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The Government has amended sections 2 and 14 of the Atomic Energy Act, 1962 through the Atomic Energy (Amendment) Bill, 2015, which would enable Nuclear Power Corporation of India (NPCIL) to form joint venture companies with other Indian PSUs to meet

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Experts Exchange

Suit u order 37 cpc against legal heir against dishonored ch

Posted by Madhu Mittal

A loan is given to Mr. borrower on 25.04.2017 by taking in repayment a post dated cheque dated 25.04.2018 when presented on its date, it returned with remarks a/c freeze. When notice u/s 138 was issued, It has come to our knowledge that he expired on 21.03.2018 i.e. before presentation of cheque in Bank on 25.04.2018.
Last payment of interest by cheque was on 06.02.2018.
1. Whether suit under Order 37 CPC can be filed on behalf of this returned cheque of borrower against his legal heir i.e. wife.
2. If yes, whether notice u/s 80 CPC is to be issued again or notice u/s 138 earlier issued was sufficient.
3. Any other remedy.

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Updated on : 18/01/2020 23:35:22


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