Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mayur   06 October 2018 at 00:07

Bank cleared cheque and then withdraw money w/o concent

We have made a sale of big consignment on advance payment basis to a client. The client paid us via cheque which was cleared by the bank and amount got deposited into our A/C and we shipped the goods. After 30 days of clearing, Bank came back to us claiming that they mistakenly cleared the cheque and amount in the client A/C was not sufficient and they have to withdraw the amount back from our A/C. Our was a CC A/C which was already at its limit, bank took the money back without any concent increased our CC limit and posted 0 available balance.

Now the client is also refusing to pay and we can't visit him as he is the different state and we have given in paid slip. Because of the Bank's mistake, we have shipped our GOODS and didn't receive the PAYMENT also. Need guidance from experts.

Now we want to take action on Bank to get our money back as the client has refused to pay. Need guidance how can we get our money and from whom. Is there any such case happened in the past which I can refer and what did court decided in such case.

NEED GUIDANCE & EXPERT ADVISE

DAYASAGAR MEHER   05 October 2018 at 08:47

Violation of 145 crpc order

what to do when a person does not obey or violates the order passed u/s 145 crpc
can a fir be registered for that
can police take any action for that.

raghavendra   05 October 2018 at 00:19

Cpc

Sir
Suit was filed for permanent injunction against govt land encroached by plaintiff. Claim of grant under process. Meantime govt pleader filed application under land grabbing act to transfer the case to special court. Same is allowed by civil judge jmfc and transferred the case and disposed the suit.

Now under which provision of civil procedure code appeal on this order should file before senior civil judge

Danish Hussain   04 October 2018 at 16:30

Wrongful termination damages and compensation

My father was a teacher in a Private Unaided School. (Appointed in 1988 and terminated in 1998) He was terminated wrongfully which is now proven in the court after 20 year of legal battle. (But my father passed away a few 6 months back and could not see his victory). The case is of Patna Bihar, and is now being fought in the High Court, Patna.

The School, is not ready to pay any compensation and damages.

Is there any Rule/Law/Act/Judgements Supporting which can support my claim for the damages and compensation of over 20 years.

sohail   04 October 2018 at 14:49

Execution petition

i have filed the recovery of possession suit in 2013 and i got ex party judgement and decree on 20-09-2016 but my advocate not filed EP i am also junior advocate then i filed the EP on 20-09-2018.

but i came to know that my EP is returned dated 22-09-2018
1.Notice against J.Drs not filed.
2.Process for service of notice not deposited.

SD Senior Civil Judge.

what i have to do now should i filed Form 61 process fee only and extension of time.

plz guide me senior advocates.
Siddiqui

Anonymous   04 October 2018 at 06:40

Legal process to release papers

Dear sir/Madam, I am a members of managing committee of a cooperative group housing society in Delhi. A senior member of our society died 15 days back. He is survived by wife who is bed ridden and illiterate. They had no children. After the man's death, the relatives of both man and woman's side started squabbling with each other over right to property. The dead member was the sole owner of the flat. After much mud slinging, the relatives of woman's side allegedly sneaked off with all the papers of property, jewellery and aadhar cards of both dead owner and wife. The remaining relatives now present are the dead owner's nephew and family. They are now demanding duplicate copies of property papers from the society. They have ruled out any negotiation or mediation with other relatives to get the papers back. Upon my insistence,they reluctantly lodged an FIR of missing papers, submitted a copy in office but still haven't published any advt regarding the same. Also, they wont be getting it transferred in the name of surviving wife either{what i could gather from my conversation with them}. After submitting copy of FIR they've suddenly become extremely impatient for papers. Calling and visiting every 15 minutes. Kindly advise what should be the role of society mgt in this such that we may not unwittingly become accomplice in some property fraud.

K K S V SOMESWAR   02 October 2018 at 17:39

Procedure for auction of property by receiver appointed

DEAR EXPERTS
COURT APPOINTED RECEIVER FOR AUCTION OF PRIVATE PROPERTY AND MENTIONED TO FOLLOW AS PER PROCEDURE LAID DOWN.
ANY LAID DOWN PROCEDURE FOR THIS OR AS PER CPC ?
WHAT ARE THE DUTIES OF RECEIVER AND PROCEDURE AS PER LAW ?
THANKS IN ADVANCE

Jaimaharashtra   02 October 2018 at 13:41

Leakage sipping out from flat

Hello!

We've been staying in western suburbs of Mumbai on the first floor of a building that is about 40 years old. We've changed the pipe line about 15 years ago and made it concealed. Also, have changed the flooring of the bathroom to red tramite and applied tiles to the wall during the same time.

Now there is a leakage which is sipping in a flat beneath us and the flat owner and the society wants us to remove the apparent leakage.

My question is, in case of me repairing my bathroom for removing leakage, will the owner if the flat beneath me liable to share 50%expenses.

Any legal citations or bylaws to that effect shall be highly appreciated.

PS.: Our society has maintained that I need to take the necessary action as and that the society is not liable for the expenses or taking any corrective actions.

PPS.: A prompt response shall be highly appreciated.

Anonymous   01 October 2018 at 15:02

Testator know hindi language , will registered in english

Dear Sir,

If a testator know Hindi language only and WILL drafted and registered in English language what is the IMPACT on the registered WILL in question . Hindi known by testator has been admitted by WILL witness . But witness says all content were dictated and drafted by executor and were read to her word by word ..What is impact on will since it written in english language . Sign of testator are in hindi . Sir Waiting for suggestion .
regards

Anonymous   30 September 2018 at 21:10

Property

Respected Sir,
My father along with his brothers and his father divided ancestral property among themselves with the help of partition document.
Then my father's father gifted to my father one property which he acquired through above mentioned partition document via gift deed. I have acquired this property through Will of my father. "What is the nature of this property? i.e. whether this comes under ancestral or self acquired category."