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kumar (xxx)     19 March 2011

Agreement Extension

Hi,

I have signed an overseas deputation agreement with my employer on a Rs.20 Stamp Paper in 2006 and the agreement is scheduled for 12 months. As per this agreement the notice period was 6 months.

In 2008, the notice period clause was changed from 6 to 3 months. I have signed the updated/new  agreement  in USA in 2008 on a company letterhead.

I resigned the firm in USA and now the employer has sent a legal notice claiming that I have breached the overseas agreement.

My question is

1. Does the agreement executed in USA is valid in India? Since I was not given any option /provision  to get any legal advice in USA. Can the employer file a case in India based on this?

2. The initial agreement signed on stamp paper is for 12 months and hence it's void. Correct me if I am wrong?

Thanks

Kumar

 

Thank you

Kumar

 

 

 



 2 Replies

M.Sheik Mohammed Ali (advocate)     19 March 2011

what is exact mentioned in the agreement , we dont know, we must know the agreement details and come to concluding. if they  mentioned the agreement it valid for one month it will effect or otherwise as per limitation act valid for 3yrs from signed.

kumar (xxx)     23 March 2011

Hi Sheik,

If the agreement is executed outside India. Can it be legally challenged in Indian Courts?

Regards

Kumar


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