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R Murali   14 March 2008 at 13:35

Section 138 of N.I Act

"X" filed a complaint before the Metropolitan Magistrate for an offence under Sec. 138 of NI Act against "Y" a limited company & its directors "A" & "B". In the complaint, it was alleged by "X" that a cheque for Rs. 10 lacs was issued on behalf of accused company for the debts due to the complainant & said cheque was dishonoured on the ground of insufficency of funds and statutory notice was issued to the accused company as well as to the directors but no amount was paid. The Magistrate took cognizance against the company & its directors. The accused company raised objections that winding up proceedings have been order by the company court and hence no prosecution could be co0ntinued against the company. The magistrate dropped the proceedings against the company but proceeded against the directors. The directors filed an application for dropping of proceedings against them on the ground that the complaint was not maintainable without prosecuting the company. The magistrate dismissed this application, Challenging the order, the directors filed revision before the session court.

How to prepare a memorial offer on behalf the complainant company or Director to argue the case

harish   14 March 2008 at 10:30

legal drafting

Hello,

I am harish. i want to know about the format for legal drafting in criminal & civil cases.
Also help me about how to write a police complaint letter.

regards
Harish

Varun Jani   13 March 2008 at 23:06

How to Become Income Tax Officer?

I am Graduate and i want to become Income Tax Officer.
So anyone told me that How to Become an Income Tax Officer?
Tell me full Details and Procedure for it and how to apply for that.

Prabhu   13 March 2008 at 19:11

A compay based at Delhi has cheated us

Dear sir / Madam

Iam Prabhu, Managing Partner of my firm Prabhu Associates in Bangalore.I had taken a sole distribution of a company, Whitening Expressions Laboratories pvt ltd, delhi, a company which is into oral care products marketing.Due to product and other internal company problems, the company could not be success story. As per the company instructions, i sent back the unsold and also the market returns stocks back to the company at Delhi.There are several channel partners for the company.And all have sent the stocks back.Its more than 18 months that we have not got our settlement.The amount runs in few lakh rupees.All the channels partners has to get the amount from the company. We are regularly trying to get in touch through all types of communication, but still we are not getting any reply from them.We had been to Delhi personally.The office is still existing and the MD of the company has started a new business. He is not settling our amount.He has been avoiding us.We have been cheated.We have sent the legal notices, but the company is not accepting any such notices. So all our notices are coming back to us.
We require your assistance in getting back our money.There are many trade partners, whom the company has cheated.please help us in getting back our money.

SAM KOSHY   13 March 2008 at 18:07

Universities


In India, the chancellor of each university is the Hon' ble State Governor.

But why they give their approval to start educational institutions under the unviersities with inadequate facilities & approval from the educational bodies such as Medical, Nursing council of India. AICTE etc.

Why the Chancellor,vice chancellor put their signatures on the MOU.

If the colleges either fail to meeet the approval with in the time limit, who will take the responsibility ?

R Murali   13 March 2008 at 17:25

Family law - Divorce

"X" married with "Y" in May'90. "X" was tfd to elsewhere after marriage which is not liked by his wife "Y" & told "X" totake back the tfr & insisted to stay with her parents & left her in-law's house in Feb. 91. Inspite of "X"'s request "Y" refused to come back. In August'91, "X" sent a notice for restitution of conjugal rights & in 1993 filed petition for dissolution of marriage on the ground of desertion before family court. During the pendancy of the divorce petition, before the same court, "Y" filed an application for maint under Sec.125 of Code of Criminal Procedure. The court allowed the application by granting maintenance. "X" preferred a revision petition before Hon'ble High Court on the ground that once the Family Court passed the decreee of divorce on the ground of desertion by "Y", an order of maint could not have been passed.

How to argue the case pl

SAM KOSHY   13 March 2008 at 16:57

Compensation, gratuity


One pvt Ltd company with about 3000 workers closed during the year 1984. So many cases are pending in High Courts with the mgmt on the first part & state govt. on the other part. So many other cases are proceeding in the Mumbai high court also. Everybody Know there is no chance to open the company again. Actually the company is closed during financial liablities and employee strike.

Cases are running & pending since 1984 ( Around 25 years).

As a poor employee what can I do under this situation for my gratuity and other benefits.I have 17 years service with the company.

When an employee approach a lower or high court at last the judge's judgement will be like this '' the case is already in the consideration of high court''.

In India If you put around 10 cases againist one case nothing will be going to be happen for the next 25 years. is it true.

If a state govt also included in the case then what the employee will do ?

S,K,



Gagan   13 March 2008 at 15:25

Due Diligence for acquiring a property

Hello Friends,

Can nayone provide me a cecklist on Due Diligence for purchasing a property.

Thanks in anticipation,

Gagan

debashisroy01   13 March 2008 at 14:51

Industrial Employment Act - 1946 - Standing Orders

Dear Experts,

As per the Industrial Employment Act (Standing Orders) 1946, what I have known is that it is applicable to all establishments wherein 100 or more workmen are employed or were employed on any day during the preceeding 12 months.
I have seen this act for the states of Punjab, Delhi.
I would like to know from our experts here, that whether the state of haryana has ammended this act, which makes it applicable to establishments with 50 or more workers employed in the organization.

Your immediate responses would be highly appreciated.

Thanking you in advance.

Regards
Debashis Roy

sharath   13 March 2008 at 14:05

realted to transfer of property

sir ,

my father have transfered the property into his name which was on my grand father. after his death (the property was shown to the income tax department on my grand father name as an individual )
now for this he should pay any extra taxes for it(ie income tax or give any letter to it department as it is transfered)