Advocate Vikramjeet

Questions Answered by Advocate Vikramjeet

Q: Validity of arya Samaj marriage

Meri shadi arya samaj mandir me 1 saal phle hui thi..lekin kisi problem ki wjha se me wo shadi register nahi kara payi..to kya bina shadi register karaye..kya arya samaj mandir ki shadi toot sakti he? Mera husband ab mujhe accept nahi kar raha he..to kya arya samaj shadi valid he bina registration ke ya nahi? Agar mere sasural wale mujh pe case karde to kya ye arya samaj shadi toot to nahi jayegi na?

Advocate Vikramjeet answered
Arya Samaj Marriage is Valid even if not registered. You can still get it registered. It is not clear what exactly you want, So it is better, you should consult an Advocate and explain your complete case to him/her.

Q: Legal query regarding protection of Copyright

I have written a maths book for college as per university syllabus. Can I protect my work under copyright?

Advocate Vikramjeet answered
Yes you can protect your work by filing a Copyright Application. Generally Copyright does not need any compulsory registration. However, it is better to apply and have a proof that you are the Author which would help proving the same in the court of law. There are three parties to a copyright:1.Author2.Owner3.PublisherAuthor is the owner, if he has not either sold the rights or given a NOC to any person. Further, If Author is working for an organisation and the Appointment Letter has a condition that the company would be the owner of any work done by the employee/Author while working for the company, in that case, the Author cannot claim ownership.Hence, if in case an owner of the copyright, is applying, he has to file NOC from the Author as well as Publisher.However, in your case, you being the Author needs NOC from the Publisher and apply accordingly.

Q: CHEQUE BOUNCED- DRAWERS SIGN TO OPERATE ACCOUNT NOT RECEIVED

Dear Sir I have deposited a cheque and cheque returned with the reason "DRAWERS SIGN TO OPERATE ACCOUNT NOT RECEIVED" Sir please clear me what is the meaning of this and Can I file a case u/s 138 against this bounced cheque. I have deposited another cheque that is returned with the reason SIGNATURES DIFFERS.... Can I file the case u/s 138 for this cheques ? 

Advocate Vikramjeet answered
Yes, you can file a case u/s 138 NI Act.The Negotiable instrument Act only provides that the case can be filed under two circumstances, they are:1. If the amount of money standing to the credit of the drawer's account is insufficient to homour the cheque.2. The amount in cheque exceeds the amount arranged to be paid from that account by an agreement with the Bank.However, Hon'ble Supreme Court in the case of M/s Laxmi Dyechem vs. State of Gujarat & Ors. has held that dishonour on the ground that "signatures do not match" or that the "image is not found", would constitute a dishonour within the meaning of Section 138 of Negotiable Instrument Act.Hence, if the cheque is dishonoured because of insufficient funds or due to account has been closed or because the payment has been stopped or if signature do not match or even image not found, all the above reasons would make the drawer liable, hence, a case can be filed in the court of law for his/her prosecution.Regards,VikramjeetAdvocateDelhi High Court

Q: Company used defective motherboard in phone no warranty what to do

Company changed my phone motherboard in warranty (20-June-2017) and my warranty is over on 21-June-2017 but after change motherboard within 3 days it again faulty (23-June-2017) but reason is other for fault, the reason is whatever but they said your motherboard is faulty which they changed but now my phone is not in warranty (because my warranty is over after 1 days they changed). can i register complaint in consumer court?

Advocate Vikramjeet answered
Yes you can go to consumer court stating that a defective motherboard was fitted when the phone was within the warranty period and now the phone company is illegally not repairing the phone. It would be better to serve them with a legal notice first.

Q: How to check for marriage certificate

Whether it is possible to check whether a person has any marriage certificate or not? Hindu

Advocate Vikramjeet answered
First you need to check where the person resides and accordingly, you have to file an RTI with the concerned marriage registrar office of the area where the girl resided or the boy resides, there is a chance if marriage was either consumated or registered with said registrar then they may provide you with such details.