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Queries Participated

jeetendra patel   15 April 2012 at 12:08

138 n.i. act

Dear colleagues, i have filed a complaint on behalf of a private limited company against another private limited company and its directors.
the facts in nutshell:complainant (not being a financial institution) granted a short term loan of 15,00,000/- charging 24% interest p.a. to accused company. Accused executed a loan agreement on 100Rs. stamp paper,executed gurantee and promissory notes in favour of complaint.
i have following query:
can company (NOT BEING FINANCIAL INSTITUTE) borrow to another co.(any bar of money lending act)?
technical objection of insufficiency of stamps and nonregistration in criminal proceeding?
i can prove transfer of money through bank to accused company.
I have read somewhere in some judgement that it is for the accused to explain how cheque came to be issued .
pl.enlighten me on above points with additional tips in order to succeed the case of complainant.

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Arif Iqbal   15 April 2012 at 09:39

80 cpc

Respected learned members,

1) One of my client has a money claim against a registered Staff Welfare Society of a National Park.

2) The Director of the said National Park is the Chairman and the concerned DFO is the Member Secretary of the said Staff Welfare Society.

Now my query is:

a) Whether it is necessary to issue 80 CPC notice before instituting money suit against the said Staff Welfare Society?

b) If yes, whom shall the said notices be issued?

The matter is urgent, please guide me accordingly.

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Anonymous   15 January 2011 at 00:50

court fee for sale deed cancellation

Dear all,
i have my anstrel property and dispute b/w me and my brother. i got stay order and L.C. in my favour. meanwhile my brother sold this property to his wife after the death of my mother on behafe of her G.P.A.(show her live but she died and she need money so she sold this property)
So, my q is that if person was died, can it possible that property sold after death. show her/ his live.

what is the action?
Can i filed a case of regisrty cancellation?
what is the fee?
we are in possession

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Anonymous   27 November 2010 at 21:11

138 n.i.act

sir,
ine one matter cort has made conviction of the accused and directed him to pay compensation of around 4 lakh against cheque amount of 4 lakh. accused is a poor govt.servantand nw plz tell me the procedure of filing appeal to seession?/?is it neceesary to predeposit amount of fineof 4 lakh or appeal can be filed without it also do u ve any citation in our favour due 2 which appeal can be admitted without depositing or depositing lesser amount as he is very poor person and complainant has filed false case against him.nw complainant threatened him that he will loose his job and complainant is not ready 2 compromise.plz tell me hw much amount is required as predeposit before filing appeal??

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mahendrakumar   14 August 2010 at 07:37

Am I a consumer under the act?

I had paid the fees of my 'major' son towards a private management college out of my earning and the bank dd was also taken by me from my sb a/c.

in this case can I be considered as a consumer under the consumer act?

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Member (Account Deleted)   11 July 2010 at 12:25

Neighbour encroaching on my plot

A 2-storey building encroaches on a part of my plot. The size of encroachment is approximately 2 square meters (according to civic body's survey).
However, the civic body carried out another demarcation survey in my absence and claims that the encroachment has now been removed.
I have obtained this survey report through RTI application. It is a blatant lie. The encroacher had already scraped the plaster from the walls to show less encroachment (at the time of first demarcation survey), and it was not possible to reduce the encroachment further.
Additionally, the second floor is misaligned and protrudes even more into my plot, but the demarcation only measured at ground level. (They use crude sticks and stones and one measuring tape....they don't even have proper equipment to carry out demarcation surveys).
The Town Planner has written to me that the encroachment on top floors will be removed (but when? by whom?) and in another letter the Town Planner has claimed that there is no encroachment at all, according to a 3rd survey which was also carried out in my absence.
As you can see, they are a bunch of bribed pigs.


I requested demarcation survey to be carried out in Feb 2008, so that is the first official record that I am aware of encroachment. The building which encroaches on my land does not have completion or plinth checking certificate either.
I wrote to the Town Planner, not to grant completion certificate to the structure which is encroaching on my property. But they insist that they cannot withhold completion because the encroachment does not exist.
I have interviewed 5-6 lawyers, but their approach is to ask me to
leave my papers (photocopies) with them and give them the money, to proceed in ways they deem fit. I want them to discuss with me first how they will approach my case.

One lawyer delayed my case for several months by giving me false case number and insisting that he was attending the dates, when in fact the case has not even been registered.
Notices have been sent.

I want to give my case to a competent lawyer.
Uma
9881365645

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anshul sangal   10 May 2010 at 08:02

Revision

Can revision be made on appeallat court other than high court if yes then under which provision?

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charanjeet singh   09 May 2010 at 20:52

138 of negotiable instrument act

Is complaint of dishounoured cheque with endorsement 'signature differ' is maintainable U/S 138?

If yes, any authority regarding this?

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asifa butt   09 May 2010 at 18:00

interlocutory

what wud be the remedy against an order for setting aside ex parte?appeal,revision or writ?
as appeal does not lie against interlocutory order

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Anonymous   07 May 2010 at 08:00

cheque bounce

sir,
I had been issued three cheques by a courier co. as repayment of the money I had paid them to get their franchisee of which one of the cheques was disbursed while the other two bounced, after chasing the co. they again issued two cheques after deducting Rs 3000 without any reason after a period of six months but this time too the cheques bounced, What legal action can be taken against the co. Are there any ngo who are associated with such problems as I dont't have enough funds to fight back with the co. in a court.

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