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Queries Participated

S DEB   07 February 2014 at 00:14

Filing of petition

The problem:

Mr. X was aggrieved by the decision of a company ABC as he was not given a fair chance to bid for a tender and wants to file a case against a particular officer of the company who is in a senior managerial capacity and took important decision regarding this particular tender. The tenders were published by the company in newspaper and the name of the officer as mentioned above appeared in the tender notice as authorized representative of the company.

The questions are:

1. Can Mr. X file a case against the particular officer because he was the nodal officer in the tendering process and against whom the majority of the grievance lies ?

Or

2. Should Mr. X file a case against the company which is a juridical person and not against the particular officer ?

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AAK   16 January 2014 at 17:36

Ni act

Dear Experts

please advice

'A' has issued cheque to 'B' for some commerical transaction but the same is dishonoured. 'A' has intentionally given wrong address to 'B' while making transaction. Now 'A' is trying to issue notice u/s 138 but the same is returned with an endorsement as 'no such person in this address'. 'A' has asked the concerned bank where 'B' has his account to give his address but the bank has refused to give the same stating that its privileged communication between bank and its customer.
Is this endorsement is good enough to initiate NI act process? Is there any alternative to find out the address? If 'B's address is not found what is the best remedy?

plz advice

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VANGARI GANGA RAJAM   18 December 2013 at 14:26

Ni act-cheque bounce

my client has given a signed cheque to Mr.X without writing Mr.X name on the Cheque. Subsequently, Mr.X has transferred the said Cheque to Mr.Y and Mr.Y has presented the said Cheque for collection and due to lack knowledge of cheque presentation to my client, the said cheque was bounced. And Mr.Y has issued a Cheque bounce notice to my client, whereas Mr.Y is not known to my client.
whether can we take plea of this that Mr.Y is not known to my client and regarding transfer of the cheque from Mr.X to Mr.Y ?
please help me in this regard

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koustubh bhide   04 December 2013 at 00:00

Marriage without changing the previous religion

girl (christen)wants to marry a boy who is a Hindu by religion. she wants to marry him but does not want to change her Religion after the marriage. is it possible? boy also not wanted to change his hindu religion after marriage. so is it possible that marriage or court marriage by both way can they still be with their same religion?

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AAK   03 December 2013 at 13:09

Cheque endorsed as "oudated"

Dear Experts

Cheque Dt: 20/08/2013 drawn on Corp.Bank at Mysore.
Cheque presented on 14/11/2013 at XYZ bank, Mangalore.
Cheque was retured with an endorsement as "Outdated".

The XYZ Bank now claiming that the cheque has no reached the Corp Bank at Mysore within its validity, hence returned as "out dated".

Whereas the RBI notification specifically states that the chq need to be presented within validity period of 3 months. The same has been done. I want to know whether the stand of the bank is correct? can based on this chq complaint u/s 138 can be filed?

http://www.rbi.org.in/scripts/NotificationUser.aspx?Id=6805&Mode=0

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Advocate M J   03 December 2013 at 12:08

Pcr case

Good morning respected members
A PCR complaint was filed U/S falsification of accounts after which the court has accepted the PCR complaint and ordered for police investigation
I have come to know through liable sources that the police is referring the PCR complaint to their legal cell, only basing on the report of legal cell the report will be submitted to the court.
I feel that the police wants to support the accused due to which they are referring to the legal cell. and also i understand that they are going to file a "B" report.
In case the police submit the report on behalf of the accused, against the complainant how should i proceed to get justice to the complainant
and wht is a "B" REPORT?

thank u

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Anandakumara MB   01 December 2013 at 10:05

Is the daughter have equal rights over the properties granted to father by inams??

Property Belongs to my grandmother’s father, After my grandmother –father death may in 1910. Out of two brothers one was expired. My father and grandmother are staying with the one remaining brother. The grandmother’s brother do’t have any males . The properties are enjoyed by my father and grandmother. The brother of my grandmother also expired and her daughters also expired.

The daughter of the expired daughter of my grandmother’s brother made litigation of the property in civil court but not succeed it was on 1937. Properties are granted to my father by Mysore INAMS Abolition act 1955 (Religious and charitable) under section 2 in 1960 by the Additional DC Inams abolition Bangalore.

The properties are granted by INAMs are hope fully self-acquired. My brothers are made the jubane vibhaga among themselves without my knowledge in 1984, which was unregistered. My father expired on 1982. As per school records my DOB is 1943.

Weather I will get equal rights as my brothers in my father properties??.

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SUBHASH SHARMA   10 October 2013 at 20:48

Suit for recovery

ONE OF MY CLIENT AMIT PROPRIETOR OF M/S ABC CONTRACTOR GOT AN ORDER FOR EXECUTION OF CIVIL WORK (JOB WORK) AND SOME JOB ORDERS WERE RAISED BY THE CONTRACTEE XYZ FOR RS. 40 LACS.

OUT OF 40 LACS 15 LACS WAS OUTSTANDING WHICH WAS NOT PAID BY THE CONTRACTEE.

WHEN CONTRACT (ABC) APPROACHED TO CONTRACTEE (XYZ) TO MAKE THE PAYMENT.

CONTRACTEE(XYZ) REPLIED ORALLY THAT DUE TO FUND CRISES HE CAN NOT MAKE THE PAYMENT.

CONTRACTEE(XYZ) OFFERED A JOB TO AMIT TO WORK IN THE COMPANY AND ALSO ASSURED THAT THE OUTSTANDING PAYMENT WILL ALSO BE MADE VERY SOON.

AMIT STARTED WORKING WITH CONTRACTEE(XYZ) HE STOP FUNCTIONING HIS FIRM (ABC).

AFTER A FEW MONTHS CONTRACTEE(XYZ) EXPELLED AMIT FROM THE JOB ALLEGING FOUND INEFFICIENT IN THE JOB. ABOUT 5 LACS RS. IS OUTSTANDING TOWARDS SALARY.

NOW THERE ARE TWO OUTSTANDING 15 LACS TOWARDS CONTRACT AND RS. 5 LACS OUTSTANDING SALARY.

PLEAS SUGGEST WHAT TO DO.

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tushar kamale   10 October 2013 at 19:27

Property purchase

Dear Sir/madam,

I am going to purchase one property , details as below,

1.Tenement having build up area of 1500sqft at Maharashtra
2. This is resale property.
3. Property value appro 50 lacs
4. Property is two year old.

While applying for bank loan , it was observed by the bank lawyer that in the sale deed between builder and purchaser (Mrs A).
Mrs A mentioned her daughter's son (age 8 years-minor ) as heir (varas) for the property while purchaser is Mrs A.This property is purchased with own earned money of Mrs A.

As per bank lawyer, there is court order required before selling the property as there is involvement of minor in the sale deed. Now Mrs A with some consultation have made a correction sale deed between builder & Mrs A, in which they have removed the name of heir (varas) while retaining only name of purchaser (Mrs A).

Further on basis of correction deed, they have removed name of heir (varas) form Satbara report & circle officer documents. Now bank has cleared the case and approved the loan.

Kindly explain me about the above case and whether it is legally acceptable.

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Muzaffar   06 October 2013 at 22:58

Possession of suit land during status quo

Dear Experts,

Partition suit is pending in High Court and Hon. Court has ordered a status quo on the land in question.

The consutruction work is going on in full fledge by various contractors/builders and occupying the space.

We don't have enough finance to file case against each for contempt of court.

Is there any way to complaint this police and take possession of vacant space before everything is occupied since we are declared party/legal heirs/shareholders.

Thanks in advance.

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