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Anonymous   21 June 2019 at 09:56

Cheque bounce given for investment

Can I file a case against an individual who took money by cheque 5 lakhs for investment purpose and promised great returns 80% and gave me cheque 9 lakhs (post dated)

Now when the time of payment comes she kept delay8ng and finally cheque bounced.

Now she says she can only pay me back my 5 lakhs after 1 year
The amount payable as per the documents in 9 lakhs( which she took for investing)

I have call records messages and investment notes on her letter heads plus post dated cheques of 9 lakhs

Can section 138 be applied

I had paid 5 lakhs by cheque and recvd 9 lakh as post dated cheque

Can section 420 be applied

What option do I have

Anonymous   19 June 2019 at 18:47

Declaration of self acquired

My husband and my self are residing in bangalore since from 1991 and in 1995 he has purchased around 16 guntas of land with alination for 8 guntas at his native place and constructed a small house in 2000. In that house his parents and his brother were residing . In 2006 his brother got married and started quarelling in the house they also started harassing us indirectly. So without any other alternative my husband in the year 2008 filed two suite one for his share in ancisters property and another for declaration of the property purchased by him before court at his native. The lower court ordered in 2013 and declared the self acquired property as my husbands self acquired property and he is the sole owner for the same. Further for the another suite order was pronounced in 2016 and allowed one third share to my husband. Aggrieved by this his brother has filed RA before next higher court in 2013 and 2017 against both the orders. Now on 14/06/2019 the next higher court has dismissed the appeal and moved both the cases to the lower court stating to give oppurtunity for additional evidences to his brother and also to combine both the cases. Kindly guide us in this regard and please let us know what best is next step to be taken by us.

arunkumar   19 June 2019 at 11:06

Rent act

The rented premises collapsed and tenants were not staying in the premises since long time.Landlord before starting the new repairs/construction of the tenanted premises got the possesion receipt signed from the tenant ending his tenancy right. Now tenant has filed a new suit asking for restoration of possession.The owner who has signed the possesion receipt recently expired due to accident .The original possesion receipt is filed in the civil court alongwith written statement need to be proved .How the court will accept only on the basis of signature of the late landlord ?pl advise.

ess   19 June 2019 at 07:28

Exhibiting documents

I am appearing in a succession certificate case in person. The case is listed for PE Evidence wherein I have to prove and exhibit documents, copies of which have already been submitted in the court. Please let me know what is the procedure for this and whether I shall be put to any questions. Thanks

MahendraKumar.H.Trivedi   18 June 2019 at 20:55

Suit not tenable still going on

Sir
I am defendant.
It is almost confirmed that declaration suit filed by a sham firm not tenable as one partner of the petitioner's firm of two partners died without naming legal heir and in evidence statement surviving partner almost confirmed that the firm was / i a sham firm and it never did any business.
One of the partners partner died in 2011,
Yet issues framed in 2013 for plaintiffs firm reads if plaintiff P1 the firm proves that it is a partnership firm, if the P2 and p3 prove that they are partners of the said firm where as P2 is already dead in 2011. Whether P2 proves that he signed the contract but P2 dead.
Was it not duty of the lawyers to bring the discrepancy to notice of the court.

Now for long time after PEV surviving partner has filed untenable IA and hearing going on. Case being prolonged to harass me.
Can I write directly to registrar over firm's non existence prior to issues were framed due to death of P2. Suit instituted by firm and disputed contract in the name of the firm.
For some reasons my lawyer seems to be not filing necessary objection.
I tried changing lawyers.

Arun Gudikandula   17 June 2019 at 17:30

Land fraud

Sir we have bought a plot in 2015 in Besa locality of Nagpur city from a Plot Owner of crown cooperative society and after getting favorable legal report from a local advocate and thereafter we constructed a House over it but now we came to know that the person who sold land has filed a suit for injunction stating that he never sold land to crown cooperative society. We approached registrar to get certified copies of original sale deeds of all lands sold to society from 1979 to 1986 but he says that records are vey old it will take atleast 1 month to trace and if they are found he will provide us a copy. Please suggest what to do.

Nikhil chaudhary   17 June 2019 at 17:26

Burden of proof?

..............................................................................................

Surrender K Singal   17 June 2019 at 16:02

Lpa against dismissal of contempt petition

Single Bench, having erronuously dismissed Contempt of Court Petition, there be bar on appeal, how can LPA being used for intra court appeal before Division Bench of P&H High Court ?

rathod murtza   16 June 2019 at 22:00

Irregular procedures

Suit recover possessionPlaint filled in year 1998
Cavea application file in year 1999
Issue framed year 2000
Affidavit in Lue if chief examination in 2003
Written statement filed in 2005
So court allows to present written statement after commencement of the trial does it is not irregular procedures which need to be dismissed procedures?

Anonymous   16 June 2019 at 14:45

Civil law-Evidence

Can documents executed by plaintiff during pendency of the suit be considered in evidence?

Can these documents be marked in evidence?
Is there any case law