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Messages - rajgopal sripathi

Pages: [1] 2 3 ... 19
1
Marriage / Re: Regarding My Daughter
« on: September 27, 2016, 09:19:39 AM »
Hi
your daughter's case is a fit case of domestic violence.
Your daughter should file a case of restitution of conjugal rights under sec 9 of Hindu Marriage act.
If you have any suspicion that your son in law is planning to migrate to USA so as to avoid your daughter and his marriage with your daughter, you may also file a dowry case under section 498A at the police station.
Once the criminal cases are filed, an intelligent lawyer will help you derail the overseas plans of your son in law.
hope this helps.

2
Marriage / Re: inter religion marriage
« on: September 27, 2016, 09:14:49 AM »
Hi
1) If both of you are belonging to different religions you can register your marriage under special marriage act.
Even if the girl converts to hinduism before marriage still the marriage has to be conducted under special marriage act and not under hindu marriage act as Kerala high court in the case of Shaiju M  v Ashwathy Raveendran   had said that marriage preceded by conversion - as a means to facilitate the marriage - will be deemed invalid before the law unless and until the marriage was solemnized under the Special Marriage Act,

2)Special Marriage Act, 1954 provides for solemnisation of marriages in accordance with the provisions of the Act. SDMs/ADMs/Deputy Commissioners/ Sub-Registrar's  have been authorised as Marriage Officers for this purpose.
For solemnization of marriage, presence of both parties is required after submission of documents of issuance of notice of intended marriage. A copy of the notice is pasted on the office notice board by the ADM. Any person may within 30 days of issue of notice , file objection to the intended marriages. In such a case, the SDM shall not solemnise the marriage until he has decided the objection, within 30 days of its receipt. If the ADM refuses to solemnise the marriage, any of the parties may file an appeal within 30 days to the District Court. In case no objection is received, the ADM solemnises the marriage after 30 days of the notice. Both parties alongwith 3 witnesses are required to be present on the date of solemnisation of marriage. It is advisable to submit names of witnesses atleast one day in advance.

3) If you are solemnizing your marriage under special marriage act, it is highly likely that your family members might not accept it and might break you away from your HUF. However there is no law which states that your HUF status will break if you marry a girl from other religion.
Hope this helps.

3
Hi
You would be infringing copyright in two areas: (1) the actual recording of the karaoke track would almost certainly be protected by copyright and (2) the music part of the composition which is still protected by copyright.

However if the music is given by  a   composers and musicians under Creative Commons licenses (http://creativecommons.org/) or under the musician’s own terms (e.g., ‘not for commercial use’) then you will not be liable for copy right infringement.

Parody involves the deliberate imitation of a work, usually in order to make fun of it or comment on it in some way. It is considered a form of derivative work—meaning something based on an existing work. In India , parody can be considered a form of fair use if certain conditions are met and is thus protected from copyright claims from the owner of the original work. In India, a parody can be considered to be fall under fair use if the new work can be interpreted as a comment or criticism of the existing work.

Parody becomes an even more troublesome concept when music is concerned. Most music parodies make fun of the performance style of the performer and the lyrics of the song; however, the actual music (the melody and harmony) remains unchanged. Thus, although the performance and lyrics are imitations, the music—which is also protected by copyright—is not. One key factor would be the extent to which the purpose of the original performance has been changed

4
Criminal laws / Re: ACB Case: Trapped a government official for revenge
« on: September 22, 2016, 08:56:33 AM »
Hi
There are two things here.
First in the charge sheet if the hands of your father has not been tested for Phenolphthalein Test, then your father will be acquitted in the case.
Mere presence of phenolpthalien in the shirt is not grounds for proving that your father took the bride.
Also if the CD (proof of conversation between your father and the complainant) is not mentioned in both the FIR and Charge sheet, then the CD can never be considered as evidence.
By the way was there any departmental proceeding against your father and what was the outcome of the same.
For preparing your defence, we need to see the copies of FIR, Charge sheet and the evidences so presented by the ACB to the court.
From what you said(thrusting of money in the shirt pocket) and also that from you said, in all likelihood, there is no evidence of your father demanding bribe in the first place.
Hope this helps.
Rajgopal

5
498A IPC / Re: Information regarding 482 quash petition
« on: September 22, 2016, 08:44:09 AM »
Hi
Since the case is filed in Allahabad, the jurisdiction will be at Allahabad courts only.
High court of Hyderabad will not have the jurisdiction to quash the petition under section 482.

6
498A IPC / Re: False 498a Domestic Violence
« on: September 22, 2016, 08:40:10 AM »
Hi
You do not need to worry.
If the police complaint has been filed, but FIR has not been filed, it means police is also skeptical of the claims of your wife.
Ensure that you have a lawyer whenever you go to the police station for counselling and also do not miss the counselling sessions.
If you have not taken any dowry, then you do not need to worry at all.
Keep all of the marriage expenses records handy and police cannot arrest you when you are supporting the counselling and based on false charges.
If the wife is asking for One time settlement of Rs40Lakhs, that claim is by itself ample proof that your wife is abusing the process of law and that too with the help of police.
The mere fact that the girl is harassing you on false charges under 498A will get you a divorce.
Also since your wife left you after 40 days of marriage and also that she has deserted you for the last 1 year 6 months, the courts will be inclined to listen to your views patiently and considerately.
No worries.

7
Marriage / Re: Mental harassment by wife
« on: September 09, 2016, 03:44:40 AM »
Hi
Once you join the job and then take care of her financial needs things will settle down.
it is the financial insecurity in the person that is cause of disagreements.
you need to demonstrate that you are committed to the marriage and will take care of all of financial, social, personal needs of a woman.
join the job and establish yourself as a good husband.

8
Hi
The query is generic in nature.
However top things that come in to mind are
1) Always ensure that founders do not  dilute  more than 20-25% to Investors during a Series A round.
2)  Please do your due-diligence on the Investors you are taking the funds from, make sure you talk to their portfolio companies and even senior level employees within these firms. Ensure the referral loop includes the so called duds in their portfolio.
3) The red flag would be if you get to hear stories of co-founders being arm-twisted out of their equity or, even their jobs. In which case think hard about how desperate you are for the funds on offer.

4) Term sheet- The most important one.  Normally a term sheet will comprise of TERMS such as Financing Amounts, Valuation, Special Rights(Drag Along,Tag Along, Pre-emption), Exit Issues, Anti-Dilution – Full Rachet / Weighted Average, Liquidation Preference,  Protective Provisions (Veto) AND Conditions Precedent. TO know what each terminology means to the founders, the company and also the business, you will need to engage a lawyer who is conversant with all of the above right from the time you are planning to talk to VC's,, PE....

5) Also Typical Legal Documentation at the time of engaging with a PE/VC includes Investor’s Rights Agreement (IRA), Share Subscription Agreement (SSA), Amended Articles of Association / Memorandum of
Association, Employment Agreements (for key employees)

Hope this helps




9
Partnership / Contract laws / Re: Fraud
« on: August 22, 2016, 09:20:40 AM »
Hi
better to pay the rent to the owner and get your machine outside.
The person who arranged the machine can file a case against other friends and claim compensation.
the case can be both civil and criminal.
once a criminal case is filed, the victim can go abroad. but accused need to face the trial.

10
Hi
Answer to your query
1) You can write software and sell it abroad. No service tax registration or VAT registration is required as these are export income.
2) It is better to start a sole proprietorship firm and have it registered(will cost Rs3500) and also obtain import-export license (will cost Rs3000) as you are likely to earn in foreign exchange. However you can also in your individual capacity export the software and have the money remitted in to your SB account. But once the income exceeds 5000USD, it is better to start a sole proprietorship firm.
3) Once you have the firm and IEC licence in place, you can open a bank account and deposit the foreign exchange in this account.

4) If you have a sole proprietorship firm and also have a valid IEC license and also have export invoices, your Income tax will be 7.65% only.  In case you are receiving software export income in your personal savings account, you will be liable for 33% Income tax.

if you foresee an annual income of more than USD10000-/- better to have a sole proprietorship firm along with IEC code.
Hope this helps

11
Company laws / Re: Directors right in a limited company
« on: August 22, 2016, 09:04:57 AM »
Hi
There is a huge responsibility on a person who is appointed as a director in a limited company.

You can under Section 209(4) in The Companies Act, 1956 ask the company to submit to you the  books of account and other books and papers for inspection.

If your request is not obliged, you can move the National Company Law tribunal or the High court to direct the other directors to submit the Book of accounts.


12
Hi
Now that you have obtained a favourable order, you have to file an execution petition for the order.
Since you have the order against tenant 2, it will be binding on tenant 3 also. so no worries
file an EP petition and then get the tenant vacated from your property.
No worries.

13
Property laws / Re: Daughter rights to claim on property share
« on: August 22, 2016, 07:03:59 AM »
Hi
I presume you are hindu's and hence Hindu succession laws will be applicable to you.

if your father in law has landed properties and bank balances and died without leaving a will, your wife claim a share of these land and bank balances as a legal heir.
With reference to the house, since the house is in your mother in law's name, your mother in law can deal with the property in any which manner she so desires.
So, first your wife has to issue legal notices for the properties that were on your father in laws name and ask for partition of properties and bank balances.
If there is no favorable response, then the option will be to file a suit for partition in court.
Hope this helps

14
Property laws / Re: Property
« on: August 22, 2016, 07:00:23 AM »
Hi
According to Section 14 of Hindu succession Act, a property in possession of a woman is her absolute property and she can deal with the property in any which manner so desired by her.
Your mother can sell her share of property to whomsoever she wishes.
As a guardian of your son, you can sign the sale deed along with your mother, brother and sister.
The challenge is if your son is staying with your ex-wife, then she can challenge the sale as a guardian and next friend of the minor son.
So the best option would be to keep the 10% share of the sale proceeds in a bank fixed deposit in the name of the son.
Even if your ex-wife goes to court, you can always showcase the Fixed deposit in the name of the son and get her legal claim nullified.
Another option would be to go to court and take court permission by stating that 10% of sale proceeds will be kept in bank fixed deposit in the name of son and then go ahead of the sale.
Better to go with option 1 wherein you sign the sale deed, park the 10% of sale proceeds in the name of the son and if challenged in court produce the fixed deposit as proof.
Hope this helps.

15
Property laws / Re: Notice Period for Residential flat...
« on: August 08, 2016, 09:59:44 AM »
Hi
If the land lord asks to you vacate in 1 month, you should write to him and request for atleast 3 months time.
Since you have been a tenant for last 4 years, the land lord should give you a vacation notice in writing and should oblige in case you request him for 3 months notice .
Yes. you can write to Income tax commissioner for evasion of taxes. if your information leads to recovery of unaccounted money from your land lord, the government might also reward you to a small extent.

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