Advocate Smarika Azad
Advocate Smarika provides services in various fields of Civil Matters, Trademark and Copyright Matters, Property Matters, Consumer related Matters, and drafting and vetting of various agreements and documents.
Advocate Smarika enrolled with the Bar Council of Delhi in 2015. She is also a member of Delhi High Court Bar Association.
- Delhi High Court
- District Court, Patiala House
- District Court, Tis Hazari
- Supreme Court Of India
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Questions Answered by Advocate Smarika Azad
Q: Summon for settlement of Issues [Application u/o 39 Rule 1&2 CPC]
I am residing in Dwarka, New Delhi on rent since 2014. The agreement expired in 2015, but we were allowed to live as tenant on our requests. No formal agreement was signed. In December 2016 the landlord gave us final notice to vacate the house. Also threatened to vacate the house. Against this we filed an application to the police to lodge an FIR. No action taken by police. Now I have received summon from Additional District Judge. Landlord has demanded 5 lacs as compensation for not vacating the premises. The landlord has mentioned that he requires the property for self-use. Though the tenancy agreement expired in 2015, still the landlord is accepting rent [through bank] till date. No receipts issues since December 2016. I don’t have any permanent house where I can shift immediately. Please advise. I am not in a position to vacate to house before December 2017, as my mother is a senior citizen [70yrs] and I have two small kids also for whom the schooling would be affected
Advocate Smarika Azad answered
File reply to the summon or plaint that you have recieved. Tell the court about your difficulty and also that, you will vacate the same by december, 2017 till then you should be allowed to live in the premises. You can also ask the court that on the present rent we should be allowed to live. Regarding the question of self-use ask the landlord via reply that explain to the xourt exactly what self use he wants. And also, mention his property details in which he resides.
Q: Can I write brand name in different style along with logo
If i have a brand name and a logo of the brand,can i write the brand name in different style along with the logo.
Advocate Smarika Azad answered
If this particular brand name belongs to you, then you can do it to the extent where it does not loose it distinctive nature, and also these changes have to be notified to the TM registrar. Whereas, if this does not belongs to you, it will amount to gross violation of the exclusive rights of TM holder and it may cost you huge amount of damages. Hence, it is suggested that you should not change it if it does not belongs to you.
Q: Father gifted property to brother.Can married daughter claim any right
We are from Hindu Family , Can a married daughter claim right in a house property which belongs to her father and giftet by him to one of her brother without her consent and father is no more now?
Advocate Smarika Azad answered
If father willingly in his lifetime gifted that property to his son and gave nothing to his daughter (married), then she is not entitle to get any share in such property. But, for same, the son who acquired property by way of gift has to declare that he willingly did so and he had to present proper evidence in showing the same.
Q: Can I claim for non creamy layer status when father has government job
My Parents separated and divorced. Dad has no contact nor pays for us in ANY manner. It's hard to make ends meet with mom's private job n 20k salary. I'm in college brother in class 11. Dad is class 1 officer but we don't benefit from it. Can I avail OBC Non Creamy Layer reservation for a govt job? Though my father earns so much, in reality the annual income we thrive on is only around 2.5 lakhs p.a. earned by mom. Can I claim for non creamy layer obc.
Advocate Smarika Azad answered
Yes, you can since your parents are separated and your mother raised you up. You can avail OBC Non Creamy Layer Status. As the Law observed that Single mothers' children will acquire their status if they are below that line than child will also acquire that.
Frequently Asked Questions about Advocate Smarika Azad
Can Advocate Smarika Azad represent me in court?
Yes, Advocate Smarika Azad can represent you in court. The lawyer is trained to present your case in the most effective way possible.
What should I bring to my initial consultation with Advocate Smarika Azad?
When you meet with Advocate Smarika Azad for an initial consultation, it is important to bring any relevant documents or information with you. This may include documents related to your legal issue, such as contracts or court orders, as well as any other relevant information, such as a list of questions or concerns you have about your case.
How do I prepare for my initial consultation with Advocate Smarika Azad?
Before your initial consultation with Advocate Smarika Azad, it can be helpful to think about the specific legal issue you are facing and any questions or concerns you have about your case. You should also gather any relevant documents or information that you think may be helpful in understanding your situation.
What should I expect during my initial consultation with Advocate Smarika Azad?
During your initial consultation with Advocate Smarika Azad, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.
How do I communicate with Advocate Smarika Azad?
It is important to communicate with Advocate Smarika Azad regularly to stay updated on the progress of your case and to discuss any new developments or concerns you may have. You can communicate with the lawyer through phone calls, emails, or in-person meetings.
How much does it cost to hire Advocate Smarika Azad?
The cost of hiring Advocate Smarika Azad can vary widely. Some lawyers charge hourly rates, while others charge a flat fee for their services. Some also offer free initial consultations to discuss your case. Kindly contact the lawyer directly to enquire about the fee.