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Evidentiary Value of the Statements made to the Police during Investigation

In Sewaki v. State of Himachal Pradesh, 1981 Cri LJ 919, the apex court held that any statement recorded by the police officer during an investigation is neither given upon oath nor is the same tested by cross examination. also, as per the law of evidence, such statement is neither considered evidence of the facts made therein and nor is the same considered as substantive evidence. The statement made to the police has no evidentiary status, as a result no criminal cases can be initiated using the same as evidence under Section 194 and 195 of the Indian Penal Code. Supreme...

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Determining Jurisdiction of a Court while making Purchase from E-Commerce Platforms

An e-commerce entity has its Corporate Office in Gurugram, Haryana but according to the terms and conditions, all disputes arising shall be subject to the jurisdiction of the court, tribunal and forum in Bengaluru. In such cases, if the aggrieved person residing in Delhi has to file a complaint against the spurious product and ill refund policy of the e-commerce entity at his residence itself, the same becomes challenging. It is therefore important to understand, as to what needs to done if the person desires to file the complaint in Delhi itself. Now, under section 11(2) of the Consumer Protection...

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Three Important Steps before Outsourcing of IT Service & Work

A lot of IT related work is outsourced from the developed countries like US, UK, Australia etc to different developing countries and India ranks first in this. This entire outsourcing of IT work is done primarily for the two reasons i.e. easy availability of the skilled workforce in the developing countries and secondly due to the cost effectiveness. However, outsourcing of work sometimes creates more perils than benefits and thus both the parties i.e. the Service Provider and the Service Recipient should follow certain steps in order to enable smooth functioning of the entire process and reducing chances of friction. Thus,...

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Legal Challenges in Outsourcing of IT Services & Work

Outsourcing refers to the practice in business where a party is hired from outside the company to perform certain services and creation of goods which were performed in-house by the corporate’s employees and local staffs. It is a basically a measure undertaken by the corporate to cut the cost. Now, in the case of IT-services, we have witnessed an upsurge in the outsourcing process. However, there are some legal limitations and issues acting as an obstacle in outsourcing. It is very important to note that in case an organization or corporate is outsourcing to India, the same needs to be...

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Precautions to be taken before Outsourcing of IT Services & Work

Outsourcing refers to the practice in business where a party is hired from outside the company to perform certain services and creation of goods which were performed in-house by the corporate’s employees and local staffs. It is a basically a measure undertaken by the corporate to cut the cost. Now, in the case of IT-services, we have witnessed an upsurge in the outsourcing process. However, there are some legal limitations and issues acting as an obstacle in outsourcing. Precaution to deal with the Issue of TaxationIn the upcoming paragraphs, we shall discuss the precautions that may be taken to deal...

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Laws for Outsourcing of IT Service & Work

The business entities and firms are nowadays taking advantage of technology for models like offshoring so as to reduce their costs without a without a corresponding decline in quality. However, with the growth and development of technology the problem related to same is also growing by leaps and bounds. Most developed countries in the world, especially the USA are engaged in outsourcing majority of its industrial and trading contracts, offshore to developing countries like India to reap the benefits of cost effective and proficient work force. However, concerns like data confidentiality and security issues have emphasised the necessity for businesses...

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How to Determine the Jurisdiction of a Court in a Civil Case: Lawyers Advice

Jurisdiction of a court is its power/authority to hear the case and pass a decree. A court accepts all suits of civil nature unless expressly or impliedly it is barred as mentioned in section 9 of the Code of Civil Procedure, 1908. Whenever a suit is instituted in a court, the opposite party can challenge the jurisdiction showing that passing a decree in this court will cause a miscarriage of justice. Factors determining the Jurisdiction of a Court in a Civil Case or Civil Law SuitThe jurisdiction of the court can be challenged in four circumstances: 1) Court...

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Filing a Strong Counter Claim in a Civil Case: Lawyers Advice

A civil trial is a lengthy procedure. To avoid multiplicity of proceedings and save the valuable time of the Honourable Court, counter-claim and set-off were adding to the Civil Procedure Code, 1908 by the Amendment Act of 1976. While set-off is considered as a defence mechanism where it is used as a shield, a counter-claim on the other hand is used as a weapon to sue the plaintiff. A counter-claim filed by the defendant is considered as a plaint and the plaintiff in the original suit is entitled to file a reply to the counter-claim in the form of a...

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Filing a Strong Written Submission in a Civil Case: Lawyers Advice

Before approaching the Court, the plaintiff shall send a notice to the defendant asking the defendant to provide the relief he legally owes to the plaintiff. If the defendant does not respond or fulfil the legal obligation provided in the notice, the plaintiff shall proceed to the next step which is filing the plaint. The plaintiff mentions the cause of action and submits it before the Honourable Court which accepts the plaint if it deems fit and then serves summons to the defendant. The defendant shall respond to the plaint with a written statement within thirty days from the date...

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Legal Remedies against False Allegation of White Collar Crime: Lawyers Advice

Meaning and types of White-Collar Crimes: - There are two classes of criminal offences, namely Traditional Offences and Socio-Economic offences or White-Collar Crimes. The former has been in existence since the inception of human civilisation. This mainly includes murder, rape, robbery and dacoity. However, on the other hand, the latter is merely a cause of scientific and technological advancement. Socio-Economic Crimes can simply be termed as the product of the industrial revolution. Socio-Economic crimes or as Sutherland referred it, ‘White Collar Crimes’ are basically those crimes which either affect the health and material welfare of any particular community or the...

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