Advocate Tushar A John

Questions Answered by Advocate Tushar A John

Q: Registration and fee stucture to start a draw scheme

I want start a draw scheme, Is that legal? If yes so kindly send me procedure and fee of registration.

Advocate Tushar A John answered
A draw scheme is legal as long as it does not fall within the ambit of lottery and provided such lottery is being held.in a state where it is illegal.In case your draw scheme calls for a person to purchase a product and the lucky draw is a bonus to the purchase, it would not fall within the ambit of lottery and would thus be legal. However, if the money spent by a person to enter the draw does not provide such person with a product or service in return, it would be subject to lottery laws of the relevant state where the draw is taking place.Assuming.you fall within the former of the above mentioned two scenarios you would not need any specific registration or license for the draw scheme as it would fall within the ambit of sales promotion. As regards the second scenario, the registration and/or license required would depend from state to state where lottery is legal.Hope the above is helpful.

Q: Is gambling allowed in India, please advise

I need to know about raffle system law in India, users buying ticket for big prize and one guy wins the prize. The computer picks at probability basis. Is this legal or not ? Thanks

Advocate Tushar A John answered
As gambling is a state subject in India, therefore, the legality of your proposed business would depend on the state where you intend to function. For example Sikkim, Nagaland and Goa have relaxed gambling laws whereas lottery is specifically legal in Kerala. Hence the legality of your business would completely depend on the state where you intend to carry your business..Further, in case you are looking at online gambling, we would say it is a legally illegal sphere due to the fact there is no specific law or court precedent in.this regard. Thus, parties can use various loopholes to set up online gambling websites while protection themselves from any legal action.The exact legality of your business, the possible structure to overcome any possible hurdles etc. Can only be commented upon after a thorough understanding of your model.Hope the above ks helpful.

Q: Is licence required for herbal products

We are making home made herbal products like bath melts, chocolate scrubs etc. Do we need licence?

Advocate Tushar A John answered
From your description, it appears your products fall within the ambit of cosmetics. If so, you would require the necessary license under the drugs and cosmetics act, 1940 for manufacture and sale of your products. In addition to the above specific license for cosmetic goods, you would need numerous statutory licenSes for your business in general such as license under legal metrology act, state specific shops and establishment act, state specific value added tax act, factory licenses in case you have a factory to name a few.Hope the above is helpful.

Q: What is the process of registration of trademark

services for registration of trademark

Advocate Tushar A John answered
Hi..The process od registration of a trade make commences with a prior tradename search which includes the search of the registry to ascertain if your tradename is even available for registration and the potential objections that could occur along with the chances of overcoming the same.Subsequently, based on the search results the relevant application(s) are filed. Post this stage, the registry reviews the applications and objects to them with objections, if any, or proceeds to advertise the applications in the trademark journal. In case of objections, the applicant is given an.opportunity to respond to the objections and try and overcome the same. If successful, the applications move to advertisement or else get abandoned.Once advertised, any third party may oppose the applications within 4 months from.the date of advertisement. If an opposition is filed, the relevant applicant would have to file its counter against the opposition.followed by filing of evidence by both parties and oral hearings based on which the registrars passes an order in favour or against the applicant. Such an order is appealable before the appellate tribunal.In case no opposition is filed with the stipulated 4 month time period, the application will proceed to registration.Lastly, a registration has to be renewed every ten years or else it gets lapsed.Hope the above brief is helpful

Q: Project not fully completed till date can we claim for compensation

I have booked an office space in Manesar.They have sold the office on the basis of the full project includes Retail space, Office space, 5* Hotel. project delayed also they gave us delayed compensation but not at par as still the project is not fully operational nor fully constructed they just to overcome the litigation they pressurized us for possession. We took possession just to safeguard our investment but still not able to lease as the other part of the project is still a dummy. Kindly guide us can we demand compensation or not. He has taken an Indemnity bond signed by us but before that, I have written in the letter that I am taking this project under protest.Kindly advice us

Advocate Tushar A John answered
You are very well within the ambit of moving the consumer court for compensation. Based on the limited facts presented by you it appears the property has not been developed as promised and planned, hence you have a legal right to seek compensation under various heads.Having said that, the merits of your case can only be commented upon once we have gone through the supporting papers.Hope the above is helpful.