Medical examination of accused under section 53 Cr.P.C.

 

MEDICAL EXAMINATION OF ACCUSED

UNDER SECTION 53 OF Cr.P.C.

District:                                                                                   Police Station:

FIR No:-                                                                                             Date: 1X.0X.201X

 

DETAILS OF ACCUSED:

1.        Name:

2.        Age:

3.        Sex:

4.        Time:

5.        Date of Examination:

6.        Name of Medical Practitioner:

GENERAL PHYSICAL EXAMINATION

1.        CLINICAL HISTORY:

2.        BLOOD PRESSURE:

3.        BLOOD TEST:

BLOOD GROUP:

INTAKE OF ALCOHOL:

SEMEN SAMPLE:

4.        INJURIES

ANY MENTAL INJURY:

ANY PHYSICAL INJURY: 

 

OVERALL CONDITION:

STATUS:

 

 

 

Sd/-

(_________)

MBBS, MD

 

 

Indemnity Bond

 

INDEMNITY BOND

 I, _____________________., S/o _________________.  Residing _________________________
_______________________________________________________________________________ Contact No +91--______________ do hereby solemnly affirm and declare as under:

1) My PAN is: _________________.

2) I am regularly assessed in your ward/jurisdiction with PAN: __________________.

3) I have only one PAN i.e. __________________ which is used for last many years for filing my income tax returns.

4) I do not have any other PAN (___________________) with me, if any allotted in your records, kindly deactivate the same.

5) I undertake to indemnify the income Tax Department for any loss that may be caused in the future.

 6) Kindly activate my PAN: _________________. & Kindly deactivate my PAN: ___________________.

That the above statements are true and correct to the best of my knowledge and belief.

 (Deponent)

Place: Mumbai.

Date: 07/10/2017.

VERIFICATION

Verified at _____________________, Mumbai, on this ________day of ___________, 20_____.

That the contents of the above affidavit are true and correct to the best of my knowledge and belief.

No part of it is false and nothing material has been concealed there from.

 (Deponent)

Place: Mumbai.

Date: ____/____/20____.

 

Employment Agreement

 

 EMPLOYMENT AGREEMENT

 

This EMPLOYMENT AGREEMENT (Hereinafter, the “Agreement”)is entered into on the ___ day of _____, ___, by and between ___, a private limited company incorporated under the Companies Act, 2013, having its registered office at _____ (hereinafter referred to as the “Company” or “Employer”), and ____ son of ____ aged ___ years and residing at _____ (hereinafter referred to as the "Employee").

 

In Consideration of this mutual understanding, the parties agree to the following terms and conditions:

 

1)      Employment

The Employee agrees that he or she will faithfully and to the best of their ability to carry out the duties and responsibilities communicated to them by the Employer. The Employee shall comply with all company policies, rules and procedures at all times.

 

2)      Confidential Information

As used in this Agreement, "Confidential Information" refers to any information which has commercial value and is either (i) technical information, including patent, copyright, trade secret and formulae related to the current, future and proposed products and services of Company, or (ii) non-technical information relating to Company's products which includes pricing, finances, financial and accounting data and information, purchasing data, sales and marketing plans, future business plans, and any other information which is proprietary and confidential to Company.

 

3)      Nondisclosure

Recipient will maintain in confidence and will not disclose, disseminate or use any Confidential Information belonging to Company, whether in written form or not. Recipient agrees that Recipient shall treat all Confidential Information of Company with at least the same degree of care as Recipient accords its own Confidential Information. Recipient further represents that Recipient exercises at least reasonable care to protect its own Confidential Information. If Recipient is not an individual, Recipient agrees that Recipient shall disclose Confidential Information only to those of its employees who need to know such information and certifies that such employees have previously signed a copy of this Agreement.

 

4)      Position

Upon execution of this Agreement, the employee would be posted as the Assistant Marketing Manager of the Company.

During the term period of this Agreement, the Company may change the employee's above mentioned post (or position) or location based on the Company's production, operation or working requirements or according to the employee's working capacities and performance, including but not limited to adjustments made to the employee's job description or work place, promotion, work transfer at the same level, and demotion, etc., or adjustments made to the employee's responsibilities without any change to employee's post (or position).

 

5)      Place of Work

The employee agrees to work in the Vanasthali branch of the company. Also, the employee agrees to work at any other site in India that the Employer may deem to be applicable to complete the work.

 

 

 

6)      Work hours

Service hours will be from 08:00 am until 17:00 pm on weekdays and the employee is expected to work half day on Saturday.

 

7)      Salary

The Employee shall receive annual salary, payable in monthly or more frequent installments, as per the convenience of the Employer, an amount of Rupees 10,00,000 per annum, subject to such increases from time to time, as determined by the Employer. Such payments shall be subject to such normal statutory deductions by the Employer.

 

8)      Leave Policy

The Employee is entitled to Ten (10) days of paid casual leaves in a year and Ten (10) days of sick leave. In addition, the Employee will be entitled to Five (5) public holidays mentioned under the Leave Policy of the Employer.

 

9)      Termination

This agreement may be terminated by either party by giving a one month’s written notice of termination of service the one to the other.

 

10)  Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Companies Act 2013. Each party hereby irrevocably submits to the exclusive jurisdiction of the courts of Dehradun, for the adjudication of any dispute hereunder or in connection herewith.

 

11)  Separability

The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any of them becomes invalid or unenforceable in whole or in part.

 

 

 

12)  Duration of Employment

The term of the employment will be of 1 year and shall be renewed based on the performance evaluation at the end of the term.

 

IN WITNESS WHEREOF, IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates written below.

 

    ______                                                                                                      _____

(Employee)                                                                                         (The Employer)

 

Name: ________                                                                               Represented By: _____                                                                                                                      Designation:      _____

Date – ______                                                                                              Date – _______

 

 

 

 

 

Non Disclosure Agreement

 

The non- disclosure agreement is entered between parties to prevent the disclosure of any information shared between them. The agreement can be both unilateral or bilateral. The agreement template below is a unilateral agreement, between the Advocate and the client.

The Non-Disclosure Agreement is also called “Confidentiality Agreement”.  There are certain pre requisites to this agreement.

1)      All information which is not to be disclosed, has to be clearly and unambiguously mentioned.

2)      The agreement must be understood and consented by the parties.

3)      The agreement must not be too rigid and should be reasonable.

4)      In order to prevent long years of court battle in the case of a dispute, the clause of arbitration or mediation should be added.

 

                              Non-Disclosure Agreement

 

The Non- disclosure agreement (the “Agreement”) is made on 22 July 2020 between John Doe ("Disclosing Party") who is arrested under sections ___ of Indian Penal Code

                   

AND

The Advocate Jane Smith ( “receiving party”)  who is the counsel for the defendant in the case of _____ v _______  ( AIR 2020 SC 455).

 

 

The disclosing party and the receiving party shall be hereinafter be referred to as Doe and Smith respectively.

 

The parties enter into an agreement to prevent the disclosure of any sensitive information by the Smith, that she receives during the course of her duty.Therefore, the parties agree as follows;

 

1.      “Confidential Information” for the purpose of this agreement, the confidential information shall mean and include any information disclosed by one Party (Disclosing Party) to the other (Receiving Party) either directly or indirectly, in writing, orally, or by inspection of tangible like documents, media etc. Confidential Information may also include information disclosed to the Receiving Party by third parties on behalf of the Disclosing Party.

 

2.      “term of Confidentiality”: The term of confidentiality is for an indefinite period and Smith is never allowed to reveal any information that is not in the public domain and which she has received in lieu of her position as the defending counsel of Doe.

 

 

3.      Parties clause: Any confidential information received by Smith, shall be deemed to be known to the employees of Smith and they will be held to be equally bound by the terms of this Agreement. (Section 127 of Indian Evidence Act)

 

4.      Use of Confidential Information:

 

4.1    Smith can use the information received, to defend Doe during trials. However, no information received can be used against him in Court proceedings.

4.2    Smith is not allowed to divulge any information to the opposite party in the case that she receives during the course of her duty.

4.3    Smith is not allowed to use the information in anyway which favours the case of the opposite party.

 

5.      Exclusionary clause : The Confidential information shall not include;

 

·         Information that is already public knowledge.

·         Information that is independently developed or discovered by the receiving party in the course of his employment in regard to any crime of fraud committed since the commencement of his employment (Section 126 of Indian Evidence Act)

·         Any information made in furtherance of any Illegal Act. (Section 126 of Indian Evidence Act)

·         Information that the disclosing party has already given the recipient consent to disclose.

·         Any other information that both parties agree in writing is not confidential.

·         If the party calls upon the Advocate or the receiving party to be a witness and Court and questions her on the subject matter.

6.      NDA Arbitration clause :

 

 This Agreement shall be governed by the laws of India. Both parties irrevocably submit to the exclusive jurisdiction of the Courts in Delhi, for any action or proceeding regarding this Agreement. Any dispute or claim arising out of or in connection herewith, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of Procedure of the Indian Arbitration & Conciliation Act, 1996, including any amendments thereof. The arbitration tribunal shall be composed of a sole arbitrator, and such arbitrator shall be appointed mutually by the Parties. The place of arbitration shall be Delhi, India and the arbitration proceedings shall take place in the English language.

 

7.      Severability

The parties agree that if any portion of this agreement is held to be unenforceable or considered by Court to be invalid, then the said clause shall be struck down and the remaining provisions shall remain in force.

 

  8.Return of Confidential Information received

The receiving party shall return all papers, documents, recordings received in relation to the case, once all appeals are exhausted and the final decree of the Court is received.

8.      In case of termination of contract of employment

In a situation where the contract of employment between the Advocate and the client is frustrated, Smith shall not the have authority to reveal any information received during the period in which she was employed.

 

9.      In case there is an escape of information

 

Where, the information is given to Smith in confidence, and it happens to escape out of her office, whether or not she has notice of it, she will be held liable and will be responsible for any damage that occurs due to the leak of information.

 

10.  Strict Liability

Smith will be held liable for any information, which is transferred by her employees, in the course of their employment.  The liability will be governed by the principle of “Employer- Employee” relationship.

   11.Non-Obstante clause

Nothwithstanding anything contained in clause 6, incase Smith is of the opinion that, the disclosure of certain information is beneficial to the case of Doe, then any information revealed, shall not be held to be a breach of agreement.The act of good faith shall be determined by the Court of Appropriate jurisdiction.

 

This Agreement and each party's obligations shall be binding on the representatives, assigns, and successors of such party. Each party has signed this Agreement through its authorized representative.

Disclosing Party By: ____________________ Printed Name: ___________ Title: __________________ Dated: _________________

Receiving Party By: ___________________ Printed Name: __________ Title: __________________ Dated: _________________

 

 

Internship Agreement

 

INTERNSHIP AGREEMENT

This INTERNSHIP AGREEMENET made as of the__________ (effective date), by and between _____________________(Company) and _____________________(Intern), collectively “the parties”.

The purpose of this internship is for intern to gain practical knowledge and valuable insight and experience and the company is willing to grant intern an internship and it seeks to obtain benefit of the service of intern.

The parties, IN CONSIDERATION of the mutual promises, conditions and covenants contained herein, hereby agrees as follow:

1)      “Term”:- This agreement shall commence upon the effective date, as stated above and will continue until ______

2)      “Compensation”:- The parties agree this is an unpaid internship in that intern will not be financially compensated for duties performed at company.

3)      “Internship position title, duties and responsibilities”:- Intern shall work as ______, and is required perform following duties and undertake following responsibilities in a professional manner.

a)      __________

b)      __________

c)      __________

d)     __________

4)      “Benefits”:- The perks offered to the intern by the company include “Certificate” and “Letter of Recommendation”.

5)      “Probation Period”:- The parties agree that the _____days of the internship shall constitute a probationary period during which period the company may, in its absolute discretion, terminate the internship, for any reason with or without notice.

6)      “Confidentiality”:-  During the course of this Agreement, it may be necessary for Company to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to Intern in order for Intern to complete the Duties and Responsibilities. Intern will not share any of this proprietary information at any time. Intern also will not use any of this proprietary information for his/her personal benefit at any time. This section remains in full force and effect even after termination of the Agreement by it’s natural termination or the early termination by either party.

7)      “Intellectual Property”:- Intern agrees that any content provided to Intern by Company in order to perform Intern’s Duties and Responsibilities, including but not limited to, images, videos, and text, copyrights or trademarks, remains solely owned by Company. Intern agrees that any content provided by Intern to the Company in the course of performing Intern’s Duties and Responsibilities, including but not limited to, images, videos, and text, copyrights or trademarks, is solely and legally owned by Intern, but Intern grants Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such content in connection with Intern’s Duties and Responsibilities. Any materials developed by the Company, making use of the content, remains the sole property of the Company. Any work product Intern may create during the course of this Agreement remains the sole property of Company.

8)      “Termination”:- This Agreement may be terminated at follows:

a)      __________

b)      __________

c)      __________

Upon termination, Intern shall return all Company content, materials, and all Work Product to Company at its earliest convenience, but in no event beyond thirty (30) days after the date of termination.

9)      “Representations and Warranties”:- Both Parties represent that they are fully authorized to enter into this Agreement. The performance and obligations of either Party will not violate or infringe upon the rights of any third-party or violate any other agreement between the Parties, individually, and any other person, organization, or business or any law or governmental regulation. Intern further represents that he/she is duly authorized to work in India and is of legal age to work.

10)  “Limitation of Liability”:- Under no circumstances shall either party be liable to other party or any third party for any damages resulting from any part of this agreement such as, but not limited to, loss of revenue or anticipated profit or business, costs of delay or failure of delivery, which are not related to or the direct result of a party’s negligence or breach.

11)  “Severability”:-The Parties agree that if any portion of this Agreement is held to be unenforceable or invalid then said article or part shall be struck and all remaining provision shall remain in full force and effect

12)  “Entire Agreement”:- The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.

The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:

 

“COMPANY

Signed: _____________________________________

 

By: ________________________________________

 

Date: _______________________________________

 

“INTERN”

 

Signed: _____________________________________

 

By: ________________________________________

 

Date: ______________________________________