Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous   09 May 2010 at 19:38

138 ni act

the applicant is a transporter and provided transport facility to party in tune of 10 lac.the party issued the cheque of rs 10 lac to applicant.but when cheque deposited by applicant the same returned with memo "cheque destroyed in system" what is this is it covered under 138 ni act any citation please.when applicant asked the meaning of memo the bank replies that party had cancelled the said cheque.

Arvind Singh Chauhan   09 May 2010 at 08:24

RIGHT TO CROSS EXAMINE

Whether defence has right to cross examine the witness which is declared hostile by prosecution?

1- If not under which provision? Whether mere declaring him hostile, defence looses it's right. He may be or not fully hostile and if not cross exmined may cause harm to defence, specially in context of apex court's judgments, that evidence of hostile witness can not be washed out fully.

2- If yes under which provision?

Dr.Gaurang N. Gandhi   08 May 2010 at 22:01

NI Act 138

my client is a transport owner.

some person had stoled one truck with loaded goods total worth Rs.11,32,000/-

He was arrested by Police. then after one of his friend had given a cheque worth rs 7,00,000/- regarding surety against the said theft. after passing of time the transporter had deposited the said cheque in bank.

the cheque was bounced with insufficient balance.

can we proceed under NI Act?

We have already issued a statutory notice to the guarantor....

what should be next?

prashant chaturvedi   08 May 2010 at 17:21

banking

Apurva Kumar   08 May 2010 at 17:17

complete judgement!!!

Anybody having full text or soft copy of Kasab judement which was recently pronounced!!!!!!

Anonymous   08 May 2010 at 16:54

Dishonoured Cheque

Dear All,
My cheque has been bounced two time with a remark `insufficient fund` In the meantime, some `turmeric stains` ( Haldi marks ) have been put on some part of cheque & it looks dirty. If now, I present the cheque in the bank & it comes back with a remark as dirty cheque etc. & not as `insufficient amount`. Can I send him notice for bounce of cheque? IF NOT, THEN WHAT IS ALTERNATIVE TO SEND HIM NOTICE OR FILING THE CASE. ( HE WILL NOT CHANGE THE CHEQUE NOW )

ESTHERPRIYA   08 May 2010 at 10:45

Re: Issue of Summons

Dear Experts

My client received summons from Guragoan, Haryana Court along with petition and she is a lady and suffering from uterus disorders. Hence i advised her to take a dd for the cheque amount and asked my junior to go to gurgaon court to close the criminal complaint filed by a bank for a single emi amount. The hearing is posted before Hon'ble Judge Shri Mukesh toady and it is a special court. But the judge never accepted the dd nor closed the petition instead asked us to convince the bank officials or else judge will issue B/W against the accused. Is it permissible in law? wat is the procedure followed in such courts? Is there any advocate in that court who can help me in the next hearing?
Kindly give ur contact details too?

vinod bansal   07 May 2010 at 23:39

Law in Haryana regarding cow slaughtring

R/Members
kindly enlighten me regarding law/provisions for prohibition of cow slaughtering in Haryana and what is provision regarding prohibition of slaughtering on the day of Mahavir jayanti in Hasryana. Thanx

Anonymous   07 May 2010 at 23:15

NI ACT 138

Sir
I was in business dealing with a firm they took a blank cheque as security in start of business in 2006, later we have some disputes and there was some payment due as per their books of a/c .They got bounced the cheque but as cheque was 4 year old and due to bank internal system and as bank started internet banking my a/c no changed by the bank and bank gave reason (correct a/c no. recquired).At cheque bouncing date my a/c was short of funds also but on cheque bouncing advice bank did not showed insufficent funds ,now that firm has issued notice u/s 138 .is it possible for them to pull me under 138

pramod   07 May 2010 at 21:38

LEGALITY OF ATTESTATION FROM INDIAN EMBASSY.

DEAR EXPERTS,

WHAT IS THE LEGALITY OF POWER OF ATTORNEY AND A VAKKALATHNAMA DULY ATTESTED FROM AN INDIAN EMBASSY FOR CRIMINAL PROCEEDINGS ON THE FOLLOWING BACK GROUND?

BOTH THE SPOUSES DECIDED TO GO FOR MUTUAL DIVORCE AFTER A LONG BATTLE OF FIVE YEARS. INTERVENTION OF MEDIATORS FROM BOTH THE SIDES BROUGHT AN AGREEMENT BETWEEN THE SPOUSES TO TERMS AND CONDITIONS TO HAVE A FINAL SETTELEMENT WITH EACH OTHERS CLAIM. WITHDRAWALS OF CASE PROCEEDINGS WERE ALSO MADE PART OF THE SETTELEMENT. PRESENTLY HUSBAND IS OUT OF INDIA AND WOULD LIKE TO EXECUTE A POWER OF ATTORNEY AND VAKKALATHNAM DULY ATTESTED FROM INDIAN EMBASSY TO FILE THE SAME IN A HIGH COURT TO QUASH THE ARREST WARRANT ISSUED BY A MAGISTRATE COURT .

1.PARTIES HAVE ALREADY EXECUTED COMPROMISE AGREEMENT WITH ITS TERMS AND CONDITIONS.

2.PARTIES HAVE AGREED TO EACH OTHER TO PUT UP AN APPLICATION TO CANCEL THE ORDER U/s 127 OF Cr.PC.

3.WIFE HAS AGREED TO SURRUNDER HER MAINTENANCE RIGHT IN A FAMILY COURT ORDER U/s 125.

4.BOTH THE PARTIES HAVE DECIDED TO FILE THE MUTUAL CONSENT FOR DIVORCE.

KINDLY GUIDE ME.

THANK YOU.