Upgrad LLM

breach of trust


I have been representing a Foreign (US) company for last 12/13 yrs. in India dealing with Used Tyre Machinery  on commission basis.

Last year I helped them secure a large contract  from an Indian company.

They made Part shipments to the Indian co. for which they have received the payments but are avoiding paying my commission .

It has been brought to my notice that the Indian co. in collusion with this US Supplier is trying to bye pass me  to pocket that commission.

What action can be initiated against the supplier/Buyer to recover my commission

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Since your contract is directly with the US Company - after serving them with a legal notice, you can file a suit against them for recovery of commission & rendition of accounts. 

 
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Supreme Court

 

 

Plaintiff: The party who initiates a lawsuit by filing a complaint with the police or the court against the defendant(s) demanding damages, performance and/or court determination of rights.

 

Accuse: To charge formally with a wrongdoing to police or challenge in court against the accused.

 

Since nobody knew that Bhakti Naidu has stolen the mobile, there is no Accuser, Accused , Plaintiff - where you serve legal papers to the accused for appearing in court for proving the crime. She was using the stolen IDEA SIM, for calling two men, tracked by Pune Police Department.

 

First Information Report (FIR) is a written document prepared by the

police when they receive information about the commission of a offence. It is a report of information that reaches the police first in point of time and that is why

it is called the First Information Report. It is generally a complaint lodged with the police by the victim of a cognizable offence such as theft , or by someone on his/her behalf. Anyone can report the commission of a cognizable offence either orally

The Judgment Information system consists of the Judgments of the Supreme court of India and several High Courts. In the case of the Supreme Court all reported Judgments which are published in SCR Journal, since its inception i.e. 1950 till date are available. The Judgments reported in SCR till 1993 also have head-notes. The judgments reported in SCR in 1994 and later have only text of judgments with out head-notes. For any case of robbery the crime & Punishment has been decided by law. Bhakti Naidu-  daughter of Surendra Naidu , Student of BCA Indira College of Commerce (at time of crime register when she was caught) for stealing Nokia Mobile, Using IDEA SIM for calling two men minutes after stealing. In her crime record - Indian Penal Code in her name . Section 379, punishment for theft. Whoever commits any theft shall be punished with imprisonment of either for a term which may exceed to three years, or with fine, or with both.The case was caught by Pune Police department. National Crime Record Bureau contains - All the crimes, criminal records with name, address, details of criminals are accessible to police, judiciary, citizens of India, World. 

 

An FIR is a very important document as it sets the process of

criminal justice in motion. It is only after the FIR is registered in the

police station that the police takes up investigation of the case. In this case the FIR was lodged for Mobile theft (with SIM, where mobile number was given to the police while registering FIR ). The procedure of filing an FIR is prescribed in Section 154 of the Criminal Procedure Code, 1973. You should sign the report only after verifying that the

information recorded by the police is as per the details given by you.

People who cannot read or write must put their left thumbimpression on the document after being satisfied that it is a correct record. Always ask for a copy of the FIR, if the police do not give it to you.It is your right to get it free of cost. you mention in the FIR- Your name and address; Date, time and location of the, incident you are reporting (It was Indira college of commerce, during BCA exams Wakad, Pune) . A police caught offence is one in which the police may arrest a person without warrant. They are authorised to start investigation after the FIR on their own and do not require any orders from the court to do so.

 

The laws were intended as a means of limiting and eventually abolishing prostitution in India by gradually criminalizing various aspects of s*x work. The main points of the PITA are as follows. WHY DO PROSTITUTES USE STOLEN SIMs OR SIMs with fake IDENTITY: A prostitute who lures or solicits shall be prosecuted. CALL GIRLS cannot publish phone numbers to the public. (Imprisonment up to 6 months with fine, point 8) Sex worker also punished for prostitution near any public place or notified area. (Imprisonment of up to 3 months with fine, point . Any adult male  acting as a mediator  or living with a  prostitute is termed as Pimp (Imprisonment of up to 2 years with fine, point. )

 
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