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Manjulehh Tripathi   12 April 2010 at 23:25

Cheque Bounce

Hi,
This is manjulesh tripathi, this is my first query.

I helped a person, by giving him about 2.11 laks in various installments.I have a written agreement from him (on 100 Re Stamp paper) stating that, he has borrowed 2.11 lakhs from me and issued one cheque for the same amount in 2008. in the agreement, he has mentioned that he will repay the amount within 24 months. now he is refusing to even acknowledge the agreement and has told me that i have forged the agreement and the cheque. He is now refusing to pay the money back.
my question is:-
1. Should I bank the cheque and take him to court from there on.
2. Is the agreement valid.
3. What is the recourse available to me to recover the amount.

please help.

Anonymous   12 April 2010 at 00:18

Search warrant

Ld Counsels,

My wife while leaving the matrimonial home had taken jewellery belonging to me. She also filed and divorce. Now I want to file a police complaint for stealing my jewellery. If the polcie refuse to search her house, Can I go to court for obtaning search warrant.

Pls clarify. Thanks.

vinod bansal   11 April 2010 at 21:43

legal action on filling of False affidavit

R/Members
My client is serving in PWD deptt as junior engineer,one contractor filed a affidavit alleging use of sub standard material in collusion with some other contractor and demanding bribe against my client before SE (BOSS of my client)which was after thorough inquiry found false,now my client wants to initiate legal action against above stated person for filing false affidavit,as i think this is not a case of perjury as affidavit was not filed in a judicial proceeding neither complaint/false affidavit was filed before police officer so no scope for 182 ipc ,now under which provision section i can initiate legal action ,kindly advice.Regards

Anonymous   11 April 2010 at 20:33

email validity.. and contempt of court

Dear sir/mam
plz guide me regarding legality of e-mail to give authority to his advocate to appear in court if one is out of India, he has filed FIR against me u/s 406/420/504/506...
Following are relevant points-
1. he has given me 6 lacs to invest in stock market thru chq... i took that in my personal a/c to trade as he was my good friend settled abroad..
2. that amount suffered heavy losses due to market crash in 2008, now he wants his all money back... when i told him the situation.. he was annoyed and filed FIR stating that he gave me the amount for investing in buying flat in NCR.. infact we my dad bought the flat in later 2008 from the amount he received from selling another house in our native place and rest amount taken on loan....
3. i am very much depressed as i have lost all for nothing.. i lost my friendship, money and family reputation..
4. i have given him chq of 80k, which was stopped payment as i gave him cash for that... but didnt take that chq back as he was my good friend.. now he used that chq against me
5. SHO has given final report in my favor taking into consideration all situation around..
6. now he has filed protest against FR in court thur email to his lawyer..
plz guide wht to do, can i protest for his email and ask for his personal appearance( it would cause him inconvenience and he may take the case back)... also he has written following line in his authorizing mail to his lawyer--
He wrote " when i left India in1996 the law and order at that time was in worst form and it continues the same till now... i know today it is very difficult to get justice for a common man in India"
Can we take this writing in our favour, isn't this a contempt of court and our legal system.. can we charge him for the same to make our case strong...

Plzzz help
saanvi

shoaib   11 April 2010 at 17:20

on section 376 and 420 of IPC

sir, whether supreme court of held that when the prosecutrix and accuse were major n they have consensus sex. girl on the promise of marrige had sexual intercourse. But later lodge a report of alleging rape. supreme court held that offense of rape is not made out and it is the duty of the prosecutrix that not to have sex merely on the promise of marrige as the sex before marriage is not condition precedent for marriage. Sir in the year 2008 to 2009 this judgment was reported can u help me in finding out that in which journal it was reported.

B.B.R.Goud.   11 April 2010 at 16:45

police manual?

can any body provide the police manuals in force, in india?

Arvind Singh Chauhan   11 April 2010 at 16:25

CITATION REQUIRED ON 446 Cr.P.C.

Sir,
Please Suggest some citation which can help to pray to court that surety has made enough efforts to find out the accused but now he is unable. Surety wants to pray to court for remission of bail amount to be deposited by him.

B.B.R.Goud.   11 April 2010 at 15:59

can any one go forensic science lab for a proof?

can any one or Advocate approach the Forensic Science Lab, for getting the reports?

if not, what is the procedure to access the Forensic Science Lab?

Legal Fighter   11 April 2010 at 15:18

How to Challenge the Order of Criminal Writ Petition?

Can I challenge the Order of High Court passed in Criminal Writ Petition by filing writ petition in Supreme Court? Please let me know.

Vijayakanth Murugan   11 April 2010 at 13:50

Criminal Proceeding against Power of Attorney Holder

Dear All,

My query is as folows:

The situation is a pvt ltd company is in business with a proprietory concern. The proprietory concern is represented by its power of attorney holder (Proprietor is mother, giving power to her son to represent her due to her old age). The Specific POA given by the proprietor is silent whether the Power will defend the Criminal proceedings initiated against the company, Moreover the POA does not have any liability clauses on the power holder. Is it is legally possible to initiate Criminal Proceeding against the power of attorney holder on behalf of the company, More specifically, Is it possible to initiate Section 138 case under NI Act against the power holder incase of any cheque given by the power holder on bahalf of the Proprietor gets bounced.

Kindly Clarify. Thanks in advance.

Regards
Vijay