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Queries Participated

Sukhija   05 July 2013 at 20:07

138 ni act substitution of representative of complainant

Complainant and affidavit in Exam-in-Chief filed by one representative but he was not available for cross on behalf of Accused as he left job.
Now can complainant substitute him with other representative?
Can other representative be cross examined on the affidavit filed by earlier representative?
I am for accused.
Should I object for substitution?
Should I ask him to file Affidavit afresh?
Pl can anyone help me...

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Anonymous   24 November 2011 at 22:41

Wrong account number put by accused on cheque

R/Experts
I land some money to my friend and in discharge of his liability he issued me a cheque, which was presented in my bank for payment/clearance but that cheque was returned to me with endorsement"invalid account number" thereafter i send legal notice to the accused but he did not make the payment ,ultimately i filed complaint us 138 Of NI Act through my counsel but now a another lawyer advised me that this reason "account no. invalid" does not attract 138 NI act and crl complaint us 420 IPC as the accused intentionally put his wrong a/c no. on the cheque was proper remedy,he further stated that this is a very big lacuna in my case and definitely i will loose my case only on this point..Now i want to know that whether account no. invalid attracts 138 NI Act or not.kindly help and suggest me.Regards
Vijender Sirsa

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Anonymous   20 November 2011 at 20:47

N.i. act

RESPECTED SENIORS,

I PLEASE REQUEST YOU TO PROVIDE ANY CITATIONS REGARDING THIS CONCEPT.

U/S 138 OF N.I ACT, IF THE ACCUSED DIDN'T ACKNOWLEDGED THE NOTICE GIVEN BY COMPLAINANT, WHETHER THE COMPLAINANT CAN PROCEED THE MATTER IN CASE OF THE NOTICE SENT WAS RETURNED UNCLAIMED.

PLEASE PROVIDE THE CITATIONS IF ANY.

THANKS & REGARDS,

ADITYA.

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Anonymous   20 November 2011 at 20:44

Divorce

Hon'ble Experts,
In a divorce HMA suit I know that a provision exists that husband too can claim maintenance from wife if the latter is drawing a much higher and better salary than husband. Please let me know if wife's late father has had properties, can husband claim for a share
in that. Iam not going into the merits of the case. Only to know if such a provision exists, then under which Section.??And any citation where something like this has been considered during adjudication.
Thank you experts.

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Rajkumar   20 November 2011 at 19:18

Sanctity of agreement of mc

In a pending marital dispute, the parties were directed to appear before Mediation Centre (MC) and they reach a settlement agreement agreeing to grant divorce, maintenance. 1) Can the family court simply act on the settlement agreement of MC and pass orders granting divorce and maintenance as agreed by the parties? 2)Is it open to the parties to the marital dispute to request the court to pass the order of divorce 'without prejudice' to allegations levelled in the prcoeedings just because the parties agreed to do so in MC or is it mandatory for the family court to grant divorce on any one of the allegations of Sec.13(1) of H.M.Act.

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sridhar pasumarthy   19 November 2011 at 23:47

Cheque dishonour case

Respected Experts,

Cheque issued by wife for the discharge of a legally enforceable debt contracted by her husband, was dishonoured.

can the wife be prosecuted u/s 138 of NI Act.

pls provide citations.

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Anonymous   24 February 2011 at 01:51

Couple in India marries in a Gurudwara only, where does it state that marriage is legal for divorce?

Both partners wish to split after being together for a year, what is best advised for the following points because different lawyers in India seem to create their 'own law' through opinion. I just want a black and white answer.

The 'Anand Karaj' took place in India the couple are Indian citizens working in the UK. They visited India for this marriage and left India within 3 weeks. But the marriage was never registered. Gurudwaras do not issue marriage certificates only a letter to say the marriage is solemnised. It does not hold the same legal status as a marriage certificate.

UK law recognises the current relationship status as 'single' and not 'married', what is the interpretation of Indian law of the status? Please provide the applicable legislation and clause that governs this acknowledgement. Without the existence of a marriage certificate the marriage is considered not valid legally, so formal procedures for two single people such as divorce cannot apply.

1. To be recognised that legally marriage does not exist;
2. To understand my legal obligations under the current status;
3. To know the current legislation that applies under a non-registered marriage;

They just want to have a simple split to get on with their lives.

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Anonymous   22 February 2011 at 16:44

case register

Any person who is not indian national can complaint direct to indian police or home ministry by Email.case could be register or not.?..

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Anonymous   21 February 2011 at 16:15

jurisdiction area for cheque bouncing cases

My company have a head office in Lucknow and branch office in Mathura...client based in mathura issued work orders in my company's name addressing our head office lucknow and branch office mathura along with the post dated cheques. Cheques were presented in our bank situated at lucknow Now all the cheques are bounced and we have sent a legal notice to the client through our lucknow based advocate. infact the 15 days time for the payment is over and i have to file a case.
Gentlemen, Please tell me where should i file the case under n.i act of 138? obviously coz i live in lucknow so it wud be easy for me to fight the case in lucknow. Plz if possible answer my query with references to apex court's decision in this issue.
thanking you
ashish agarwal (businessman, lucknow)

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Anonymous   15 February 2011 at 09:40

337

i own a school in nalgonda andhra pradesh. we have 4 school buses. saturday evening a case of 337 was registered against my bus driver for hitting an injuring a 12 year old village boy driving a moped. the boys family has put the 337 case on us.the boys leg was slightly injured when he fell off the moped.

my question is : does the school bus involved in the accident need to report to the police station or be siezed by the police?

if my driver is guilty surely he will go through the process of 337.

is my school or my bus liable in this case ?it being a school bus can we request the police to let the bus function while the driver deals with the case ?

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