Legal Question in Criminal Law in India

Dear Sir,

A techinician from Nellore(Andhra Pradesh) was working in a Chemical factory in Hyderabad.He was living in secundarabad & was commuting from secundarabad to hyderabad.The company transferred his services to a factory located outside India where he stayed & worked for 5 months.His services were again transferred to factory in Hyderabad.upon returning to India,he visited his home town Nellore where he suddenly fell ill and developed problems in Breathing,and took medicines for the same.He went bck to Secundarabad where he again took doctor's help & was admitted to hospital where he was found to have developed a severe Infection in Lungs due to a particular chemical he was exposed to while he was working out of India.the person expired due to same infection in a hospital in secundarabad.

The company had published a advisory/guideline for prevention with that chemical which was not adhered to by the management due to which the employee lost his life.the family members wish to file a case of negligence against them.Pls let us know if a criminal case can be registered against the company in Nellore & Courts there have Jurisdiction for hearing the offence(since infection occured out of india & The deceased being a native of nellore,his legal heirs living there,the disease being first discovered & treated there & he was cremated there)?

Warm Regards

Sarvesh


Asked on 8/11/12, 11:21 pm

4 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

this is a clear case of negligence on the part of the management and criminal and civil case for compensation may be filed in India.

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Answered on 8/12/12, 5:53 am
Global Legist Advocate & Legal Consultants

Hello,

When he was in India was he exposed to the same chemical here.

While abroad what do his abroad agreement says.

In general management is liable.

Most probably case will be filled at the place where he had joined; for confirmation check contract for the jurisdiction.

For any further enquiry please contact us.

With Regards

Global Legist

Advocates and Legal Consultants

+91 9873400403

[email protected]

www.globallegist.com

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Answered on 8/12/12, 8:54 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Gupta

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Answered on 8/12/12, 8:53 pm
Shrichand Nahar S.V.Nahar, Advocate

May be. Particularly, in view of express provisions in Cr.P.C. about courts having jurisdiction where consequences ensued.

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Answered on 9/03/12, 11:04 pm


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