POWER OF DEFENSE IS IMMENSE - firmaction@gmail.com
[ Scorecard : 15087]
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Posted On 13 March 2012 at 10:23
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Once you admitted the debt payment will not absolve with convication.
JUST READ THE AZRUDDIN MP CASE WHERE BOTH PARTIES MADE COMPROMISE SO THE CASE WAS DISMISSED BY WITH A FINE OF RS FIFTEEN LACKS ON AZRUDDIN MP WHO WAS ACCUSED.
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director
[ Scorecard : 635]
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Posted On 13 March 2012 at 10:25
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Yes, when a person dies, his legal heir can take his/her place in a matter u/s 138 N I Act as complainant.
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POWER OF DEFENSE IS IMMENSE - firmaction@gmail.com
[ Scorecard : 15087]
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Posted On 13 March 2012 at 10:30
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Can you please give any provision of law wherein legal heir is allowed in NI 138 cases.
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director
[ Scorecard : 635]
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Posted On 13 March 2012 at 11:14
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Respected Sir,
please have a look upon the following citation:
MANU/MH/1262/1999
Equivalent Citation: 2000CriLJ1622, 1999(2)ALD(Cri)751
IN THE HIGH COURT OF BOMBAY AT GOA (PANAJI BENCH)
Crl. Misc. Appln. Nos. 136 and 116 of 1998
Decided On: 15.01.1999
Appellants: Helen C. Pinheiro and Ors.
Vs.
Respondent: Kamaxi Steel Products
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POWER OF DEFENSE IS IMMENSE - firmaction@gmail.com
[ Scorecard : 15087]
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Posted On 13 March 2012 at 11:43
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Very good work done, the citation allows substitution of complainant. THANKS.
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Scientist/Engineer
[ Scorecard : 2167]
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Posted On 14 March 2012 at 19:03
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It will be necessary to prove to the satisfaction of the court that the persons claiming the estate of a deceased complainant are the legal heirs.
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POWER OF DEFENSE IS IMMENSE - firmaction@gmail.com
[ Scorecard : 15087]
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Posted On 14 March 2012 at 19:17
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There will be other whole lot of problems since for conviction the depostion must comply wiith section SIXTY OF EVIDENCE ACT.
Mere existance of bounced cheque is not sufficient., legal heir will be only holder is due course.
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Scientist/Engineer
[ Scorecard : 2167]
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Posted On 15 March 2012 at 17:43
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There are two things here. (1) Recovery of cheque amount (2) Conviction and punishment of the accused. As regards the first point, things are clear. The legal heirs are entitled to claim the amount. As for the second I would think that problems in collection of evidence would be the same whether the mother was alive or dead. Even when she was alive, I would imagine only the lawyer and the sons would have been actively pursuing the case on behalf of the mother.
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POWER OF DEFENSE IS IMMENSE - firmaction@gmail.com
[ Scorecard : 15087]
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Posted On 15 March 2012 at 18:39
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NI 138 cases are not for recovery for conviction.
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merchant navy
[ Scorecard : 34]
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Posted On 01 April 2012 at 13:44
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i m paid 2 lac rupes to agent for placement in merchant navy.after cheted with me. he agree to return my rupes
and give me cheque of 1.8lac. in 3 parts 60x3. in differnt date.now two in this chque is bounced.lastcheque date is 10 april.
wht we do for recovry my monye ols tell me.i send to him legal notice.
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