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Arpit lalan (Legal Consultancy/Advocate)     01 December 2020

NDA relief to employer

under what sections of the Indian contract act one can get relief in court against employer for disclosing official secret of trade and software.

I know about section 27. that is only for mon compete. which are the other sections and which other acts can be put in practice in serving notice.

eg IT ACT ?


Learning

 1 Replies

Nirali Nayak   13 June 2021

Hello sir, greetings of the day.
As per your query, all the sections in India under which one can get relief in court against employer for disclosing official secret of trade and software are as follows:
Section 27 of Indian contract act, 1872 which states that any agreement which restrains one from exercising a lawful profession, trade or business of any kind, is considered to be void.
Section 72 of The Information Technology Act, 2000 gives the Penalty for breach of confidentiality and privacy
Section 378 of Indian Penal Code which talks about theft. Any person who dishonestly takes movable property of another person without his consent is charged under theft.
Section 408 of Indian Penal Code which states that if there is a criminal breach of trust by anyone employed under you, they will be punished.
Section 420 of Indian Penal Code states that whoever cheats another person shall be punished. 
Hope this is what you were looking for.
Regards
Nirali Nayak
Law Student


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