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Piyush   05 December 2009 at 15:22

Cheque lost and presented to bank

one of friend stolen my cheque book.but i didnt know who had make this when i come to know i had requted my bank to stopped payment with a series of chq.
after few days my friend deposited the chq with frude signature and fraud letter that i am taking 2,25000/- cash from his wife and giving chq as security.on due date as par his letter he depoited chq with his bank but my bank refused the payment as i stopped the payment of chq. now he suited agained me u/s 138 and 420 ipc what should i do....

this case is pass about one year but i have recievd warrent 2 days back
when i was got the notice from my friend advocate i replied that any sec they applied on me are not valid after that tey didnt reply me anything after 1 and a half year i was informed that the court has inssued warrent on me i have 5 days left to take bell
plz advice me....... i have copy of bank letter on which i mentioned about the lost chq and req for stpping the payment

Anonymous   05 December 2009 at 10:30

Arbitration matter

Dear All,

Can we make an application u/s 9 of Arbitration and Conciliation Act 1996 before the High Court, as the arbitration proceedings are already going on before the Arbitral Tribunal?

Sushil Bhatt

Arun Sharma   04 December 2009 at 17:56

Any special provision for NRI to Became director

Our client has made a Company in 2007. There are only two directors in the Company both are Indian but for last 5 years having taken the green card at Malashia and residing there. At the time of incorporation of the Company , they have disclosed their status as resident and not NRI.
After that, they have purchased the Agriculture Land in India and payment have come through NRI A/c in foreign currency and except this, there are no activity in the Company.
Now we have to do the Audit and prepare the ROC record of the Company, pls inform us that
1. whether there is any requirement to obtain the permission from the RBI to transfer and invest the amount into India.
2. Whether NRI can become the director of the Company without any permission or there is any requirement to obtain the permission to Incorporate the Company in india or not.
Waiting for the reply

Member (Account Deleted)   03 December 2009 at 13:45

621A

a company has made a transaction u/s297 (lincse agreement) and has accepted money but not informed to RD. what is the procedure and format of the application to be made with ROC for compounding of offence. Vikram Dhanani

Member (Account Deleted)   03 December 2009 at 13:41

621A

a company has made a transaction u/s297 (lincse agreement) and has accepted money but not informed to RD. what is the procedure and format of the application to be made with ROC for compounding of offence. Vikram Dhanani

Anonymous   02 December 2009 at 19:32

How to execute International Arbitral Award

In an International Arbitration conducted in India under Arbitration and Conciliation Act, 1996 if an award is passed in favour of Indian Party, how the same can be enforced.

Learned experts are requested to enlighten the procedure.

Anonymous   02 December 2009 at 15:06

starting a company

1. A is starting a cell phone company in india .

2. The company decides to import the batteries of the cell phone from abroad .

3. what are the legal provisions and acts that will govern and control such a transaction and business.

ankit.mrcool   02 December 2009 at 14:54

Starting a Hair oil Bussiness

Respective sir,
i want to start a business in hair oil sector..but due to rural location..i am unable to seek professional advise..
so guys i need ur valuable advise..
tell me the procedure to getting it registered..and is there any regulation like license or something??

Rohan   01 December 2009 at 22:03

New Sole/Partnership Firm

A relative of mine wants to start either a Sole Prop. Firm or a Partnership Firm. My request to law professionals is for a very brief outline of the steps reqd to bring into existence:
a) Sole Proprietorship Firm
b) Partnership Firm
I am a commerce student so i wud be able to understand the technical terms. So in depth details not reqd. But i request for the Broad Outline or a series of Steps.
Thanks a lot.

Anonymous   01 December 2009 at 19:20

Specific Performance

I am in a situation where a cheque was given as part consideration for purchase of a property while execution of an “Agreement to Sell”. Now the said “Agreement to Sell” is up for Specific Performance. My dilemma is though the Cheque has been given by the buyer the Seller, who did not encash it. Seller demanded Demand Draft in lieu of Cheque after One month. Thus the cheque was replaced with Demand Draft. That too (Demand Draft) was also returned without assigning any reason. Subsequently, Seller assured the buyer, in writing to execute Sale Deed, with in four months. Where as Seller who is GPA of ‘Original Allottee’ never provided NOC from the ‘Original Allottee’ at any point of time to obtain mandatory permission to make a transaction, neither performed his part to execute “Sale Deed” against the Agreement to Sell, in reference. Thus, the same is up for Specific Performance, in trial court.

Do we have any judgement of Supreme Court or High Court for citation, where it is laid down that if a party gives a cheque to the other party it is onus of the other party to deposit the same for encashment and it will be presumed that the Buyer has discharges his obligation under contract by giving the said cheque to the Seller.