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Hetalkumar   04 November 2011 at 14:00

Negotiable instrument act - query on banker's liability in case of receipt of cross - bearer cheque

Please let me know, if the banker received a cheque from it's account holder for clearing purpose, in which name of other person as payee is written, but the same appearas simple cross and bearer. Can Banker process it for clearing purpose and send it to the drawer's bank for it's clearing and get credit of it in to the saving account holder with it ? Suppose A has deposited cheque with X Bank where in he maintained saaving account. Cheque drawn in favour of Y issued by B. Cheque is simple cross and also bearer. Can X Bank give deposit/ clearance in favour of A, in his account, amount of cheque. If the cheque is deposited with wrong intention, is there any liability as collecting banker ? Please advise with some relavent decision on same line. Thank you.

Dr C Suresh   03 November 2011 at 21:10

Original application lost in drt

The original application filed by the Bank is lost in DRT. The Bank is not filing another original with DRT even after asked by Registrar. The trial is over and judgment in favor of bank given by PO. However defendants have filed appeal in DRAT and stay obtained. Because lot of fraud is suspected the defendent requested for certified copies of original application and statement of account. The registrar now says that the original application is missing from the DRT for a long time and that the Bank is not filing another original.
As defendant what are my options now?

Ankitaaaaa   03 November 2011 at 19:27

Partner ship act

Dear Friends/ Seniors,

I am new to this site, hence start with giing regards to all learned and experts of subject.

I have a small query, need to understand the risk involved in dealing with a partner ship firm which is not regiseterd.

Further, in absence of registration can the third party enforce claims and make the firms or partnes liable.

REgards,
Ankita

panchajanya borthakur   03 November 2011 at 12:12

Barter agreement

Hi Friends!!Our company wants to enter into a Barter Agreement.As per the Agreement the other party will provide us some services worth Rs. 1 lakh and instead of money we will give them our manufacturing materials of Rs. 1 lakh. Kindly let us know whether these types of Agreements are valid under Indian law if yes these transections will be covered under which Indian law??

prasanta kumar parida   03 November 2011 at 09:41

Parallel proceeding undersrfaesiact& rddbfiact

URGENTLY I NEED A SUPREME COURT RULING IN PERMITTING PARALLEL PROCEEDING UNDER SRFAESIACT & RECOVERY OF DEBTS DUE TO BANKS & FI ACT.

Anonymous   03 November 2011 at 07:03

Banking rules on fd / td 'preclosre charges'?


Sub: Fixed / Term Deposit- Premature closure and en-cashing
Read more: http://taxguru.in/finance/prepayment-penalty-preclosure-housing-loans-housing-finance-companies.html#ixzz1cbFWEMSo

FOR POINTS ON WHICH THE INVESTING PUBLIC NEED PROPER GUIDANCE, REFER THE BLOGS@

http://vswaminathan-vswaminathan-swamilook.blogspot.com/2011/10/tg-no-pre-payment-penalty-on-pre.html

http://vswaminathan-vswaminathan-swamilook.blogspot.com/2011/10/post-on-30th-oct-in-continuation.html

Anonymous   02 November 2011 at 20:07

Symbolic possession?

I will be thankfull if anybody could send me the format/proforma for symbolic possession (movable property like car).

And if anybody could elaborate the term it would be more helpfull for me.

Raj Kumar Chadha   02 November 2011 at 19:24

Npa and deficiency in service by bank

A loan from a bank disbursed only half of the requirement of the project report which was got prepared by bank itself.The amount mostly was tranfered to clear the interest accrued during the construction period. The project never started. Properties worth hundred times more value than the project are mortgaged with bank as security.Rs 24.77 lakhs was required for the project as per the project report as banks share. They reduced it to Rs 19.20 lakhs and inactuality disbursed only Rs 13.00 lakhs. Went to the court for Rs.56.00lakhs for recovery.their books shows Rs. 13.00 lakhs only.We have offered them to pay Rs13 lakhs but since our properties worth Several crores are mortgaged with them they do not agree.They have inflated the NPA amount also. When asked how Rs 13 lakhs becomes Rs 56 lakhs in just 2.5 years the reply is 19.5 % interest plus 19.5%penal interest plus other charges etc. Originally interest rate was applied at 12.5%. we are a very senior couple and can not have the energy to go on fighting with bank, please advise us how to get our properties released from the bank.The ammount which we invested in this project as our share has gone waste.R.K.CHADHA PARI MAHAL KUNJWANI NH1 JAMMU J&K. MOB 09419198364

Sathya Narayana   02 November 2011 at 13:17

Partnership agreement validity

WHAT IS THE POSITION OF A PARTNERSHIP AGREEMENT (REGD.BEFORE THE REGISTRR OF SOCIETIES) WHEN ONE PARTNER FAILS TO CONTRIBUTE HIS CAPITAL TO THE PARTNERHSIP FIRM, OUT OF 2 PARTNERS. WHETHER THE PARTNERSHIP SURVIVES EVEN AFTER THE FAILURE OF THE SAID PARTNER FAILING TO PAY UP HIS CONTRIBUTION EVEN AFTER 2 YEARS AFTER THE AGREEMENT WAS ENTERED INTO? IN SUCH A CONTEXT WHETHER THE DEFAULTING PARTNER IS ALSO LIABLE TO REPAY THE BANK DEBTS RAISED BY THE PARTNERSHIP FIRM ?

Manish Kumar Gupta   02 November 2011 at 11:47

Insurance company deny to settle the claim

Dear All,



We are in the business of providing transportation, and one of our insurance company rejected/denied to settle the claims for our commecial vehicles. There are 13-14 claims pending, and they denied to settled the claims due to various but invalid reasons. We are not in the business with that insurance company now.

It is requested to suggest the legal rememdy available to our company, to get settle our claims from them.

Regards,

Manish