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SAMIR SHAH   14 March 2012 at 12:10

Complaint filling - sec 138 of neg. inst. act

IF THE COMPLAINT IS NOT FILLED WITHIN 45 DAYS OF RECEIPT OF INTIMATION THAT THE DEBTOR HAS REFUSED TO ACCEPT LEGAL NOTICE. CAN A COMPLAINT BE FILLED AFTERWARDS.

Narayanan   14 March 2012 at 11:55

Production of documents

sir plaintiffs filed IA u/o VII Rule 14(3) to produce documents at the stage of Plaintiff's evidence.Many of the documents were not yet all refered in the plaint and not relevant to the case but to cause prejudice to other case pending aganist this defendant aganist other party. Defendant filed counter and strongly objected the IA(as per the earlier advice). Now the said IA is allowed without cost and court permitted Plaintiffs to produce the said documents. After order now the case is posted for plaintiffs evidence. Now what is the procedure for defendent to inspect the documents in order find its genuineness etc. and file his additional w/s, before plaintiffs mark them in his evidence. Pls advice

Narayanan   14 March 2012 at 11:48

Cpc

sir plaintiffs filed IA u/o VII Rule 14(3) to produce documents at the stage of Plaintiff's evidence.Many of the documents were not yet all refered in the plaint and not relevant to the case but to cause prejudice to other case pending aganist this defendant aganist other party. Defendant filed counter and strongly objected the IA(as per the earlier advice). Now the said IA is allowed without cost and court permitted Plaintiffs to produce the said documents. After order now the case is posted for plaintiffs evidence. Now what is the procedure for defendent to inspect the documents in order find its genuineness etc. and file his additional w/s, before plaintiffs mark them in his evidence. Pls advice

B.Chakrapani Warrier   14 March 2012 at 11:11

Transfer of assets

A private trust registered in sub-registry with main object of establishing professional educational institutions is having immovable and movable properties. Now, the trustees want to dissolve the trust and transfer the assets and liabilities to a newly incorporated public limited company having similar objects. What is the procedure to be adopted for the transfer with particular reference to transfer of immovable properties.

kanwal mehta   14 March 2012 at 11:08

Issue of nbw

i have not received any summons , if the letters have been returned as "left" then still can they issue a warrant? Is there any limitation period within which the banks can keep collecting ? i read somewhere that there is a limitation period of 3 years of acknowledging of the debt that they can continue to collect. After which they cannot. Is it true.

deepak mohan sharma   14 March 2012 at 10:30

Action on guarantors property in banking

i am a banker, we sold a property of a borrower under SARFAESI but received half of the borrowed amount i.e. 2.5 crore out of 5 crore. two guarntors have given gurantee in this loan. hwo can we take possession of the properties of Guarantor or can we get red entry by giving request to DM ? can we serve notice 13(4) under SARFAESI to guarnator also ? Can we take possession and sell the property of Guarntor also?
In case of write-off the balance amount banks' loan officer will be penelised ?
etc etc.

GLEN FERNANDES   13 March 2012 at 23:34

Cheating case

Dear sir, I am Mr. Glen, Age:36,from mumbai.In Jan 2010 I had made a agreement for 3 years with Mr. Arif a known person who is a professor by nature. He required finance to start a Tutorials and I paid him Rs 6,00,000/ (by cheque) for the same on condition that on a yearly basis he will give me 50 percent of the principle amount i.e. Rs 3,00,000/ yearly irrespective of his profits or even if it is shut down. And if he is unable to pay within the due date , then additional 24 percent of interest per annumn will also be applicable to him. Till date he is supposed to give me Rs 11,32,500 /(including the principle).And he has paid me only 2,00,000.(Rs 1,50,00 by cash and 50,000 by cheque).Initially along with the agreement he had given me 2 post dated cheque which have expired (they were dated in 2010) and one additional blank cheque. Now he is harassing me and reluctant to pay me anything. He is saying I don’t have money even though his classes are running well. He says that I will give only your principle amount of Rs 6,00,000, for which I doubt he will give. Now I only have one trump card of a blank cheque left with me for any legal actions. Even If I put the blank cheque with whole amount and file a bounced complaint case, U/s-138 of NI Act , will I get my entire money with interest along with the principle. What is the process for filing a complaint? Approx How many days it will take for the whole process? After the end of 3 yrs will the agreement be valid ? What are the legal aspects of a expired cheques?. Sir, I am in deep trouble, since it was my harden money which I had given to him. Please guide me with all legal aspects, what should I do.

Thanking you

Raman   13 March 2012 at 23:31

Whether case of defamation is maintainable..??

"A" files RTI for seeking information from bank on general queries. The bank "B" didnot respond A wnt to CIC, which imposes penalty on B. The B conspired with third parties "C" and leaked RTI Applications of A and obtain defamatory letters from C. B files the writ petition against A and annexed letters of C in order to tarnish image of A.But was dismissed by High Court. Now what remedies are available to A?
1 Whether A can sue B as well as C on the grounds of defamation,conspiracy, intrusion of privacy, since the letters are communicated between B & C?
2 Whether A can file the suit before High Court or before civil court?
3 Whether writ petition is maintainable against Bank B as it there is intrusion of privacy by the B by leaking his letters??

R.venkatesh Naidu   13 March 2012 at 23:25

Public nuisance

A person has been running chicken stall in a town and he creating a great nuisance,without got any licence or permission from proper municipality.The stall was situated in residential area, which was allotted and announced by Metropolitan Development Authority only for residential purpose. The entire are is residential purpose.
Now the neighbours are intend to got declaration and injunction from proper District Munsif court under section 91 of cpc and 41 of Public health act and 294 of Municipality act. Now I want, Whether it has been filed in District Munsif court or district court got declaration and injunction or it has been filed a writ petition from proper High Court, which was correct? Please if any body help me to send any suitable citation or reference for the said suit may filed in District Munsif or District Court seeking injunction

suryakanth patil   13 March 2012 at 19:47

Gift deed

My father has unknowingly signed gift agreement, he has been mis guided and got signed for his property, now he want justice what he can do please help, how he has to proceed, will he get his land back or not. according to law what he can do. he is 80 years old. he has been decived by his younger son telling him that temporarilly his land will be used to get loan and after a year his land will be given back