RajanaVenu
02 July 2010 at 10:51
I have given an LOA to someone in India , who mis-utilized to transfer money by a request letter from one a/c to another a/c.
Contents of Letter wrote to Bank:
-------------------------------------------------------------------->
To
Bank ABC, City, State.
Sub: transfer of funds.
I, "MY NAME" not having check book with me and my A/C no : 12345.
so please transfer 1Lakh ( One Lakh) to Mr. XYZ A/C no : 34556.
Thank you.
Signature of LOA
(LOA Holder)
Kinds Regards,
Signature of LOA
( Name of LOA)
------------------------------------------------------------------------>
As per the LOA agreement document with Bank, the below lines were stated regarding the transactions
*******************************************Agreement on LOA form that I signed->
1) I/We hereby authorize you to honour all cheques/negiotable instruments drawn on the
above account provided such cheques are signed by "" LOA NAME .." whose specimen signature
card is enclosed by countersigned by me/us.
2) I /We hereby agree that all debits made by the bank in my/our account by honouring cheques/negotiable instruments/ debit slips signed by the said ... "LOA NAME"..... are conclusive and bining on me/us. "
I/We here by futher agree to abide by the provisions of the Non-resident(External)
account rules.
*******************************************
Above in the letter "MY NAME" represent my original name in the content of letter ( first one) , and also the word "bining" is not a typo from me, but it was the actual word in the LOA agreement form.
When the letter say's " I, MY NAME " can bank accepts this below letter to process the transaction. ?
1) Can the LOA holder sign the letter when the contents says " I MY NAME". , as I have not written the letter OR signed.
2) Will this letter falls as a negotiable instrument / Bill Of Exchange category to process the transaction.
Could you please help what options are available and what sections this falls under NI 1881 Act. How to approach them.
Thank you for any help or inputs.
Raj
Anonymous
02 July 2010 at 10:41
Ld counsels,
Is it possible for a party in person to obtain copies of judgements relevant for the case from the High Court Library provided the citation reference.
Basically I am in need of judgements which can be obtained from reliable source given the citation reference. Will it be provided for private parties.
Please clarify.
Anonymous
02 July 2010 at 10:32
IN DRT CPC is applicable? If so, For production of documents a borrower can move to High Court ? In my case The Applicant Bank is having some Documents for which Defendant never asked for inspection of documents without which the defendant directly filed Writ Petition ? is it maintainable if so under which section of CPC?
pankaj jain
02 July 2010 at 08:12
In a cyber crime case ( malicious email case)the prosecution has failed to submit till date cyber forensic report in the chargesheet .Can it weaken the prosecution case in the trial for not filing cyber forensic report?
Anonymous
02 July 2010 at 05:32
1.whether ACB can avoid to implement the govt orders which were received prior to filing of charge sheet?2.whether I.O.has got the power to file charge sheet in corruption cases with out any sanction from govt or higher authority in case of a retired employee?
Anonymous
02 July 2010 at 02:47
dear sir,
I have filed a case against Railway for denial of refund of wait list passenger ticket after getting a ticket deposit receipt.after the notice of learned forum the Railway issued a pay order to my client and that was encashed.In this circumstance it was deemed to be deficency in services or not..pls provide some citation/case law so that i enable to raise my grevances promptly.
Anonymous
02 July 2010 at 00:04
my commissioner in central excise has harassed me by missuing his powers. he even went on to put official letters and notes that I am mentally unstable and paranoid. He misued his powrers and transferred me . He even interferered inmy personal matters . right now he is member CESTAT . how he can be prosecuted . I have also written to President of India for permission to file defamation case . But president office has not bothered to reply. please guide me . he even got me illegally transfereed and removed me from service.
Anonymous
01 July 2010 at 23:22
In company petition in High Court of Bombay, at an admission stage the Judge passed order directing respondent i.e. company to pay amount as per the petioner and on payment by the respondent the petition shall stand dismissed accordingly.
I am for respondent i.e. company for challenging the order of the Judge for quashing the said order on ground -Because the company filed a reference before BIFR and the same entertained by BIFR and case registered and BIFR directed not to alineate property to any one without consent of BIRF.
what I need to do?
a) to file appeal or b) take out notice of motion, or c) what type of application.
Kindly respond to the earliest.
Aneeshkumar P R
01 July 2010 at 22:10
Please help me out
I have bought a healthoption package from one merchant on 2008 in Bangalore and paid Rs 1999. They have provided me some basic health check up voucher and complimantary tourpackge and I havent used yet.After one year they have called for renewal through credit card. And renewed I have renewed and they charged again Rs 1999.
After that the real problem started,once the customer people called me and asked to get your holiday packge and I asked them is it free, they told this package is absolutly free, after that they swipped my credit card many times, I have called their customer care and complained regarding this , but each time they have told me they cant cancel the amout.They deducted around 30,000 from my card. They given some false details and get all charge sheet sign from me. I have complained again their customer care. And one therir customer care manager assured me she will delete my credit card details from their accout, and they wont use my card again. But after one month they swipped 19,999 rupees from my card again. I called citi bank customer care but they said this amout is already swipped so they cant do any thing. Again I have called and complained the merchant's customer care.They told the amout is swipped so they told they will provide the 6 master health checkup voucher and 2 more holiday package.And if I provide the signature in charge sheet they will give a closed letter. I have signed again and they provided me a closer letter with the benefits and also the letter saying there wont be any further transaction in my card.
But Recently I have got an sms , they have again swipped my card with Rs 47,999 even I didnot get any call from them. I have called citibank they told card is already swipped so you call merchant. I have called again and they said one manager will come and see talk to me. And he came and told me, you are gold member of our company , that cost around 1.7 lac. I told I have already got a closer letter. But he told me he is the divisional manager and that closer letter is not valid and if you give an application for block the cared he will block that. Then he thretened me for singing in chare sheet he said other wise he will go legally and I will loose all amount (1.7 Lac). And I have given the sign.
I am really worried about this, could any one please help me to solve this issue. If any chance to file a case against them.Atleast for stopping further transaction.
Please help me.
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Administrative Property Issue
I am trying to regularize my land around 1200 square yards as per AP Govt GO MS 515, they have accepted the money in 2005 but have failed to regularize.
Therafter, I have filed a writ and the court has accepted my plea and asked the Collector to consider application and pass necessary orders. However, the Collector without any powers has rejected my application saying GO has been super-ceded by the present GO MS No 166.
I have filed a writ again in the High Court and the Judge has set aside the orders of the Collector and has passed fresh orders to consider my case by the Revenue Secretary. Rev. Sec has rejected my case saying that the land has been alloted to another corporation in the year 1982 but has been cancelled in 1985 and finally allotted in the year 1991. The govt in all their reports admitted that I am in possession before 1990 according to MRO, RDO reports.The property does not serve any public purpose or approach to the land.
Now my query is with regards to Rev Secretary who has rejected on the basis of the earlier misrepresented report of 1982 allotment made by Govt to the corporation. The Collector has not considering that land was actually allotted in 1991. I am fighting this case since 2003 but in all reports they have never disclosed the allotment to corporation. Even though they have accepted monies and given receipt in 2005. Please guide me how to go about this case with any relevant citations. Can they reject now even after accepting the money paid ? Contempt case is pending. Can I be dispossessed ?