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Queries Participated

Anonymous   24 April 2023 at 13:00

Royalty on trademark

To
The Fellow experts

Is there any standard rate for charging royalty for using trademark in India?
Here our company engaged another partnership Firm as Franchisee to use company's trademark on the specified products and pay royalty to our company for using trademark.
Regards
Abhijit

Anonymous   04 July 2022 at 11:24

Drafting application for compounding of offence.

To
The respected fellow experts

A Company (registered office at Delhi) proposed to made an application for compounding before tribunal.
The application made in A4 paper with printing on both sides of the pages.
But Advocate said it will not be accepted before tribunal as it is printed on both sides.
My query before the respected experts is:
Is there any rule(s) which made it mandatory to print only single side.
Regards
Abhijit

Anonymous   04 July 2022 at 11:14

Drafting application for compounding of offence.

To
The respected fellow experts

A Company (registered office at Delhi) proposed to made an application for compounding before tribunal.
The application made in A4 paper with printing on both sides of the pages.
But Advocate said it will not be accepted before tribunal as it is printed on both sides.
My query before the respected experts is:
Is there any rule(s) which made it mandatory to print only single side.
Regards
Abhijit

Anonymous   10 June 2022 at 11:42

Query on clause inserted in marketing agreement

To
The respected fellow experts
In our Company agreement made with various buyers where our company sale products to them on credit . One clause inter alia states that "price for the goods sold to be paid within 15 days from the date of delivery of the products".
But it was noticed by our marketing department that within 2 to 3 days from the date of delivery the buyer/customer placed a new order without clearing the payment due for earlier order.Due to this our debtors balance increase significantly .
My queries are :
Can we insert any clause where a time gap (say 20 days from the date of delivery of products to customer) restriction between 2 orders be imposed. So that payment due on previous order will released before accepting the new order from customer ?
and
If payment is due from customer for earlier order can the company refuse to accept subsequent order from that customer ? Although there is no such clause in the agreement.
Regards
Abhijit

Anonymous   24 May 2022 at 12:07

Succession matter

To
The respect senior experts
Mr A (died) and Mrs A have 3 sons X(male and died), Y(male ) & Z(female and married).

Mr. Y and Mrs.Z by giving a written declaration relinquish their right over a land that belong to their father Mr A(died).

Now my queries to the respected senior experts are :
Can Mrs A (widow of let Mr.A) by mutation transfer the entire land to her name?
If possible , then is any court procedure required for such mutation?
Regards
Abhijit

Anonymous   11 April 2022 at 15:40

Dispute resolving clause in an agreement

To
The respected senior experts
Sir
In case of agreement between our company and outsider, Arbitration Clause was normally inserted to settle any dispute.

Board of our company takes a decision that instead of going for settlement by Arbitration the company have to approach to the civil court . So in future there will be no Arbitration Clause.

I drafted the undermentioned clause which may be inserted in place of Arbitration Clause.

Now my query before the honourable senior experts that is the undermentioned clause is sufficient to refer any dispute before any Court of Kolkata including money Suit?

“ALL DISPUTES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT SHALL BE DEEMED TO HAVE ARISEN IN KOLKATA AND ONLY COURTS IN KOLKATA SHALL HAVE JURISDICTION TO DETERMINE THE SAME.”

Regards Abhijit

Anonymous   15 March 2022 at 13:16

Requirement of kyc

To
All senior respected experts
The Brief fact is:
The Company with which i am concerned have a guest house which they want to give on hire to organize various religious ceremony.
For booking of this house they use online booking and payment system.
The Company engaged a Payment Gateway Company to facilitate the above referred online booking and payment system.

That Payment Gateway Company give us a FORM called KYC wherein various details of the company are required to filled up.
When we ask them that "Is it mandatory, their reply is as per RBI guidelines it is."
But going through RBI guidelines on KYC their is no such compulsion of giving filled up KYC to any one (including a Payment Gateway Company).
Now my query is can anyone claim KYC from their customer(here from our company) by just referring RBI guidelines.
I think it is a vital issue because general customer is quite unaware of coverage of such guidelines.
Your views might be very helpful to us.
Regards
Abhijit


Anonymous   31 January 2022 at 17:10

Registration under ipr

To
The Respected senior professionals
Can a label of a product(fall under Class 31) be registered under Trade Mark act 1999 and under Copyright Act 1957(as amended) at the same time?
Regards
Abhijit

Anonymous   13 January 2022 at 15:45

Use of stamp paper in drafting an agreement

To
The respected fellow professionals
I have following queries related to agreements:
1. Is it necessary to draft an agreement ( eg for annual maintenance) in 1 plus 1 format ie both the sets in stamp papers for both parties or one original and another XROX copy is sufficient ?

2. Is it mandatory to initial each pages of agreement, in addition of signing last page of the agreement as done in general?
Can you kindly share your views

regards
abhijit

Anonymous   13 January 2022 at 15:41

Use of stamp paper in agreement

To
The respected fellow professionals
I have following queries related to agreements:
1. Is it necessary to draft an agreement ( eg for annual maintenance) in 1 plus 1 format ie both the sets in stamp papers for both parties or one original and another XROX copy is sufficient ?

2. Is it mandatory to initial each pages of agreement, in addition of signing last page of the agreement as done in general?
Can you kindly share your views

Regards
Abhijit