TR Madhavan
09 February 2017 at 10:59
I took a loan from a friend holding an account in other state, about six months back and issued cheque in favour of him telling him to inform me a day in advance before presenting for clearance He didn;t informed me and presented it and got returned. I don't the problem with his banker, later the same person asked me to issue the cheque in another person name. While sending the cheque I did once again informed him as some cheques are under clearance, after informing me to present the cheque. But, again he did it without telling me and got returned.
The cheque which got returned is in the name of other person, but person who lend the money wantedly posted a message in the social media with my photo and other related photographs and cheque return notice in the name other person, seeking cooperation from other social media friends of mine on the issue. I brought to his notice to delete the post, but refused to delete the same till he gets back the payment.
What he done is it correct and as per rules?
Actually person no. 1 has lent me and as per no 1 advise cheque was issued to person no 2, payment has to be made to person no 1 or person no. 2 by draft?
As per the rules on cheque bouncing cases, I came to know that, the person who is holding the dishonoured cheque should first issue a demand notice duly signed by him or through his lawyer.
I have clearly told him after deletion of the post I can go ahead in clearing his dues. what I have done is right or wrong?
Should I wait for his demand notice and after replying to the contents of it with seeking some more days time to clear the dues,wait for his reply and make the payment?
Hope, I get detailed clarifications, so that, as per the advice given by you experts I want to close the issue amicably.
pushpakrishna
09 February 2017 at 05:10
dear experts
how many times a judge can give time adjourments to file WS and counter after 90days consideration.is it any provision of law to give time for filing WS and counter if the defendant files adjournment petitions on payment of costs
since one year it is coming from W
S and counter.
kindly advice on this .thanq.
Dev
09 February 2017 at 02:00
Dear Team
In the last Page of the cancellation suit my lawyer has written , that we authorize our lawyer to deposit, receive any amount of money in the court from our behalf , is it a correct statement ?
because recieving any amount of money ? is a big question
Mohammed Rizwan Shaikh
08 February 2017 at 17:38
Dear Experts,
A Partnership firm was formed as per Indian Partnership Act and was registered with ROF, Mumbai. The said firm consisted of 6 partners wherein 2 partners retired and 2 expired. It is important to note that the said changes were not updated with the ROF. Further, out of 2 surviving partners 1 recently got expired and now only one is left. Can a single partner continue the firm as a partner or proprietorship? However, a case was filed by the partner of the firm in the High Court, so now with only 1 partner can the case go on or the legal heir i.e. the widows of the expired partners should be brought on record for the case?
Please advise.
Regards,
Rizwan Shaikh
Aditya Dev
08 February 2017 at 15:48
Where does first regular appleal lie agaisnt an order(not judgment) passes by a single judge of delhi high court??
please give provisions if you can??
Imran
08 February 2017 at 14:12
sir
i am landlord. property situated at mumbai. tenant died. tenant has no legal heirs. room is locked. please guide how to take possession of tenanted property as per law.
Thank you
Kvijay12345
08 February 2017 at 13:43
My friend had taken a Personal loan of Rs.6,51,000/- from private bank in September 2007. He defaulted on loan in Nov.2008 due to some dispute over agreement & he immediately informed the bank accordingly. Since then nothing happened till 2011, when the bank assigned its loan rights to ARC,without informing the borrower. However when the borrower came to know this he raised his objection to the bank as well as to the Arc.Now the Arc has moved to the DRT. I want to know what is the limitation period & Min. amt.due is required to file the case in DRT? I have heard that the time limit of 3years from the date of default & min.amount outstanding over Rs.10,00,000/- is the criteria to file the matter in DRT. Is this true? Can an ARC instead of bank file the case in DRT?
K Karunakaran
08 February 2017 at 13:09
Case Details.
A civil case with HR & CE department, Tamil Nadu. From 1984 to till date # 32 years old.
Original Suit, Appellate court and Madras High Court - all three courts concurrent judgement our favour and Honourable Judge at Madras High Court strongly criticised the behaviour of the officials.
SLP(Civil) was dismissed in Feb'2015 with the following order:=
""
Upon hearing the council the court made the following order
We find no reason to entertain this special leave petition, which is, accordingly, dismissed.
However the question of law is kept open.
""
Many request letters to respect the judgement was ignored for 14 months.
Execution petition filed in April 2016, court notices were kept on ignored by the officials. The Honourable Judge orally expressed his unhappiness during last hearing in execution petition case.
Now, in Jan'2017 the department has filed a Review petition in Supreme Court - 23 months after SLP was dismissed.
Both the Judges of the SLP is retired now.
The party is 77 years and lost his wife an year before and just dragging on his life.
The question - help required is:=
(1) How long the court will take to decide on the review petition.
(2) Is there anyway to request the court to expedite the process, if yes - Can anyone draft a petition and help us in filing the petition as petition-in-person or e-filing. (The party is from Chennai, Tamil Nadu). We are ready to pay nominal/reasonable amount as fees for the help.
(3) What other ways the HR & CE department will use to drag the issue.
(4) What happens - if the party is dead before the judgement is executed? will children get any remedy - is there any procedures for the same.
My heartfull thanks for the all the experts of this forum who help people like us and also spread the knowledge.
Thank you very much.
Regards.
KK
satheesh
08 February 2017 at 11:47
i am not getting response for the ADR posted on civil case between me and my old emplyer.
My laywer also not ready to share the discussion between the company and them.
So i disbelieve my lawyer, so whether i can reach the opporsition party without lawyer intervention in ADR perspective.
satheesh
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Tree ownership
3 years ago My neighbour farmer planted 125 eucalyptus trees on just near common boundaries of field. Tree are now 50 feet long and harming my crob by stop sun light, shaddow , tillering and water consumption. On 3 acre boundries i have loss of 3 bigha crop production. I objected to neighbiur but he refuse to cut the tree before 8 years and saying that he planted tree in his own land.
When i took nishandehi by rev. Patwari the neighbour farmer found kabza on my land with 5 feet on all 3 boundaries. So tree was planted on my land and i have to take kabza on tree with 5 feet land along with all 3 acre boundaries. The neighbour is giving kabza to me but saying that he will cut the tree because he planted them. I am not willing that he cut the tree. Tree are planted on my ownwership land so i m owner of trees.
1. Who will be legally owner of tree
2. Who will cut the tree.
2. As i know i hear that if plantation done between 10 feet from boundaries then neighbour have half share in tree. If yes then please notify me with judgement copy or act/ rule
Please discribe in detail