Advocate Dixit Mehta

Questions Answered by Advocate Dixit Mehta

Q: GST related query on pricing. How is it determined.

Sir just want to know even after mentioning on product inclusive of all taxes company will charge gst and if they will charge then why does they mention inclusive of all taxes

Advocate Dixit Mehta answered
Company can not charge GST over and above MRP. It is an offence under legal metrology act and you have inherent right to approach the consumer court for the damages. Further there are other commercial laws which bars such conduct. Recent notifications of ministry of kaw and justice have specificly embark such action as punishable conduct.

Q: How to deal with cheque bounce case

i have given someone friendly loan of 1,50,000 in 2015 and that guy promised me to return back in equal installments but that guys is not returning my money back. I have one cheque, if i deposit it to the bank, it will get bounce. Please guide me how much time it will take and what will be fees of Advocate. He is serving police officer in government job. He is using his powers for not paying my money. I am very tired and depressed.

Advocate Dixit Mehta answered
This is an offence under the negotiable instrument act. You are advised to serve them a legal notice for cheque bounce on immediate basis. Thereafter, if they still fails to pay you, you should file a criminal case.

Q: How to go about company registration

I am currently an undergraduate student and I wish to have my own event management company. I will be sole founder of the company and will later join in some students of my college, as interns. I do not know much about the registration process. I have searched on the internet through various sources, but all of it has left me all the more confused. I have read somewhere that if a company is a sole proprietorship type, registration is not required. Am I right? Also since one of the major functions that would be performed by me would require sponsorship/external project partnerships, is it still not necessary for me to register my company. If not registering my company, what other documents/ registrations are required by me, so that the sponsors do not question me about any of the legal procedures, in the future. Please guide me. It is very important for me and would be very kind of you, if you could help. Thanks in Advance.

Advocate Dixit Mehta answered
In case of proprietorship firm, registration of company or partnership is not a parameter. Based on your services secure a Trade Mark of your brand, MSME Registration and obtain a service tax number to secure your business and ensure the registration. However, initially secure the name through trade mark registration.

Q: Stay From High Court For Cheque Bouncing Cases Police Report Submited

I wants a Help to Stay for High Court for Cheque Boucing Cases form Different Names and Person. Police report Submitted in Favour of Me that all cheque are fake . The account is also fake and the police step against Bank & bank employee and all persons for fake account and Cheques. i want to stay from High Court for all cases. Plz Suggest. Give Example. M: 9888312798

Advocate Dixit Mehta answered
You need to disclose the stage of case at trial Court. Thereafter, you can decide , whether you want to approach before the High Court. Whether summons has been issued and you wanted to go in revision, whether it is on evidence or argument stage.

Q: Should copyright be done before the presentation of the article

I have filed a copyright for an innovative design for a chocolate box packaging. now i am willing to discuss about this to a chocolate manufacturing company. I want to ask, should i file for design patents before disclosing my design to them, or is it fine that i have a copyright for it under artistic design category. copyright under artistic category would protect my chocolate box design or , should i file it under design patents?

Advocate Dixit Mehta answered
Patent is for innovation and technology, your work can be secured under the provisions of the Designs Act. Copy Right Protection is fine too, you can also secure the color combo or may give a name to your innovatio and secure it under Trade Mark also. For any negotiations, it is always recommended to secure the IPR work, as it will give a legal weightage to yiur claim.