Advocate Ganesh Singh

Questions Answered by Advocate Ganesh Singh

Q: ill treatment by senior officer

I m serving sailor in Indian Navy. I have made a complaint against commanding officer for using abusive words to me. But then, i was kept under custody and insulted with severe abusive and inappropriate language and related with Burhan Wani in presence of all unit personnel. I belong to J&K. commanding Officer quoted my native place and announced my status as Burhan wani.Iwas alsogiven terrorist like treatment in unit.

Advocate Ganesh Singh answered
HI,You may raise application for redressal of grievances against said senior officer under the provisions of Navy Act, 1957 and if your problem is not solved within 45 days of raising the application, you may approach to Armed Forces Tribunal.

Q: Will quashed criminal case affect student who wishes to study abroad

I have a case under ipc 308 324 34 and went for jail for 3 days . Its a cross case both parties went jail and are on bail . Now both parties want to quash this case by mutual settlement . Is it possible I am a student (21) and want to go abroad please tell me what will happen after quash is there any problem in visa after quash or quash doesnt possible because 324 is non - compundale under crpc

Advocate Ganesh Singh answered
Hi,In some circumstances, even the non-compoundable cases can be compounded and quashed by High Court when both the parties are ready to settle their disputes. After quashing, you may have no effect of the FIR.

Q: What is the terms and conditions of registering the trade mark

Can we register trademark by adding prefix to an existing registered trademark (which was done by mistake of course)? For record, the trademark application is being opposed on this ground alone by the holder of an existing registered trademark

Advocate Ganesh Singh answered
Hi, Use of already registered trade mark (or part thereof) may disentitle you for getting the similar/desired trade mark. You are suggested to use the separate and distinct trade mark and apply with amendments.

Q: Does “retained” rights pose a risk to the intentions of a licensee

I am an LLC owner in the USA who is licensing IP to a company in india. The IP was originally owned by a University and has now been assigned to myself. The assignment agreement, assigning rights to me states “entire right title and interest” are assigned from University to me. Yet University retains rights to “education, research and patient care at the University” are retained by the University. I do not believe that these “retained” rights should be problematic for my licensee in India who is being given my full right to “product development, manufacture, commercialize”. My licensee is concerned about “parallel” rights held onto by University. Can you confirm that these “retained” rights pose no risk to the intentions of my licensee in india?

Advocate Ganesh Singh answered
Hi,Generally all the rights should be in possession of one person, but in the instant case, you need to ensure that the your licencee in not dealing with the same thing for which the right is retained by university.

Q: What if husband refuses to give divorce

I have been living alone for ten years.Separated since 2008.My kids are with my husband n his family.Ive lost my parents.He refuses to divorce me or give my kids.Can I get a divorce or not?

Advocate Ganesh Singh answered
Hi, You may file a divorce case at the place of marriage or the place of last residing together and the court after considering all the grounds and based on the facts and circumstance of the case may pas the suitable deceree.