chiranjib mukherjee
02 July 2008 at 22:39
'A' issed a cheque in favour to 'B' and when 'B' deposited the said cheque in the bank, the bank returned the cheque with endosement " no existence of this account". Will it attract sec. 138 N.I.Act?
AJIT KAWATKAR
01 July 2008 at 17:53
QA couple with 2 kids was given my ownership appartment on 11m Oral lease-expired in 07.leasee turned out to be habitual defaulter. male commited suicide just few days before agreed period. widow cried for non-eviction agreed on moral grounds. Now i have received a Xerox of Affedavit from nationalised bank where in the widow/leasee has FORGED my SIGNATURE to Aveil a Loan from Priminister's scheme for self-unemployed.Also in it she has claimed that i have given my appmnt on lease for 5yrs for commercial[beauty parlore]activities ;which is totaly wrong.she continued to be Defaulter Q. Iwant to file a complaint/suit for forgery. i want to know whether the Onus of proving the act of forgery lies with me or with offending party?how do i move in such case?Qhow to go about for repossession/eviction in absence of written agrmnt/
Ladhu Ram Chowdhary
01 July 2008 at 08:39
Before search two or more respectable inhabitants of the locality not called. wate effect?
lawyers friend
30 June 2008 at 20:04
sir,i from delhi but bank file one case u/s 37 civil from delhi and one case u/s 420 406 from chennai.....what i have to do.....court issue nbw aginst me in 406 ,420 case...it is possible court can do this.
sir what can i do sir??? who i cancel this nbw and trf case to delhi.or can challenge this case.what i do sir help me.......i really worried about this nbw any time police arrest me sir....please.....please help me.
can i file injection suite to stop bank file criminal case.
Lakshmi
30 June 2008 at 12:59
A friend of mine was importing goods from a Nepal company. After a period of about 7-8 years of business, there was a dispute about the outstandings. The Nepalese party said that they have to recover money from the Indian buyer where as the Indian buyer said that it has remitted excess money. Money transfer was by bank and on account.
Nepalese party has made a complaint of fraud in Nepal against the Indian party. An employee of Indian party visited Nepal about a year before the business came to an end. The complaint of fraud has been filed after about 1 and a half year after the last transaction of business between the two parties.
There is a civil suit pending before High Court in India which was filed by Nepalese party and a counter claim by Indian party.
What remedies are there to get the complain of fraud quashed in Nepal? Whether the Indian party has to hire an advocate in Nepal to get the justice? Whether the Indian party can write to Nepal police with the facts of the case?
You may not be aware of the Nepal law but please reply on the above facts treating as if the complaint has been registered in India against some Nepalese party.
Dheeraaj Siingh
29 June 2008 at 10:19
Sir, A cheque was issued to our vendoe on 22nd Aug'06.Cheque got bounced due to insufficient fund. No notice was issued to our company for recovery of the sum. Later when our vendor realised that time is lapsed already for serving notice he again represented the cheque in the month of Oct'06 and claims he has issued notice to our company after that, in support he has submitted one recepit of postal department without any AD in support. Also our company never received any such notice.What's the legal/judicial view under NI act 138 applicability in this case.
chandan
27 June 2008 at 23:22
loan above 20,000/- given in cash is prohibated in income tax act & whether loan amount above 20,000/- given in cash is legally recoverable debt u/s 138 N.I.Act, pls. also quote relevent case laws.
chandan
27 June 2008 at 23:15
Is unaccounted money (black money)which is not shown in income tsx returns & is given as loan is a lagally recoverable debt u/s 138 N.I.Act?
B.P. Bhardwaj
25 June 2008 at 11:55
X Ltd. has issued a cheque of Rs. 5.00 Lacs in favour of Y Ltd. During the course X Ltd. has paid Rs. 3.00 Lacs to Y Ltd. To recover balance amount of Rs. 2.00 Lacs Y Ltd. has deposited Cheque of Rs. 5.00 Lacs for clearance through its banker, cheque returned unpaid with remarks of STOP PAYMENT. Y Ltd. sent a legal notice to X Ltd. demanding dishonoured cheque amount and file a case u/s. 138 NI Act after expiry of notice period time. After filing of case X Ltd. given payment of Rs. 1.50 Lacs to Y ltd. Can Y Ltd. pursue the case for balance recovery.
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Sec. 438 of Cr.P.C.
'X' got the anticipatory bail from higher court and there is a direction to 'X' that he will surrender before the court below within 7 days and within the period 'X' surrendered before the lower court and prayed for regular bail. Whether he is taken into j/c or another date is fixed for hearing of bail and call for CD without 'X' be taken into custody?