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One of the best Advocates & Lawyers in Pune - Advocate Abhiraaj Sanjeev Kulkarni

Advocate Abhiraaj Sanjeev Kulkarni

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LawRatoBhandarkar Road, Pune
LawRato22 years Experience
Practice Areas
Anticipatory Bail, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, NCLT, Property, RERA, Succession Certificate
About
Language(s) Spoken: English, Hindi, Marathi
Advocate Abhiraj Sanjeev Kulkarni has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired excellent professional experience in providing legal consultancy and advisory services.

Advocate Abhiraj provides services in various fields of family matters, criminal matters, trademark and copyright matters, divorce matters, consumer court matters, civil matters, property matters, revenue matters, corporate matters and drafting and vetting of various agreements and documents.

Advocate Abhiraj enrolled with the Bar Council of Maharashtra and Goa in 2002. He is a member of the Pune Bar Association.

Enrollment Number : MAH/1400/2002
Courts
  • Company Law Board Delhi (CLB)
  • Consumer District Forum, Pune
  • Debts Recovery Tribunal (DRT) Pune
  • Department of Information Technology, Mumbai
  • District Court, Pune
  • Family Court, Pune
  • High Court of Bombay at Goa
  • National Green Tribunal (NGT)
  • National Green Tribunal, West Zone Bench

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Questions Answered by Advocate Abhiraaj Sanjeev Kulkarni



Q: can we do freelancing with job along with full time employment illegal?

Hi, I am a full time permanent employee of a product based IT company in Pune, India. I have started doing freelancing jobs from last year through a online freelancing website. I would like to know if this is legal or not. can i do freelance work while employed ?

Advocate Abhiraaj Sanjeev Kulkarni answered
Hello Querist,It depends on your Employment Contract, the nature if your work with your first i.e. full time Employer and your Employers internal Policies (as may be amended from time to time).Some employers may allow their Employees to pursue outside business interests if a prior approval is taken from the Line Manager / HR etc. and subject to the nature of outside interest pursued along with all the requisite disclosures.While engaging in any outside activity for profit during the course of Full Time Employment, there is always a room for suspicion whether 1) you are using your Employers Condifential Information or 2) the know how acquired through your existing Employment is used in your freelance assignments. These secnarios would lead to breach of confidentiality clause in your Employment Contract or the use of acquired know-how from your Full Time Employer would lead to conflict of interest. If you work in a service oriented industry catering to various business clients there are chances your Employer might have entered into Confidemtiality / Service Agreements with certain Business Partners and your free lancing work might thus unknowingly jeopardise those contractual arrangements. It is also pertinent to note that you may unknowingly end up working for your Employers business competitors.It is very important to factor the above scenarios and seek prior approval from your Full Time Employer before engaging in any outside business opportunity, however benign and lucrative it may appear to you.As far as the legality of such freelance assignment is concerned, you are governed by the Shop and Establishment Act and or the Factory Act depending on your nature of work and industry you are employed with, and it clearly prohibits Dual Employment, though there are certain exceptions (viz. Family business, Academic Assignments, etc.) and yours may or may not be covered depending on the facts and circumstances which your Line Manager / HR or ER Department may be the best judge to decide.I would advise you to check your employment contract and Company Policy and consult with your HR immediately to avoid any possible contractual breach arising out of such freelancing work.



Q: Two different dates mentioned for possession what should be considered

I have booked flat in @80 percent complete building, builder is ready to give delivery date as Mar-17 on his letter head but the agreement clause says 3 years , agreement yet to be registered, Is anything given on builder's letterhead is legal document? pl. advice

Advocate Abhiraaj Sanjeev Kulkarni answered
Dear Querist,If Builder is providing an earlier possession date than Agreement, then he is revising the terms of the contract and as such the revised date should prevail. However if the agreement is registered post such letter, it would in effect postphone the date so revised (depending on the terms of the agreement). Do check if the clause reads as "3 years" and not "Upto 3 years" because upto 3 years can also mean anytime from executing the agreement or from a specified date (as the case maybe) upto 3 years.However irrespective of the date in agreement, in reality the possession may be postphoned or preponed due to business exigencies and as long as such is reasonable and acceptable to both the parties it will not be an issue. For eg. Generally the agreement entered with the construction company / developer is one sided and mostly favouring the builder however the builder will not always enforce the stringent clauses to his benefit and if at all he does so, such clauses are struck down by the Consumer Court in case of dispute. So in essence as a thumb rule what is reasonable shall prevail over that which is onerous or totally one sided.However you need to understand that preponing the possession date might mean you have to pay the full price of the flat immediately unlike the future payment slabs stipulated in your agreement.



Q: Clarification on Crpc section 31

Respected sir, Sir, I am a law student from mumbai,facing a difficulty in analysing a provision in crpc section 31. sir can u please help me out. The doubt is that that there are two limitations prescribed in section 31: 1). The maximum sentence the judge can give is 14 years being the ceiling limit 2). The other limitation is that the aggregate of sentence cannot be twice the sentence which could be inflicted by a magistrate for single offence. Sir I am facing a problem to intereprete the second limitation of section 31. Sir can you please help me out about how do I analyse the second limtation of section 31 crpc with an example if possible??? Sir, I did some research but couldnt find the satisfactory answer. This is mainly to clear my concept. Hope you would help me with this issue... Warm Regards... 

Advocate Abhiraaj Sanjeev Kulkarni answered
Dear Student,A brilliant analysis with example by an authority none other than Honble Justice Ramkumar of Kerala HC at livelaw.com. Do search for it and go through the article. Sincerely hope it will satisfy your question.



Q: Can i file consumer complaint against builder for poor service

i have purchased the flatat nallasopara from 2nd owner.I am 3rd owner but still builder has not handed over he society and tacking care of water supply and othe building issue. My complains are 1) talking maintenance but lift is not working 2) poor construction quality 3) cut water suppy if maintenace is not paid on time. can i fight against builder for above complain. please suggest

Advocate Abhiraaj Sanjeev Kulkarni answered
Dear Querist,Technically yes, you can but there are a lot of practical hurdles such as the assumption that you did the due diligence before buying the property, the use of the apartment by previous owners and the wear and tear it may have caused to it, have any other flat owners filed complaint against the builder or is it you alone, age of the building i.e. how old is the construction ( if its very old the chances of you suceeding may thus get narrower).Have the flat owners formed Society or Apartment, you may consider aporoaching the consumer forum as an association of flat owners rather than singly either to compel the builder to form a Co Op Soc or Apartment in case such it not formed along with other issues.



Q: Token Money forfeited by seller for purchase of flat

I have givn token amount to an agent via cheque (in the name of owner) for a flat in mumbai. Owner is in UAE. I cancelled the deal within 3 days of giving token money by intimating over watsapp chat. However no MOU/contract was signed for same regarding payment schedule or recieving of token money..I am asking for the refund for the same after deducting some reasonable amount..Owner refuesed to pay any amount back as deal was cancelled by me.(buyer ) side hence no refund was applicable.. 

Advocate Abhiraaj Sanjeev Kulkarni answered
Dear Querist,You need to contemplate whether the token amount is so substantial so as to pursue legal recourse against the prospective seller or whether the amount is too meagre to let go.If no Mou is signed between you and the seller and since the payment was made by cheque you can very well send a legal notice for recovery to both the agent and the prospective seller. But you also need to ensure that there was no understanding or agreement for forfeiture of token money either in sms, email or whatsapp exchange between you and the other party i.e. seller or agent.If there is no written agreement whatsoever between you and the prospective seller then you can pursue suit for legal recovery against the seller and if the amount is substantial then you can file a suit for summary recovery of money basis the cheque issued by you. You can also file cheating compliant in police station against seller or grievance in the consumer court against the estate agent.




Frequently Asked Questions about Advocate Abhiraaj Sanjeev Kulkarni



Can Advocate Abhiraaj Sanjeev Kulkarni represent me in court?

Yes, Advocate Abhiraaj Sanjeev Kulkarni can represent you in court. The lawyer is trained to present your case in the most effective way possible.


What should I bring to my initial consultation with Advocate Abhiraaj Sanjeev Kulkarni?

When you meet with Advocate Abhiraaj Sanjeev Kulkarni for an initial consultation, it is important to bring any relevant documents or information with you. This may include documents related to your legal issue, such as contracts or court orders, as well as any other relevant information, such as a list of questions or concerns you have about your case.


How do I prepare for my initial consultation with Advocate Abhiraaj Sanjeev Kulkarni?

Before your initial consultation with Advocate Abhiraaj Sanjeev Kulkarni, it can be helpful to think about the specific legal issue you are facing and any questions or concerns you have about your case. You should also gather any relevant documents or information that you think may be helpful in understanding your situation.


What should I expect during my initial consultation with Advocate Abhiraaj Sanjeev Kulkarni?

During your initial consultation with Advocate Abhiraaj Sanjeev Kulkarni, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.


How do I communicate with Advocate Abhiraaj Sanjeev Kulkarni?

It is important to communicate with Advocate Abhiraaj Sanjeev Kulkarni regularly to stay updated on the progress of your case and to discuss any new developments or concerns you may have. You can communicate with the lawyer through phone calls, emails, or in-person meetings.


How much does it cost to hire Advocate Abhiraaj Sanjeev Kulkarni?

The cost of hiring Advocate Abhiraaj Sanjeev Kulkarni can vary widely. Some lawyers charge hourly rates, while others charge a flat fee for their services. Some also offer free initial consultations to discuss your case. Kindly contact the lawyer directly to enquire about the fee.