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Farm Equipments Vs. Greenfield, Madras High Court 2006 (32) PTC 343 (Mad)
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In the present scenario, in the age of globalization and technological boom where the economy is getting high tech and day by day more competitive, knowledgeable and savvy employees are inevitable. Looking at the present market situation, employees are becoming less loyal towards their company in comparison with the past few decades. Frequency of employees changing companies have , sometimes they leave their jobs and work for competitors or for themselves. Hence in this changing climate, it has beco...
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...etriment to the employer, to which the employee had access in the course of service. The court referred to the judgment of Market Investigation Vs. Ministry of Social Security and held that four fold test of control, ownership of two, chance of profit and risk of loss determine whether the relationship was contract of services or contract for services. In the said judgment an associate attorney of a law firm walked away with data pertaining to the clients’ list and their address details. While issuing an interlocutory injunction, the court held that there was a case of breach of trust or confidence made out. The court further held that a court must step in to restrain a breach of confidence independent of any right under law. Such an intention need not be expressed but be implied as breach of such confidence is independent of any other right as stated above.
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