Advocate Abhinav Jain

Questions Answered by Advocate Abhinav Jain

Q: Can i settle my cheque bounce case outside the court

I got a notice from the court to appear regarding cheque bounce case. Is it good that I can settle the amount outside the court and they take their case back?

Advocate Abhinav Jain answered
Yes it would be totally legal to settle the case outside the court. And it is a normal practice to settle such kind of matters outside the court. What I would suggest is that when you are settling the case with the other side, the terms of settlement should be in writing and the same settlement agreement can be submitted in the court so that terms of settlement can be brought on record.

Q: Arbitration for refund of fees paid to IGNCA, Delhi how to proceed

I joined a one year PG diploma course in Cultural Informatics at India Gandhi National Center for the Arts, ND. For this I paid fees in advance for one semester at enrollment. I attended a class each of all the modules in the semester. I was not satisfied with the way the course was being conducted and with the delivery. I consulted the Acedemic head and decided to discontinue. However, they are refusing to give me a refund of the fee. Kindly, let me know if it is possible and worth trying? It will be great help. Best regards

Advocate Abhinav Jain answered
Firstly, at the time of the admission in the course there must be some kind of agreement or paper work that you must have signed or a copy of the same must have been provided to you. The formalities with regard to the refund of the course fees is generally dealt in the said agreement or receipt which you receive at the time of deposit of fees.If there is nothing written on refund of fee, the recourse can be consumer forum and not arbitration. Because to initiate an arbitration proceeding, there must be a clause for arbitration in case of any dispute and that arbitration cannot be initiated unilaterally without having an arbitration clause in the agreement.Secondly, Arbitration proceeding are a bit costly and to claim a refund of fee I do not suggest arbitration would be a right forum. So, in my opinion first step should be to send a legal notice to claim the refund and even then if there is no response from the Institute, then we can approach consumer form to claim the refund and damages.

Q: Forgery of my signature on company balance sheets how to proceed

My signature have been forged on company balance sheets, loan documents in the capacity of director and thereafter director resignation documents by my husband in his private limited company. What is the legal recourse for this? How can I get justice in this?

Advocate Abhinav Jain answered
Firstly forging of a signature is a criminal offence, so I would suggest you to first register a FIR in your nearest police station under section 420, 468, 470, 471 and section 120B of Indian Penal Code. Secondly, I would suggest you to approach National Company Law Tribunal to reverse the unilateral actions taken by your husband on behalf of you.

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 Abhinav Jain answered
For identity verification process you can ask users to submit their aadhaar. Submission of aadhaar by the users can be through a digital copy as well. There is no restriction in saving the aadhaar copy or for that matter any identification documents collected by you for future references. However, you must formulate a detailed privacy policy for which mentions your collection of the identification information including aadhaar, use of the collected information, protection of the collected information among others.

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 Abhinav Jain answered
As an E-Commerce business can be started in anyone off the following business model:-1. Proprietorship firm2. Partnership firm registration3. Private Limited Company4. LLP (Limited Liability Partnership) 5. One person companyAfter deciding the Structure of business one like to choose for E-commerce business one needs to follow the following steps –II. Registration of the Domain name To attain the security for the domain name under the Intellectual Property Rights, one need to choose a unique name and get it trade Mark registration.III. Attain a privacy policyAttaining a well drafted privacy policy is a must for every E-commerce portal to prevent itself from being sued under Section 43A of the Information Technology Act, 2000 where penalty can reach up to 5 crores.IV. Draft the Website Terms and ConditionsFor any website to work it is very essential to draft the terms and conditions agreement which would usually cover all the user covenants and company covenants in order to restrict the liability of E-commerce website in every way possible.V. Make a Vendors AgreementMaking an agreement for vendor with well defined clauses and terms to deal with problems like default in product, late delivery, lack in quality etc and many other provisions which can be included keeping in mind the business model.One also needs to obtain the Payment gateway and Logistics for E-commerce businessIn India we basically have 2 types of Payment Gateways :-1. With no setup fees- Popular but have higher TDRs (examples are Payumoney, Paypal etc)2. With setup fees – Less TDRs and faster processing (examples are Payu, Ccavnue)The documents that need to submitted for obtaining a payment gateway1. Bank account in the name of the business2. PAN Card of the business3. Certificate of Incorporation4. Memorandum of Association5. Articles of Association6. Identity Proof7. Address Proof8. Website Terms of Use9. Website Privacy PolicyVI. User agreement and Data SecurityWe have been seeing that most companies do not feel any significance to invest in Cyber Security in the beginning of their venture but after running the business for some time and facing the pros and cons of online business eventually do turn investing in cyber security to save itself from penalties or fines.Apart from all this a User Agreement also needs to be drafted in such a manner that it proves to be beneficial both for the user and e-commerce company. It should be able to preserve the user rights and restrict the E-commerce portal as it serves as an Intermediary.VII. Registration under GST which is also mandatorymandatory