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Mayuresh Gujar   05 December 2010 at 23:06

summary suit

sir

i want to know about summary suit procedure for recovery of money cheque given by Ltd.company to Ltd company?

is demand notice necessary for this suit? if yes then what is the time limit ?

and i want to tell u one thing also that " criminal complaint under 138 " is rejected on the ground that, in the board resulotion, there is no power given to MD to execute gp in favour of any officer of company. In the judgement of said criminal case, hon.Judge also said that the accused issued cheque in favour of complaint and there is legal debt.

so, i want to know that in the demand notice ,if necessary, can i mention facts of that criminal case?


gaurav   05 December 2010 at 20:43

writ petition

sir,
can circulars supersede the law?in delhi cooperatives society act2003 its mentioned for attachments of salary of govt.servants provisions of civil procedure code applies which says max.1/3 salary can be deducted for max 24 months in case of attachments of salary of govt.servant is concerned but office memorandum issued in 1963 by finance ministry clarified that limit of 1/3 deduction not applicable on attachment order issued by collector for recovery of society dues and on the basis of that circular arbitary deduction of around 10000 p.m. is being made. nw my client is facing financial crisis due to this huge recoveryand nw when we have sent his deppt legal notice for that then they have given reply on the basis of office memorandum. nw plzz tell what shall be the appropriate legal remedy for quick relief??plz suggest any citation on this subject

R.Manivasagan   05 December 2010 at 20:24

Deaf and Dump/Guardianship/representation-CPC

One of my Plaintiff is deaf and dumb and he cannot understand the pleadings.He is filing a suit along with his younger brother.

1. whether the younger brother can act as a Guardian to the Deaf and Dumb, since the father of the above person died long back and the mother of the deaf also acting against his interest?

2. What is the procedure to be adopted now?

Please clarify. urgent

Anonymous   05 December 2010 at 17:52

Permission to sue a Trustee under BPTAct 1950

Want to file a case against a Trustee of a Public Trust registered under Bombay Public Trust Act 1950 for misconduct and even misappropriation of funds.
Is it necessary to get permission to do so from the Charity Commissioner before doing so.
Been told that to get permission will take 6/9 months.

Is there a faster method as Trust funds being siphoned out by sole remaining elected Trustee ( 3 other Trustees have resigned but replaced illegally with friends of the remaining one by co-option)

He threatens members with suspension if they query him on Accounts

Suchitra. S   05 December 2010 at 14:32

senior citizen concessional railway ticket.

Experts, pl let me know where is the provision for punishment for intentional cheating for a senior citizen railway ticket.I tried to find out on online website of Indian railways. but could not get any info.

Anonymous   05 December 2010 at 14:06

Execution- Jurisdiction- issue summon

Dear sir,
previous answer isn't reach to my query.
Sir, warrant of attachment had issued by executing court. When bailif went for the attchment he found the said property was already attached by smeone and sold out also. Nw the issue is that the parties were shifted to nepal. I requested to executing court to issue summons to JD's undr O5, R25 as executing court has the same power as if it has passed by itself u/s 42 of CPC bt the executing court pointed out that u came to me only on the basis of jurisdictin as the JD,s property is here. But now the property has been sold by other one.
Now u give me suggestion that what can i do in my case and pls kindly give me some appropriate citation.

Anonymous   05 December 2010 at 12:55

SARFAESI ACT

I SEEK ADVICE FROM EXPERT THAT I AND MY MRS. TAKEN LOAN FROM A NATIONALISED BANK MORTGAGING 2/3 PROPERTY ( BUILDING) WITHOUT DEMERGATION AND OWNER OF THE 1/3 IS MY MINOR SON (SIX YEAR) . THE BANK MADE SARFAESI (FIRST NOTICE) NOTICE TO US . BUT MY SON ENGAGING GURDAIN TO HIS AUNT MAKE CIVIL SUIT OF PARTITION AND DEMAND STATUSCO MAKING THE PARTY TO THE BANK AND COURT SHOW CAUSES TO THE BANK FOR INJUNCTION .THEN I WANT TO KNOW WHETHERE THE BANK MAY PROCEED OR NOT

chetan   05 December 2010 at 11:40

QUERY

AFTER ARGUMENT CAN A PLAINTIFF FILE EXPERT`S REPORT BEFORE COURT?

Anonymous   04 December 2010 at 22:48

judgment on the given citation

sir
I am having a landlord tenant case..and recently while searching a case law in a digest i came across one citation which is 1982(2) An.w.r. 79. but judgment is not available at my place...if any one could help me how could i get it online.....i would be very thankful to you all..(the citation i wrote above pertains to landlord tenant dispute and bonafide need)

Anonymous   04 December 2010 at 22:18

What happen if the employer produce the false document?

Dear Sir,
My whole case in regards to the service matter is on the ground of Limitation. I have submitted before the CAT that my employer has not disclosed the result and hence in the absence of notification of result the employer cannot seek the ground of Limitation and I submit the copies of the RTI application which substantiate my plea stating that no result was on records

The CAT has asked the counsel of respondent to produce the proof whether you have notified it or not?

I have the apprehensions that employer may go to wrong extent and may produce the false document before the Court

Is there any remedy in regards to this. Should I move any application before the court

Regards