JITENDER AGGARWAL
28 February 2012 at 08:58
From: jitender aggarwal
Subject: LATEST GROUND BY SUPREME COURT OR HIGH COURT FOR FILE A CASE FOR CHEUE DISHONOUR
To: "e.mail.adv.nbsawant@yahoo.co.in"
Date: Monday, 27 February, 2012, 6:42 PM
Respected sir,
I am suffring by a builder, I was booked a plot in Noida and due to delay i was surender the booking and builder was given to me cheques but it was dishonour,
My residence in Faridabad and notice was sent by me from Faridabad and cheque was reecived in Faridabad after dishonour
but my bank branch and builder bank branch in C.P., Delhi,cheque was deposited in Delhi .The hourable judge of Faridabad Court is saying that Faridabad is not the Jurisdiction in my case, I Should file the case in Delhi or Noida. I am confused where i should file the case and should i withdraw the case or file the case in Delhi
I want to know where i can file the case and what is the latest guideline for filing the case u/s 138 .
Please guide me.
Thanks
Jitender Aggarwal
09716047297
jitender_aggarwal2000@yahoo.com
sanjay
27 February 2012 at 22:46
Dear Sir, our was tenanted building and the landlord having a wine shop on ground floor.
some of the flats carried on commercial activities{GUESTHOUSE} then due to ill health&no heirs our landlord transfered tenanted flat to ownership.we formes a tenants co-op hsg soc. but some promint members carried on commercial activities of guesthouse buisness but to save commecial rates on electic/water they formed hsg society. now my father has expired &whole buildg is commercial except some.but now i want to changemy residental flat to commercial use. MY QUES IS CAN A GUEST HOUSE OPEATE FROM RESIDENCIAL HSG SOCIETY? ALSO WHAT IS TO BE DONE TO CHANGE OF USER
THAT IS TO CHANGE RESIDENCIAL FLAT TO A COMMECIAL PREMISSES.
Alter-Ego
27 February 2012 at 22:08
Dear Experts,
Background: I was fighting two civil suits and a false criminal case instituted by the other party on me to settle some domestic issue.
We entered a compromise, whereby it was agreed, that I would pay X amount and the following would happen:
a) That in civil suit instituted by me, a statement would be given by the parties to settle the same in my favor.
b) That in civil suit instituted by him, a statement would be given by the parties to settle the same in his favor.
c) That in criminal case, the complainant would turn hostile thereby paving way of my acquittal.
Part a and b of this agreement was fulfilled when both parties gave respective statements in court and I paid 50% of the consideration.
As there is no provision in CrPC for pre-ponement of date, the said issue was to settle on next date of the case, which is still few days away.
Now today:
I have received a notice today, which is in the form of Scanned Image. It is akin to a legal notice.
The notice has been duly signed by the person sending the notice.
However, it is sent from someone else' email address (presumably his brother - it can be a fake address as well) and the address of the sender is not there anywhere on the notice.
The sender of the notice is in hiding somewhere and his whereabouts are kept hidden by his well-wishers.
His only object to send this notice is to resile from a settlement already arrived between the parties by raising unnecessary and false grounds to extort more money. The sender also asks me to revisit the whole agreement again.
Pertinent to mention here that the sender of this notice has already received 50% of the consideration amount. I am ready to give balance 50% on the condition of his fulfilling his part of the promise.
I would be grateful if the following queries can be answered by the experts:
1. I wish to reply to this notice, how can I effectively reply to this notice?
2. Does any action u/s IPC 420 lies against such a person who has taken 50% of the consideration amount and then gone in hiding? (The said consideration was paid by DD, which has been encashed by him)
3. In view of his resiling from the settlement, can the Third condition of the said agreement be fulfilled.
4. Can both civil suits be reopened?
Thanking You in anticipation.
Alter-Ego
shashikant gharge
27 February 2012 at 22:06
Respected all experts.Before 15 years i was in partnership business.i was associated with my partner upto 6 years ours was resistered partnership firm we did very good business& earned good profit i was looked after marketing part &partner was handling accounting part.in six years i have not received or my partner don't give me any portion of profit.after six years he pressurize on me to leave the firm.i left from firm till date neither he settles our accounts nor he clears debters,actually we collects all outstandings from market.but purposely my partner denying to settle our accounts in this situation what can i do? another issue is during that period i purchased his fathers house i paid one third amount through cheque & remaining in cash sale did was not made because house was morgaged to bank & with mutual understanding of us it was decided to madesale deed after clearing bank loan.but here also now he is denying to transfer house on my name.since 15 years I am living in that house.day by day he is pressurise me to leave the house and indirectly demanding more money.and trying to sell house to other party.due to this mental stress day by day I am suffering from illness I become totally frustate i know leagally i am not strong.so all are requested to suggest me any way.
GOPI KRISHNA
27 February 2012 at 20:19
a consumer who has purchased an electric two wheeler has filed a complainant against the Company rep by its M.D and local dealer for deficiency in service and got the order, thereafter he has filed execution petition for execution of the order and Forum has issued a warrant to a X who is not a party to the Complainant and now not working with the 1st Respondent Company.
please advise
a) whether to file a application for recall of warrant and file a petition in high court u/s 482 of Cr.p.c for quashing of proceedings or file a discharge application before the Forum
nagarajupatro
27 February 2012 at 18:47
dear experts Good Evening
Pls suggest me in the following issue
X filed a application under right to information before the tahsildhar but he did not turned up. the applicant filed appeal before the Revenue Divisional Officer seeking certain information on the ground of non supply of information by the tahsildhar, then the Revenue divisional Officer issued notice to the appellant and called for hearing.
The appellate authority has right u/RTI to make inquiry and hearing of the appellant or he has to pass order basing the document and record available regarding the said application for information and appeal grounds.
Is it manadatory for the appellant autority to call for hearing the party? Under what provision?
If the aparty fails to appear what will be the next step?
Ramesh kumar
27 February 2012 at 13:09
Can any one urgently provide me ,MP accommodation control act 1961, if yes either upload on lawyersclubindia of mail me on acrorobo@gmail.com.
And also how to write judgement in Judicial service exam paper.
Shati Mehrotra
27 February 2012 at 12:51
Can a Nominee Director be said to be the right example for Section 299(5) ?
GOPALJI PANKHANIA
27 February 2012 at 10:50
I am owning a flat of the third floor of the building and after that the terrace is there. We do not have a registered society. But the plots are registered with the society who does not get involved in the problems of the flat owners. Since last 5 years there is leakages from the terrace and the slab has become very weak. The overhead water tank is also leaking for more than a year. There are cracks all over the slab on the top and bottom. The builder had also not done a proper job and it has detoriated soon. The building was contructed in 1997. We have an inhouse committee to manage the maintaince issues like water and common electricity, etc. Recently in one of my rooms slab of the size approx 1 feet x 1 feet come down and the RCC bars are exposed. We have taken several meetings in this regard out ten flat owners 6 have contributed, remaining 4 are not contributing and avoiding attending meetings, etc. The structure of the building is in very dangerous condition and there is risk to life. Kindly advise what steps to be taken against the non cooperating flat owners. Your advise in this regard will be of great help to us
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