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SREESH   02 January 2015 at 14:53

Jurisdiction of filing recovery suit

My Boss is a businessman in kolkata he supplied goods worth Rs 16 Lacs to a client in Satara a district near Pune. The client issuied post Dated Cheque worth Rs 8 Lacs. Cheques got bounced. We have filed Sec 138 case in Satara. The client sent a notice to us that we have used blank cheque and material was not delivered to him. Since we have sent the goods by Door delivery system we have all the necesary documents.I need to file a recovery suit against the client for whole amount i just want to enquire the jurisdiction where i should file the case and please also advice me for any alternative legal advice.

Daniel.d.s   02 January 2015 at 08:05

Need a suggestion

I was cheated by a business consultant who offered me some IT projects.we have not signed any papers towards the service he has rendered to my company.I have incurred a loss of 10 lakhs in the past six months.can i claim the losses from the consultant thru court.

SANDEEP KUMAR   01 January 2015 at 14:40

Enhancement

An arbitration case is going on before the Arbitrator. The Claimants filed an application under section 9 of the Arbitration and Conciliation Act before the High Court, which has ordered that such application be filed before the Arbitrator, who will treat the same as application under section 17. The work of Arbitrator has increased considerably.

Can Arbitrator enhance his already fixed Fee?

If so, under which Section/Rule.

Krishna   31 December 2014 at 14:16

Business alliance dispute

Hello Experts

My friend was running an business for over 2 years. I wanted to join him as a Partner. So, as a first step, we signed an Basic Understanding Agreement (BuA) on Feb 2013 on Rs.100/- stamp paper. I even notorious it but did not Register the document.

I invested Rs.2 lacks. We even decided that, this BuA will become the basis for MoU to be signed in future date. Per this agreement, both the parties had an OPTION to back-off from this arrangement on or before 15th June 2013 with out any question. And also, this agreement has a clause where it says that I have made this decision to join the business on my own risk.

The idea was, I shall quit my Part-Time employment, join his business and then I was given SPECIFIC responsibility to generate revenue to business.

However, from Feb 2013 I did not participate in business, I did not perform any of the specific responsibilities given to me and I did not contribute to business or to the revenue etc.

After 3 months of signing the BuA i.e. May 2013, I decided to take up an an Overseas Employment. Informed my friend just 2/3 days before my departure. He was very upset, but I continued with my employment.

One Year later i.e. February 2014, I came back to India on vacation and met my friend w.r.t Business. He informed me all that has happened between May 2013 and February 2014 (in writing) how he underwent huge business losses.

My friend also informed me that, there was a need to infuse additional Rs. 15 lacks in to business to ensure continuity and I should actively participate at least from now onwards. He proposed that I pay off 50% of Rs. 15 lacks. I refused to pay additional funds into business and I refused to quit my Overseas Employment even as my friend told me that, if we do not infuse the required funds Rs.15 Lacks, then the business has to be closed down.

I did not provide additional funds. I again went back on my Overseas Employment. Some time in March/April 2014, he informed me that due to heavy losses accumulated in Y 2013 and also, due to shortage of funds, he closed down the business.

I came back to India in December 2014. I know he has closed down business in April 2014. Now I asked my friend to RETURN my investment. He is telling me that there are accumulated LOSSES and I need to share 50% losses. He is further refusing to give back my investment.

My friend is telling me that I have failed and defaulted to fulfill the role, responsibility, investment and also, failed to addressing business exigencies and also, If I wanted my investment money back, I should have told him the same on or before 15th June 2013 in writing.

My friend says, he can neither pay 18% interest as this was not the understanding per BuA and can’t refund the money back as business underwent loss and is closed now.

WHAT ARE THE KIND OF LEGAL OPTIONS I HAVE.
CAN I RECOVER THIS MONEY FROM HIM.

Please ADVISE.

arunsharma   31 December 2014 at 12:07

Service compensation

Respected Sir,
I want to know what is service compensation. Is this mandatory to pay ?
Waiting for answer.

rahulkumar   31 December 2014 at 06:55

trademark domain

I have registered one website domain . In that domain one word is registered trademark of a big reputed company.
They mailed me to transfer the domain name to their name.
I denied in transferring and I told if you want give me a job in your company.
They went to Delhi High Court and registered a case against me under CS (OS)
What is CS(OS)
Please guide me to proceed further.
Thnx

Neetu Aggarwal   30 December 2014 at 18:02

Stamp duty

hi,

Please confirm the stamp duty/ stamp paper to be taken in case of execution of loan agreement for a NBFC customer.

Execution in Delhi only.

regards
neetu aggarwal

Aakash Verma   29 December 2014 at 14:33

Compaby on lease...

Hello Sir!!

Have a nice day.

Kindly inform you all I want to give my export company on lease to unknown sponsor through my friend.

He will make export by self multi commodity for world wide customers. I finance everything by self and am not capable so give them on lease and i get fund against this agreement.

But i have no one the safety tips for me who safe me in future, if he make any wrong shipment.

So i requested you all to provide me an agreement language who make me safe from that type of situations.

Hope you all give me your best support.

Thanks & Regards,
Aakash Kumar

Ankit Dedhia   29 December 2014 at 13:59

Customer not giving payment

I had Sold 2 Laptops to a Customer on 20th October.. He issued a Current Dated check against the goods. But the Cheque Bounced. I confronted him about Cheque Bounce. He told me to Deposit the same Cheque Again after 5 days. I did Deposit the Cheque again after 5 days, but again the Cheque bounced. The Customer told me He will give me cash payment in 15-20 days.. But till today 25 December He has not paid a Single Rupee..and confronts me everyday that he will give the payment. I am now wondering what can I do with customer. Please help n suggest me some steps to get my payment from this Customer.

ASHISH MUNDHRA   27 December 2014 at 14:59

Want to form a company

WANT TO FORM A COMPANY IN KOLKATA TO DEAL WITH CORPORATE CLIENT. WHAT ARE THE PROCEDURE AND EXPENSES IN RELATION TO FORMING THE SAME.
ASHISH MUNDHRA
9831758558
KOLKATA
mundhraashish@yahoo.com