Advocate Kamakshi Shrivastava

Questions Answered by Advocate Kamakshi Shrivastava

Q: Can an employee charged with sec 498 work in a private company

Under which section an employee charged with 354/406/498/323/509 IPC FIR can't work in a private company?

Advocate Kamakshi Shrivastava answered
Every company policy and specifically an employment agreement specifically takes a representation from the employee admitting that he has no legal case/action in which he/she is involved in present or in the past and abstains from appointing such a person. The sole reason behind this step is the reputation and goodwill of the company.

Q: What if I missed my Trademark reply of opposition

What remedies I have if I missed filing of reply to opposition with the registry. what options do i have if I havent filed reply of Oppostion within 2 months.

Advocate Kamakshi Shrivastava answered
There is no remedy if you have not responded to a notice of opposition. There is no extension to file a counter- statement which means that if any party fails to file a counter statement within 2 months of receiving the notice, he shall be deemed to have abandoned his application.

Q: Issuance of medical Prescription without a physical checkup

Sir, we have a startup in which we are providing online counselling via phone, video, and emails. In this case, can psychologist prescribe medicines to him/her without a physical checkup?

Advocate Kamakshi Shrivastava answered
Hi, we first need to know what type of online counseling are you providing ? If it is medical then it will be governed under the specific laws and have various pre requisites. However , if you are subscribing medicines online then this will require a valid practitioner and a valid prescription. Kindly specify the scope of services that shall be provided by your start up. Also , the terms and conditions of your site should be legally strong as their are strong penalities of negligence in such case.

Q: Remedy for sudden eliminated from Employment

I have been working with my current employer for 2.6 yrs. company asked me resignation in march 26 2018 and i gave them against 30 days notice period. i asked to company give me an opportunity for performance they give till june 30. I served them they extended my service without any information. Now they are eliminating me. What i do is there legal case become against them.or can i get my 1 month asvance sallry. Whatever happens please let me know sir. I have family.

Advocate Kamakshi Shrivastava answered
Hi, did you sign any employment agreement with your company ? If yes, then there must be a Clause incorporating the conditions and terms for the termination of employment. Immediate termination cannot be carried out by any employer unless and until the same has been mentioned in the employment agreement and agreed by you, legal action can initiated in this regard.