venkata subrahmanyeswara rao B
20 December 2011 at 20:38
I served a registered notice under section 138 (a) of N.I.Act. I do not know whether my registered notice delivered to the addressee or not. As I have not received the acknowledgment card and haven't got the registered notice returned. That's why I filed a complaint before the postal authorities. They replied on 15/12/2011 that the registered notice was delivered to the addressee on 15/11/2011. In the above mentioned circumstances can I have the time to file the complaint. If, yes please furnish citations to be quoted.
with thanks and regards
ANIL KUMAR VERMA
13 December 2011 at 21:06
equitable mortgage has been created by the borrower for loan. borrower expired, now how e/m shall be revived and by whom?
secondly, in case of guarantor whose property is mortgaged (E/M) he dies how E/M shall be continued, because borrower wish to continue the same.
Anonymous
13 December 2011 at 18:16
i have 3 stamp paper of Rs.100 of the year 1999,2001,2005 respectively can i use it to make sale agreement of leave and license purpose if not or yes what is the reason behind it pls clarify and how can i used this stamp paper for any purpose and from which date to that date stamp paper is to be known valid stamp paper.
Anonymous
11 December 2011 at 02:28
dear sir,
my father buy a property in 1973 in the name of our mother before marriage, but now my father & his mother is dead in 2011.& my father has 2 brothers ask their share in this property now pl suggest
Anonymous
10 December 2011 at 22:27
Sir,
Is restrospective effect is applicable for Domestic viloence act ?
If husband and wife are living separately for more then 10 years ,shall the wife can file case under domestic violence act now.(They livied together from the date of marriage (Aug'1998) to APR'2001 (wife left the matrimonial home volenterly due high level of differnce of openion with husband).
But after she went from home, husband file divorce case on the grounds of desertion during 2003, and immediately wife also filed RCR and she got favourable order. Againt husband gone for appeal in district court, and thereself,she got order in her favour during 2007. Further,husband gone for appeal to high court during 2009, and it was kept pending till date.
In mean time, during 2005, she file maintanance case under 125 crpc and got the order in her favour and accordingly,she got the maintance amount till 2007. After that, he has not collected the amount by way of collection petition.
This is the situation, how to come out from the above issued.
How to face the DV ACT Case.
How to wind divorce case.
I am ready to pay the maintanace,as per 125crpc order for last 1 year only.
Seeking for valuable suggetion in this regard.
venkatesh Rao
10 December 2011 at 16:08
Mr. A had four sons and one daughter. His wife died long back. He had a house self acquired. He executes a settlement deed in favour of his eldest son that subject to the condition that he performs the marriage of the daughter (his sister) the house property is conveyed. Possession followed. But the son fails to perform the marriage, A performs the marriage. He files a suit for recovery of possession of the house.
During pendency of suit, A died. Three sons and the daughter filed an application for substitution of the LR,s.
1) Whether defendent son should be impleaded/substitued as LR?
2) If not, does not the suit fail for non joinder of necessary parties?
3) If yes, sole defendent transposes as Plaintifff 1(a) and suit lies against nobody?
Sandeep Singh
09 December 2011 at 23:25
Mr 'X' died in 2002 leaving behind wife,2 sons and Mother as Class 1 Legal Heirs.
Mr "X'' has some self acquired House property and has made no will.
In 2010 Mother of Mr.'X' also dies leaving no will.
Will the property right of Mr 'X' Mother roll back to wife and children of Mr. 'X' or to remaining Class1 Heirs of Mother.
As per Section 15(2) of Hindu Succession Act, property should not be allowed to drift away from source through which female heir has actually inherited the property.Else object of Section 15(2) will be defeated and will become meaningless and redundant.
Which means that after death of Deceased Son’s Mother, the Mother’s Share in deceased son’s property should devolve upon remaining Class 1 Heirs of the source,which means wife and children of the deceased son.
Else, the Deceased son’s share would ultimately drift away to his brother’s and sisters through deceased mother’s route.
Is this position legally correct?
Anonymous
09 December 2011 at 21:39
pc granted to cbi by the cbi court in rajasthan whether cbi offical can take accused out of rajasthan for interrogatin without transit permission or without specific permission of court? case law with answer will be appriciated.
Anonymous
07 December 2011 at 17:28
A company borrowed money from another Company.
A borrower company gave a cheque towards payment of its dues, which got bounced. The borrower company did not give any reply to the notice sent by the lender company / complainant.
The lender company filed a complaint u/s. 138 N.I.Act.
The lender company has also filed a separate petition for winding up, on the ground that the borrower company is unable to pay its debts.
In the meanwhile, the Borrower Company has filed a suit against the complainant for recovery of money on appropriate facts, reasons and grounds. According to the Suit, the lender company (complainant) has to pay the borrower company after adjusting the amount due from the borrower.
In these circumstances:
(1) Whether the borrower company can take the same defence in the 138 case and ask the Magistrate to stay the proceedings?
OR
(2) Whether the borrower company has to file a petition before the High Court seeking stay of the proceedings in the complaint case u/s. 138 N.I. till such time the recovery suit filed by it gets finalised?
Experts may please guide and also cite Supporting Case laws if any.
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