We have got cash credit loan for our business purpose. Recently, due to loss in business, we could not able to submit renewal papers along with audited financials. Now, the account has become NPA. We have been framed charges under Sec.420 for submission of forged/fabricated financials,which we havent did. Bank is telling that we in connivance with bank manager has dothe fraud has been done and because of this fraud bank is stating that they had incurred loss to a sum of sanctioned limit.From the preliminary investigation, we came to know that bank manager himself has submitted forged financials and also signed our signatures in renewal papers to avoid the account becoming NPA due to non-renewal and to mitigate the audit comments.But still bank is saying the fraud has been done jointly in consent with us.
Apart from this case, bank has now started recovery process under SARFAESI.
please share your opinion, since we have not done fraud, how we have to defend the case.
If the account will be closed by sarfaesi,still whether we have to defend the case or case will be closed.If not,how we have to defend the case?
|Originally posted by : Ash*t|
|Under what argument & law will her case be dismissed?|
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1. When you hypothecate the Vehicle in favor of the Lending Bank, by virtue of a Loan Agreement, THEN you do not remain the absolute owner, till the hypothecation is lifted, on the documents, which is possible only when the Loan is fully paid.
2. By virtue of the Surrender note of the Vehicle, you have voluntarily relinquished your rights on the Vehicle and the Lending Bank, becomes entitled to dispose of the Vehicle, without any further reference to you, more so specifically due to your Surrender Note. Hence now you will not be able to claim any adverse claim on the Vehicle and now you have become liable for the residual Loan amount that the Bank was not able to recover, after disposal of the Vehicle.
3. You may raise a dispute on the Bank's Sale-Price of the Vehicle and try to deflect the Banks claim on the remaining Loan amount.
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|Originally posted by : surya|
I got married in Jan,2012 and due to differences between me and my wife ,we have separated from August 2012 and living sepepeartely . She had filed a 498A complaint against me and family members in dec 2012 and is pending for trial at the court . The current status is pending examination .
After waiting for more than 5 years and multiple tries for reconciliation , I have applied for a divorce in August 2017 and got a exparte decree in Apr 2018 . She had attended for the counselling(lok adalat) and few dates in the court(Total 4 appearances out of 9 , trial took more than 9 months for decree) , after which the court declared her forfeit to submit the counter and declared epxarte divorce on the grounds of curelty and desertion . 13(ia) &(ib)
Now its been more than 2 months and i am waiting for completion of 90 days and thinking of starting a new life . As per hindu marriage act , 30 days is the wait period and family court act its 90 days for a remarriage . Which should be considered ?
As i know the cruel intention of my ex -wife and their family to harass me to any extent , what if i get married on the 91st day and my wife files a set aside IA application in court on the 30th/90th day ?? The notice would take anyhow 3-4 days to reach me and i am married by the time without the fact that there is IA petition pendging against me .
Will her application to set aside withstand ?? Will my re marriage be declared null and void ? will i be booked again on sections of bigamy ??
Looing for answers on how strong the case would with stand against setting aside the divorce decree.??
Yes you can sit in the exam, but please don't misrepresents or conceal anything to the UPSC as the FIR are a Govt. record and are preserved well.
See my dear friend, after going through the mail conversation I would suggest that your brother made a mistake in writing the resignation letter. The mistake is that he wrote that letter on 1st April 2018 and gave its effect on that vary date itself. There is no mention of prior notice of certain months or nor even reference of clauses of terms and conditions of the appointment letter.
Any way it seems that the employer is very nsecure and conscious about only his needs. This problem is better to tackle it wisely. Ask him to pay more if he wants to retain you further or such tcondition that he cannot never fulfill, else his silence or rejection will be assumed as acceptance of the resignation letter for his limited capacity after the three months period.
It is a criminal offence u/s 191,193,195,199 of IPC, 1860 to make false affidavit in one’s pleadings before court of law.
You can even file a private complaint u/s 200 before competent magistrate.
An application can also be filed in accordance with 340 read with 195 of CrPc.
Forged document cannot be enforced..
Forgery may go against the entity that has forged...(if proved)
The lender has the discretion to accept or decline settlement by lowering the total debt.
Kindly refer to your appointment letter which contains the terms & conditions including fixation of pay in present govt. service, this is very vital. Pay protection means protection of basic pay and not protection of gross salary .
The counting of past service is always related to the pensionary benefits and, does not always extend the benefits of protection of pay. It depends on the extant rules of the service concerned too.