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Need Legal Suggestion (Confidential)     16 July 2013

Is holding back educational certificates legal in india

Hello friends.

Hope you are doing good.

1.

As per Indian Penal Code if any person or institute holds back any document or any use of any legal document or threatens any legal suits or actions and thus forces a person to perform any act against his wishes or which is illegal or wrong as per the statute of Law of the land.

a) Can someone tell me which sec of the IPC depicts this ?

b) If some one is holding back my certificate, what should I do to get it back?

c) What is the minimum punishment for holding back anyone elses certificate?

 

2.

Article 19 in The Constitution Of India

Right of Freedom

All citizens shall have the right

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(c) to form associations or unions;

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India; and

(f) omitted

(g) to practise any profession, or to carry on any occupation, trade or business  (Freedom to practice any profession or to carry on any occupation, trade or business on which the State may impose reasonable restrictions in the interest of the general public. Thus, there is no right to carry on a business which is dangerous or immoral. Also, professional or technical qualifications may be prescribed for practising any profession or carrying on any trade.)

 

So, if any company/firm in their bond states that the consultant who is working for that firm can not do any kind of trade or business during his engagement with that oarticular firm, it goes against "Right to Freedom" !

In this case, what legal step can be taken against the firm and what will be the minimum punishment ?

 

 



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