Advocate B Sivaram

Questions Answered by Advocate B Sivaram (25+ answers)

Q: Is it mandatory to register the commercial rental agreement

Is it mandatory to register the commercial rental agreement with Sub register office.Monthly rent amount: Rs.40000Security Deposit: Rs.4 LakhsDuration of lease : 21 monthsIf it is mandatory,is there any way to avoid this registration & its cost..

Advocate B Sivaram answered
Yes as per Karnataka stamp duty act you will need to register if it’s a lease deed, incase of a rental agreement you don’t need to register it. If you’re looking for a registration you will need to register it at your local sub registration office.

Q: My previous company gave me my FandF cheque after 4 months and its bou

My previous company gave me my FandF cheque after 4 months and its bounced.

Advocate B Sivaram answered
In your case since the cheque has been bounced you have to immediately send a legal notice under the 138 of the NI act Else claiming your amount might be of difficult. After the notice if you do not see any response you can also file a case for the same

Q: Intern Contract - Indefinite NA + Non solicitation

I am undertaking an internship at a startup in an area where I would like to innovate in the future. I want to build to solve for the same issue, and thought this startup would be a good way to experience how building such a company would be. However, the contract they have provided me has an indefinite NDA + non-solicitation agreement. So I can't reach out to their investors for funding? Tomorrow, if I want to start a startup in the same domain, would I have issues?

Advocate B Sivaram answered
must point out that while undertaking an internship with the intention of gaining experience in a domain you plan to innovate in is strategic, the contractual obligations you’ve entered into—specifically the indefinite Non-Disclosure Agreement (NDA) and the non-solicitation clause—require careful consideration. The NDA restricts you from using or disclosing any confidential information obtained during your internship indefinitely, which includes proprietary data, strategies, and investor details. The non-solicitation clause may also legally bar you from directly approaching the startup’s investors, employees, or partners for your own venture, especially if those contacts were accessed through your association with the startup. While general knowledge, skills, and publicly available information remain usable, any use of confidential insights or leveraging protected relationships could lead to legal exposure. I recommend a detailed review of the agreement’s language to assess the enforceability and scope of these restrictions, and if needed, initiate a clarification or carve-out discussion with the startup to safeguard your future plans.Contact us for further assistance

Q: Boyfriend cheating after having physical relationship

I was in a relationship with a guy and we promised each other to marry with parents approval. Then we physically involved but after that he started to tell like it is not possible to get married as his parents will not agree. But we continued good relationship and I thought that he will understand me and later he will marry me.But suddenly he stopped talking to me. Then I started scaring and I forced him to stay with me and marry me. We both are Hindu.Please advise how to get marry him.

Advocate B Sivaram answered
Under Hindu law, marriage is a voluntary union between two consenting adults. If the person you were in a relationship with is now refusing to marry you despite earlier promises and physical involvement, it’s important to understand your legal position with clarity and emotional strength.A promise to marry followed by physical intimacy, and then sudden refusal, especially if you were misled with false assurances, can amount to cheating or breach of trust under Indian law. If you were induced into a physical relationship solely on the basis of a promise to marry, and he never intended to fulfil it, you may have grounds to file a criminal complaint under Section 376 (rape by deception), Section 417 (cheating), or Section 506 (criminal intimidation) of the Indian Penal Code.However, courts require clear evidence that the man never intended to marry you from the beginning and that the consent for the physical relationship was solely based on the false promise. If there was mutual affection and ongoing consent, and later he backed out under family pressure, the legal situation becomes more complex. You cannot force someone to marry you under law, but you can hold him accountable for emotional and physical exploitation if it amounts to fraud or deceit.Marriage under the Hindu Marriage Act requires free will from both parties. If he refuses, you cannot compel him to marry you, but if you were wronged, you can pursue legal remedies. At this stage, it is advisable to consult a family or criminal lawyer with all your messages, proof of relationship, and the timeline of events to assess whether a case can be initiated based on false promise to marry or other relevant provisions.

Q: Out of court settlement and settlement agreement is not framed

I am the plaintiff in partition suit of ancestral property and filled a memo stating the matter is settled out of court, suit is dismissed as not pressed Then defendants has not formed the settlement agreement and nothing is paid for 1/4 th share. In this situation can I reopen the case

Advocate B Sivaram answered
I am the plaintiff in partition suit of ancestral property and filled a memo stating the matter is settled out of court, suit is dismissed as not pressed Then defendants has not formed the settlement agreement and nothing is paid for 1/4 th share. In this situation can I reopen the case