Advocate Amit R Kukreja

Questions Answered by Advocate Amit R Kukreja

Q: Making sure that my brand name doesn't infringe another brand's name

Dear Sir/Madam, i am looking to start a company with brand name "TutorMandi". however, one more company in the same vertical is operating with the name of "TutorsMandi". Can i start my Company with "Tutormandi" Name.

Advocate Amit R Kukreja answered
Sir,If the trademark is identical, there are chances that trademarks registry might object our mark while examining. But then too we can file a application if the goods and / or services provided by you is different and /or dissimilar.K. K. Associates

Q: what is the remedy in case of cheque bounce

During the period of demonetisation due to shortage of cash we started to move our business by accepting chq from customer. One customer issued us chq but it was bounced reason was insufficient funds.

Advocate Amit R Kukreja answered
Sir,You can deposit the cheque in your bank within ninety days from the date of cheque. If the same is getting dishonored, you may approach the concerned court and file a case of dishonor of cheque.

Q: Need divorce as soon as possible what is the procedure

Its a one week i got married where our lawyer made affidavit where there is only my and my husband signature is there. No withness.......we have not sibmitted documents to BMC. we are not happy with our decision please give me advise where there is no need to take divorce and we can get seprated.....we both are mutually agreed......We are ready to give whatever fees required.....please help......thank you......

Advocate Amit R Kukreja answered
Sir/Madam,Before advising you anything regarding divorce we would like to suggest you to try settle the issue amicably or through counselling. if then too the things are not working then as per law after marriage there should be one year of separation between husband and wife to approach the appropriate court of law to file a divorce by mutual concern, which please note.

Q: How to recover amount when cheque payment is stopped by the party

I Hindu 38 years from Thane city Maharashtra have purchased illegal flat and notarized documents of sale agreement from seller Mr. A & Mrs.A by 2011. They made and handover to me fabricated documents of flat at the time of possession unknowingly i taken documents.But in 2014 i received notice from bank of home loan balance on same flat. i approached seller and made payments to bank by RTGS for avoiding auction of as original documents was with bank of same flat and obtained original documents of same flat. now i have no. of Two documents of One flat. After some time i demanded of RTGS payment from Mr. A & Mrs. A they avoiding me.then i made application to police Station. In Police Station dispute settled through Police Officers Mr. A gave me in writing in papers of Police logged book and PDC (2) cheques of RTGS amount in front of police officers. when i deposited first cheque i received reason that Payment stopped by party. so what is should do now.

Advocate Amit R Kukreja answered
Sir,you can file a private complaint against the dishonor of cheque. simultaneously a civil suit before appropriate civil court or consumer redressal forum for damages for refund of amount and interest as well you can also file a complaint. A police complaint can also be filed after issuing a legal notice and thereafter a private complaint before a Judicial Magistrate for cheating, fraud and breach of contract.

Q: Can Divorce be granted through notary ?

Hi, My wife wants to be separated. As of now she is living at her father's home since 5 months. Now they want divorce but not in court but on a written matter on stamp paper with Notary.which will be signed by both. Is this OK? What should be written matter on stamp? Your expert suggestions are required, Please help me. I am in dilemma & want to come out of this situation.

Advocate Amit R Kukreja answered
sir, you need to file a proper application of procedure to get divorced before the concerned court. but as per law there should be at least one year of separation between husband and wife for filing an application of divorce by mutual consent.