant produced additional docuements and filed apllication for recall complainant.Is Section 311 of Cr.p.c.is applicable

R.Manivasagan   26 August 2009 at 22:22

Sepreme Court finding in Decree in MA, Mcom etc.,

Sir, we came to know that the Honb'le Supreme Court of India, has cinfimred the findings of the Honb'le High Court of Judicature at Madras that the Decree obtained without studiying S.S.L.C or +2 is not valid.

what about it's scope, whether it will affect the practising Advocate who comes in this categery.

there are 6 Advoactes in our Bar. pleased

Adinath@Avinash Patil   26 August 2009 at 22:12

Interium &Interlocatory order

Is all interium order are interlocatory order?

A Truthseeker   26 August 2009 at 21:15

bench at lower judiciary

when a civil judge (junior division) or magistrate disposes a case the decision may be free from errors and uninfluenced if a bench with more than one judge is formed.

Monisha   26 August 2009 at 20:34

Trust DEED Dissolution

What all should be there in a draft Dissolution of Trust Deed by Will.Do you have any brief or sample of the Same?

Satish Singla   26 August 2009 at 20:10

Relieving

Hi I resigned from my current organisation on August 12. My letter of apointment says I have to serve two month notice but depends upon co.'s descrition wether to accept the money or not in lieu of notice period and due to some reaons I don't want to serve the notice so planning to take legal opnion. How I can proceed and what all are options which is available to me ?

Vikram Chandra   26 August 2009 at 18:36

Visa Issue

Hi Friends,

My Query is that; An Indian Muslim boy got married an Iranian girl who basically visited India for persuing her higher education for post graduation and her Visa from Iran to India is purely based on Student Visa. Meanwhile the Indian muslim boy and the Iranian girl got married and the student visa is being expired in the next month. After their marriage they obtained a Marriage certificate from the CEO wakf board.

Now, what will be the status of Mrs.Y, who basically is an Iranian Citizen and visited India on Student Visa and inview of her marriage with Indian Muslim boy? will she become and Indian automatically inview of the marriage as per muslim personal law and whether she needs extension of her Visa which is only granted in the capacity of Student or she needs to change her Visa type to dependant Visa from student visa as she married an Indian Muslim. What happens to her status of visa which is going to be expired in the next month. Can she be booked for contravention of foreign rules under the provisions of foreigners act or rules.

Inview of marriage she has become a spouse to Indian Muslim she needs to change her visa type from student visa to dependant Visa and should stay in India with her husband.

kindly guide me for the above issue.

regards.

Desi   26 August 2009 at 18:22

logistics

Dear Sirs

What is CIOGS Act?
The answer provided does not have the full form of the acronym "CIOGS". Pl let me know that. Thanks
Regards Desi