Advocate Kriti Deshpande

Questions Answered by Advocate Kriti Deshpande

Q: Validity of a contract to write a script with producer not paid money

Sir, I'd been contracted by a film producer to write a film script on an idea developed by me in April 2012. I had furnished a draft in June. Since then there have been no movement on the script, neither I've been paid the contracted amount which was to be paid in stages, But since the production stag never arrived, I wasn't paid any more than the advance, about twenty percent of the total amount. There's also a clause in the contract that the producer shall have the rights in the said work in perpetuity. Kindly let me know if the contract is still binding on me after five years.

Advocate Kriti Deshpande answered
The contract would be binding on you, unless it is terminated earlier or the term specified in the contract has expired. It would be similarly binding on the film producer as well. Hence, if he has committed any breach of contract, you can initiate action against him. We will have to peruse the contract to check if the producer has committed breach of any payment terms.

Q: How to get fresh Birth Certificate with corrected Name

My child was issued Birth Cert with only First name. The Surname is Missing. Child has passport and Aadhar card with full name (First Name and Surname). How to get a fresh Birth Certificate issued by the Ward office with childs Full Name? Is a court order required for this? If yes what is process?

Advocate Kriti Deshpande answered
You will have to get it corrected in the records of the Municipal Corporation in which the birth was originally registered. Specifics of the procedure would depend on location of birth, as each state has its separate rules in this behalf.

Q: Paid for flat booking now want to recover money back from builder

Dear sir/ma'am, I had paid 2 lakhs to book a flat in nalasopara west now its been more than 4 months they r not doing anything now i wanted to recover my money back from them pls suggest.

Advocate Kriti Deshpande answered
You have legal remedies against the builder. The newly enacted Real Estate Regulation Act (RERA) seeks to protect customers against malpractices by builders. However, we would need clarity on following aspects: did you pay the amount in cash or cheque? Was any receipt given for the same? Have you executed any agreement at the time of payment? Is there any written promise given by the builder regarding project completion.

Q: Want to manufacture cosmetic products what all licenses needed

Hello, I want to manufacture cosmetic products. Which licenses do I require? Please let me know what is required to get the license.

Advocate Kriti Deshpande answered
You would primarily need licenses under the Drugs & Cosmetics Act, 1940. These would be license under Form 32 for manufacture and distribution of Cosmetics. Besides, there would be other generic license requirements such as factory license, GST registration etc. Specific advise advise on this can only be given after understanding your business model and your location.

Q: Recovery of disputed payments from large scale industry.

We are not economically capable to fight genuine arbitration case for recovery of dues pending since many years ,from large scale organisation. Is their any NGO's that support such cause economically and legally?

Advocate Kriti Deshpande answered
You may want to use the offices of industry bodies/chambers of commerce in this behalf, if litigation/arbitration is not feasible. Is your business registered under MSME Act? That would give you added leverage. Whether litigation/arbitration is feasible, should actually depend on the amounts due. There are several legal remedies to recover amounts, if you choose so. I will need further details, if a specific advise is required in this behalf.