Advocate Shikhar Garg

Questions Answered by Advocate Shikhar Garg

Q: Writ petition listed in Registrars court instead of main supreme ourt

I have filed criminal writ petition in supreme court. My case is listed in Registrar court instead of main court. Is it fair? Does the registrar has same powers and functions of supreme court?

Advocate Shikhar Garg answered
When the case is listed before the Registrar, it is for the procedural things that have to be complied in the listed matter before the matter will be taken up by the Hon'ble Court.The Registrar Court does not have the same powers as the Hon'ble Court have.

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 Shikhar Garg answered
When such assignments are signed then it is vital and important to look into each and every word of the those agreements. In the given case, I University has held rights qua to education, research and patient care at University then you have to make sure that University derives no profit out of that since it will be affecting your commercial interests for which you have taken entire right, title and interest.Apart from above it will pose no danger to you and your licensee if University does not violate the agreement. If it does then you have multiple remedies available at your doorstep.

Q: Regarding the Supreme Court judgment on SC ST Act

Supreme court ne st sc act me jo judgment diya tha uske against govt adhyadesh laa rhi he is adhyadesh ke againt appeal ho skti he?

Advocate Shikhar Garg answered
The government is empowered to do so and change or amendment the law after due process of law.If there is any infirmity or any defect in that amendment then it can be challenged on that ground before the Hon'ble Supreme Court.

Q: How to get the share of property which was gifted for bank loan

My father gifted his share to his mother which he had got from our ancestral property ..he did this because my grandmother wanted loan to show the bank collateral property papers which she did not take afterwards ..so in a way she lied to my father ..she got the gift deed registered and later divided it into four portions from my Father's share ..is this gift deed valid ..where we were getting the entire property ..my grandmother did this n now we are entitled for 1/4th of the share ..what can we do to get back the original share that my father was entitled to ..as my grandmother cheated on him

Advocate Shikhar Garg answered
In the present case, only ancestral property was given through gift deed to your grandmother by your father.By making gift deed in favour of his mother, he relinquished his rights over the property. In such scenario the property will be vested with your grandmother in personal capacity. If she wants to divide the property in her own way she is entitled to do so.You can litigate such issue only you have legitimate documents to show the fraud of your grandmother.

Q: Procedure to transfer criminal case from deoria to delhi

My mother in law live in delhi she is more than 60 years old , she go to her village deoria ( near gorakpur) up. In her village her 2 sons break her hand and makes marpeet etc, she file a case in deoria and comes to delhi, she wants transfer the case in delhi because she is senior citizen and not travel to many times in delhi to deoria

Advocate Shikhar Garg answered
This case is of criminal nature. You want to change the jurisdiction of the case from one state (UP) to other state (Delhi).In such cases where a person wants to change the jurisdiction from one state to other state, he has to approach the Supreme Court. Only Supreme Court has the authority and power to transfer the case as requested.Hence, it is mandatory to approach the Supreme Court for your redressal of grievance.