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Queries Participated

Bindu   24 June 2014 at 16:27

Arbitration

Dear Forum,

An arbitraion was filed before arbitator for recovery of dues, accordingly award was passed in favour of financial institution Thereafter Execution application was moved for attachment of property to recover due, however during the pendency of Execution, chamber summon was filed by father in law of the Judgement debtor stating that propert belongs to father in law and not judgement debtor.
Soon said financial instituion made application for withdrwal of Execution before High Court, however High Court levied cost on financial institution to be deposited in eight weeks on Decree Holder because of the hardship caused to father in law the applicant of HCamber summons as he was a senior citizen.

Now 12 weeks have passed and fainancial institution failed to deposit the cost within eight weeks or ask for reduction in cost, meanwhile father in law who was the applicant in chamber summons through his advocate has sent notice tht they will go for contempt .
so in this case what can be done to save financial instutution

Divya   03 February 2013 at 09:20

A public fraud in arbitration cum execution

Dear Experts

I need your inputs how to handle this pubic fraud.

My brothers were never sent some arbitration awards and directly the matter was put before executing court for property attachment and arrest f debtors.

Now the state is that I investigated the matter, and the truth came out that this particular arbitrator in connivance the leading bank had never dispatched arbitration award cum notices. Everything was done ex-party and infact the postal authorities put by the bank show that the award communication is sent deliberately to fake addresses.

This fraud is not just done on my brothers, it has been done on several others and is continuing to be to be done on other defaulters also.

This is indirectly a scam.

How do I tackle this? Should a public notice of caution be issued in newspapers or should a letter cum legal notice be sent to all judges in the country (atleast Maharashtra and also to the Supreme Court).

Please suggest the right legal remedy as people are being victims of a big fraud.


Thankyou

Bindu   30 July 2010 at 09:23

Company Law

Please can anyone provide me draft of holding and subsidiary company, and share purchase agreement.

Bindu   29 July 2010 at 08:18

Company Law

Please can anyone forward me draft of share purchase agreement, holding and subsidiary Agreement and its effect on shareholders

Thank you

Anonymous   22 July 2010 at 23:44

138 Negotiable Instruments ACt 1881

Dear members,

I am appearing for Accused for the charges u/s 138 Of NI Act, 1881.

My Query:-

After perusing teh records and roznama,The Complainant at the time of filing complaint has not paid process fee, no summons was collected by complainant nor was it served upon the Accused, but to Accused shock directly warrant was served upon him.

Therefore, the same was pointed before the Court, the Ld magistrate then said whatever has happened forget it, our application for cancellation of warrant was returned and accused was released on execution of PR bond of Rs.3000/- and the next date was given to be 16th June 2010.

I remianed present with the accused on given date 16/06/2010 but to my clients shock and surprise the said matter was preponed on 14/06/2010 and non bailable warrant was issued.

the same was again pointed to new magistrate appointed in place of old magistrate, teh court replied saying that magistrate has power to issue bailable warrant without summons being served.

here, it may be noted that no process fee was paid for summons, nor was it ever collected nor served,directly warrant was issued.

My question is under what section or provisions of Cr.P.C magistrate has power to issue directly warrant as pointed by magistrate

Parthasarathi Loganathan   08 April 2010 at 19:13

Legal Opinion

LCI can introduce a section where queries may be posed and the experts can be paid a minimum amount (say, Rs.50/-) by the client who is seeking legal guidance. The income will also be taxable and would facilitate generation of income sources to hundreds of lawyers who have the best talent but could not muster any support for their livelihood. These days even astrologers and quacks are running website and answering queries charging fees. LCI can extract the best legal brains in the country and can deduction nominal commission from the income earned by the experts answering such queries. Gateway payment system can be introduced for remittance through authorized banking channels for all financial accountability. This would also pave way for improvement and enhancement of quality of legal opinion. Hope LCI would study the merits of this proposal and implement at the earliest. One should understand that NOTHING IS FREE OF COST IN THIS THIS COUNTRY. I would invite all experts to offer their valuation support to enlarge the purview of this noble proposal. It would also enable the learned brothers to come together and share their wealth of knowledge in the law profession.

Bindu   15 March 2009 at 08:22

How to obtain Money lender License

Hello Friends,

I m from Mumbai I want to know what is the procedure of obtaining money lender license, requirements, fees , duration to obtain the same or any site which gives information about the same.

Regards
Bindu

Bindu   15 March 2009 at 08:22

How to obtain Money lender License

Hello Friends,

I m from Mumbai I want to know what is the procedure of obtaining money lender license, requirements, fees , duration to obtain the same or any site which gives information about the same.

Regards
Bindu

Bindu   13 March 2009 at 17:46

Draft Mortgage Deed

Hi,

I need a specimen of mortgage deed to be entered into between money lender & individual person who is keeping his flat as mortgage alongwith original sale agreement, share certificate, no objection from society.

Further,need suggestions as to wht clauses can be put to protect the money lender & vendor.

Regards



Bindu

Vikas Kr. Sinha   04 March 2009 at 18:08

Dishonour of cheque N.I.Act

If a cheque is dishonoured due to "Stopped Payment" by the drawer.
Whether in such case complaint under section 138 of N.I. Act is maintainable?
If yes, please give any ruling.


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