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Showing posts from October, 2022

Moonlighting: Concerns of the employer and Legality in India

  Introduction The Cambridge Dictionary defines ‘moonlighting’ as an act of working an extra job, typically at night, secretly and without informing the main employer. Employees usually moonlight to make surplus money, and sometimes to explore and enhance their skills. Here, one may sight the example of Harpreet Singh Bedi, from the famous movie ‘ Rocket Singh’ , wherein the protagonist started his own secret sales company while continuing work at his existing company! With increasing advancement of technology, surges in globalization and other technical complexities, the need of protecting sensitive information, trade secrets, ideas, databases etc. is felt. Since this practice involves a threat of leak of data, many employers actively oppose moonlighting. This became a burning topic only after Wipro Chairman Rishad Premji equated it to "cheating", calling it a "complete violation of integrity in its deepest form". While this has always been a routine practice...

POSITION OF ARBITRATION CLAUSE IN AN UNSTAMPED CONTRACT

  The clause in an agreement/contract that requires the parties to resolve their disputes through the process of arbitration is an arbitration clause. This distinctive feature of an arbitration clause is that it prevents the parties to dispute from filing law suits against each other and settle the dispute in a much easier, cost effective and time saving manner. A substantial period of time has passed in settling the issue related to the position of an arbitration clause in an unstamped agreement/contract. Recently a division bench of the Hon’ble Supreme Court in the case of N.N. Global Mercantile Pvt. Ltd. v. Indo Unique frame Pvt. Ltd . held that and arbitration clause in an unstamped or insufficiently stamped contract being and independent contract is valid and enforceable. According to the Hon’ble Justice Mrs. Indu Malhotra, Hon’ble Mr. Dhananjaya Chandrachud and Hon’ble Mrs. Indira Banerjee the case has given rise to issue such as applying the Doctrine of severability of an ...