I have filed a private complaint u/s. 138 of N.I. Act. While filing it i've filed xerox copies of Cheque, Bank return memo and subsequently it were duly verified by Assistant Superintendent of Court. Now the case is posted for final argument and the my client has lost the original copy of Bank return memo. So is it necessary to get the said verified memo exhibited? can it be read in evidence? Pls suggest me needful... Thanking you!
Can a leasehold rights be equitably mortgaged? A leasehold given for a period of 30 yrs to a trust and the trust needs to avail a loan from the bank.
Please advise how has to create EM in favour of the bank?
1.The original owner
2.The leasee since the period of lease os for 30 years
3.The original owner and Leasee jointly since both have interest in the property
In a complaint case under sectino 138 N. I. Act a cheque was issued on a bank account maintained by a registered society bearing rubber stamp and signatures of "A" (authorised signatory of the society). However, "B" also signed the cheque ("B" being near relative and manager of the society) despite the fact that "B" was neither authorised to operate the bank account nor having any connection with the bank account.
The cheque was issued in discharge towards repayment of a loan obtained by the society from a private financer (banker). The loan agreement bore signatures of "C" (authorised representative of the society) as well as "B".
Notice before filing of complaint was served only on "B" and on none else and in the complaint also "B" is the sole accused impleaded.
Now my query is what is the liability of "B" in the complaint?
bank account closed - Stop payment by drawer - IS these categories are comes under 138 N.I. Act ?continue
Can one complaint filed for more than three cheques.if any judgement is available then provide
Thanks in advance
cheque dishonured date 24-10-2009
notice served date 21-12-2009
in beetween 59 days.
notice recived date 24-12-2009
I want filling complain.
Plese see the any way.
I am weating.........sir.
I have deposited a cheque on 30-11-09 and it bounced as insufficient funds on2-12-09 so I sent Lawyer nofice on 5-12-09 through Regd post and till this time Regd letter is not delivered to the party nor returned to me,so I requesting you to pl clarify
1)Shall I present the cheque 2 nd time for collection OR
2)shall I file a case under NI act now it self as no intimation from postal dept is treated as the RL is deemed to be served
OR any other proper way pl suggest
How much is the limitation period of a loan amount if not paid on the due date. How long a bank initiate a legal action against the borrowercontinue
whether sale cerificate issued under securitisation Act requires stamp? if so at what rate?
whether it requires registeration?
whether loan from bank can be secured by deposit of sale certificate without registeration? In other words, whether for equitable mortgage, regd.document is required?
A highest bidder whose bid was provisionally accepted withdrew his bid before finalisation by the competent authroity of a government department. Now the bidder wants to file a suit for recovery of the amount of security/Earnest Money retained by the Govt. Department. The highest bidder is an unregistered partnership firm. Whether such firm can file suit for recovery without its registration under the Partnership Act or the suit will be hit by section 69 of the Act?continue