Advocate Ayush Dhawan

Questions Answered by Advocate Ayush Dhawan

Q: Legal procedure for startup regarding online business.

Hi, is it legal to sell leads that i generate through other online portals.For instance can i sell lead that i got in bulk through Justdial or Olx ?or do i need to mention the source on my website? here selling leads means that my i would give package to my client who would receive these leads.

Advocate Ayush Dhawan answered
In order to most appropriately address your query, more information regarding the 'leads' or product(s) you wish to sell would be required. However, as long as you are not re-packaging branded goods or passing off branded goods as your goods - prima facie, there does not seem to be any issue with re-selling legal goods you have bought from other sellers in bulk.

Q: Want to register my startup and I am a working personnel in a PSU

I am working in a PSU. Being a PSU working outside is not permissible. But my cofounder is unemployed. We want to register our startup. Can I register my startup with my cofounder? If not, what are other options. Please suggest.

Advocate Ayush Dhawan answered
The terms and conditions of your employment agreement would require to be reviewed in order to most appropriately advise you. However, in such situations usually, if the work of your startup is unlikely to interfere with the PSU work and you do not intend to use the time or resources of the PSU for your startup work, there are ways of managing the same. Alternatively, you may participate in the startup as a dormant partner with your co-founder taking up an active role.

Q: Non-profitable project in India for selling water in schools

Hello. I would like to know what are the requirements for selling water in Delhi, especially if the water is non-packaged. Also because we are working on a non-profitable project (we want to provide cheap and clean water in a school), i would be interested in knowing if there is any specific regulation?

Advocate Ayush Dhawan answered
There are detailed guidelines issued by the Central Ground Water Authority for the issuance of a Non-Objection Certificate for ground water withdrawal that you would have to comply with in order to set up a water-extraction plant/ pump/ tubewell. Regarding private supply of the non-potable water you may have extracted, there are no specific guidelines that may come in your way - However, you would require to enter into supply agreements that could be helped with.

Q: Wants to start a business of subscription box which requires repacking

Hi I am planning on starting a subscription box business for beauty products that would require repackaging original products into smaller containers and then selling. I will use the original brand name, however since I don't have any tie ups with the brands for custom packaging, i plan to package them myself into smaller containers. Is it legally ok or does i infringe some law by any means. What can be the alternative to this method?

Advocate Ayush Dhawan answered
Merely re-packaging original products into your own form of packaging/ containers without a license from the proprietor of the original packages, as you have described, would prima facie amount to trademark infringement. It would not be a viable business to enter into and depending on your business plans, alternative methods can further be discussed.

Q: What action can be taken against minor boy sexting with a minor girl

Sir, If a 16 year boy is involved in sexting with the girl of same age then what are the actions that can be taken against him.. Please tell

Advocate Ayush Dhawan answered
Dear Sir,The first essential fact is whether the sexting has been reciprocated by the girl? If the sexting has been mutual then it would be difficult to initiate an action but entire facts would require to be understood to advise appropriately. However, if the boy is single-handedly sending offensive/sexual messages to the girl then there are actions available under (1) The Information Technology Act, and (2) The Indian Penal Code that could be taken against the minor boy.