Advocate Pulkit Prakash

Questions Answered by Advocate Pulkit Prakash

Q: Looking to draft a Contract for a Vendor

Hi,We run a company called Borderline Studio. We design our own furniture, carpets and table top objects. We want to draft a contract to have with our vendors who product the objects. This would relate to manufacturers, preventing them from using our designs to sell directly to other buyers or customers. It would also ensure terms are adhered to such as - mutually agreed delivery time; certain quality level below which the vendor would take the piece back or repair it within a stipulated time, etc. Please provide best rare for this service.Thanks

Advocate Pulkit Prakash answered
Dear Concern,Please take note -01. You need to sign one contract with the one who is manufacturing your furniture, carpets and table top objects as per your order which will put an embargo upon them from selling the designs and similarly designed based products to other party. This contract will further specify the terms and conditions of manufacturing the product including quality standard, consideration, timely delivery etc. 02. You need to sign another contract with the vendors which will restrict them to act as an authorized agent for some other company dealing in the same business. It is called distribution agreement.03. It is the distributors which ultimately sell it to the retailers from where a customer buy a product. The only way to get the distributor out of scene is to -(a) establish an online portal from where all your customer can buy your product as well as local showrooms in all possible locations. Otherwise you will be restricting your scope of business expansion.An ideal guy shall be asking you around ₹ 7500 to ₹10,000 per drafting of these contracts.Besides this, it is also suggested that you should get your designs protected under Design Act so that in case someone still copies your product then you may sue him for the same. Copying of designs are IPR infringement provided you have protected under relevant IPR laws.

Q: Work from Home

i entered into an agreement with Mentor Solutions, it's a work from home based Company. its basically a form filling job. the first 2 days were OK while working. but from 3rd day being weekly offs and holiday, it is showing continuous server problem and they were not saving while we are submitting them. we called their helpline who were not picking up the phone and the lady who talked to us made her phone switched off. now their advocate is threatening us to pay Rs. 50000/- otherwise you will be jailed. please help and advise us. please

Advocate Pulkit Prakash answered
Please take note -01. Take note of all the events and date which is relevant to your case and make a short note of the same,02. Gather all such documents which proves that you were allotted such assignment and terms and conditions of such allocation of job,03. Approach an advocate and explain him your case with the help of your notes and documents,04. Ask him to prepare a legal notice in against the same and serve that notice to the concern organization,05. If they refuse to mend their ways drag them before the court,06. Meanwhile start recording all such phone calls which will be receiving from their end so that you can present it before the court.

Q: Is one entitled to medical leave in notice period

 I am ask some questions about labor. Q. Can I take medical leave in the notice period. if yes, What to do if the company does not give medical leave.

Advocate Pulkit Prakash answered
You can take your leave at any point of time be it in your regular service, probation period and even if you are in notice period.A person is bound to fell ill and he or she can't be deprived of medical leaves just because he or she is not a regular employee of the company. If the company refuses to give you leave write them an email and ask them to give the same in writing. If they refuse to do so go on leave and return back as usual. If they create any problem in your full and final settlement at the time of your departure then -(a) first send them a legal notice for the same, and(b) then drag them before the court.

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 Pulkit Prakash answered
There is no such section which prescribes who can work and who cannot in any particular company or in any specific type of company. One's employment is govern by the way of employment norms precribed as employment rules of the company and the employment contract signed in between the employer and the employee.You are suggested to look at both these documents if there is anything mentioned that one shall be ousted from his/her job because of any criminal case pending against him then you are bound to lose your job. But if there aren't any then you can challenge your ouster and can still be in your job by coming before the court to seek relief.

Q: Application in High court for correction of calculation

we have an award which was against us and was given in 2004 arbitration, the same was upheld in the tribunal and high court in 2010. however, the entire litigation was based on the law of limitation and other grounds apart from the calculation, the award has a serious calculation mistake and leads to a huge amount which went unnoticed initially and at the later stage it was not raised. now the case is in recovery with rcs( registrar of societies) and is pending we have filed for correction of calculation but the rcs in response say they can't do it as the high court has upheld the order, whereas legally any calculation mistake can be corrected at any point of time. can we file an application in high court for correction of calculation will it be accepted? what will be the procedure?

Advocate Pulkit Prakash answered
Please take note - To assail any order passed by any court law has prescribed particular time period which is known as limitation. Technically your application shall be barred by limitation period but since it is for the correction of calculation error which went unnoticed so you can bring up an application before the court for the correction of same.