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Rajesh   26 July 2009 at 00:33

Section 420 ^ 506

Hii One of Friends has got Into a Problem a Case of Section 420 & Section 506 has been Filled , I need Your Help in how he Can get out of this .

Friends Name : Jayesh
Complaintant Name : Mr.Panwala
Third party : ( Alliance Finance corporation)

My Friend Jayesh Started Trading in Stocks few years back, he got introduced to Mr.Panwala through Some Family Friends. Now they Both Mutually Decided to trade in stockmarket under Some personal Shareing Basis . So for This Mr.Panvala issued a Check For 65000 Rupees , As Mr.panwala Didn’t have a trading account opend . My Friend got the Check Discounted by taking Cash From Alliance Finance Corporation , Mr.Jayesh Started trading in his personal account with a registerd broker .Now the account was in profits & they were Also using the Funding Facility given By stockbrokers So on deposit of 1.5 lac he was holding shares for amount of almost 4 lacs in the account . Now One Fine Day mr.Panwala Said he wants Some money back and close things . So Mr.jayesh my friend issused Him a Check for 77684 Rupees without Writing the Date on it and informed mr.panwala that the shares will have to be Sold first than he will get the money back in his personal account in few Days and mr.panwala can Deposit the check . Next trading the markets open down too low and my friend Called him up informing mr.panwala that shares will get sold at very Lower Rate and they mutually decided that they would hold the shares and My Friend Informed Mr.panwala that not to deposit the check . as Everything was going on fine and the relations were good he didn’t take the check back . In the following Days the Stockmarket Started going lower & lower . Now they got into Debit account . as they were holding shares worth 4 lacs they now become almost 1.5 lac . Loss of 2.5 lac . So my Friend asked Mr.panwala to pay his part of loss to him back . in the mean While my friend had to pay the money to broker for the losses and same time he cleared all dues with main broker . Meanwhile as the Losses were Increasing he was left with no money and has used his credit Card mean while to pay dues and than he got defaulted on credit card payments and bank Closed his Saving account which was interlinked to Credit Card
Note: the Bank Closed His account . While all this time he was demanding Money from mr.panwala so he could come of all this . Slowly the relations started getting bad and Mr. panwala subbimitted his check in the bank with got Returned with Stamp Closed Account . When My friend Relaised Same he got angry on mr.panwala and informed every in the group that mr.panwala Did like this and cant be trusted anymore . Same time he was using pressure on mr.panwala to pay him the loss amount and had many heated arguments with him over phones

So to Make things worse after 4 Months mr.Panwala Deposited Same check again and the next Day First Send a notice to My friend under section138 to repay the amount . My friend approached a lawyer Who told Him that as mr.panwala has never given a Check Under your name to you . He cannot Legally prove that he has given you money and claim will on bounce will not stand up in court as he cant prove he has paid you money
So my friend Didn’t look into the situation much and Nor Did lawyer Reply to that Notice

Later on Few Days later my Friend got a Call From police Station that he is been called for Some investigation for a complaint Filled by mr.panwala for non payment of dues and the check has got retuned with Stamp closed Account which is Cheating

So Now a Complete Case has been Filled with Story that Mr.panwala gave him a check For rupees 50,000 in Hand which he intentionally Deposited in third party Name and took Cash From third party . Used the money for personal Expernsed and when he mr.panwala Asked For the money back . he Cheated him by using a Check From closed bank Account which is Fraud and Cheating

So Cases Under section 420 & 506 have Been Filled against Him and Polic

A Truthseeker   25 July 2009 at 21:57

sec-498A IPC

sec-498A IPC should be made bailable so far as the relatives of the husband are concerned. it is the duty of primarily the husband to protect the wife from torture. if the wife is tortured it would be presumed that the husband is prima facie responsible and he in no case can escape it. but it is very easy to implicate the husband and the such circumstances in case of false accusation at least the relatives may be saved.

P.S.Subbaraman   25 July 2009 at 21:21

Specific Performance

A Plaintiff has filed a suit for specific performance and he has pleaded that under Sec 53 A of Transfer of Property Act he is protected, but as per the recent amendment when possession is given through an unregistered agreement under Sec 17 of the Registration Act the document has to be registered. Will the Plaint suceed in the suit ?

Sarvesh Kumar Sharma Advocate   25 July 2009 at 20:19

freelancer's group

All Lawyers.
we all professionals are togather from so many time.and also a helping hand of each other.
in our profession some time we visits to out side courts in all over India,for our legal work.
[but ganraly visiting outer courts is not so easy because there was we feel alone]
due to this reason I have a praposal to all of you.
why we not make a freelancer this group we enrold our name and address (in which place we are working as lawyer)and also our contect no..
sand me the feed back regarding this group.

munish   25 July 2009 at 18:11

transfer of goods

i wish to transfer the goods from Head Office to Branch Office within the state.

Which document required for that transaction.
if any format please provide me.

anson   25 July 2009 at 16:39

interest at which money lenders are allowed grand money in m

i would like to know at what interest money lenders are allowed to give money to public at the guarentee of check

and what are the laws to avoid the public from harrasement from the money lenders?

whether yhe public can go to court for collecting money at over rate of interest?

R.R. KRISHNAA   25 July 2009 at 16:20

Legal Professional services

Dear friends,

If any lawyer is not paid the charges for the professional services, what could be the limitation period to file a suit for recovering the charges for professional services. I was told that only for recovery of loan or borrowings or lending of money the limitation period is 3 years and I am further informed that for claiming professional charges as stated supra there is no limitation period.

It it true? Kindly refer to judgments or authorities if any.

Pramod Kumar   25 July 2009 at 16:03

Regarding unilateral Agreement - Void or Valid

Dear Members,

Seek your opinion on the following below facts that is quite interesting.

"A" and "B" enter into an agreement to do a business, the agreement was drafted by "A" and all the clauses were in favor of "A" can be said as unilateral agreeement.

There is a clause in the agreement which says "A" can terminate the agreement with "B" anytime after giving one month notice in writing and WITHOUT CITING ANY REASONS.

1. There is no consensus ad idem as per the essential ingredients of the Contract Act. Since "B" had no other option to do business he signed and is currently doing business.

2. Now "A" is threatening to terminate the agreement.

My question is here

1. Can such a unilateral agreement be changelleged on the ground of consensus ad ideam and protect the interest of "B" from being terminated.

2. Is there any other way to save "B" from being terminated arbitrarily.



Kiran   25 July 2009 at 15:45

Ancestor Property Will

My Grand father purchased a property and after his death my Grand mother made a partition deed on 1966 and my father got a separate property. I have two sisters (married) and asks partition of the property through an advocate. As the property is in such a way that there is no way to be given on partition, only if our living house is removed. My query is
1) Whether there is any law suggest to give the share to my sisters. If not,
2) Whether my sisters can challenge the will made in my name. If yes,
3) Please suggest a way to solve this problem.

allurisivajiraju   25 July 2009 at 15:41

Fate of the unregistered leese deed for 6 years.

Respected Seniors,

Mr. X gave his fish tank an extent of Ac. 5-00 Cents to Mr. Y for leese of Rs. 15,000-00 per Acre for a period of 6 years. There was written agreement between the both parties but is was not registered.

Mr. Y enjoyed leese agreement fish tank for 3 years and paid leese from time to time without delay and now 4th year is running.

Now Mr. X threatened Mr. y to vocate the fish tank since recently there are abnormal leese rates going on in that area for neighbours fish tanks. Nearly Rs. 35,000-00 per Acre for year.

In the above circumstances what is the option to Mr. Y to protect his right ie. Peaceful enjoyment of figh tank for leese period. Can he get injunction order from the Court against land owner ie. Mr. X that not to interfere in the leesed fish tank up to leese period by filing un registered leese agreement deed for collateral purpose.

Please advise me as early as possible. Thanking you in advance.