Outsourcing to India - A Legal Handbook by Bharat Vagadia

By Bharat Vagadia

This booklet bargains concise, digestible and correct felony suggestion to assist be sure an outsourcing deal promises on its promise. It additionally offers a record for corporations to make sure severe elements are thoroughly addressed inside of their agreement with the merchant.

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The primary source of law in India is through the enactments passed by the Parliament. In addition to these, the President of India and the Governor37 of each State have limited powers to issue ordinances when the Parliament is not in session. Most enactments delegate powers to the executive to make rules and regulations for the purposes of the Acts. These rules and regulations are periodically laid before the legislature (Union or State as the case may be). This subordinate legislation is another source of law.

Pretia Ex Machina? Prices and Process in Long Term Contracts”,, Journal of Law and Economics, Vol 34 (1991), 69-100. Elizabeth Sparrow, Successful IT Outsourcing, Springer Verlag (2003). Key Service Agreement Issues: Service Providers Checklist by Fred M. Greguras and David J. Barry, Fenwick & West LLP. 20 2. 1. Separation of assets and operations The “transfer of assets” agreement document, deals with the transfer, where relevant, of any real property, tangible assets, employees and Intellectual Property (IP), (the “Transfer Agreement").

The Tribunals have no power to administer equitable remedies or common law remedy since Tribunals are strictly not Courts but have only the trappings of Courts. Law Courts in India, on the other hand, can grant both equitable remedy and statutory remedy39. 1 Customs One of the other important sources of law is local customs. Custom is an unwritten law which expresses doctrine of justice and utility in the society. Family laws such as the Hindu Law or Muslim Law are enacted on the basis of tradition and one should be aware of the differences in customs and its implication upon the law and its interpretation.

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