Vithal. Upari
29 March 2014 at 13:00
Dear Experts,
Please clarify my doubts about section 138 of NI Act 1881
a) A person (Complainant) who paid amount of Rs.2 lakh to another person based on mutual trust in business and in return he took cheque from him
b) The person who paid Rs.2 lakh requested many times over the phone, and through correspondence through letter or notice came back on the ground that “ address was not found” The complainant made followup after 2 years within that period person took advantage of it and he went on postponing about payment of money.
c) Now, with this respect complainant made follow up, and now receiver side advocate showing case cannot stand due to closure of the account of his client (i e. receiver). His advocate claimed why the complainant has presenting the cheque when the account has been closed. In this regard he is showing ILR 2007 KAR 2706. –K.SREEDHAR RAO.,J
d) Even during cross examination the Judge and advocate are in opinion that case cannot stand because of dismiss of earlier case laws. Even judge informed the defaulter to settle the amount, otherwise case can be filed against us 420 of IPC, and defaulter is ready to pay a settlement amount of Min Rs. 5000-30000 against Rs. 2 Lakh. Even judge also refereed to see any case laws on otherside decision i.e. “ Escaping liability merely on the ground of Closure of Accounts” to avoid payment to the party.
e) Now, complainant wants his full amount of Rs. 2 lakh but some where he is scared whether his case can stand or whether he need to go for settlement.
f) I would like to know is any other provisions u/s 138 of NI act based on this act
Person cannot escape from responsibility merely he issued a cheque and after that he cannot claimed on the ground of “CLOSURE OF ACCOUNTS”
Is there any CASELAWS/citations/ decision on the other side based on which above case facts.
Please help me out to find some solutions in this regard.
I would be more happy to receive more response with alternative solutions
Prem
29 March 2014 at 11:55
Respected Sir's,
Need advice & what actions can be taken with reference to the below scenario:
An Institution, due to some disputes between the trustees. A Receiver was appointed by the H'ble High Court of Madras. The Principal of the above Institution is appointed as the Receiver & the appointed of Receiver & acceptance has been signed between Jurisdiction Sub-Court Judge & Receiver.
During appointment as Receiver, he is working in the Institution as Principal. After few years in 2011, he had contested in State elections for Municipal Councilor post & had won the elections. Now he is the Elected member for Municipality as a Councilor.
Questions:
1. Does The Receiver who has been appointed by the Court is considered as Government Employee?
2. In a Judgement given by H'ble Supreme Court of India (Criminal Appeal No: 1881 of 2013 - Page 14 & 15) has stated that "Public Servant means - any person authorised by a court of justice to perform any duty, in connection with the administration of justice, including a liquidator, receiver or commissioner appointed by such court) with reference to the above statement, the Receiver is a Public Servant, which means a Government employee? Correct me if, I'm wrong... Please...
3. If he is considered as Public Servant (Government Employee), the Election Commission doesn't allow Government Employee to participate in elections. Based on this situation, what actions (criminal / civil - according to which section of law), to cancel his Receiver post & Municipal Councilor post?
Thanks in advance.
Regards,
Prem
vandana
29 March 2014 at 09:42
Sir, I am a resident of Mahagunpuram Soceity. RWA of our society is not letting me to enter through the society gate with my four wheeler as I have not purchased an open four wheeler parking in the society premises. I have not purchased an open parking in the society because at the time of booking of flat I came to know that according to SC orders no builder is allowed to sell an open parking area and can't stop a resident to park his/her car in the open space in front of tower.
Magesh Vadivel
29 March 2014 at 06:36
Hi,
My grand father before died two days,he has written will in his own handwriting in normal paper and kept it in safer place.which is not registered and not signed by witness.
Note:
-------
1.Please let me whether it can treated as will and he did'nt written any other will before.
Let me know on questions.
Thanks & Regards,
MV
Sajith.S
29 March 2014 at 00:35
I have defined (3feet walk way defined with compound wall on both side) access from road to home. My father and mother are staying in the home. Our well is dry. we were trying to get a water connection and it is ready now. When the technicians came to connect the water line, one of our neighbours objected and hence we didnt got the connection. We approached police but still no use. As this is a fundamental right what i could do to get the water connection.
Thanking you
Modifications on the above mentioned matter...
by mistake I mentioned as fundamental right...
as I read from another article this is
2. Human Right to water
• Drinking water has been recognized as fundamental human right as
per Article 21 of the Indian Constitution.
• Supreme Court of India and various High Courts have recognized
this right in various cases.
• All human beings are entitled to equal and non-discriminatory
supply of a sufficient amount of safe water.
• Civil Society Groups can play crucial role by raising awareness
regarding fundamental human right to water.
Fundamental human right to water should be included in ongoing
reforms in water sector. Hence there should be a legal mechanism
to implement human right to water.
Also this walkway is belongs to us (It was given by (major part) my grandmother and minor portion given by the person who is doing the objection now). one family behind to my home also using this walk way.
The walkway given as per the terms mentioned in our property documents.
It is not municipality area.
It is punchayath area
Sajith Somanathan
00968 95248775
sajith.spm@gmail.com
sk..........
28 March 2014 at 18:57
In civil suit order 7 rule11 application made is rejected now can i file c.m.a
pl. provide any citations .
sk..........
28 March 2014 at 18:54
In civil suit I have to file photos now
1- should i file photos along cd
or
2 should i file only the cd
Y R DINAKAR
28 March 2014 at 18:46
Dear Sir,
My brother has opened SB a/c in a Bank with out knowledge of my father by foregining and did some transactions, after 5 months we came to know about the account.Now what is course of action my father should take in order to protect himself w.r.t the transactions in this account.
Actually my father is a paralysis patient and he has shifted to chennai from my native about one and half year back due to disputes with my brother.
Now he is threatening my father stating that he will file a cheque bounce case against my father and he has GPA of my father to open an account and do the transactions.
Actually to the best of my father's knowledge he has not executed any GPA.
If my brother has created fradulent GPA , what are options avialble for my father to protect himself.
M Satyanarayana
28 March 2014 at 16:16
Sir,
I am plaintiff in a partition suit and other person is a defendant in the partition suit. In meanwhile somebody is claiming the ownership of entire property before filing of partition suit and prayed it cannot be partitioned and further prayed for impleadment in the suit.
The other party pleader has filed only affidavit without producing any document and demanding before the judge why counter has not been filed. When the claim of the party is not supported by any document how can court ask for counter for such affidavits. For each affidavit there must be compulsorily a counter to be filed when the other party is supposed to file document.
Please kindly advise.
MSN
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