Advocate Ankit Sahni

Questions Answered by Advocate Ankit Sahni

Q: Ill Treatment after leaving Genpact

Hi Sir/madam My Name Is Amit Kumar Pandey and i was working with Genpact for almost 4 Years .However ever due to more leaves Genpact had terminated my services and then they gave me relieving letter instead of termination .This letter was provided me to avoid termination procedure as they had to pay three months advance salary. Now when i joined a new company then they gave a negative feed to my current employer that due to performance issue they had to ask me to leave which was complatelty incorrect.As i was top performer in Genpact and feedback was being closed on monthly basis as very good performer.Instead of mentioning the reason for leaving was leaves they are giving worng feedback about my performance .Now i have sent several mails and also contacted to Exit team to rectify and correct the error but nither HR nor exit team is helping me .Now please suggest me how do i proceed leagaly ,because this will be a negetive mark on my carrer .

Advocate Ankit Sahni answered
You may file a suit to seek damages for defamation and seek injunction relief against Genpact to prevent Genpact from making public and/or sharing with a third party libellous content about you which has the consequence of damaging your reputation.

Q: Can a practicing lawyer become a shareholder in a business

can a practicing lawyer become a shareholder of a business. can a practicing lawyer become a shareholder and the general counsel of a business.

Advocate Ankit Sahni answered
These are two separate questions. The answer to the first one is YES. Advocates aren't prohibited from investing in the equity of a company. Nor are they prohibited from receiving income from dividends. The answer to the second question would depend on various factors. One such factor could be whether an advocate when engaged as a 'General Counsel', as you put it, is a salaried employee of a company or a retainer; Is the engagement exclusive; How long is the tenure of such arrangement; etc.

Q: My company's name is same as company in US want to know legal effect

I have a doubt regarding similar company names. For explaining my situation I am using other companies names. One company in India has been registered in India with the name "onestopconstruct" and someone in USA also has company with similar sounding name "onestopconstruction". They both are dealing in same field and even selling same products. So In this case What should I must do. Thank you.

Advocate Ankit Sahni answered
You must be cautious in using the same as you may be held liable for infringement and/or passing off with regard to the business/trade name of the US entity, if the US entity pursues the matter in India. Transborder reputation is well recognised in Indian courts, meaning thereby that even if the US entity does not provide its goods and/or services in India, it may still succeed in a claim for infringement and/or passing off, especially if the US entity has registered its trading name as a trademark in India. On a separate note, you may be able to defend your adoption and use of the deceptively similar trading name/mark if the same is descriptive of the goods and/or services that are being provided.