Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Queries Participated

Suvo   13 February 2015 at 18:45

I want to get deposit money back from a chit fund company

HELLO RESPECTED SIR,

I AM HERE TO DISCUSS ON A SERIOUS ISSUE... I NEED SOME HELP FROM YOU ALL.. MY FATHER HAVE INVESTED 100000/- IN A DEPOSIT SCHEME OF ROSE VALLEY ( A BUSINESS ORGANISATION AND CHIT FUND COMPANY LIKE SAHARA) 4.5 YRS BACK.. AS PER THE SCHEME HE WAS SUPPOSED TO GET 140000/- AFTER 3.2 YRS.

NOW ITS 4.5 YRS , TILL NOW NOT GOT MONEY BACK.. THEY ARE SAYING THAT MONEY IS ON HOLD AND WITHIN FEW MONTHS THEY WILL RETURN BACK THE MONEY AFTER FEW MONTHS.. NOW WE NEED THE MONEY.. ITS URGENT.. I AM READY TO GO FOR ANY STEPS LEGALLY TO GET BACK THE MONEY..

PLEASE HELP ME.. I WANT TO KNOW ALL THE LEAGAL STEPS THAT I SHOULD FOLLOW TO GET BACK THE AMOUNT.. PLEASE TELL ME THE PROCEDURE.. I WANT TO INFORM SEBI, POLICE, AND ANYOTHER DEPTARMENT WHERE I SHOULD GO FOR HELP..



TELL ME ANY MAIL ID OR PROCEDURE TO CONTACT THEM OR ANYONE ELSE..I WILL BE AT A VERY BIG PROBLEM IF I DONT GET MONEY BACK..

THANKS IN ADVANCE

SUVO

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Deepankar   09 March 2014 at 04:59

Land matters

There was a dispute on drain between me & my neighbour which they wanted to encroach.
We filed a case against them on june -2013.
Our lawyer told that the case will be cleared within a few months.
Now its almost one year & still the case is going on.
On our lawyers advice, we submitted all original documents of our house to the court.
But we did not get any receipt of the submitted docs.
Can I get the receipt.
Sir, If i want to get back my original docs now, what is the procedure.
Sir, I want to change my lawyer, what is the procedure.
Plz advice.

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Ryan   09 December 2013 at 12:14

Cgtmse ,defaulter npa, photo publishing

Respected Sir/Madam,

I am an entrepreneur and have borrowed a loan under cgtmse of Rs. 4.75 lakhs from State Bank Of India, the total loan was of 11 lacs, out of which based on 25% of m yc ontribution the bank sanctioned 7 lacs, 4.7s lacs used for machinery and rest was working capital , which we dint borrow. its just 2years passed for the taken loan, the total period of repayment is 5 years.

so far i have paid 1,66,000 Rs. however there had been delay in payment in between because of financial problems. after i took the loan we couldnt start our company because the raw material( chips also called as electronic IC's)were faulty and the whole design failed. i had to start from scratch, and the work of redevelopment was going on and in the mean time i was paying installments from my own pockets. but the situation got worst as the price of dollar started increasing.from Rs 42 it climbed to 58 and then to Rs 62. most of the components in my product are to be imported from abroad as india doesnt have microchip manufacturing industry. and it became difficult for me to enter production with the amount i personally had and the bank started threatning me on delay of installments,

once the account even became npa which i regularised after 6months by arranging the funds. and asked the branch manager to to rescheduling or restructuring of the loan, which he clearly denied. I gave him the genuine reason that the factors where beyond my control and based on economical reason i am unable to enter the production so please restructure the loan and increase the time period of repayment, instead of helping us the bank manager sent me a notice of publishing a photo of being defaulter. some how i was still paying the installments .

later on my mother was seriously ill and was hospitalised and later on expired the hospital bill was enormous, and i had to manage that too from relative and friends. in the mean time the installments to the bank delayed and the manager started to threaten me again and then i requested him to restructure and he denied again, and issues a photo publishing notice in leading local newspapers. i use to search a lot on internet about restructuring of loan for CGTMSE and i found the below attached RBI guidelines for sme-msme.

and it clearly says that the bank should help the sme the moment it understand that the company is going into npa, should identify a viable report and take quick hand holding actions.it has also removed the clause that the company should be in 2years of minimum production period and it says that even if the company couldnt start production after 6 months from the day it borrowed the loan , the bank should help it. restructuring can be financial help or not or can be extending the repayment period less then 10 years and waiving of some interest.

even the the bank manager clearly said that he will not provide additional finance and asked me to give business plan of other product that we can manufacture, so i gave him the business plan of other product, he took and sat quite for 6 months. no reply from him. and the mean time we were working on our other product too. the bank manager calls me and after 6 months and threatens me again that the account is NPA and i am going to publish the photo.and there is no such guideline to help cgtmse. as none of your business are working.

In the mean time i got notice form his higher branch that i have 60 days period and i can settle the npa account within 6odays else they will confiscate the machine that has been borrowed by banks money. when asked the bank manager, about the notice he says i dont know who had sent that to you. the 60 days get over on dec 18 2013.
so based on the threat calls i gave him proof of citation of Hon. High court of kolkatta and madras of similiar npa cases where the high court has objected the banks photo publishing action as the defaulters are not wilful defaulters, and i forwarded the same to the bank manager. he again replies me that the seniors have ordered him to publish the photo. so i replied him that you show those citations to the seniors and read the rbi guidelines and restructure and stop from defaming me. instead the bank manager without giving me any written notice published my photo in a news paper other then news paper that was told to me, and before publishing the photo we had started to pay the installments in step wise and informed the same to the manger, and still he published my photo and the period of 60 days is not over yet and the bank has taken all the data and sent the valuator for restructuring and had done nothing at all. i never wanted to cheat the bank as i am running the company with my own savings. and the bank manager has defamed me. i realised that the bank doesnt follow rbi guidelines, and Hon. High courts judgement is challenged by the bank and i have all the evidence of above mentioned cases in the form of emails, notice, acknowledgments and phone recordings where the bank manager has threatened me to spoil my name in business world. on the first meeting he had also told me that the bank makes the defaulter sleep on ice slab and whips them until they surrender all there property, but i dont have recordings of it,but i have witness as my friend. I want to file a case against the manager and his seniors and defamation case, please suggest me the necessary steps i should take, the bank manager ignores the lawyers notice too and acts like a barbarian.

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prasanna kumar   06 September 2013 at 21:31

Limitation under serfaesi act

I want to know whether the supreme court has announced any decision on applicability of the section 5 of limitation act to application under section 17 of Serfaesi act.
I heard that such a decision is announced recently. If so and if some one knows pls shed some light on this.
Thanks in advance
Prasanna

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kewal singh paneser   21 October 2012 at 21:59

Contempt of court

i won a service matter case against punjab agricultural university ludhiana after a legal battle of 10 years in various courts including the apex court. the case 19069/2002 was referred by the apex court back to hon'ble punjab and haryana high court which decided on january 21st 2012 the case in my favor and ordered the respondent university to pay my pension and other dues accrued within six months from the date the order is received. the university received the order on 22nd february but is not paying my dues in spite of my written request and visits to the university. i have no money now to hire a good lawyer. i have written a letter to the hon'ble chief justice of punjab and haryana high court to ask the respondent university why it has not paid my dues. what are the chances that the hon'ble hogh court will come to my support. which other forum can come to my help?

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Mohsinkhan   31 July 2012 at 21:32

Legal document custody

Hi
All
Res Senior,

My Grandfathers IsmailKha had 100 Acer agriculture land in our village. since 1878 we were the main Jamindar of the our village land. Our village promulgation completed in 1950 at the time the land was our name in register of tahsil record. Since 1917-23 my grandfa had been mortgage all agriculture land for period of 36 year to private party name was Gambhirsinh through the registered document no. 1/1917 and 3/1923. Gambhirsinh was rich man in our village. After the mortgaged period in 1959 my grandfa gone to paid amount of mortgaged land to released the land but the Gambhirsinh did't accept the amount of mortgaged land after that my grandfa go through the court to evict the possession of above land. The Hon'ble court directed to evict possession of Gambhirsinh and released the all land after the paid amount of mortgaged land in decree in 1955. After the decree my grandfather paid the amount of mortgaged then after they not evict the possession of the land. During the period of 1970 to 1980 in the juridictional court occured fire incident and during the occurrence the wholly important documents burn in the incident. In 1981 my grandfather passed away. in 1983 Gambhirsinh also passed away now our land have in third party possession. we are middle class family.I want to get back our land through the legal fight.At the time my family was illiterate they did't gone to further proceed now i have decree but some page of the decree we lost. we have't registered document. After the long inquiry we have know that the all registered document has been in the taluka executives magistrate custody. I need Hon'ble civil expert lawyer's help who guide me to following query.

(1) The original registered document of the mortgaged land in the taluka executives magistrate custody. how can i get back the wholly regi- original legal document ?

(2)if i ll go to the RTI or direct in the Executives office they will hide the document and may be i lost the chance..

(3) What can i do ? institute sue in the court? or i will produce the decree in Taluka Executive Magistrate to register our name in Form 7/12, 8 A ? what will the limitation period ?

(4) what is the proper way to get back our right's our property ?

pls Help me...

yours
M.A.Koreja
Advocate
Gujarat

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Vaishal Ghiya   01 May 2012 at 13:02

Summary suit

Sir!

I have a query in regard to summary suit and need an opinion in regard to the facts of our case:

1.) We are Transport service Provider and have provided services to a ‘Pvt. Ltd. Co.’ during 2004-2007.

2.) They have made a default in making the payment during 2007 and thus we have sue them in the court, and till date the suit stand in the process of hearing.

3.) We have all complete records of the services made together with the acknowledgement receipts. Finally they have accepted their liability but the Interest to be charged on the sum stands disputed (as we did not have a agreement in regard to the Interest to be charged in case of non-payment/delayed payment. However in the terms and conditions it is mentioned that payment to be made within 30 days)

I would like to know what Interest I am entitled to receive keeping in the above matters. Also, Whether I am eligible for 18.25% interest with monthly rest as mentioned for clean overdraft category in SBI’s advance rates?

I am also attaching

1. CPC 34
2. State Bank’s Advance Rates
3. RBI’s Notification to charge interest on monthly rest on advances -
4. Supreme Court judgments for the ready reference.

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parag   29 May 2011 at 20:42

Mutation entry record

what is mutation entry in revenue deptt.
I have taken homeloan from Bank.
My builder have submitted temoporary mutation entry record in bank.
I am facing problem of morgage of home in bank as bank asking me mutation entry record is not acceptable as it is temporiry entry.
What shoud i do?

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sangameshwara   01 February 2011 at 12:54

Is sale of land by GPA holder is valid??

"A" is ("A" full property is self acquired property as per the records)

"B" is ("B" is son of “A”, he is not having any share in "A" property. since it is self acquired proerty of "A")

“X” is GPA HOLDER from A & B

“Q” is our self.


On 1991 "A"+"B" Given a GPA to "X”,
(GPA registered in SUB-REGISTRAR OFFICE.)

on 2004 Again "A" is gifted the same property to "B".
(GIFT DEED also registered in SUB-REGISTRAR OFFICE.)

on 2005 “Q” We purchased a land from "X"
(SALED DEED registered in SUB-REGISTRAR OFFICE.)


While selling the property by "X" to “Q”, "B" is also signed as witness.

Problem is:
"A"'s grand son filled a suite against us . since it is her grandmothers he is having full right he is saying

"B" also filled a suite against us that these property is gifted by "A" , hence full right of these property is his own. ** Now B is also saying that he is not B, Changing is name as OOO (Both B & OOO is single person)


** A & B & X are still alive
** GPA is not canceled by A or B
** Left thumb impression of A & B & X are in GPA.

1. Let me know who is the having right in this property.
2. If ‘A’ is died what will be going to happen (becz “A” age is around 76years)
3. If "A" is canceling the GPA after sale deed was excuted by "X" to"Q" what will going to happen.

Kindly do the needfull

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T.Ramsamy Murugan   17 January 2011 at 22:13

Minor Property

My father was guardian for a property in my name, he sold it with court permission, when i was 16 age, now, can cancel this sale through court?

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