Legal Fighter
06 November 2010 at 09:12
I am in India and facing 498A case. I have received a notice from Passport
authority to surrender my passport failing which my passport will be impounded. I got Anticipatory bail from High Court and now I am on bail from trial court and there is no condition in my bail order.
What should I do? Please suggest.
Y Singh N Rajput
05 November 2010 at 18:11
A, an MD of a Pvt Ltd Company issues 4 number of cheques to B. B has no business relationship with the Company as a supplier or money lender. B gets 3 cheques bounced. B served notice and filed a case under S-138 against Company, MD and another director (-2nd signatory to the cheque).
A had given reply in due time after getting notice – saying that the cheque were issued to get then discounted to meet Company’s immediate needs. But, B did not pay any money and got the cheques discounted. The Company has no liability to pay to B.
B claims the MD had borrowed a large sum from him in his personal capacity to run the company and A had mortgaged his personal flat. (B did not file any civil suit to recover the principal amount from A- and A sold is property later on). B further states that A had issued from Company’s Bank Account towards payment of due interest.
The question is whether the Company is liable to pay money on account of personal liability of its directors? Whether S-138 would be applicable in such a situation?
It may further be added to clarify that B was a State Govt Servant and he had no capacity to lend such large amount. He said that he had borrowed money from a common friend C, now his POA to contest case. C is not a holder in due course as the cheques were not endorsed in his favour.
Anonymous
05 November 2010 at 16:04
In one case, before the Hon'ble Metropolitan Magistrate (HMM)the advocate for the accused appreared before the bench with a DD for for the final payment against the bounced cheque (in earlier two hearings part amounts were paid). The HMM questioned as per latest SC Norms whether the advocate of accused is depositing 10% valued of the bounced cheque. The adv.for the accused said he is not asking for closing the case as his clients are yet to pay interest for the cheque value as per the agreement, and once the complainant confirms his clients would pay interest also.HMM agreed. But the advocate of complainant said so far the accused have nevered appeared before the HMM. Immediately the HMM ordered all the accused in the case to be present beforethe court on the next hearingdate. MY APPREHENSION AND DOUBT IS IN CASE ANY OF THE ACCUSED FAILS TO PRESENT BEFORE THE HMM DURING NEXT HEARING WHETHER ANY CHANCE OF HMM TREATING NON-APPEARANCE OF ACCUSED AS CONTEMPT OF COURT AND POSSIBILITY OF ISSUING FRESH WARRANTS/SUMMONS. THE COMPLAINANT UNOFFICIALLY SAYS THEY WOULD NOT PRESS AND RAISE THE ISSUE OF NON-APPREANCE OF THE ACCUSED. MY FEELING IS THE HMM MAY TREAT NON APPEARANCE OFTHE ACCUSED AS CONTEMPT OF COURT. PLEASE GIVE YOUR OPINION
Anonymous
05 November 2010 at 12:49
Respected sir. what is the limitation of file a application on sec. 125 crpc after divorce?
Anonymous
04 November 2010 at 22:41
What is the appellant jurisdiction in case of acquittal of accused in N.I. Act cases. Whether it can be filed in the concerned District Court or High Court. Please provide provisions.
s saravanan
04 November 2010 at 22:13
cheque collection date-27-10-2003
cheque return memo of the opponent party 28/10/03.
But i received the cheque from my bank on 07/11/03.
in the above situation what is the final date of issuing the notice with in limitation,
manish
04 November 2010 at 19:37
respected sir
i am advocate for respondent, agrieved person filed application u/s. domestice violence act, the honble court awarded interim maintenance of rs 4000/-, she again filed application for recovering expenses of child education rs. 72000/- said application was rejected by m.m court on the ground that there is no provision for such application, against said order she filed revision in session, pls guide me that there is need of any reply need for revision or is the matter of only arguments, what should i argue is there in case law in such matter pls help me.
Anonymous
04 November 2010 at 19:06
term paper on compensation to victims. chapters are...... 1. introduction 2.development of the concept of compensation to victims. 3.legislative provisions. 4.role of judiciary. 5.conclusions and suggestations
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wrong document submit in insurance policy
Sir,
I have a insurance policy in a company, but the certificate which I received from the company, I can saw it that the company submit a wrong age proof, it is some others age certificate which the company made tampering and submit it as my age proof. Now what will be my next step... And as the agent is my relative what will happen to him if I do any complain against him as the policy which I have done is almost two years ago.