Advocate Amresh Anand

Questions Answered by Advocate Amresh Anand

Q: Landlord refusing to return security deposit money how to recover

My flat had many problems that were not disclosed prior to shifting. Lease is of 11 months but I am shifting after 3 months only. Rent agreement says to terminate the contract, 30 days prior to leaving, tenant should give notice and deposit will be returned minus any damages. My landlord is refusing to accept this and not returning the Money, it's two months rent. What should I do and who should I approach for help?

Advocate Amresh Anand answered
Without seeing the rent agreement it will be difficult to guide you but you simply give notice to landlord stating specific reasons as to why do you want to leave the premises. Serve the same though regd Post. Further don't pay the rent amount and ask the landlord to adjust the same from the security deposit. He won't bother you.

Q: Fraud by boyfriend

I m Hindu. I had an extramarital affair.he betrayed me and earned money from me.ow he hs suddenly changed .I want to recover my money and want to teach him a lesson.he was with me for money only and he hs ruined my life with my husband and a child.

Advocate Amresh Anand answered
First of all please be informed that you will also be in trouble in case you initiate any legal action against your boyfriend. As far as recovery of money is concerned you will have to prove your case in the Court by producing sufficient evidence like payment details through bank account/cheque etc. without proving payments you are not entitled to a single penny from the Court. Bit in case you husband comes to know about it then you will be in big trouble. This will give your husband a good ground for divorce from you that too without paying any alimony/maintenance amount. Therefore, i suggest you not to pursue it any further. But inspite of all this if you have have made up your mind to teach him a lesson then go to police and file/lodge a detailed criminal compliant against him.

Q: Arbitration by demerged company without arbitration agreement

Please help me on the issue whether a demerged company can invoke arbitration or not if it has not signed the arbitration agreement as the agreement was signed by the parent company

Advocate Amresh Anand answered
It will totally depend upon the agreement/contract. One cannot give a clear cut answer to it unless and until he gets a chance to look at the agreement/contract. But if in the definition clause the expression "party" includes its representative, successor etc etc then yes it should bound the new company by its terms, unless otherwise agreed between both the parties. However, please note that there are other factors as well to decide the same which has been appreciated in various judicial pronouncement.

Q: What are laws of copyright act in case of infringment

I'm creating summaries of books in my own way without copying any text or image from the original book for sale. i'm only using the cover page and title of book. Do i need to take permission from the author for creating summary ? or do i just need to take permission only for using cover page and title ?

Advocate Amresh Anand answered
Since you are using the title and cover page of the same book, there is complete likelihood that the buyer will think it to be a book of that Author and hence, the Author can sue you for misleading the buyers. Though it will not amount to a violation of copyright as such but still you cannot use cover page and title of the book. Eg. Supposed a book prepared by "X" has cover page of the book '2 states' and the the title as well but the the story inside is different then this is violating the right of Author of '2 states' as buyer(s) might buy it in confusion. Please note that there are many other factors which determine the infringement of copyright hence without knowing all the other factors it will not be correct on my part to say whether it will amount to infringement or not. But you cannot use the title and cover page. You must take a permission from the Author or modify the title of book.

Q: How to settle drunk and drive case in court

My DL and RC were siezed for drunk driving. The traffic police also marked that insurance and PUC were not provided whereas I was never asked to show the same.The breath analyser test showed result of 48..I have to appear on 20th July in Court...What can be expected at the court and what shall be my next course of action? Do I need to do any paperwork beforehand ? I want that case be closed by paying the fine.. How to proceed?

Advocate Amresh Anand answered
It will depend what report the police has given to the Court. However, you may go to Court with a lawyer he will handle everything smoothly and will do best for you. There are good chances that matter will get over and one date.