LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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abhay goel   30 June 2013 at 17:16

Section 138

I filed a case under section 138 of RS. 5 Lakh. after getting notice they give me 1.5 lakh as a instalment and promise me to pay balance ASAP. during this I filled my case in session court and it has been accepted by the court, bt now they are telling me that its all over and we will not pay anything to you and they made a fake settelment letter on a plain paper with my fake signature. what should i do now...?

Parveen Goyal   30 June 2013 at 12:37

Superdari of accidental vehicle

Dear Experts,

My car got accident due to negligence of other vehicle. Now my insurance co is going to declare the as total loss and for this they are asking to get the superdari of car cancelled. superdari can be cancelled only if i take complaint back against other party. now please guide what to do , is there any other way to get superdari cancel.

M.M.SURANA   30 June 2013 at 10:52

Consumer complaint

Sir, Incontinuation of my earlier querry, I purchased a samsung cellphone through adertisement by samsung and after 4-5 days started trouble and local dealer M/s Universal swiped card for excess price than fixed by the samsung, after issuing legal notice and waiting about 45 days I filed complaint before Forum, finally samsung agreed to refund money asking to give letter to withdraw complaint from Forum, I inform them you send by post I will give receipt and copy will be produce before forum and take action against dealer
but failed in this case I seek your opinion in this case of unfare trade practice whether samsun is involved or not.

bhavesh   30 June 2013 at 10:17

Kv to kv transfer rajkot in tc cases

I am Bhavesh Gohil from Rajkot (Gujarat) I am doing Job in Private Ltd.Co.My Master Smit B Gohil Study in Class II KV INS Valsura-Jamnagar. I want to Transfer KV to KV-Rajkot. I have already TC KV INS Valsura-Jamnagar.I go to school KV Rajkot they can not give the admission in KV Rajkot School.I also send a copy of TC,Present & Last Private Job letter & Progress Report Card Class-I to Regional Office Gandhingar & KVS-Delhi. But there no replay.So, What I Can do? School is already open 23.06.2013.
Please Help Me.

Note: KV means Kendriya Vidhyalaya its CBSE Level School

Amit   30 June 2013 at 07:33

Mobile tower

A mobile tower situted in front of my home from last 7 years.some days before i read in newspaper,they are very harmful for life.what can i do in this matter..

Kishor Satpute   29 June 2013 at 21:18

Sarfaesi act 2002

There are two Companies, Company X and Company Y two which Bank had sanctioned Cash Credit and other loans to the tune of Rs. 300000 and Rs. 200000 respectively against the mortgage of Land and Building and Hypothecation of Machinery. Company Y has also given Corporate Guarantee to Company X for availing the said loans. Both the company defaulted in repayment due to internal disputes between the directors. Some of the directors of Company Y are also the directors in company X.The Bank i.e. secured creditor classified both the company accounts NPA and initiated action under SARFAESI Act 2002.

Now the stage is as under:

Company Y:
1. The assets of the company are sold under public auction and Rs.500000/- are received by the Bank.
2. The Bank had set-off all the loans from the said amount received to the tune of Rs. 200000/- and balance Rs. 300000/- is kept in the company's Cash Credit account i.e now the Company's Cash Credit account is having the credit balance of Rs. 300000/-. The said amount is kept for the Corporate Guarantee given by the Company Y to Company X and also for the Statutory dues payment if any arises in the future.

Company X:
1. The assets of the said company were also put for public auction but no bid was received hence there is no auction sale of the said property.

Now there are following issues before the Bank?
1. Can Bank appropriate the said credit balance in company Y with the loan outstanding of company X under the corporate guarantee given by Company Y?
2. If appropriated what are the repercussions of that on the action initiated under SARFAESI Act 2002?
3. If only 80% of the amount outstanding gets settled of Company X, out of the Credit Balance of Company Y? then what the remedy available for the Bank to recover the Balance 20% dues of the Company X?
4.There is provision in the SARFAESI Act that if more than 80% amount is recovered then the Bank cannot initiate action under SARFAESI Act? What about that?
5. What is the situation if all the accounts are settled of Company X out of the credit balance in the Comapny Y account?
6. What is the situation if only 80% of the amounts get settled out of the credit balance in the Comapny Y account?
7. Any other issues which you think fit to discuss considering the whole gamut of situation?

Member (Account Deleted)   29 June 2013 at 16:10

Drink driving case

I was caught in a drunk driving case by the traffic police. They tested his alcohol through the breath analyzer and found the level above 30 mg

The traffic cops stopped me on the road during a regular Naka Bandi,
asked me to come inside to the chowki where they performed the above breath analyser test.

I cooperated with them, then they took me to the Navghar police station and asked me to pay a fine of 2000/- and have a receipt. They kept my license and RC card and allowed me to go home with my bike. They asked me to be present at the magistrate court at 8:30 am.

When I went to the court, I was mentally prepared to pay the fine but some police guy told me there that I must hire a lawyer as there may be imprisonment as a penalty.

So I hired a lawyer from there only and I got March14 as a date from court.Meanwhile my lawyer said he will release my license and he gave my license back somehow although he said my license will be suspended for 6 months.

I am quite anxious now, as I am willing to pay any fine but jail is not something that anyone would like to go to.


What are the next steps? and How do I ensure that I get out of this whole affair
without any jail?

Sreenivasa Rao. S.   29 June 2013 at 07:09

Cheated by mechanic

Dear Experts,

I have given my Wagnor to mechanic, he has quoted for Rs.6500/- for updating the vehicle, after two days he gave the vehicle with a bill of Rs.14,700-00 stating that some parts are replaced,I have paid Rs.11.000-00 he never informed me while replacing the parts.Infact he has not replaced,he has not returned the repalced old parts again my car is troubling the same as earlier he is demanding for the balance amount when I questioned he is asking me to pay the balance and he will check the trouble. I want to file a case in the forum against him, Please guide me how to file case.

MOHAN SINGH ROHILLA   28 June 2013 at 18:19

Registration in bar council of delhi

Hello Friends

i have a query regarding one of my friend.
my friend Kamal pass b.com in 2007 with 41%.from School of Open Learning Delhi.and then he takes admission in agra university in 2007.now he complete his LL.B.With 52% My question is that the minimum Percentage of marks required in gradutation to takes admission in LL.B.is 45%.and he takes admission in agra university with 41%.now he want to register in Bar Council of Delhi,please tell me that can he register himself in bar Council of Delhi,is everything is ok or not.he may facees problems or not.please guide us,Note: He is not SC/ST.

Member (Account Deleted)   28 June 2013 at 13:38

Stamp paper for leave & license

1) Applicability of Stamp Papaer for 11 months L & L Agreement

2) Is Stamp papaer purchased in Mumbai for aforesaid agreement valid in Pune (Flat in Pune)?

3) Can I notary aforesaid agreement in Mumbai.

Pls. suggest