Advocate Shikha

Questions Answered by Advocate Shikha

Q: What is the process and documentation of starting online business

I want to start my site. but I have same different concept. Which law /act under I can start my work. Which type legal documentation I need.

Advocate Shikha answered
Hi have I don't know what type of business you to start I give you general documents for online business1.Company or LLP Registration-While starting an online venture it good to have a private company or LLP to have limited liability protection and improve the ease of doing business. 2.Bank Account-Once the Company or LLP is incorporated, a bank account can easily be opened in the name of the business by contacting a Bank. 3.Payment GatewayA payment gateway would be required for a proprietary online website to process customer payments. Payment gateway providers allow for the website to accept credit card, debit card, net banking, internet banking payments from multiple banks and credit card companies. Therefore, one payment gateway is sufficient to accept many forms of online payments4.Legal DocumentsWhile selling online, it is important to protect the business and the promoters of the business through proper legal documentation and contracts for your business. The terms and conditions, disclaimer and privacy policy would have to be drafted by the business based on the nature of its activities and products sold online.5.Adherence to cyber law crimes6.CERTAIN PIECES OF ADVICE TO BE KEPT IN MIND TO AVOID ANY LEGAL HASSLES:Taxes-Until the Goods and Services Tax regime comes into force in India, service providers in many sectors will have to pay tax on the services rendered by them. 7.Intellectual Property Protection- registration of trademarkThese are the small documents list which we required before starting the online company.

Q: Someone else is using a similar company name what to do

I have a firm in Gwalior in the name of dayal band, it is a 60+years registered business and during a span of time alot many firms have opened up in the name of shiv dayal band , prince dayal band etc This has affected the brand image a lot and often new people get confused that which is the original band and which is the fake one. What is the best option I should follow?

Advocate Shikha answered
Do you just register your phone or having a trademark registration and what type of business you do in name of this firm, if you have a registered trademark so we can file Trademark infringement suit according to the basic details of your firm

Q: Timeframe of bail u/s 34 of MP excise act and procedure for petition

Within what timeframe does accused gets a bail if he's accused u/s 34(2) MP EXCISE ACT. What is the procedure if such petition is filed in high court ?

Advocate Shikha answered
OFFENCES AND PENALTY 34 Penalty for unlawful manufacture, transport, possession, sale etc.— (i) Whoever, in contravention of any provision of this Act, or of any rule, notification or order made or issued thereunder, or of any condition of a licence, permit or pass granted under this Act,— (a) manufactures, transports, imports, exports. collects of possesses any intoxicant; (b) save in the cases provided for in Section 38, sell any intoxicant; of Sec 2 :-(2) Notwithstanding anything contained in sub-section (1), if a person is convicted for an offence covered by clause (a) or clause (b) of sub-section (1) and the quantit1 of the intoxicant being liquor found at the time or in the course of detection of the offence exceeds fifty bulk liter, he shall be punishable with imprisonment for a term which shall not be less than one year hut which may extend to three years and with fine which shall not be less than twenty five thousand rupees but may extend to one lac rupees: Provided that when any person is convicted under this section for an offence for second or subsequent time, he shall be punishable for every such offence with imprisonment for a term which shall not be less than two years but which may extend to five years and with fine which shall not be less than fifty thousand rupees but may extend to two lac rupees. As u not mention the quantity of material it may be difficult to tell u the exact time, plz tell us few aout case

Q: How to obtain SC certificate in Madhya Pradesh

ya I need help regarding SC Certificate in MP. My father has certificate signed in 1986. I need to have the same for me. How to apply and get.

Advocate Shikha answered
http://mpedistrict.gov.in/Public/index.aspx After going on that site Applicant has to click on SC/ST caste certificate which is present under the Available Services SectionThen after Applicant can see Download application form option on the Upper right side of the image where applicant has to click for formAfter getting the form, next need to fill it properly with all required and relevant details. Check all details in form after filling application form completelyNow attach required and relevant documents with application form. All required are to be submitted with formProceed to concerned authority office and submit your application with all required documents and fee charges to obtain caste certificate. The concerned officer verifies all details in form and documents. After all verification, he will issue caste certificateThe department sends a notification on your registered mobile number or email id. If no notification is received then visit concerned office after prescribed time limit to collect caste certificateFee for the Caste Certificate:Applicant should have to pay Rs. 5 as stamp fee charges for applying for caste certificateContact details:District Magistrate or Tahsildar or Revenue Department of that area where the Applicant and/or his family permanently residesRequired Documents:Application Form Caste Certificate CertificateProof of Identity (Voter id Card / Driving License / Passport / Aadhaar Card / PAN card)Proof of Address (Voter ID Card / Passport / Driving License / Electricity Bill / Water Bill / Electricity Bill / Rent Receipt / Ration Card / Property Tax Receipt / Bank Passbook)Caste certificate of any family memberFor married women, caste proof before marriage is requiredIf applicant migrated from other state/district then caste certificate of applicant’s father issued by competent authority is requiredIn case of conversion of religion then proof of caste before conversion

Q: Fee refund from a coaching instruction

Sir/mam Can i get the advance paid fee paid to a coaching i am leaving? Please reply...

Advocate Shikha answered
Is there any terms and condition of coaching institution, if they already have and you sign on any doc so u have to look after that clause, there are so many way to take return from them,1st tell me details