Anonymous
15 September 2010 at 17:51
R/Experts,
Please guide me that,which court have jurisdiction to try the offences under Prevention of Damage to Public Property Act? Please quote section or any ruling? Whether there is any local law for the Maharashtra State?
Anonymous
15 September 2010 at 16:12
We had issued notice U/S 138 of N I Act in respect of dishonor of cheque without my clients signature and we also forgot ourself sign on it, within due time limitation under the said Act. the notice was served.
we had not received any answer from other side within time stipulated in the notice.
further date of cheque in the notice was differs from actual cheque date due to typing mistake.
Now we had lodged complaint in the proper court having jurisdiction to entertain the matter within the due time limitation as per the said Act.
now problem before us is that, is court decide matter on merits. & what happened about Cq. date mismatched with notice and non sign of notice.
Swathi S Bhat
15 September 2010 at 11:05
Sir,
Mr. D requested a loan of Rs. 2 lakhs from Mr. B and got the same by cash and Mr. D issued a blank cheque for the same. After that B expired, now after 1 year of the death of Mr.B, his wife filled the cheque and got the endorsement funds insufficient. The wife of Mr.B has issued a legal notice stating that she gave a loan of Rs. 4.95 lakhs to Mr. D and Mr. D is liable to pay the amount. She did not disclosed the relationship on which basis she gave loan to Mr.D. She stated that she is familar with Mr.D. Thats all. She has also not disclose the transaction of her husband. Then what are all the defenses Mr.D can get and how Mr. D can be saved from the scene? Is there any decision in favour of Mr.D? Kindly help me to solve this problem. Early response will be highly obliged.
With regrds,
Swathi
Anonymous
14 September 2010 at 23:46
Sanjay KhannaSh.Shakeel has bought roof of ground floor, 800/12 Shora Kothi,Subzi Mandi,Delhi-7, which is 22 feets away from my home.
Ground floor is 80 years old & he is constructing multistory bldng on that.
I have made written complaint to MCD but nothing has been done.
Sh.Shyamlal (Counceller of our area, Ward no.9) is with him.
Now I am getting threatning calls.
Please advice.
Member (Account Deleted)
14 September 2010 at 22:36
In 498A case the names of my parents, and sister and myself was included. The chargesheet is about to be filed. I have some questions:
1. Can the name of my brother in law now added in chargesheet though it was not there in the original FIR.
2. As I have a regular bail and my parents and sisters are having a arrest stay from the high court. If the Chargesheet is filed then at what time the person whose name is now added which was not there in the FIR will have to apply for bail.Can he be arrested in between the time the chargesheet is filed and the summons are issued. If yes need suggestions that how can this be dealt with.
3. Does filing of chargesheet impact the status of persons who are on arrest stay from high court. As the high court has stayed arrest as the case is referred to mediation by high court. Will the arrest stay from high court still be valid if the chargesheet is filed.
I need the advice on the way the person whose name is added subsequently in the chargesheet secure bail and is there a chance of his arrest if he is caught unaware not knowing that he has been included in the chargesheet though not in original FIR.
Please suggest next steps to defend.
navin
14 September 2010 at 22:14
RESPECTED SIR,
1)TODAY I HAD TALKED WITH THE LAWYER HE
UNDERSTOOD AND SAID THAT I CAN FILE THE
SAID CASE IN PROTEST.
2)HE SAID FAMILY HAS TRAPPED YOU FROM THE
BEGINING.THEY ARE ALREADY PREPARED AS
THEIR FAMILY ADVOCATE KNOWS ALL THE FACT
THAT WHAT YOU CAN PROVE .THEIR FAMILY
ADVOCATE FILED THIS CASE WHO WORKED AS A
MEDIATOR FOR FOUR MONTHS TO SETTLE THE
FAMILY.
3)MY ADVOCATE SAID HE WILL TRY HIS LEVEL
BEST TO TAKE ME OUT OF THIS CONSPIRACY.
4)KINDLY TELL ME WETHER COURT GIVES VALUE
TO THE MESSAGES BETWEEN HUSBAND-WIFE.IF
YES IT WILL HELP ME A LOT.
vinod bansal
14 September 2010 at 20:58
R/Experts
A sale agreement was executed in between my client and a person namely Ramlal for a sale consideration of Rs. 10 lac and an amount of Rs. 5 lac was paid at the time of agreement as earnest money.Possession was not delievered to my client(Vendee)It was settled in between the parties that sale deed will be executed on 01/07/2011.Usual terms were also mentioned in agreement and it was witnessed by two witnesses and it was attested and registerd by Notary public.Now it has confirmed to me that Vendor Ramlal has again executed a sale agreement of same property with someone,thus he has cheated my client,beside this it was mentioned in our sale agreement that property in question is free from all debts/loan/surcharges but now my client have come to know that a loan of bank amounting Rs. 4 lac is outstanding against vendor Ramlal against this property,It is also misrepresentation by vendor,Now what is remady available to my client civil as well as criminal.Can i file a suit for specific preformance at this stage or it is pre mature bcoz date for sale deed is far away as that is fixed for 01/07/2011.Can i also file a complaint us 420 IPC.What step/legal action i have to initiate for my client.Can i file any suit for seeking injunction and for direction to Registerar and vendor not to registered any sale deed in favour of anybody except my client. Kindly advice. Thanx
vinod bansal
14 September 2010 at 20:55
R/Experts
A sale agreement was executed in between my client and a person namely Ramlal for a sale consideration of Rs. 10 lac and an amount of Rs. 5 lac was paid at the time of agreement as earnest money.Possession was not delievered to my client(Vendee)It was settled in between the parties that sale deed will be executed on 01/07/2011.Usual terms were also mentioned in agreement and it was witnessed by two witnesses and it was attested and registerd by Notary public.Now it has confirmed to me that Vendor Ramlal has again executed a sale agreement of same property with someone,thus he has cheated my client,beside this it was mentioned in our sale agreement that property in question is free from all debts/loan/surcharges but now my client have come to know that a loan of bank amounting Rs. 4 lac is outstanding against vendor Ramlal against this property,It is also misrepresentation by vendor,Now what is remady available to my client civil as well as criminal.Can i file a suit for specific preformance at this stage or it is pre mature bcoz date for sale deed is far away as that is fixed for 01/07/2011.Can i also file a complaint us 420 IPC.What step/legal action i have to initiate for my client.Can i file any suit for seeking injunction and for direction to Registerar and vendor not to registered any sale deed in favour of anybody except my client. Kindly advice. Thanx
Anonymous
14 September 2010 at 20:37
We keep reading about Judicial & Police custody in papers but I don't know the diff. between the two. Will experts enlighten me on this issue?
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Dishonour of Cheque-Dismissal of Calender Case
Hello,
I would like to know about of revisional jurisdiction in a calender case.
I have filed a calendar case under Section 138 of Negotiable Instruments Act. Sworn statement of the complainant was recorded and the calender case was posted for trial. since the complainant did not appear the complaint was dismissed for default and the accused was acquited. Now I have to prefer revision against the order of dismissal. I want to know which court is having revisional jurisdiction in the above matter. whether the District court or the High court.
L. Vinoba,
Advocate,
Pondicherry.