Anonymous
22 August 2011 at 20:51
Hi,
Last year, i giv blank cheque to my friend as a security because i get a LOAN of 50,000, but now i return his amount of 60,000 as we decided but now he want 1 lac more.
So May i stop my cheque in Bank??, so please sugest me wat can i do? , He have no evidence that i reciv 50,000 amount. he hav just blank cheque and i hav also not any evidence that i return him 60,000.
some lawyer sugest me close the account.
please reply fast
Devnandan Sharma
22 August 2011 at 20:16
At what stage a witness can be declared as hostile: (i) before chief examination, (ii) during chief examination, (iii) after the end of chief examination but before the start of cross examination, (iv) during cross examination, or (v) after cross examination?
If a witness deposes in the examination in chief as per the expectation of the party who brings him, but is demolished in the cross examination by the adverse party, does it mean that he has turned hostile?
Anonymous
22 August 2011 at 18:50
What is defination of Gang Rape.one person holds Hand of Victim who is rape by all another, All the fours Charge seted 376 IPC What is roal of one who only holds hand of victim not intorcourse with victim . Whether there is necessity of all commiting intercourse in gang rape.if one who not intercourse with victim not liable for 376 ,pls provide explanation and provide case laws
Anonymous
22 August 2011 at 18:37
Sir
I am to cross examine a prosecution witness in a criminal case. My client has some tape recorded conversation which he recorded when that witness was speaking publically to someone (It is not phone recording but simple recording made). What is the evidentary value of this recording. Can it be played in the court while doing the cross examination of the witness. What is the procedure for it? Pl advice
Anonymous
22 August 2011 at 17:27
A friend was summoned by the court in bailable criminal matter (323 IPC) originated from the complaint filed. He appeared before the court and court granted him bail on the day of appearance on the basis of two surities he produced. Will it be presumed that he was arrested by the court? In such case is he required to inform to his department, ( he being central govt employee). Please advise
Anonymous
22 August 2011 at 11:00
dear all experts,
one of my friend filing PIL in the High Court, the court dismissed and with cost 25K awarded, now he is not able to pay said amount, in case he is not pay the amount what are the action taken by the court ?
Anonymous
22 August 2011 at 10:59
Dear all,
My company receiver a purchase order alongwith two post dated cheques for Rs. 2,00,000/- each towards supply of material amounting to Rs. 4,00,000/-. Accordingly we supplied the material amounting to Rs.3,50,000/- and the said deficit supply was communicated to the other party and asked them to replace one cheque by issuing a cheque of Rs. 1,50,000/- they verbaly agreed to replace the cheque but did not replace the same.Now having no other alternative we deposit two chequed and they have bounced due to insufficiency of fund after that several time we have tried to communicate with him but he did not received our phone call. So in that circumstances what should I do, Should I make a demand notice under section 138b for making payment of Rs. 400000/- or for actual amount of material supplied to him as his liability is only for Rs. 3,50,000/-. What are the provision of law incase we hold higher amount of cheque then acutal date. Please advice.
Anonymous
22 August 2011 at 10:26
Dear all,
I purchased one flat on bank loan on 27.06.11, bank fully disbursed the loan to the promoter but that time the flat was incomplete. So, we talk to the promoter asking him to keep security deposit of Rs. 1,00,000/- towards completion of pending work with in two month from the date of sale. Accordingly he gives us the said security deposit on the condition that we will give him a post dated cheque to him and date of cheque will be 26.08.11 i.e. after two months from the date of sale and we execute an agreement to this effect mentioning that he will complete the pending work with in two months(pertinent to mention that the said promoter do not have the copy of the said agreement). But till date the promoter failed to start any pending work and flat still remain inhabitable condition, as the cheque date is 27.08.11 , I am anticipating that he will present the cheque on that day in that event I want to make stope payment of the said cheque, should I make it after keeping the sufficient fund in my account or insuffiency in my account does not matter as I am making it stop payment. Please advise me if I want to avoid 138 so what are the defense I should prepare and what steps to be taken by me in order to avoid the payment and/or to forfeit the money as the security deposit is enough to complete the pending work.So, if the promoter faile to complete the work it will be a better option to me to complete the work by myselfbut in the agreement there is no clause of forfeiture. In that circumstances plese advice me.
sir,
i realy satisfied your answer i solved my query, very much thanks i got confident
thanks lot
thanks
Section 138 of n.i.act
Dear all,
A cheque was presented to the payee's bank on the last date of its expiry and the said cheque reached to the drawee bank after the expiry date, can drawee bank refused to make payment? Should it be considered as cheque was presented with in time ? Presentation of cheque means presented to the payee's or on the date which payee's forward its claim to the drawee bank