Breach of contract

With reference to the specific post initiated by you which implies;

“That employee after leaving one company can join or can not join other company which is considered by previous company a competitor, rival…”

The answer seems to be that: Employee after leaving one company can join any company, profession, for his employment and source of livelihood. The attempt by previous employer to restrain an employee beyond period of service is violative of Sec 27 of Indian Contract Act.

The courts may term such contracts dictating such terms as unconscionable, excessively harsh, unreasonable, one sided, void………

Since such contract is violative there should be no scope of civil or criminal complaint…………

If you are an employee suffering from such mindset of the employer, make this famous by circulating the mindset of this employer to as many fellow citizens, colleagues, employees, employees unions/guild/IC’s, at as many portals/forums you can.

If you are an employee and this employer is threatening to file criminal complaint while he may withdraw of get defeated you may approach a competent and experienced criminal lawyer and take your complaint to its logical conclusion.

You may show the agreement as ap to a competent and experienced labor consultant/service lawyer, under the merits and proceed under expert advice of your lawyer.

Valuable advice of learned experts/members is sought.

Sir,

Thanks for ur suggestion. But the company has already files a criminal case. Cam this case be challenged in the court as they had to file a civil suit not a criminal. leaase advise

Regards

Harish

Sir,

Thanks for ur suggestion. But the company has already files a criminal case. Cam this case be challenged in the court as they had to file a civil suit not a criminal. leaase advise

Regards

Harish

Sir,

Thanks for ur suggestion. But the company has already files a criminal case. Cam this case be challenged in the court as they had to file a civil suit not a criminal. leaase advise

Regards

Harish

You may visit a competent and experienced labor consultant/service lawyer, criminal lawyer with the copies of job advertisement, interview call letter, offer letter, appointment letter, service agreement, resignation, resignation acceptance, FNF statement, Form 16, relieving letter, service certificate, any notice, show cause notice, legal notice, summons from court and give inputs in person and proceed under expert advice of your lawyer.

If you wish to avail the services of LCI lawyer you can conduct search at:

https://www.lawyersclubindia.com/lawyers_search/#.UXZuJaKAqWM

Related lawyer's list is also given on the bottom of this web page

Related 'Criminal Law' Lawyers

You may find the attachments and a publication at, useful :

https://www.lawyersclubindia.com/articles/Non-Compete-Clauses-and-The-Indian-Contract-Act-1972-4621.asp

Pls keep this thread updated.

If you wish to attach the documents pls erase the names to maintain the confidentiality.

 Valuable advice of learnbed experts/members is sought.

@Querist,

A person can be charged with both criminal and civil cases in such cases.

You have been charged under section 405 IPC 1860 for 'Criminal breach of Trust'.This is because the agreement of service may have a clause or a series of clauses saying for discharge of resposibility having a confidential nature.

Full facts is needed to make any further comment.

Note-This reply is taken as per the declaration given in my profile page.

Thanks,

Regards,