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04 November 2017 at 14:26
sirs,
two person was having a " Either or survivor " bank A/c . A cheque was signed by one person alone and was issued to complainant, which was bounced....complaint filed u/s 138 NI Act. whether 138 will be attracted to a person who has not signed to the cheque ?
any high court or supreme court rulings ?
what is the difference in legal position with regard to non-signing by one of the A/c holder, in case of a JOINT ACCOUNT and EITHER OR SURVIVOR ACCOUNT.....?
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04 November 2017 at 13:40
sirs,
accused is a registered company. complainant now wants certain details( ie, who is in charge of the affairs of the company at the relavant point of time ) from the accused for proper conducting of his case. accused resists complainant,s petition u/s 91 crpc on the ground of self incriminating.who will succeed ? any rulings of supreme court and high court ?
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16 July 2014 at 09:32
SIRS,
I need your help sirs,
i am appearing in a 138 case for the accused.
Actually the accused is a Pvt Ltd Company.
so, the complainant has arrayed 4 persons as accused ......A1 is the company itself, in its official capacity....A2 is shown as "Director" of ....company.....A3 and A4 are two induviduals, shown as "cheif operating officer and executive vice president "....
in the complaint, it is avermed that A2 and A4 represented themselves as persons in charge of management of affairs of business and dealings.
No other document produced to prove this.. just a mere averment.
only A4 person signed the cheque.
case is that :
the was an oral business agreement between the accused and the complainant and the accused took 1 lakh as advance amount and subsequently failed to comply with the terms of the agreement. so the complainant
asked for the money he paid . the the accused gave a cheque , which subsequently
bounced. this is the case .
here, whether i can take the plea that cheque was taken as a security and hence 138 NI Act is not applicable, as per Bombay High court Citation ?
whether any witness is required for the payment of money in 138 cases ?
complaint has been filed against 4 accused , but, notice has been issued only against 3 persons .is it will vitiate the trial ?
( actually there are only 2 persons , other two persons are "legal persons"..ie, cheif operating officer" and "vice president. " )
these are the facts of the case ...
trial is fast approaching .....
so, please help me ....
PLEASE TELL ME WHAT ARE THE DEFENCES I CAN TAKE IN THIS CASE...
WHAT ARE THE POINTS I SHOULD HIGHLIGHT IN CROSS EXAMINATION OF THE COMPLAINANT ?
TELL ME APT CITATIONS ( PREFERABLY OF SUPREME COURT OR KERALA HIGH COURT ) SUITABLE FOR 138 CASE , AGAINST PVT LTD COMPANIES AND ITS DIRECTORS .....
THANKING YOU ALL IN ADVANCE , SIR, ....
SALIL KUMAR
ADVOCATE
THALASSERY
9447536929
9061435365
WHATSAPP 91-8075113965
16 July 2014 at 09:06
SIRS,
There was a land dispute between two persons. The case of the plaintiff was that his neighbor encroached upon his property by erecting a late rate stone wall and when the plaintiff questioned his high handed act , he assaulted him , abused him using filthy language and man handled the village office staff who came to measure the property.
... and now the civil case is pending before the sub court.
meanwhile , i have filed a criminal case based up on the same facts, incorporating sections 447, 323, 294(b), IPC etc.
Now , that case is also pending before the magistrate court.
Now the accused , herein has approached the high court for quashing the matter. but, high court , instead of quashing the matter, stayed it for the time being ...
and, now finally posted for hearing the case.
so, respected experts, i need apt citations to show that this case is not fit for quashing.... and he should be compelled to face the trial at the magistrate court for his high handed act.
he can , at the most , approach the magistrate court for discharge.
thanking you all, sirs..
SALIL KUMAR
ADVOCATE
THALASSERY
WHATSAPP 91-8075113965
10 July 2014 at 22:35
sirs,
i would like to know whether lease agreement has to be registered as per some new amendmend ?
whether a third party can obtain the certified copy of the regd lease agreement from the registrar, with out the knowledge of either party, on payment of fixed copy expenses ?
what informations are required to file a copy application in the registrar"s office ?
thanking you, sirs ...
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25 May 2014 at 16:26
sirs and madam,
i have a doubt on lease agreement.
here, X is the landlord and Y and Z , are the co-tenants.
Y and Z executed a joint lease agreement , in favor of X.
Now, Z intends to withdraw from the tenancy agreement and Y intends to continue with the tenancy agreement.
if so, what is the new agreement that should be prepared between X and Y ?
whether a release deed by Z ,in favor of
X is sufficient ?
or , altogether, a new lease agreement between X and Y is required ?
please advice me , sirs and madam ...
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20 May 2014 at 06:51
Sirs and Madam,
Now-a-days, practicing as a lawyer , at the subordinate courts alone, is not an easy task .The number of law colleges in every nooks and corners has increased, resulting in the enormous increase of junior lawyers in every bar , every year.... which in turn , results in the cut throat competition among the junior lawyers, which ultimately compels every junior lawyer to adopt all sorts of malpractices , such as touting ( appointing agents to canvass cases ) etc. this is the present scenario in district courts in almost all area. the position in high court is little better as the number of lawyers is comparatively less.
so, here, if a person is thorough with the legal provisions, but does not have touts and agents to canvass cases, he will not succeed.
so here, my question is to know what are the other source of income for a junior lawyer online or otherwise , apart from practicing at the district courts ?
what is LPO ( legal processing outsourcing ) ?
whether any specialized course has to be undergone for it ?
Is there any websites which pay for writing essays online ?
what are the procedure to be adopted , if a lawyer has written book on law and if he intends to publish it ?
which are the the major law books publishing companies in india ?
AND, finally, please mention, any other sources of income for junior lawyers, which you people think proper, online or otherwise.
expecting a detailed answer, sirs and madam,
thanking you sirs, and madam,
SALIL KUMAR
ADVOCATE
DISTRICT COURT
THALASSERY
09447536929
09061435365
WHATSAPP 91-8075113965
08 May 2014 at 12:05
good morning sirs and madam ,
i am putting a legal query here for discussion. please express your views and opinions in this forum itself .
here, a lady filed a complaint under domestic violence against her husband and husband's mother in the magistrate court and a divorce petition in the family court . when the divorce matter came up for mediation, the matter was settled . in the divorce petition, compromise was recorded, on some conditions that :
1) husband shall pay 2,00,000 Rs to wife
2) they shall file a joint application for divorce u/s 13-B
3) wife shall withdraw all the cases filed against the husband
4) lastly, both the parties shall not file any case against each other , in future also
on the basis of these conditions, ( an agreement was executed in this behalf and that was filed in the court also ) family court court , recorded the compromise and pronounced the judgement in the divorce petition.
now, interestingly, the wife comes up with an allegation that she was compelled or forced by her counsel and the opposite counsel to sign the compromise deed .... and that is how she has signed the agreement...and the amount received by her is very less.....she is entitled to get more ...this is what she says ....
stating all these, she filed a complaint in taluk legal service authority for taking proper action and the legal service authority appointed a new lawyer to look into the matter and see whether anything can be done ,,.....
MY QUESTIONS ARE :
----------------------------
1) whether anything can be done to cancel the compromise entered into between the parties, on the compulsion of both the lawyers, against the interest of a party, after entering into ?
2) she says that if she is not allowed to cancel the the compromise deed, she will not withdraw the cases at the magistrate court, as mentioned in the compromise deed . whether any action can be taken against her for the violation of terms of compromise deed ?
3) whether there is any provision for review or re-open the family court case by the same court or by the appellate court ?
sirs and madams,
let us discuss this matter and find out a solution .....
thanking you, sirs and madam ....
SALIL KUMAR
ADVOCATE
DISTRICT COURTS
THALASSERY
09447536929
09061435365
WHATSAPP 91-8075113965
19 November 2013 at 06:43
dear sirs,
the object behind the creation of a bar council for each state is to keep up the discipline and integrity of advocates.......
but, my question is that , if a bar council member commits corruption by falsification of accounts, is there any remedy , in the bar council rules ?
WHO ALL CAN LOADGE A COMPLAINT ?
before which forum ?
whether details can be obtained by a RTI Application ?
thanking you sirs,
salil kumar p
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420 by company, company not made an accused
sirs,
some persons formed a company, got it registered ,using forged documents......and cheated some persons.....in such cases, is it not necessary to array the company also as accused, apart from the directors ?
if the accused person used some other name during business transactions, whether it will become impersonation ?
can he take the defense that its his business name ?
there was an agreement to install solar connection.....failed to install it....returned half amount later......whether 420 is attracted ?
pls give case laws