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santosh   28 February 2011 at 13:25

138 of N.I.Act

Sir,

i am one of the accused (non executive director) in 138 matter filed by the complainant against the company. Sir my question is that the court has suo-moto dropped the signatory of the cheque in the same proceeding, should i filed revision application against the conduct of the court, or can court suo moto drop the signatory of the cheque, whether it is irregular proceeding under cr.p.c.

thanking you,

Vijay Kumar   27 February 2011 at 22:38

304B IPC & charge u/s 302

Recently, the Supreme Court has directed the trial courts in India to frame charge u/s302IPC along with 304B in dowry death cases.
Kindly let me know the particulars of that judgement. Regards.

Anonymous   27 February 2011 at 21:34

How to recover dues of Rs.15Lacs from client ?

We are a Delhi based traders of Gypsum product and on the berge of cheating by a Mumbai based interior contractors to whom we had supplied goods and have to recover over Rs.15lacs. We are cheated and when a lawyers notice was sent thay responded saying due to inferior quality material their payment is stuck so they can't pay. We understand from one of their ex. staff member that they are on cheating spree and have cheated several vendors.

Pl. help as to what we should do.

Anonymous   27 February 2011 at 21:03

Bail on Chargesheet 498A

what is the procedure to seek bail on 498A charges at the time of filing of chargesheet. we were on Arrest Stay upto chargesheet. Now Chargesheet is filed and we the co accused have to apply for regular bail. My son the main accused is already on regular bail as he was arrested.

Is it difficult to secure bail on surrender I my wife are senior citizens and the other side is putting pressure to pay huge amount else they would object our bail petitions.

Please suggest basis the general trend after chargesheet and after bail of husband. Though its discretion of the court.

Anonymous   27 February 2011 at 20:20

guide

kind sir

my brother took loan from my father he gave him money from his PF and Gratuity .my brother bought flat on his name.

after three years of his marriage his wife filled a case against him in court .court seized the flat till final order .

father is old enough and have no source of income he is demanding money from his son who is currently unemployed and under medication.

my father dont want to stay with him as his wife doing all this with a purpose to give mental harrasment to my father so that he will and the entire property will come in her hand as my brother is in mental medication, and father was residing with him .

kindly give idea how my father can save his hard core life long savings, for his bread and butter he wanted to release that flat ?

is it possible that if property is on the name of son but more than 50% of the purchase value was given by father can be released from court?

thank you in advance

atul mehta   27 February 2011 at 20:01

cheques issued

I have borrowed about rs. 25 lac from financier on interest rate of 5% monthly and have already paid interest of more the rs.25 lacs to him, now due to some circumstances Iam not in a position to pay the interest and also the capital to him, I have issued cheques in small amounts of 30-50 thousand rupees each amounting to rs.25 lacs which are in current dates as always the financier changed the old cheques with new cheques every 2 months. the money which he paid me was in cash.now he is threatening me. Please advice what legal precautions I can take to protect me from the financier even he can try illegal methods of recovery.
your urgent sugessions requested.there is no contract or any other documents signed or executed.
with warm regards

jitendra   27 February 2011 at 18:50

Supremecourt Recent Judgement for No Claim No order

Can For My freind One Cheating case U S 467/468/120 34 Trial is going on for forgery As Pvt Ltd Company has not shown through its auditor by writing in auditor report that No fraud or case found during that particular year also, Company has not shown in contignent liabilities of balance sheet So, My humble request is that Shall I get case reference of supreme court order for the same So I can upload the order

Sarvesh Kumar Sharma Advocate   27 February 2011 at 15:31

DRUNKEN DRIVING

"In a drunken driving case"

the observation of doctor is-

1-smelling of alcohal.
2-over telectice talking irregularly staggerring gait-well onented to time place & person pulse,prepsits & b.p. are with in normal limit.

the opiniun of the doctor-the person has consumed alcohal but not under entoxication!

IS IT SUFFICIENT PROVE OF A DRUNKING PERSON OR BLOOD REPORT IS MUST?

Sarvesh Kumar Sharma Advocate   27 February 2011 at 15:30

DRUNKEN DRIVING

"In a drunken driving case"

the observation of doctor is-

1-smelling of alcohal.
2-over telectice talking irregularly staggerring gait-well onented to time place & person pulse,prepsits & b.p. are with in normal limit.

the opiniun of the doctor-the person has consumed alcohal but not under entoxication!

IS IT SUFFICIENT PROVE OF A DRUNKING PERSON OR BLOOD REPORT IS MUST?

Advocate Umesh   27 February 2011 at 12:29

Bail in District Court

In NI Act 138 case accused convicted by trial court. Then appeal filed in DJ Court. Now DJ going to pronounce his order on 11-03-2011. If appeal will dismissed by DJ then Can accused enlarge on Bail by DJ? In short can DJ court enlarge on Bail to accused to get sufficient time to file appeal in High court? If yes under what provision? And is there any citation in that behalf?