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arun shokeen   17 May 2011 at 07:06

Negotiable Instrument Act

First of all ,Thanks a lot for your suggestions and references with help of them My case is now in good conditions but in My case, another application made by Accused side,they said that they issued cheque as security so they are not held liable to pay amount as its not a legal debt. they also hv my hand written statement but bearing no witnesses sign or any other thing on that, whereas, i submit the check before completion of the cheque time period and agreement time period, i mean agreement on 2-2-2010 and for 8 months i submit that before 10 days of completion of agreement and also i like to mention that they issue two cheques and they have written submission about one cheque, so i have defence about one cheques which not referred by them about second i need authority and suggestion as in our District court usually Authorities not used and when i use, Judge expect same in others part also.

2. They make application under sec. 145 (2)to Cross examine i have plea that because they appears after two years of valid summoning and at the last stage of NBW and P.O beginning and its a summary trial so they should not be allowed .along with Judgement that even if allowed they have right of cross restricted to My client Affidavit ,so advice me whether my plea are right and whether i can restrict them to cross examine my complainant.

Again thanks a lot to all experts .because its an impressive things aqnd morale booster to a beginor like me, and thanks a lot to Lawyers club India. so please i again wants help of my Elders and others.

Anonymous   17 May 2011 at 00:28

Query under information technology act / CrPc

a couple of employees of my IT firm have quit in close succession, and I have learned through another employee that they are planning to use software & IP created while they were employed in my firm, to sell that IP to competing firms for money, and to use that IP to launch their own business.

We have agreements from all employees stipulating that all IP created during employement rests with the company. Also, while employed, employees must not indulge in acts injurious to the organization.

we have trhu spyware loaded on official laptops and PCs been able to access private email accounts of employees which show them to be indulging in acts of IP theft and acts contrary to their agreement with our organisation.

Our dilema is whether to use the evidence gathered through the employee's privte email accounts. Is this admissibke in court. will we be violating any law by capturing evidence from private email id of employees?

rishabh   16 May 2011 at 23:47

denial of documents

What will be the option left if the witness denies that he was the owner of some property in question during cross examination for which there is a strong documentary proof that he was the owner but he is also denying the execution of document which has his signature and he is admitting the same signatures on some other document, so what will be the option left except hand writing expert opinion because they can influence the expert opinion by giving bribe and all.

Member (Account Deleted)   16 May 2011 at 17:13

revocation of court appointed counsel

Respected learned members:

My former housemaid's son has been in judicial custody for the past 6 months. He is facing charges under S.376 IPC. The matter is being conducted by a defence lawyer duly appointed by the Honb'le Court.

The problem is that the defence counsel hardly shows up on the dates fixed. Also, he has been hesitant to file a bail application so far. (Earlier bail application filed by another counsel was rejected). In other words, he is not at all interested to provide any relief to the accused. He always demands money from the accused's mother to appear in the case. The accused and his family are poor people living below poverty line.

I specifically want to know if it would be wise to intervene in the matter. Should I pray to the court to revoke its order appointing the said counsel?

Anonymous   16 May 2011 at 14:33

Please give the citation or Judgement for the following Case

Mr Ranjit nad rani got married on 1/4/75 as per hindu rights and customs But Mrs ranjit approached to District court, aurangabad for divorce in 79 and obtained Decree, Ms. Rani remained unmarried. in jan 81 Mr. Ranjit came to know that Ms Rani gave birth to a female child named Ranjitha.
Some time later Mr. Ranjit got married to one Madhuri and was leaving a happy life with two children Bunty and Bubly

During Financial Year 06-07 Mr. Ranjit filed an income tax return where in he has shown a family property consisting of a resendital property where he is leacing noew and a commercial complex located at Nirala Bazar, Aurangabad worth 5 crores. this property was inherited form his father.
Ms. Ranjitha got maried to mr. yusuf who is medical doctor. Ms ranjitha sent a legal notice on jan 1 07 claiming a share in Hindu Family property in capacity of Daughter.
Mr Ranjit denied that Ms Ranjitha was born to him. The Family court aurangabad directed for the DNA test for both the parties. but mr ranjit refused to undergo the same. then family court held that mrs ranjitha is a legitimate daughter of Mr Ranjit.
Aggregieved by diposal order of the family court, Mr Ranjit challenged this order before Hon'ble High court of Bombay, Bench at aurangabad.

Anonymous   16 May 2011 at 14:32

Section-20-Rajasthan motor vehicles taxation act,1951

Interpretation of section-20 of the Rajasthan motor vehicles taxation act,1951.?
Whether a state can levy taxes for using certain bridges, roads, etc..?

In my view it is the sovereign function of the state to provide for better facilities etc. etc..
However the accepted view is that in order to maintain such bridges, roads etc. expenditure is incurred and to maintain the same levy of toll-tax is correct.
please clarify before 20-01-2010; 09:30am

Anonymous   16 May 2011 at 14:28

Foreign investment in PArtnership by Foreigner

1)Can a person other than a NRI/POI make investment in india by way of capital contribution in a partnership firm? If so what is the procedure to get approval?

2)CAn above person repatriate the invsetment and the income earned over it? What is the procedure to get approval for the above?

3)CAn the above person give funds in the form of loan to the partnerhip firm in India? If so, how to proceed to get such loan and what interest should we pay and what are the pay channels?


Kindly clarify

regards

raj rajswhara

Anonymous   16 May 2011 at 14:27

Consumer case citations

If any body is having below citations. Please send me. It is regarding consumer case.

1993(1) CPR 651

1993(1) CPR 385

1993(1) CPR 583

1993(1) CPR 351

regards

anoop

Anonymous   16 May 2011 at 14:25

ncdrc delhi judgement dated 28/5/2009

Hi seniors,
kindly advise from where I can find the ncdrc delhi judgement dated 28/5/2009 in R.P.1975/2005 in complaint case filed by Dr,
S.P. Thirumala against Municipal Commissioner. Mysore.
if possible pl. send a copy of this judgement as i am urgently in need of this.
Thanking you.
k.k.janddial

Anonymous   16 May 2011 at 14:20

money lending


i want to get a money lending licence. In mumbai who is the authority(registrer)? Where is office and what are the procedures if u can guide?