Advocate Abhishek Upadhye

Questions Answered by Advocate Abhishek Upadhye (25+ answers)

Q: Can wife file adultery case against husband and his girlfriend ?

want to know if a man is married and had affair.. not he doesn't want to marry his girlfriend.. if she files a cheating case on him .can wife file case against husband's girlfriend in india ?

Advocate Abhishek Upadhye answered
Hello,A wife can file a case of adultery against Huband & his girlfriend. Although the adultery must be factually proved in the court of law.I suggest a call to understand the matter correctly, so that we could have a in depth discussion.

Q: Cheques for Franchise Fees drawee name not mentioned

A Pvt Ltd. Co. XYZ entered into Franchise Agreement with my Co. However they collected Franchise Fees cheques in favour of a Partnership Firm ABC with whom my Co. has no business. Cheque nos and amount were mentioned in Franchise agreement. But Drawee name not mentioned in Franchise Agreement. We have disputes with Franchisor XYZ. Can I dishonour the cheques since they are not issued in Franchise XYZ name and I have no business with ABC Co. in whose name they collected cheques.

Advocate Abhishek Upadhye answered
No you cant do that as the cheques number are mentioned in the Franchaisee Agreement.Although if there is any dispute between the Franchiase company and your company, you can send them a legal notice notifying them about the stoppage of payment due to the dispute.

Q: What is the procedure in case of a cheque bounce

Sir some one give to me only singed cheque I fil my name date amount cheque is baunce & after than hi is shy to me my cheque is missing I'm not gilty

Advocate Abhishek Upadhye answered
Hello,Can issue a notice to the person who has Bounce the check giving him 15 days of time to return the money back.Although if it doesn't return the money we can file a case in the court for the recovery of the amount.

Q: Regarding non payment of salary from management

We , Almost 200+ employee of one thermal power generation co. situated near Nagpur , facing the problem of getting regular salary ( stuck up from last three months) from management. What we can do get it on regular basis? Where to & how to approach ? We does not have any union / affiliated to union , being it is a private company. Advise us to get our salary in time on regular basis.

Advocate Abhishek Upadhye answered
As per the corporate law rules, your employer has to release your salary within the 7th day of every month.If your employer is not paying the same, you can send him a legal notice under the Employment Act.Kindly let me know if you have any other queries.Regards,Abhishek

Q: Is selling sex toys legal

i wanna sell sex toys online what things has to be kept in mind so that i do not have to face any sort of legal trouble whatsoever

Advocate Abhishek Upadhye answered
Section 292 of the Indian Penal Code prevents the sale of any material that is obscene in India. However, online shopping websites have been selling adult products and Sex Toys openly and people have even been buying them in large numbers. So there is no exact explanation if selling sex toys in India is banned. However, unlike foreign countries, we do not have adult shops in our cities. But the sale of adult material and Sex toy online sex toys online has been going on since years now and statistics suggest that these sites have been getting an increasing number of buyers day by day.Do not incorporate the website in India. Incorporate it in any country outside India wherein such sales of sex toys is allowed.