Advocate Avish Sharma

Questions Answered by Advocate Avish Sharma (25+ answers)

Q: Forgery of Ecosport Car by doing forged signature of my late husband

I have filled 156(3) against it 1) how to deal if investigation officer has made wrong report by took bribe from my mother-in-law. 2) Also she is seeking for politian of our area who can support her in her wrongful act.3) i have an Order by RTO wherein it's mentioned that my mother in law has concealed the fact of my husband death and duly signed form 19&20.In property dispute I took stay from high court. Please help me out to get justice!

Advocate Avish Sharma answered
You can file a protest petition for challenging the erroneous investigation by police and request for fresh investigation. Need to know more facts to help you well. Who has the possession of the Car as of now? Thank you

Q: False criminal case under section 420/ 406 of IPC

Ex-employer co. filed a false case against me that I left the company without notice and also some important valuable docs went missing including laptop which was entrusted to me. Loss to the tune of 1.5 lakhs. Job posting was based in Delhi.Company had intentionally filed this case in Kolkota. The local court in Kolkota has now closed this case after 8 years on the ground that offence was committed outside the jurisdiction. Have all evidences incl relieving certificate. Pls suggest next steps.

Advocate Avish Sharma answered
You shall consider for quashment with the honourable High Court. However, depends on the content of the FIR, Chargesheet and other witness statements. Secondly you may pursue damages for defaming your reputation and even proceed for malicious prosecution separately. Thank you

Q: Govt job fraud and not giving my money back.

We give 12 lac for the govt job but i paid all money in bank but now he refused to give my money and not giving any job so what I do

Advocate Avish Sharma answered
You need to probably delete this post and speak under confidentiality with me asap if we want any chance of you recovering the money. I would be happy to explain the law with clarity on this and the reason of my suggestion. I have already handled similar matters. Thank you

Q: trademark registration process and time and chances of rejection

I want to register my brand name "Nutri Namah" for my dry fruits company under class 29. There are similar names names like namah organics, nutrifit etc. What are the experts views on the name? What are the chances of my trademark rejection? Should I consider changing the name? Also, is it possible to have "namah" in hindi?

Advocate Avish Sharma answered
We first of all conduct an exhaustive risk analysis research report which tells the chances of a successful registration and accordingly we proceed ahead or suggest adding a logo or changing the name. The research report is very crucial to make an informed. Nonetheless, nutri and Namah would constitute words with meanings hence the existing trademarks do not have strong protection and we could still be registered. Thank you

Q: Criminal case under trial court at prosecution evidence stage

I am complainant n witness of a crime, I report to police abt incident n MLC done for victim but no FIR done by police, moved to court 156/3 n after 2 years CJM court found cognizable offence n ordered police to lodge FIR u/s 323, 325, 326,452, 504,506 ( 326 & 452 removed by police in chargesheet, also one acussed name out of 03 ) , case is under trial, If the acussed acquitted by trial court due to lack of evidence , does acussed can file any case against complainant or victim in future ?

Advocate Avish Sharma answered
Yes, accused may file for malicious prosecution. Accuse may file for defamation but depends on several detail facts and as court has taken cognisance on reasonable apprehension the defamation suit will be probably futile. Again, depends on specific facts. Thank you