Advocate Nischal Arvind Singh

Questions Answered by Advocate Nischal Arvind Singh

Q: Complaint against partner for threatening and not bearing losses.

Sir Ive created a partnership with one person for a call center project in which we comes under very big loss. And we have mentioned in our agreement that well face 60-40 percent loss and profit in which 60 percent will be his and now hes threatening me by saying that Ill have to bear all the loss by myself otherwise he has links in big courts by which he will put charges on me. So I need to know how can I get out of this as Im ready to pay my 40% of loss, but hes planning to do something else

Advocate Nischal Arvind Singh answered
Pls consult a lawyer, there will be many factors before saying anything like partnership agreement is registered and what communications etc, if agreement in place than he is liable to pay losses, but because this partnership firm so debtor of company can enforce and get their dues from any one of you as partners, if he is not reachable you will be responsible to pay. You can take the legal route to enforce your rights and ask him to pay, in short file a suit asap on him.

Q: Procedure for Matching making Services though Aadhar Verification.

Hello Team, We are on a verge of opening a match making services in India & we want to verify users through aadhar card. also, govt of India promoting dating or match making agencies to verify their users through aadhar hence have few questions : * Can we ask for a digital copy of aadhar * Can we also save that copy for future refrence in case anything goes wrong Thanks.

Advocate Nischal Arvind Singh answered
Hi we have consulted startrishta in similar matter, we can help, the subject matter is you are referring is wide also to be understand that aadhar is like ID card and meant for govt schemes and benefits, the whole idea of adhar to eliminate duplicacy and control corruption and no private body can enforce any user to link aadhar. Also aadhar carry SDPI data and if you don't adopt high security practice you are inviting trouble for yourself.

Q: Is GST registration necessary for E Commerce business?

I have a startup plan ,regarding for the same i have some quarry-(1) my business based on marketing mobile app,what is the legal formality, permission and registration for this (2) Is GST registration necessary for E Commerce business? (3) can i do my business solo proprietorship ?

Advocate Nischal Arvind Singh answered
(1) my business based on marketing mobile app,what is the legal formality, permission and registration for this no special permission required but ensure your website policies are strong and by all means you protect user data and don't use data for commercial transaction without there permission (2) Is GST registration necessary for E Commerce business? any small business upto 20 lacs turnover is not required compulsory registration, but need to follow other filing by laws(3) can i do my business solo proprietorship ?yes you can but risk is high, not recommended

Q: Need help for starting e commerce business what are the legalities

Hello I want to start my e commerce business. My business is in planning stage right now. What legal procedure do i have to follow to start my business. Is it legal to sell 1st copy(replica) products? And what if i get bill etc. Is it still illegal. What is MSME registration? Should we register with it in starting phase. Thank you

Advocate Nischal Arvind Singh answered
It all depends on services going to be offer on e-commerce website, but you have to ensure that your website complies with IT act 2000 and TCCPR 2010 regulations, also there is special provision and mandate for grievances officer etc, on legal side you have to comply with IT act, data security and privacy, payment gateway security ( under SDPI). If you fail to take care of any thing special on IT part you will be responsible under criminal and civil, read bit about to have meaningful discussion with council, if you want self-reading please read FDI policies and compliances on e-commerce, and read section 72A, 72, 79 & 43 IT act although there is more this should be enough for now!! good luck

Q: Agreement made via Skype chat, then open dispute can i get money back

Client contacted me about developing a program and an agreement was made between My client and I that the client pays 50% before i start, 50% after I finish. Payments were done through paypal. We agreed that the due date be 16 July. Now the client contacted me on July 10, giving me 3 extra weeks. July 16 came, and the client opened a dispute stating the item weren't received. The client was told that 3 extra weeks were given, but the dispute wasnt closed. The client was told that legal actions can be performed. But The client blocked me. No i know that a contract is made just upon agreeing on something, So how can i get my money back?

Advocate Nischal Arvind Singh answered
Where is the client based ? And did you get hire from freelancer or some similar website may be you can contact them and secondly did u never had any email conversation? What are the base of that he give extra three weeks any written etc confirmations if not in the absence of contract seems tough to get your money and secondly you fail to fulfill your obligation to complete project on time . I suggest you to meet a lawyer show some paper wrk etc then s/he can guide , if you Le client based in Europe we can help we have subsidiary office Ansh network out there and moreover going legal totally depends on amount money to recover and jurisdiction in India or abroad