vinod bansal
26 March 2010 at 20:55
R/Members
District Transport officer challaned the bus of my friend while he was using the same for transporation of passengers on a route for which he was not having any required licence from state govt..Now DTO has assessesed a sum of Rs. 30,000/- as penalty but my client is not satisfied with this assessment,he want to get release his bus on supardari which is impounded by DTO.From which court he can release bus on supardari,further where he can dispose this challan except DTO.Can he request before illaqa magistrate/Chief Judicial magistrate for supardari and disposal of the challan.kindly enlighten me with relevent provision. Thanks
Anonymous
26 March 2010 at 16:32
2001 (3) PLR 61 (D)
2006) CCR 187 (Ker.)
2007(1) Criminal Court Cases 1060 (Kerala)
(2006) CCR 187 (Ker.)
Negotiable Instruments Act, 1881 — Sections 138, 141 — Dishonour of Cheque — Offence committed by juristic person — Relevant factors to be established — In case of juristic person also, it must be established cheque in respect of which offence under Section 138 of Act committed is drawn by such juristic person — No allegation in complaint that petitioner was in charge of and responsible for conduct of business of society at time of commission of offence — Neither 1st accused-society nor petitioner as Secretary of Society can be proceeded against for offence under Section 138 of Act — Trial Court acted in haste by proceeding against petitioner — Proceedings against petitioner quashed.
Negotiable Instruments Act, 1881, Sections 138, 141 - Co-operative Society - Secretary signatory of cheque - Signatory of cheque if ceases to be Secretary on the date when offence was committed cannot be prosecuted u/s 138 of the Act - Crucial date for determining date when offence was committed is when cheque is returned by the bank unpaid - A person can be prosecuted for offence u/s 138 only if at the time the offence was committed he was in charge of and responsible to the company for the conduct of business of the company.
2007(1) Criminal Court Cases 1060 (Kerala)
Dushyant Pandya
26 March 2010 at 08:12
Respected Experts,
Recently I have referred following judgment passed by SC;
AIR 2008 SC 1541
According to above Judgement dated 19-02-2008 in the case of Thiruvengada Pillai vs. Navaneethammal and Anr., the stamp papers do not have any expiry period. Relevant extract from SC judgement is reproduced herein below:
“The Indian Stamp Act, 1899, nowhere prescribes any expiry date for use of a stamp paper. Section 54 merely provides that a person possessing a stamp paper for which he has no immediate use (which is not spoiled or rendered unfit or useless), can seek refund of the value thereof by surrendering such stamp paper to the Collector provided it was purchased within the period of six months next preceding the date on which it was so surrendered. The stipulation of the period of six months prescribed in Section 54 is only for the purpose of seeking refund of the value of the unused stamp paper, and not for use of the stamp paper. Section 54 does not require the person who has purchased a stamp paper, to use it within six months. Therefore, there is no impediment for a stamp paper purchased more than six months prior to the proposed date of execution, being used for a document."
Please advice.
queryking
26 March 2010 at 06:18
Can wife file petition directly to the Magistrate under DV Act, I heard that there is judgment of High court of karnataka which says wife cannot file petition directly to the magistrate it should be through the protection officer, how far it is correct? is there any apex court judgment on this point?
Chetan
25 March 2010 at 22:35
Whether the clay (matti) is used for the purpose of making bricks can file within the terms of minerals ....
Pls provide urgently
thanks
Regards
Mrs. Varsha Deshpande
25 March 2010 at 16:42
Hi, I want to be a notary ,therefore I require guidlines for it please give me
Anonymous
25 March 2010 at 15:51
Ours is a export company(since closed)and was having a turn over of 10 crores or so per annum.Due to meltdown in USA,we did not get payments worth 5 cr and rest money went down the drain as fabricators also kept with them the raw materials.Our a/c was declared NPA with Rs 902 lac as principal and Rs 82 lacas penal interest as on 31/3/08.We had pledged two properties against this loan.
On our request an OTS was agreed for Rs943lacs on 26th june 2008 and by 23rd july a sum of Rs 583 lacs were deposited by way of disposing the factory.We were ready to pay balance by disposing of the second property(pledged with bank)but bank imposed another condition that a case filed by one of our suppliers against bank and us be quashed or withdrawn.or we pay Rs 48.69lacs to bank as security as the sum demanded /claimed by our suppliers,we have allegdly cheated them.
To show our bona fide we deposited Rs 25 lacs with the bank and asked for six months to get the case quashed.
We went to J & K High Court which was pleased to quash the case against us and as bank did not file quashing of criminal proceedings,the case against them was not quashed then.Now they have filed the quashing.
In the meantime the bank approached the district Megistrate under 13(4)of sarfaesi act for taking over our remaining residential property pldged with bank and now from remaining Rs335.10lacs the demand of bank has gone to Rs 485lacs(can not understand calculations).As late as 30thsep2009 the bank has written to D M that the outstanding of us is Rs 335.10 lacs plus interest for ten months(roughly 35lacs).The next date of hearing with D M is 30/3/10.
In a separate development,one of our of family members(with whom we have a case under IPC 498A)has moved civil courts locally and have obtained a stay from alienating the property against us,and BANK.There case is that this is a inherated huf property and hence could not be awarded to us by lok Adalat(in fact they have challanged the award of lok adalat award giving me the property)
My question is
Is district Megistrate bound by civil courts?Does he have to honour the stay of civil judge??
Can bank dictate terms to us to get a criminal case withdrawn or else they would take property?
Thanking you
Anonymous
25 March 2010 at 14:33
Hi All,
For An NPA account with secured, what is the interest rate Bank charges for closure in the private Bank,
Priya
25 March 2010 at 10:57
Hi,
My daughter was born in Jan 2008 in our house itself. We have not yet registered the birth(of course we made a mistake by not doing that). Now I want to register. We are in chennai. Where should we register and what docs are required as proof ?
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TRUST TO SOCIETY
Dear Sir,
I have three questions
1. If there is a trust, can this trust be registered under societies registration act 1860 as a society? if so then how.
2. If a trust has a sole trustee, can he appoint more trustees.
3. If the trust deed needs amendments, how to do that. I mean what is the process.
This trust is in Gujarat.
thanks
Joaquim Gracias