mayank
21 May 2011 at 08:19
Dear sir,
i am resident of west Delhi and runs a proprietary concern. My nature of business is such i get commission on C&F. On day morning when i went to draw some amount from the bank (syndicate bank) found my balance to be less by 6 lakh which were part of my remuneration out of which i had to give payments and salaries. Bank informed it was a cheque cleared on the name rahul arora , holder of a/c in HDFC bank. I have never given any cheque to any body of this amount and i dont know the person. when i checked by cheque book one of the cheque was missing after leaving 8-9 cheques .
My Bank cleared the cheque with forged signature, when they checked with HDFC bank it was fond that the a/c where my money was transferred (HDFC) was forged with wrong address , telephone number etc... and the whole amount has already been withdrawn in cash.
i have logged a complain in this regard in police station who are enquiring the same. and have given a letter of questioning to my bank syndiate bank who says it is responsibility of HDFC bank since money was transferred there.
i am very confused as i don't think the person will be caught as it already been 10 days since the incidence .
now i want to know how should i proceed with putting a claim on bank (syndicate )since they passed my forged signature cheque and other Bank ( HDFC) who opened forged a/c for such transaction to take place . which bank is responsible and how should i proceed.
This money is very huge for me , and will effect badly circulation of business, pls help me i am in trouble.
looking forward to you valuable inputs .
Arunkumar
20 May 2011 at 22:45
1.whether a frsh complaint is binding against the pending Insolvency petition its a debtor filing Insolvency petition ?
2. I want citation for sec 138 is does not file any complainant against debtor IP holder ?
3. In that basic the debtor IP holder had filed any civil case against complainant ?
Anonymous
20 May 2011 at 20:13
Respected sir,
1)In DV case charges are being decided before interim order or after interim.
2)whether charges are being decided in DV case or case runs according to the wish of the Applicant.
3)If cause of action is absent in the main application of the Applicant can the lawyer Respondent can appeal in trial court to dismiss the case.
4) Or even in absence of cause of action case continues to its logical end.
5) Is trial court magistrate having power to dismis the case when find absence of cause of action.
6) DV case is neither retroactive nor considered considered past events. if it proves then magistrate considered this point or runs the case.
guidance helps to understand things which are present in the so mentioned DV case.
thanks in advance
Anonymous
20 May 2011 at 20:11
Respected sir,
1)In DV case charges are being decided before interim order or after interim.
2)whether charges are being decided in DV case or case runs according to the wish of the Applicant.
3)If cause of action is absent in the main application of the Applicant can the lawyer Respondent can appeal in trial court to dismiss the case.
4) Or even in absence of cause of action case continues to its logical end.
5) Is trial court magistrate having power to dismis the case when find absence of cause of action.
6) DV case is neither retroactive nor considered considered past events. if it proves then magistrate considered this point or runs the case.
guidance helps to understand things which are present in the so mentioned DV case.
thanks in advance
Anonymous
20 May 2011 at 20:07
Respected sir,
1)In DV case charges are being decided before interim order or after interim.
2)whether charges are being decided in DV case or case runs according to the wish of the Applicant.
3)If cause of action is absent in the main application of the Applicant can the lawyer Respondent can appeal in trial court to dismiss the case.
4) Or even in absence of cause of action case continues to its logical end.
5) Is trial court magistrate having power to dismis the case when find absence of cause of action.
6) DV case is neither retroactive nor considered considered past events. if it proves then magistrate considered this point or runs the case.
guidance helps to understand things which are present in the so mentioned DV case.
thanks in advance
Anonymous
20 May 2011 at 16:04
I ve filed a DV case on my husband residing in Oman & his brothers in india. Court has issued summons on them, the summon to my husband was sent thro' the indian Embassy in oman twice. We have not received any acknowledgement on the summons served in oman hence we are stuck and not able to proceed with the case. Kindly help.
Anonymous
20 May 2011 at 13:37
What is a citizen's right, when the police seizes the passport of a citizen upon court's order, issues a receipt for the same, but never deposits the passport to the said court and then loses the passport of that citizen, and then agrees to release a letter to the citizen that they have messed up.
In the meanwhile the passport is expired by over 4 years.
Will the regional passport authority accept the police letter and agree to renew the passport or there will be further complications in this issue.
A detailed expert advice will be appreciated at the earliest.
Thanks in advance for all expert advice.
Best regards,
The aggrieved party
BAALASUBRAMANNYAMM
20 May 2011 at 13:00
Respected Experts,
“A” is running Training/Coaching Centre and “B” wants to join as Trainee. The course of training is 3 months. Training fees is fixed @ Rs. 50,000/-. As a matter of fact, no payment is expecting from “B” at the initial stage. “B” has to pay the said sum as and when he joined in a company/Institution.
As a security purpose, “B” has to produce his father or mother as a surety/guarantor, who in turn should give a Cheque (date not to be mentioned) for the said sum. The aim of “A” for taking an undated Cheque is, in case, “B” fails to pay the said fees either partly or totally, even though he placed in a company, even after one year, “A” should be able to get the same from the guarantor by filing a Cheque bounce case. So both of them are executing a “Agreement for Training”.
I herewith mentioned some main points covering the above aspects. Plz. Verify whether the points can help us in future in succeeding a Cheque bounce case, in case of filing against the “B” and his guarantor.
1. The Surety/Guarantor agreed to deposit a cheque bearing No……………………..drawn on……………… Bank, Hyderabad for Rs. 50,000/- issued in the name of “A” towards security deposit.
2. ”B” and his Surety/Guarantor are authorised”A” to deposit the above said cheque, in case if “B” fails to pay the above Training fees, even after placement in any company/Institution.
3. “A” should give two weeks advance notice, in case “A” wants to deposit the above said cheque and communicate the same in writing to “B” and his surety, in case “B” fails to pay the above said Training fees either partly or totally.
Plz. Suggest me suitably.
Anonymous
20 May 2011 at 12:53
Counsels,
What is the procedure to be followed by a magistrate in a petition u/s 156(3) with a prayer to direct the respondent police to register FIR.
Police have filed a report (not to the magistrate) with registeing any FIR and closed the complaint and sent a report u/s 168 of CR.PC.
Will the magistrate proceed to treat the petition as complaint u/s 200 and examine the petitioner or will he only direct police to register FIR if there is a prima facie case rejecting the 168 report of the police. The complainant want the case to prosecuted by the State.
Please clarify, Thanks.
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claim on Bank
Dear sir,
i am resident of west Delhi and runs a proprietary concern. My nature of business is such i get commission on C&F. On day morning when i went to draw some amount from the bank (syndicate bank) found my balance to be less by 6 lakh which were part of my remuneration out of which i had to give payments and salaries. Bank informed it was a cheque cleared on the name rahul arora , holder of a/c in HDFC bank. I have never given any cheque to any body of this amount and i dont know the person. when i checked by cheque book one of the cheque was missing after leaving 8-9 cheques .
My Bank cleared the cheque with forged signature, when they checked with HDFC bank it was fond that the a/c where my money was transferred (HDFC) was forged with wrong address , telephone number etc... and the whole amount has already been withdrawn in cash.
i have logged a complain in this regard in police station who are enquiring the same. and have given a letter of questioning to my bank syndiate bank who says it is responsibility of HDFC bank since money was transferred there.
i am very confused as i don't think the person will be caught as it already been 10 days since the incidence .
now i want to know how should i proceed with putting a claim on bank (syndicate )since they passed my forged signature cheque and other Bank ( HDFC) who opened forged a/c for such transaction to take place . which bank is responsible and how should i proceed.
This money is very huge for me , and will effect badly circulation of business, pls help me i am in trouble.
looking forward to you valuable inputs .