Legal Question in Civil Litigation in India

Case Enquiry - Discrimination & Unfair Trade Practices

Dear Ma�am / Sir � I intend instituting legal proceedings against my superior for discrimination against me by favoring his family friend and of further discrimination because I was not in favor of unethical and unfair trade practices. This means that I intend suing my ex organization also.

- I moved out of the organization a year and a half back with backup of the Outlook Express. Can this be submitted as evidence in a court of law? It has all the incriminatory evidence of unethical and unfair trade practices.

- Can I be counter-charged with mail theft for taking away a backup of the Outlook Express with me?

- Is voice recording admissible as evidence? I have the audio tape that can prove that the person promoted by him was his family friend.

I am looking forward to hearing from you.

Sincerely.


Asked on 4/26/09, 9:49 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Case Enquiry - Discrimination & Unfair Trade Practices

It is already more than one year when you left the organization; you may better buy your peace of mind instead of considering the huge expense of time and money on litigation. the law of torts is very weak in India and the scope for getting relief in your case does not seem to be very bright.

However, if you still want to pursue your remedy, you may engage a counsel and file the case.

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Answered on 4/27/09, 2:43 am
Pranav Desai PD Legal & Associates

Re: Case Enquiry - Discrimination & Unfair Trade Practices

Yes all the above evidence are admissible in the court of law. Though I suggest that you take a view of a local counsel to determine whether to proceed or not because as you rightly pointed out that these evicences can be used against you as well.

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Answered on 4/28/09, 8:01 am
Vishwa Arya Arya & Co.

Re: Case Enquiry - Discrimination & Unfair Trade Practices

You may move before the Monipilies and Restrictive Trade Practices Commission at New Delhi. Audio Tape is an acceptable piece of EVidence. Email are evidence. If you had a NDA with the employer, that needs to be examined.

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Answered on 4/26/09, 11:28 am


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