Advocate Aayush Gupta

Questions Answered by Advocate Aayush Gupta

Q: Salary issues. It's emergency but company like we can't pay ur salary.

I worked in a private limited company for one month and when I did not study due to an accident, the company refused to pay my salary.

Advocate Aayush Gupta answered
It seems that you were only on probation . Whether your services were confirmed or not? Because if you are in probation then they can terminate you without any reason and also as per the principle of no work no pay if you did not attend the office for whatsoever reason you are not entitled to any salary. Also please check the terms and regulations of your service since it is a private company. Whether you were allowed medical or sick leaves or not. Also specific labour laws would be applicable to your company only when details such as number of workmen employed in the company or whether the nature of the company call Zander T category to which such labour laws applies

Q: I Have Debts On Me.. Provided Cheques Those Bounced...

I Have Debts Around 2 Crore INR..I Have Provided Cheques To Them And Those Bounced...Some Of Them Have Lodged Complain In Police Station...Charges With 420.I Have Looking To Go For Insolvency And Bankruptcy Process...Need Legal Advice Throughout My Case

Advocate Aayush Gupta answered
Whether your debts are individual or your company’s debts?If company debts, then you can file for insolvency before national company law tribunal under the provisions pf insolvency and bankruptcy code.And if these are your individual debts then you have to approach civil court having jurisdiction of the area in which you reside or were carrying on business in past 1 year.

Q: E-contract- How to make an agreement online

I am a software developer and I provide some specific services to customers all over India related to specific software. Started it as a hobby but recently decided to make it a careerThe problem arises as when customers wants to make an official legal contract. I have a work for hire contract drafted by a lawyer already for that purposes.But as the customer is almost always in some distant state and and it takes significant courier charges and time to send the physical signed contract to his p

Advocate Aayush Gupta answered
Your can ask your clients to use digital signatures upon the contracts.E-contracts are also enforceable under law. Section 10A of IT Act, 2008 gives legislative authority to e-contracts.Moreover, these are admissible as evidence before courts in terms of section 65-B of evidence act.

Q: Sucked in Fraud Educational and Job Fraud need government help.

I joined a company for education and work. They charged me 1,35,000 rupees. But after I joined, I realized they were fraud. They were just showing YouTube videos for teaching, not giving the services they promised. When I asked for my money back, they refused. I reported this to cybercrime, NCH, and edaakhil, but haven't received any response. My NCH case is now in the "imported" stage in CMS, but it seems I still need to go to the court. Can someone help me with guidance?

Advocate Aayush Gupta answered
You need to pursue your consumer case in the respective consumer court where it has been filed.Go there to the registry and tell your case number and ask what is the next date of hearing.Go on the date as is fixed before the consumer court and fight the case on merits.

Q: Atrocity act current regulations

I am a central government autonomous corporation employee and deal with public on insurance claims etc. Sometimes people do not wait in queue and confront with me in my public office i fear someday anyone agitated may put allegation that i have said something on his caste or to demean him or have grudge on me that i am causing him to wait while i am doing my duty irrespective of knowing his caste or religion ...so kindly advice how to deal in this event.

Advocate Aayush Gupta answered
It is simple. Do not say anything upon caste or to demean anyone.You cannot do anything until and unless someone files a complaint against you.If a false complaint/FIR would be filed then you will have to approach high court u/s 482 crpc to quash that FIR