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Queries Participated

Advocate Ravinder   28 August 2017 at 14:18

Sec.138 ni--forgery of p.note.

To
Learned Advocates,

My client had taken hand loan of Rs. 3.00 lakhs and had issued a signed blank cheque in discharge of loan liability. My client had re-paid the loan. But the creditor said that the cheque has been misplaced and will hand over shortly. But surprisingly, he filed cheque bounce case under Sec. 138 of NI Act by filling up the cheque.

The creditor had fraudulently created a fake promissory note of Rs.3.00 lakhs by forgering my client signature. I challenged the signature and it was sent to FSL. It is proved that the signature was forged by FSL.

My questions are:
1. Whether the cheque bounce case will be dismissed basing on the FSL report.
2. Whether I have to file separate cheating and forgery case against the Complainant. Or can I file Cheating and forgery case in the same 138 case.
3. Can I file civil damages case, since my client has to incur about Rs.30,000/- for Advocate and Misc. Expenses, mental tension, waste of time.

--P.Ravinder, Advocate, Hyderabad.

rajesh gandla   05 August 2017 at 13:25

Indian succession act.

Very Good Afternoon,

I am Rajesh my grand father Mr. A (died in 2004) has written a will. He has one son Mr.B and Mr.B has 3 sons(2 of them married) and 3 daughters all are married. Mr.A has written a will stating all his properties, lands and bank deposits should be distributed equally among the son and 3 grand sons.

My query is, the daughters of Mr.B does still have any right in the grand father ancestor property even though Mr. A has clearly written a will? Kindly advice.

Namita   05 August 2017 at 10:05

Solvency certificat

I have got a bail for my son from Mumbai court. I have been asked to give solvency certificate. I have a property in Tamil Nadu but I live in Bangalore. Can I still give the solvency based on this property but have my address proof and aadhar card of Bangalore address.
Will this be acceptable? Is there any complication that it is two different states?

umang   04 August 2017 at 20:16

Not getting 7/12 and ferfar in1952

Sir, i am from Nanded (Maharashtra) after a few months my Father's birth my Granfather was expired the my Grandfather' Cousins forcefully acquired land of my grandfather which was ancestral.my grand mother fight civil cases but not success due to misleading.
Sir I want 7/12 and ferfar of around 1952 when whole land was on name of my Grandfather. But there is no record found in local revenue Department.but some part of land is still on my father's name.
So please help me.
How can I get old 7/12 and ferfar ??

Hemant   31 July 2017 at 00:49

Computing the time period of limitation

Hi,
Where can I find the Computation of period of limitation in civil suit
Thanks

Madhu   31 July 2017 at 00:12

Drunk and drive

I am caught for drink and drive last night, police seized my vehicle and kept in police station and issued me a notice to attend case in court, Wat should i do sir?? Will I face serious consequences,,? I have only learner's license, should I go with the police si to the court as they guided me to just pay the fine or should I hire a lawyer for this issue, I'm really worried sir, please help me

Gaurav   30 July 2017 at 21:48

Responsibilty of Broker

Actually my uncle is broker in textile. He had executed a transaction of sales of Textile items of approx rs. 60lakhs in 2012 between saller & purchaser. Out of which approx rs.53 lakhs had been paid on the same time and remaining were pending. The purchaser had not paid it till date. Now after 5 years, One fine morning my unlce (who is broker) came to know that saller has registered FIR And in which name of my uncle is also mentioned as a party of fraud. When my uncle called saller, he told nothing to worry to you, and misguided that you just go and give statement in police, your name will be removed from FIR. And when he went there, police after taking his statement, refuses to allow him to go back to home as there were charges under section 409, 420,etc. On him. Now I just want to know as follow:

1) what procedure we should follow so that our name should remove from case?

2) Is saller legally have Right to claim his money after 5 years?

3) what if saller gives an affidavit that he knows that broker is genius and he had helped me to try to recover the amount and he has just mention his name as he was a broker in that transaction, his intentions were wrong?

4) are agents/brokers are still liable, even if brokerage/commission for the defaulted transaction has not been paid to him?

5) Is it will be in our favour to file case against the purchaser for the said transaction?

6) can we file any maanhavi claim against saller as he have to spend some days in jail.

ayush   29 July 2017 at 15:53

In regards to transfer of zamindari property.

My father took care of a woman in her old ages for 10 years till her death . Humbled by the care that my dad took of her She that of her son , she willed her entire zamindari Property equally to her son and my father in the year 2000. A year after in 2001 she died. Some 5 years after her Son died of mental illness. My dad took to local TEHSIL n the year 2012 to get the property transferred to his name. But just then ,the Woman's daughter objected the transfer ( or someone unknown on her behalf did that fakely) despite the fact that her mother named nothing to her daughter who appeared all of a sudden . 2 years of hearing at local TEHSIL , the Lekhpal filed his report in our favor as no one appeared from the opposition party even for a single hearing. Also we produced all proofs (latest will) , witnesses and thus it appeared an open shut case to us. Though all these positive developments the TEHSILDAAR , said it was out of his authority to transfer the property under my dad's name . So he transferred it to SDM office. The SDM conducted his own inquiry and factfindings . Still no one appeared from the opposition party , hence The Government lawyer filed his report in my Dad's favor. Now besides all these developments the SDM is reluctant to transfer the property in my father's name . Every day my father who is sick health wise and exhausted mentally goes to the SDM office who simply assures my dad that he will do it but does nothing. Asks my father to come next day and when he visits the office most of the times SDM was absent or gives the false assurance. My dad spent all his savings on the case . Paying the lawyers who now seems knew nothing and were just fooling my dad. SDM . We aren't well off economically and most of our money is spent on mine and other 3 of my sibling's education. We clearly have a hint that the SDM expects a huge bribe from us, but we cant do that. So how can we get this thing done. 2.) How strong is our case? 3.) Does Zamindari Abolishment has anything to do with it and can that prevent us from getting our work done. 3.) What can we do if SDM is not doing what he is supposed to do in this case. Hope , someone would help us out with his knowledge.
Thank You.
















Ayan   06 July 2017 at 13:43

Title suit can be turned to evition

Commercial Tenant and Landlord has a rent agreement on 2005.
After expiry of tenancy in 2006 , dispute occur and no rent paid
by tenant till date.
Tenant file a case in 2009 , Title suit claiming that
1)Court should declare him a bonafied tenant
2)Court should raised a permanent injunction against eviction.

After 2013 , nor tenant or Landlord appear the case .Still case is pending.
I am relative of landlord .Land lord is of 80 and goes several surgery and
old age disease.

Land lord is financially weak also.He appeal to district legal authority ,DLA
has approve his application.

My question is
1)Can we counter claim of eviction in the existing case ?
( Title suit for bonafied tenant)

2)In the above case , as tenant is not appearing 5 years ,
will it be a possible that , we will be plaintiff and tenant will defendant.
We will be able to ask next case date ?

3)We need to file a fresh eviction suit or the existing case can be used for eviction ?

4)The agreement was for 1 commercial shop.Tenant has forcefully occupied
another room and using as store room.Preventing tenant to enter the room.
What will be the best step to get back that room ? Another case , Criminal case
Please advice.

Sankaran   06 July 2017 at 13:08

Mutation of property(agriculture land)

Hi,
I have a 1 acre agricultural plot in a village in Maharashtra since 2000 v Though the sale deed has been registered , mutation has not been done
My name is not appearing in 7/12 records maintained by revenue authorities in the village though proper sale deed registrations are available

My land along with others in the area , is likely to be taken over by Govt for a "Road project " and a compensation is being expected

Will I have any problem in getting the compensation just because 7/12 does not show my name Proper Sale Deeds registered which confirm my name as "owner"
Request your Expert Opinion
Regards