Advocate Nakul Batra

Questions Answered by Advocate Nakul Batra

Q: Can Software company send me notice for using software w/o purchasing

Should I buy a software license for using my some freelance work ? I am doing job with some part time freelance work. I downloaded software from internet. I am single user not a company of many employees. Can Software company send me notice for using their software without purchase ? That software price is very high and I am not earning equal to that software price in 1 year. I have my portfolio website also where I uploads my some work samples to get some freelance work.

Advocate Nakul Batra answered
The answer to your query depends upon the terms and conditions of the software licensing agreement.In general, the user agreement or license agreement provides that that you can use the software for education/personal purpose without utilising the same for commercial benefit to the user. In order to address your problem, the license agreement has to be reviewed to ascertain whether a genuine claim has arisen or not.Thanks,

Q: Change in managerial position of opposite party on basis of a contract

Can one company while entering into contract with another company ask for a certain person from that compnay to head the day to day operations and If such a clause is drafted in the contract can it be enforced are there any precedents or examples for the same

Advocate Nakul Batra answered
Yes. Such a clause is enforceable under law. However, the consequences of failure to perform the contract would be set out in the contract and the non-compliance of the same will be dealt under it. The other party may also seek a specific performance of the contract if not otherwise provided under the contract.

Q: is there a legal procedure to split a private limited company

Hi, I have 50% shares and also am director in a private limited company. Due to some reasons, we want to split the company in equally in two parts. I would like to know if there is any provision to do so and if it's there what and how.

Advocate Nakul Batra answered
Hi,Legally, there is no way of splitting the company into 2 parts. However, the the result which you want to achieve by splitting the company is possible and can be legally structured in terms of separating the business of the company into 2 by way of a business transfer, into another company or demerging the same business into another entity.There are other ways possible, which can discussed further in greater detail, upon understanding the problem and designed result.Thanks,NB.