SANDEEP KUMAR
22 August 2013 at 22:10
If evidence is given by Plaintiff as a deponent by way of Affidavit by repeating the
the things mentioned in the Plaint, is it must to repeat clause relating to cause of action ALSO as mentioned in the plaint or that clause should be IGNORED as cause of action is required to be mentioned in plaint ONLY.
PLEASE CLARIFY.
niky......
22 August 2013 at 21:32
I Defendant applied for a WS amendment, but my lawyer didn’t do any argument to what Plaintiff’s lawyer said during the argument session infront of judge. My lawyer at the start of argument repeated what was in application and that’s all. Then plaintiff’s lawyer started speaking all false things. I had all the proofs for that argument against plaintiff’s lawyer false statements and was suggesting my lawyer to speak of those and available proofs before the court session and during the argument as well, but my lawyer didn’t spoke a single word to defend my amendment statements.
Now in case my amendment proposal is rejected in order, what shall I do? Can I re-apply for the same amendment application?
Or is there any pro active action that I need to take?
Thank you.
thamaraiselvan
22 August 2013 at 19:52
My brother in law has died in road accident. Accident caused by a recovery van. The Recovery van registered under Non-Transport Vehicle and the Driver of the Van having LMV-NT category driving licence.
Insurance Company lawyer argued that " the driver is not eligible operate this vehicle hence, insurance company is not liable to pay any compensation to the appellant.
Kindly any give suggestion to move forward in this MCOP case. Also inform if driver drunken , insurance claim is eligible or not..?
Raj
22 August 2013 at 16:04
Dear EXPERTS,
I am the tenant for a small office space in a part of the house, for fixed lease period of 3 years for 6 Lakhs on returnable basis after completion of the period(July2011 to July2014). House owner is a widow & the complete things are managed by his son-in-law.
They were asking/harassing me to immediately vacate the place from April-2013 onwards. But I told them, I need some time since I need to look for different place. But they didnot listen.
On 9th May 2013 on the pretext of discussion they called me to their house & started same old harassment & suddenly son-in-law tried to attack on me physically by closing their house doors;some how I managed to escape from their, but he chased me around few yards on the road near; Driver & security came to my immediate help & after seeing them he went back. The same day a complaint was lodged with local police; They booked NC case & advised him in the station to not to man handle me & sort the issue legally; Further to this he continued to harass me & call me on my phone; I didnot pick up his calls.
On 7th July morning he came to my house to attack on me with 4 goondas to attack on me, but on calling police, he ran-off. The same day complaint was lodged. But again police made an another NC case, without making a FIR.
But the very next day ie on 8th July 2013, they broke open my office keys & put their locks restraining me to enter into my office & also they removed my office board.
Immdediately a complaint was registered with local police, with the previous offfences, where police had made it NC(Non-Cogizable cases. A FIR was made with due pressures from higher police officers(after meeting & explaining them) under sections of IPC 341, 352, 427 & 506 on 9th July 2013. Police allowed some time for him without arresting & he surrendered in court on 12th July 2013 & took surety bail.
After submitting all the documents like LEASE DEED signed by mother in law(notarized), Office License copy(notarized), telephone bills & BESCOM bills & paid receipts, Office photo with the board, inside photos etc, eye witnesses regarding all the offences, location Mahajar, Mahajar witnesses etc they prepared CHARGE SHEET on 27th July 2013 on him.
After this I was waiting whether they will learn from their mistakes & they may allow me for entering my office; But they didnot & also they did not heed to couple of times police inspector telling them compromise. On the contrary they started harassing me falsely saying we have given the premises for rent not for FIXED LEASE for three years period, but didnot submit any documents to prove.
In the meanwhile I was operating from my house with a laptop, waiting it to be solved at station level furhter, WITHOUT FORCEFULLY OPENING MY OFFICE by BREAKING OPENING OF THEIR LOCKS, since he had appointed a private security personnel.
On 12th August his mother-i-law, owner of the house files a false complaint & FIR on me saying she is not aware of the offenses made by his son-in-law & came to know recently(10days back) about the FIR filed on him & came to know about the LEASE document I have submitted to station & says it is not signed by her & falsely fabricated by me under sections 468, 471 & 420.
She also falsely says in the complaint that from March2011 I am their for Rs7000/- rent & Rs1 lakh advance, Initially I was paying rent later on not & the rent agreement was for 2 years & I have vacated the premises overnight in the month of April 2013 etc.
On 9th May 2013,initial counter complaint by her son-in-law on me says we met in their house, regarding increase of rent but in her complaint says I have vacated overnight without informing in the month of April etc falsely fabricating.
Neither she nor her son-in-law produced any document regarding rental agreement in support of their complaint/FIR. Even after falsely filing an FIR on me 0n 12th July 2013, till date she has not submitted any documents...to their case.
When son-in-law attacked on me on 9th May 2013 at their house & he gives counter complaint we met to discuss increase of rent & also came to my house attacking me on 7th JULY2013 & vanishes before the police could turn up & on both the occassions NC-complaint has been registered in the POLICE STATION & also enterd in the station diary ; how can she state in her latest complaint that I have vacated the premises in the month of APRIL-2013(big FABRICATION & it is clearly shows-up primarily).
I have all the telephone BSNL & BESCOM BILLS/RECEIPTS after April 2013, how can I pay them if I have vacated in the Month of APRIL2013.
Also as she falsely says I was not paying rents properly; there is no definitiveness in the very statement. There is neither any complaint or notice being served by her for not paying rents???
Also there is no reason for me to leave behind Rs.1Lac advance & vacate overnight(Again flase)???
I was nowhere in pisture with them in March 2011, but they say Agreement was for 2 years from March-2011 ( Again False, HOW CAN THEY CREATE A FALSE AGREEMENT DOCUMENT SIGNED BY ME?)
On whose permission they have broken my locks & put their locks??? Have they taken any court orders to do so or have they informed local police before BREAKING opening my OFFICE LOCKS & forcefully tresspassed my OFFICE ILLEGALLY??? NOTHING IS THERE!!!!!!!
NEITHER POLICE HAVE INFORMED ME ABOUT THE FIR FILED BY HOUSE OWNER ON ME on 12th August 2013 (I CAME TO KNOW ON MY OWN) NOR THEY TAKEN ANY ACTION ON ME....
IT IS VERY CLEARLY SHOWS PRIMA-FACIE IT IS FALSELY FABRICATED.
I HAVE NERRATED ALL THE POINTS/arguements ABOVE...
AFTER 12TH AUG 2013 filing of FIR/complaint, I UNDERSTAND SHE HAS NOT SUBMITTED ANY DOCUMENTS WITH RESPECT TO HER COMPLAINT/FIR (ALMOST 10DAYS)....
KINDLY ADVICE HOW TO PROCEED..?
DO I NEED TO TAKE ANY BAIL/ANTICIPATORY BAIL FOR THIS...??
SINCE THE PRIMA-FACIE ITSELF SHOWS IT IS FALSE WITH TWO DIFFERENT VERSIONS OF COMPLAINT FROM HER & SON -IN-LAW ETC... OR
STRAIGHT AWAY WITH ALL THE VALID DOCUMENTS & EVIDENCES SAID ABOVE SHALL I MOVE FOR QUASHING OF FALSE FIR LODGED BY THEM?
FURTHER SHALL I BREAK OPEN THEIR LOCKS & ENTER MY OFFICE PREMISES & SEE WHAT MESS UP THEY HAVE MADE INSIDE MY OFFICE & TAKE FURHTER LEGAL PROCEEDINGS ON THEM ??
FURHTER FILE A COMPLAINT/CASE ON OWNER FOR DEFAMATION & ALSO UNDER SECTION 182 & 211 OF CrPC ETC.... NEED YOU ADVICE / HELP URGENTLY
Regards, Raj
The list of chronological events
1. 9th May 2013 - Owner's son-in-law calls me to their house (adjacent to my office) -, forcefully locks the door - tries to hit me - threatens to give false complaint of attempt to rape on his wife there, if I am not vacating the premises - Luckily with great difficulty managed to escape from their bid/plot & came out of their house , but he still chases few yards. After seeing the security & driver of the nearby building he goes back...
Immediately a detailed complaint was registered with the police , completely narrating their plot & attack on me by even giving the eye witnesses names(Security & Driver). Police made a NC case, Called him to staion & told him not to man handle me & settle the case in a legal way in court..
He gives a false counter complaint saying we met in their house for discussion & I am not inceasing rent, not giving respect to ladies(wife & mother in law), the matter was aggrevated, they raised hte voice etc...
2. After this again he threatens me to vacte immediately, even after requesting sometime to do so....(almost 2 months..)
3. On 7th July 2013 (after almost 2 months), he straight away comes to my house with 4 GOONDAs & threatens me to come out.. Immediately I called Police station; Before the police could turn up, he ran-off/vanished from their with the goondas.. This was even seen by my apartment security. Immediately a detailed complaint was filed on him.
But police again made one more NC case didnot register any FIR
4. On 8th July 2013 (Very next day), they broke open my locks of the office & put their LOCKS, restrianing from entering the office forcefully... A detailed complaint was given along with the previous NC case on 9th May & 7th July details.
5. ON 9th July 2013 police called him to station & told him to settle with me otherwise they are filling an FIR on him. But he did not listen then he started taking U turn saying it is not fixed LEASE for 3 years but rent?? But he didnot produce any document to prove saying it is not their
He did not heed to the police adivse; police filed an FIR on him & very next day on 10th JULY 2013 all the relevant documents of my office were presented to police station; They started the process of charge sheet
6. On 12th JULY 2013 he has surrendered in court & taken a surety BAIL, fearing arrest.
7. On 27th JULY 2013 police completed charge sheet & submitted to court on him
8. In between police told him to settle with me, but he didinot." He said infront of police inspector to take away all my belongings in the office & he can not give my money back"
9. On 12th AUG 2013 owner files a false complaint & FIR on me saying I came in MARCH2011 for rent with 2 year agreeent & did not give rent properly(false) & vacated the premises overnight without informing her etc...
But police have not informed me anything officially about this FIR on me (really surprising??) Nor they have made any attement to arrest (fraudulently) etc...
The police knows during the previous interactions my office belongins are very much there in my office, I have not vacated etc....
7. Till today they have not provided any documents to police with resepst to their false FIR on 12th AUG 2013 (Almost 10 days over)
8. HOw can they create a back dated , flase AGREEMENT document from MARCH 2011 , when I was not at all existing in picture with them till July2011????
9. The very statement of saying I have vacated in the month of April 2013 does not stand & it is VOID , as her son-in-law in his very intitial complaint stated that we met in their house on 9th MAy2013 for discussion( I have a certified true copy of his complaint) & further station record is available for one more NC case on 7th JULY2013.
Also he has surrendered in court on 12th JULY2013 with respect to complaint/FIR filed by him on 8th/9th JULY2013....
10. After almost more than a month his mother in law / owner wakes up & files a false FIR/complaint giving all false data & dates etc.. saying she was not aware of any of the previous FIR on her son in law etc....in the complaint & does not provide any documents w r to her complaint????
11. Even if I have vacated overnight in the month of April 2013 as framed by her falsely in her complaint on 12th August
Where is the notices for rents not being paid??? (It is not there....false)
Any complaint being lodged by her in relation to me vacting the place without any notice leaving behind 1 Lac advance with her ( It is not there....again false)
On whose permission she broke open my office keys & put their locks & removed my office board ; Have they informed police or have they taken any order from the court ...??? ( It is not there....again false)
How can I pay all the telephone BSNL bills & BESCOM bills of my office aftermath of APRIL-2013 as she falsely says (I have all the BSNL & BESCOM bills & receipts to prove the same...) etc.......
Sweety
21 August 2013 at 19:31
one of my client had issued a bill of exchange worth Rs. 10 lacs to a company in July 2011 thru a broker. It further renewed it in the year 2012. the company paid interest amount also thru cheque at the time of the transaction.
the company issued cheques in my clients favour for the aforesaid amount which got bounced back in August 2012. every month broker approaches my client for extension of the period to make the payment, but no payment received till date.
my client issued a statutory notice (not thru advocate) in August 2012, but amount is not recovered till date.
Will the aforesaid matter stand u/s 138 of NI ACT?
Pl advice
mahesan
21 August 2013 at 17:12
A given sign and unfilled promissory note to B,
B given pronote to C
C filed suit against A
C is the plaintiff and he given evidence PW1 and Scribe given evidence PW2.
Attestor refused to receive the summon and given evidence?
What relief entitled to A?
Attestor must examined?
Any citations for A for dismissal of Suit?
Nithiselvan
21 August 2013 at 16:56
I had purchased a Laptop from M/s Shamrock systems, Pondicherry through loan from your Bajaj finance limited on 30.08.2006. Loan amount is 32,750/-(Thirty two thousand seven hundred and fifty only). During the above mentioned date there is a Hire purchase agreement had made between me and Bajaj finance limited regarding the above mentioned laptop purchase. Loan details as below.
As part of agreement, advance EMI amount 14,880/-(Fourteen thousand eight hundred and eighty only) had been paid to Bajaj Finance limited by me at the time of agreement. And 14 months EMI has to be paid as monthly EMIs. For this Bajaj Finance limited had collected 14 no of pre dated cheques for 14 months from me. And same Bajaj Finance limited has collect the amount from my account holding bank ICICI LIMITED on monthly basis by providing pre dated cheques.
By 2005 i had relocated to Madurai from Pondicherry and from there i paid the amounts through pre dated ceque
On 27.01.2012 morning 10.00am, I got threaten call from a mobile no; 9080843363 but refused to mention his name. He introduced himself as an advocate calling from Chennai. He threatened me that he got arrest warrant against me, Due to that I had not paid 3 EMIs and before that evening if I failed to pay the said amount rupee 23.240/-(Twenty three thousand two hundred and forty only) at local Bajaj finance limited, I will be arrested.
To resolve the problem temporarily, I had sold my gold chain (21.6grams) and paid the penalty amount 23,240/- at Bajaj finance limited, Madurai. And the receipt also issued to me on receipt of penalty amount. Receipt no: 20014406. The No objection certificate (NOC srl no: 283445 dated 08.02.2012).
And after the final settlement, I had gone through Bajaj Finance limited load statement and my bank account statement and found problem was with Bajaj finance ltd. What they said bounced cheques 2nos were withdrawn from my account(411606/411608)
1. Cheque no : 411606 dated 05.08.2007 and
411608 dated 05.10.2007
Dropped for collection on 01.11.2007 by Bajaj finance limited from my account.
2. Cheque no: 411609 dated 05.11.2007
Dropped for collection on 21.11.2007 by Bajaj finance limited from my account.
So 3 cheques had been withdrawn from my account on same month itself, without any prior notice to me
3. Cheque no : 411607 dated 05.09.2007
Not processed for collection itself.
Kindly suggest what i can do to get my money back
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Limitation
Greetings!
I have a debt claim. If i refer the matter for arbitration is there any limitation on it(like in case of suit there is a limitation period of 3 years). kindly help with relevant judgments. Thank you.