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Queries Participated

KAPIL   15 July 2011 at 21:42

N.I.ACT 138

138 DISMISED IN DEFOLT ON NON APPEARANCE OF COMPLAINANT ( CASE WAS FIXED FOR VERIFICTION) at this staage what we should do appeal or restoration application

ganeshram gupta   08 May 2011 at 17:34

blank chq cosipiracy

Respected sir,

Lawyer’s group or dacoit gang ?

I am a Resident of Shivpuri(M.P.) and have respected image in business community . Unfortunately, I am in grip of a lawyer’s group, who have entrapped me in several punishable sec 420 ,465,467,468,470 and 120 B Of IPC.

The lawyer -Mr. Gajendra singh Yadav is a name in lawyers group to blackmail the people .He got a blank cheque and paper signed from me , he turned these securities by filling 16 lacs rupees .He took witness of two other lawyer’s too. While filling date in blank ,he wrote wrong years ,Due to this reason the drawee bank returned it.. now he registered case against me and bankers for claiming Rs 16 lacs and punishment for forgery in date.
The court is in impression of lawyer’s group .It does not like to hear and accept even anticipatory bail.
What is law ? either I should accept proposal from the criminal lawyer and pay Rs 16 lacs , He can accept the amount even to Rs 4 lacs or should go to jail. This lawyer’s group has been blackmailing people from years,. This horror of lawyers. Is such that I can not hire another advocate
Can court ask,in law how a lawyer can finance RS 16 lacs in cash (No cheque transaction ) .can court formulate some standard practice to adopt.can court allow to the greived party to purt his basic facts, before putting behind the bars--- another a source of blackmailing .

Please help and allow to say “justice for all”.
Thanks


Anonymous   28 January 2011 at 20:10

Live together

Please explain in details legal status of 'Live-together' in Indian Laws. Can it be established legally?

Anonymous   05 January 2011 at 16:17

cHEQUE DISHONOURNED DUE TO SIGNATURE DEFER

R/Sir
My customer give me a cheque which was dishonour due to signature defer,now what is remedy available to me as the customer has refused to make the cheque payment,i have to file a complaint u/s 420 IPC or complaint us 138 NI Act is maintainable in given facts.Kindly suggest. Thanks

Advocate.S.A.Siddiq   29 December 2010 at 21:17

No supportive documents for bounced cheque

The Online trading company issued cheque to their investor for Sum of Rs. One crore (1 chq 1 investor). No documents in support of investments, and No other suportive documents in favour of cheque , or payment . in this situation 138 case filed against trading company . HOw will this case maintainable ? any judgement in favour of this type of case ? kindly post it..

Member (Account Deleted)   28 December 2010 at 22:46

substantial question of law

If a case is instituted by a person on the basis of false evidence and even after objection raised by respondent the court pretermits the fact and allows the petition on the basis of an evidence/finding of a civil service matter and that finding too estabilishes the earlier evidence produced by that person to be false.

Does it raise a substantial question of law if we prefer an appeal before supreme court?

Bhawani Mahapatra   28 December 2010 at 17:54

Who should get the copyright of a song ?

In the context of a movie song- a song come to the audience through different stake holders.
Firstly the person who write the song, secondly the person who composes it, thirdly the person(s) who sing it and lastly the actor/actress against whom the song is picturise.
My question is "if the song is an intellectual property, then who should get the copyright of it ?
Please mention the relevent provision of laws.

Kirankumar   28 December 2010 at 16:21

Pre Nuptial Agreement

Pre Nuptial Agreement,

What is meaning of Pre Nuptial Agreement,
and its information ?
Plz, send me information about it.

santosh   28 December 2010 at 13:16

138 of N.I.Act

Dear expert ,
goods were supplied for amount of Rs. 50,00,000/- (fifty thousand) accused paid from time to time 45,00,000/- in cheque but his nine cheque amounting to Rs. 5,00,000/- were bounced, (stopped payment by the drawer) now the examination of P.W. No. 1 is over, P.W. No. 2 (the broker is over) the broker evidenced that the goods were delivered and sold through him to the accused. And he has noted in his brokage receipt the trucks nos. and the name of the transporter through whom the said goods were delivered. After when we called P.W. No. 3 the transporter he turn hostile, we asked him whether he knows the accused he denied by name, when we shows the same accused in the court he identify him, he evidenced that the said original register is not traceable in his office ( from the period between 25.02.2010 to 06.06. 2010, the period the goods were send to the accused) the also admitted that there is no due (transport charge) between the period 25.02.2010 to 06.06.2010 of the accused ) the transporter also admitted that there was no such complaint by his drivers that the goods between 25.02.2010 to 06.06.2010 were not delivered to the parties. However originals records are with (p. w. no. 4 ) who has recorded the trucks nos. weight of goods , and the period between the goods were loaded into the transporter trucks. The defense advocate decline to cross. till now it is not a case of the defence that the cheque was given for security purpose, whether the cheque has been stolen

Pl. guide me how the evidenced given by the transporter will affect my case.

N.J. MISHRA   28 December 2010 at 09:29

insertion of arbitration clause under Indian Law

the company is shipping company having its head office at Singapore and other office at Mumbai, Chennai, Kochi, Kolkata, Delhi, Patna, Dehradun, Pune,Jamnagar.

the company execute a employment contract with the seaman when they are appointed on a contract basis.

there is one clause in the contract that "by signing the contract you also agree to Singapore Law governing all matters arising from this contract and all claims are subject to the jurisdiction of the court of Singapore"

By insertion of this clause can company inserty arbitration clause under Indian Arbitration and Conciliation Act because there is one more clause which shows that if the seaman is not covered with any agreement or insurance then the company will pay the compensation according to Workmen's Compensation Act, 1923. kindly suggest whther Arbitration clause under Indian Law can be inserted or not.