ASHWANI GAGNEJA
19 May 2016 at 20:03
Dear Sirs,
If the delivery of goods were made in parts to the defendants, majority of which were made to their Branch at Gurgaon but first 2 lots were sent to Delhi. Can Delhi be cause of action. Please provide me with your valuable opinion. Will appreciate if you can give me link to any judgements on this.
Thanks & Best Regards
PRASAD AKS
18 May 2016 at 22:36
YOUR OPINION PLEASE:--
DRT PASSED ORDER AS : "'THERE IS NO EXPLANATION FROM THE BANK SO FAR AS MAINTAINING OF THE ACCOUNT IS CONCERNED AND IT IS CLEAR IN ALL THE BANK CASES AND THE ACCOUNT COPY WILL FASTEN THE LIABILITY BUT IN THIS CASE THE ACCOUNT ITSELF IS INCORRECT AND PEOPLE WILL BELIEVE THE ACCOUNT COPY OF THE BANK AND THIS ACCOUNT COPY SEEMS TO BE TOTALLY INCORRECT IN VIEW OF THE SEVERAL PAY IN SLIPS FILED BY THE DEFENDANTS WHICH ARE MARKED AS EX. B13 TO EX. B18 CONTAINING MANY BOOKS. IN THESE CIRCUMSTANCES THE ACCOUNT COPY CANNOT BE BELIEVED AND THEREFORE THE OA HAS TO BE ALLOWED ONLY FOR THE AMOUNT OF RS. 11,28,685/- WITH SIMPLE INTEREST @6% PER ANUM FROM THE DATE OF OA TILL REALIZATION. THIS RECOVERY CERTIFICATE IS BEING ISSUED SINCE IT IS PUBLIC MONEY AND THERE IS NO DOCUMENT TO SHOW HOW MUCH AMOUNT IS ACTUALLY DUE TO THE APPLICANT BANK. THE BANK NEVER PROVED THE AMOUNT DUE . IT IS THE INITIAL BURDEN ON THE BANK ACCORDING TO THE EVIDENCE ACT SEC. 101 TO 103 , AND THE INITIAL BURDEN IS NOT DISCHARGED BY THE BANK. THEREFORE, THE BANK CANNOT BASE ON THE DEMERITS OF THE DEFENDANTS CASE."
ON OR AFTER DRAT "AS SUCH ON THAT GROUND ITSELF THE JUDGEMENT OF THE DRT HAS TO BE SET ASIDE AND IT IS SET ASIDE." "THE RESPONDENT BANK is hereby directed TO PREPARE THE DETAILS OF AMOUNTS DEPOSITED BY THE BORROWER AND ALSO FDRS DETAILS WITH ACCRUED INTEREST AS ON THE DATE OF THE ALLEGED ADJUSTMENTS , AND SUCH STATEMENT S SHALL BE FURNISHED TO THE BORROWER: WHEREUPON THE APPELLANTS COULD FILE OBJECTIONS IF ANY AND THEREAFTER THE P.O SHALL ALLOW THEM TO ADDUCE ORAL EVIDENCE ON THAT LIMITED SCOPE AND AFTER HEARING BOTH SIDES, THE P.O, DRT SHALL DECIDE THE MATTER. TWO MONTHS TIME IS GRANTED TO FURNISH SUCH DETAILED STATEMENT. BOTH SIDES SHALL APPEAR BEFORE THE DRT ON 26/3/2015. THIS APPEAL IS DISPOSED OF ACCORDINGLY SETTING ASIDE THE IMPUGNED ORDER OF THE DRT AND BY REMITTING THE MATTER BACK TO DRT AS AFORESAID."
DRT P.O.NO REGULAR POSTED FROM 1-1-2015. BUT BANK NOT AT TRY TO SUBMIT ANY ACCOUNTS TO COURT OR TO PARTY EVEN CONTACTED BANK OFFICIALS FROM TOP TO BOTTOM. ALL ARE SILENT WATCH AS SPECTATOR.
NO COURT DECLARED PARTY AS DEFAULTER. ONLY ON SYMPATHY GROUND BANK GOT DECREE.
PARTY AMOUNTS ARE NOT PUBLIC MONEY. ITS NOT CHARITY INSTITUTION. ITS ONLY PROFIT
ORIENTED PARTNERSHIP FIRM. ALREADY 1 YEAR 3 MONTHS LAPSED BANK NOT RESPOND. MANAGER,A.O visiting DRT&DRAT AS HONEYMOON TRIP SPENT AND DEBIT TO PARTY ACCOUNT. LEGAL fees Adjustments., Security pays 5,000 debiting 15,000/-.
PARTY FULLY FALL IN FINANCIAL PROBLEMS. WHAT ACT APPLICABLE TO RECOVER PROPERTY? ELIGIBLE FOR LOSS AND COMPENSATION WITHOUT
ANY LEGAL EXPENDITURE,&TRAVELING. ANY REMEDY.
aks_prasad2001@yahoo.com
mahesh
18 May 2016 at 21:09
Wife has forged doctors signature and writing of doctor in doctors letter head which is produced as treatment for injuries in dvc. We gave legal notice to doctor asking for information in his reply he denied treatment. The same was asked in wife cross exam. There she said it is false documents. Will there be any importance to her statement? Should we prove beyond her words? One more doubt is i have a feeling that wife is suffering from psychological personality disorder how can i prove? In marriage talks her parents were only there no relatives were present. Now she alleges that her relative is present during marriage talks. What if the person is giving false information how to sue him?
Divya
18 May 2016 at 00:06
Respected experts
A decree holder has a money decree obtained through city civil sessions court of bombay....He wants to assign almost 50% decree in my name. One advocate states mere sending of decree notice to the judgment debtors in that original decree is sufficient as law only tells that debtors need to be only informed of assignment... After which summons need to be removed before court informing of assignment and notice served to debtors...
Other advocate states that chamber summons have to be removed before the court which passed the decree and objections of debtors need to be asked before the court..wherein the debtors should appear before the court..
It is extremely confusing to decide the right step whether a mere legal notice informing of assignment to debtors or proper court procedures need to be followed to invite objections of debtors before court..
Please advise the right process of assignment in context with order 21 rule 16 of civil procedure code..
Thankyou
Divya
17 May 2016 at 23:58
Respected experts
A decree hol
Aruna
17 May 2016 at 23:29
I had defaulted on my credit card payment of 52000 in the year 2005 due to personal issues. I wanted to contact them and payback the money but unable to do so for some or other reasons. however, recently I received a call from someone stating he is from the bank and asked about default details and offered me a deal to pay 55000 and he will give CIBIL clearance also. Anyways, I dont have so much money right now and I dont have a job also as of now. Told him the same thing and asked for some time but he is insisting on paying the amount in one week otherwise the amount will increase.
As it is impossible for me to pay back the amount in one week, I told him I will try paying next year as it is already so many years old issue and it can wait for some more time.
When I purchased a CIBIL score report, in that this bank's name was not mentioned anywhere. Also, I had a good score as I was paying back all other loans and credit card payments on time. Can you please let me know what all the consequences I might have to face if I wait for an year to pay back the amount.
Thanking you in advance for your support.
Regards,
Anitha
Raghavendrahari.N
17 May 2016 at 18:16
Hi Experts,
Why our legal system is so weak in clearing Civil cases.It takes years and decades to clear the cases.When Mandal Revenue Officer ,Revenue Divisional Officer and District Collector are knows as First Class magistrate of respective jurisdiction.
Somebody files claiming that the property belong to him/her and why it takes years and decades to decides on these cases.Now a day technology is progression is phenomenal and but our Legal system on deciding civil cases is so poor.
My concern is why can't MRO,RDO and District Collector take separate time to judge this issues as they are the primary authority to certify and provide the justice.
Is it inevitable that we have to go through this long Financial and Mental and Physical pain because of delay in civil cases.
I would like to file PIL on this even MRO,RDO and District Collector should take part in this cases so as to fast disposal of CIVIL cases.
Please guide us.
Anonymous
17 May 2016 at 14:15
Namastey
I have deposited cash in bank of Baroda , Vellore in the name party holding accounts in kidwai nagar, Lucknow
Earlier my self party had communication. Regarding business dealing of almonds .party said he deals with import export of almonds and other dry fruits.
He sent a sample of almonds, in his own onland cover stating his company name, website ,mailing address and contact no.
We have communicated for fixing up prices and finally I placed order .. He asked for advance payment of 75000/- which I deposited Next day.. I have gone through his website and contact no. And he had communication thru whatsapp
I name of trust and business deals I have deposited the said amount in bank of Baroda.
I sent the challan copy via what's app but he was saying that money no credited to his account but he dispatched material
he intimated the material dispatched from his end and reaches to place in next three days.. He sent truck no.and bills with truck driver ..
I asked him driver contact no. He said to give no. Via mail or in what's app in few minutes..
After not getting back conatct no. I called him back , found mobile is switched off. Sooner I reached bank to know account holder bank balance I found he withdrew all cash via ATM and found to be scam and given a written statement to bank stating all I have pass through
.
Please assist me how to revert my cash from Bank.. Any legal procedure to claim cash.. This may happen to many others also if o leave this easy .. Please assist I don't worry how hard to go through legally but that culprit should be punished...
Please assist me
Party company name - M.A.import export Pvt Ltd
Party name - mohd Ahmad
Account no.53070100000728
Branch- kidwai nagar
Website- www.maimportfood.com
Mailing- maimportfood@gmail.com
Conact-7084237746,7860825276
Please assist me
My mail ID. Nareshvlr87@gmail.com
pankaj Dev
17 May 2016 at 14:11
I have purchase one land in ABCD town . But due to disturb of broker, I have kept one CARE TAKER who is staying there around 08year. How can I protect the land so that care taker can not claim the ownership of the land
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Limitation act
Dear Sirs,
We had supplied material to a Company based in Delhi / Gurgaon in app. 12 lots.But 2 of the Invoices were not signed by them. About a dozen times Statement of Account was sent to them, but there was no reply. Neither they accepted nor denied it. If the last Invoice is not taken into account, the case becomes time-barred. Please suggest since they have not denied the statement, will the court accept the last Invoice.
Thanks & Regards