138 ni act burden of proof

Sir, First of all I wish a very happy new year to all the people in and behind the LCI.

In 138 NI Act cases as per S.139 of the act the burden lies on the accused/drawer of the cheque to establish that the cheque was not issued in discharge of legally enforceable debt. But as I remember there are rulings by high courts and more purticularly the A.P. High Court where in it is ruled that before the burden u/s 139 is cast upon the accused the complainant has to discharge initial burden by proving the existence of debt or other liability against the accused in favour of the complainant.

In a case on hand the complainant says that she advanced aloan of Rs. 100,000/- to the accused and further contends that there was no writing/execution of any note or receipt and also says that there was none other than the complainant & the accused were present at the time of advancing the amount in cash to accused. The accused denies all that but the demeanour of the learnhed JMFC shows that he feels the burden now shifted to accused and he should prove that the cheque was not issued in discharge of the saud debt. In fact the accused admits his signature on the cheque and its delivery to complainant but it was given to her to gain time from her creditors by showing the cheques but mean while some disputes arose between them and the complainant filed the case by mis utilising the said cheque. An this has been our defence right from the day we received the 138 notice we replied the same accordingly.Please express your opinion & discuss the pros and cons of the case.

Banking law

Please provide me any Supreme Court or National Consumer Dispute Redressal Commission judgment regarding 'Bankars right of lien and set off' and any judgment regarding that 'the forum can only adjudicate the deficiency of service not to adjudicate the account details of the complainant.'

Bombay court fee amendment

i didnt find said amendment is accepted

Project finance required for resort

Respected Members
I have Query in mind ......
I had purchsed a plot of land in name of my Father in the region of Andhra-Pradesh Closer to Banglore
The Title of the property is clear and my fathers name is displayed in its EC - Card and property card ...
The status of Plot is agriculture now and I will be applying For NA
Now I have Following Query
1. I want to develop this plot and make resort over there ..... and I want to get some financial assistance from Banks/Financial Institution for its development how to go about it ... what will be the documentation requirement to get the financial assistance or loan
2. As said plot is in individuals name what kind of entity formation ie LLP HUF or Pvt co will help me to get maximum financial assitance for the resort project.....
Regards
Abhijeet

Revenue stamp

RESPECTED EXPERTS,
WHAT WILL BE THE CORRECT VALUE OF REVENUE STAMPS WHICH ONE HAS TO AFFIX ON A RECEIPT OF MORE THAN RS. TEN LAKHS.

ONE REVENUE STAMP WHICH IS AVAILABLE IN MARKET NOW CAN BE USED TO ACNOWLEDGE THE RECEIPT OF HOW MUCH AMOUNT?

To defer credit card payment

I have an outstanding payment for my credit card and at this point I am unable to pay the balance (am a student now). I would want to defer the payment for about 4 months since I will not be in a position to make the payment during this time. I do not mind the interest, finance charges, late fee, overlimit fee and taxes on all of these but I just do not want to be harassed for the next 4 months. I also want their collection agency to stop calling my home and bother my family members as well.

Is there are way to do this?

Thanks in advance to any valuable advice.

Ipc 420 & 406

a case was registered in year 1994 under IPC 420 and 406 stated that a scooter was taken and not returned yet. accused were not aware before 2000 and in year 2000 they applied for anticipatory bail but the same was rejected, police has arrested the one out of two accused in 2011, how accused will get bail

314

Dear Expert,

A managing director drawing salary exceeding the limits of Schedule XIII without the approval of central government,is Section 314(1) applicable in this case????What are the consequences in this case?

Can client go for writ petition when drt gave incomplete decision against sale notice?

Ld. Experts kindly opine.

1) My client, an SSI unit of Siliguri had taken laon from Bank & could not repay,
2) Bank filed application before DRT as per RDDBFI Act, 1993 when a compromise settlement was arrived at & Compromise Decree was given by DRT due to which my client was to pay Rs.11 lakhs with in 30.09.2007 in place of Rs.40 lakhs by selling the factory land as, otherwise the compromise will be withdrawn.
3)The Bank had put a board before the factory stating that it has been taken over by Bank & did not give any no objection certificate to my client to sale the land to pay the amount & he defaulted in paying with in time but paid after the time period which the Bank received.
4) Bank issued demand notice u/s13(2) & by mistake our lawfirm went to DRT prematuredly. After some time our advocate was absent & the case was dismissed in dafault during which the Bank promptly issued notice u/s13(4)& took possession of the factory.
5) The dismissed case (which was wrongly filed after getting notice u/s13(2)) which was dismissed because of absence of advocate was restored & against our petition, DRT issued stay order against the said notice u/s13(4)and asked to pay Rs.1lakh.Meantime against each application DRT asked to pay & our client paid Rs.14 lakhs taking personal loan against compromise of Rs.11 lakhs.
6) Now, the said case, wrongly filed by us prematurely, has been dismissed by DRT on maintenibility ground & the Bank has issued Sale Notice to sell the factory on 09.12.2012.
7) We filed application before DRT afresh asking for exclusion of period of delay as the matter was under litigation, u/s14 of Limitation Act mentioning that stay was aleady given on the notice u/s13(4) and that is why we could not file application against the said notice u/s13(4).
8) DRT has rejected the injunction prayer 20.12.2012 in one page order mentioning that detailed order is given in separate sheet which has not even been dictated due to paucity of time & has not come till date but the sale date is approaching.
9) We do not know why the injunction has been rejected. (It is mentioned that I do not find any reason).Detailed order did not come till date. DRT will sit on 03.01.2012 & 06.01.2012 & we will get the order after that when the sale will take place on 09.01.2012.

My question in this serious situation is
a) What should we do now to stop the sale of the factory,
b) We can not go to DART because client can not pay 25% of the notice amount of Rs.40 lakhs when he has already paid more that the compromise amount b y taking personal loan & he could not pay with in the stipulated period since the Bank did not issue No Objection Certificate.
c) If we file review petition before DRT on 03.01.2012 or 06.01.2012, it will be too late & the property will be sold out,so what to do now,
d) Can we file write petition before the Hon'ble High Court for a stay in the said sale?

Thanks in advance.
d)

Minor nomination

can a minor appoint a nominee to his bank account?