Dr.Charanjit Gandhi
02 October 2010 at 12:13
SIR.
I have done settlement of Personal loan in Mediation centre of Dwarka Courts with aBank in which Bank agreed to issue NOC within 15 days.Now they are not isssuing NOC.My question is
Can this settlement be forced LEGALLY.Is this settlement binding.
If the Bank doesnt issue NOC ,Doesit amount to contempt of court.
How to proceed.
Does it amount to mental torture.
I have deposited the settled amount well in time.
Thanks
Anonymous
02 October 2010 at 11:49
Thank you very much for your kind reply. Iam sorry my question was not clear.
1.Yes, the complainant has given a xerox copy of the chq in dispute.
2.But, it is not possible to detect any alteration made by the xerox copy.
3. The chq was issued to the complainant in the year 2000 & the same was altered as 2006.
4. The accused is 100 % sure the chq is materially altered since no transcation was taken place in the year 2006.
5. Earlier in the year 2004,the complainant had filed a case u/s 138 of NI act by altering the year 2000 as 2004.The accused denied the transaction & finally acquitted on the grounds that the chq is materially altered.
6.Iam told that , it is possible to detect any alteration made in the chq by a photo scanned copy.
7. My question is can an accused request the court for a photo scanned copy befor sending the same for the exper opinion.
please reply.
Anonymous
01 October 2010 at 20:13
Hello experts,
I filed an application for compounding the offence in view of the judgement of Hon,ble S.C in Damodar's case and made the payment of cheque and was ready to deposit cost as laid by sc but the application was rejected on ground that complainant was not ready to compound the case.
I like to know whether after payment of cheque amount compliant can be proceeded further in view of apex court judgement?
2.Whether the consent of complainant is necessary to compound the case because the sc has held that section 320 crpc is not applicable to ni act?
V. Ramakrishna
01 October 2010 at 13:40
In the notice U/s 138 the complainant states "that you had borrowed moneys from
our client . That in discharge of the said
outstanding you had issued a cheque dated
___for a sum of ...... "
No date when\what was the amount borrowed
and no other proof other than the cheque given by the complainant
Case is the final argument \trial stage .
Can I take the stand that money demanded as per notice is time barred ?
Anonymous
01 October 2010 at 13:39
Hello,
1.Can an accused request the court to give the phoyo scan copy of the cheque in question.
2.In my case Cheque is materially altered. how to find out?
Anonymous
01 October 2010 at 10:57
Sir, My friend is a central government employee and he is facing a case under PC Act 1988 under sec 7 & Sec 13 etc for alleged demand and acceptance of bribe. The case is running in Madurai (Tamilnadu) Court and he belongs to Haryana.
Now the specific querry is, whether, he can get relief from honourable court, to get exemption from appearing in court on regular dates, and instead his advocate can appear on his behalf??
Secondly, can he file petition for transfer of case, in his home town. since CBI court are available in all the states. and more over, the Tamil language is not known to my friend.
He is A1 in the case and there is another A2 also in case.
Please advise in details..
Thanks and Regards
aditi mungi
01 October 2010 at 09:11
what is the limitation period for filling an appeal in session court or high court after the judgement.
Uma parameswaran
30 September 2010 at 21:37
FIR filed .AB petition dismissed by High Court.But FIR is not taken to court so far.It is with police .what step accused can take ?
Rio Fernandes
30 September 2010 at 20:15
Dear Sir/s
i had lent my motorbike to my car driver to go to his house and come back but instead he went roaming and caused and an accident by colliding head on with another 2 wheeler . Both got injured , my driver escaped with some minor injuries and the other was addmitted in a gov. hospital for treatment. since no case or panchnama was conduted i went and brought my bike and repaied it. AT THE TIME OF ACCIDENT MY VEHICLE INSURANCE HAD EXPIRED. The accident took place on the 1oth of march 2010 and tan FIR was registered at the police station against my Driver on the 14th of march 2010. The police came and took my bike into custody. I hired an Advocate to release my bike but the court told me to keep 40000 as bond and some 20000 also to release my bike since the complainant had a fracture, to which i told my advocate to stop the process.My reason being the worth of the bike is not even 12000 as on date since it is 6yrs old. So why should i keep a bond of 40000 and block the money.
Now i'm not in touch with my advocate and aslo the bike. Could you please advise me what to do next.
Should i forget about the bike?
or should i try to release it ?
Case is going on against the driver. Will i be held responsible? will i have to pay any penaly or compensation? please advice.
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Promissory Note
What will the legal standing of a Demand Promissory Note (for companies)under following conditions
1. The promissory Note has been executed but no payment made to borrower for over a year.
2. The Promissory Note has been executed in the name of the company but does not bear seal of the company but is signed by the proprietor.
3. Rate of interest is not mentioned on the Promissory Note.
4.The amount claimed is less/more than the amount mentioned on the Promissory Note
5.What is the validity of such Promissory Note
Thanks