anshul sangal
05 May 2010 at 12:48
In civil suit when List of witness given before the court by parties?
ashish agarwal
05 May 2010 at 12:25
Respected Sir,
i run an advertising agency. last year from april to november i released almost 19-20 advertisements of my client (pvt ltd company) in various newspapers. against which i took 95 days credit cheques against each advertisements.Client continuously asked me in written and verbally not to deposit the cheques and gave me excuses that they have not got required response from the ads and they are short of money now etc. As a client we gave them some time but one day they emailed us and said to deposit the cheques for some amount out of the total amount on after 20 days and also said that if possibble they might clear some more amount against the due cheques but the thing was that they additionally said that if they will not be able to fulfill their commitment then they will pay us 18 percent intrest. initially i agreed and confirmed them to do that. but on the very nexy day they verbally said to us they their email is no commitment and it is just sent to us for our satisfaction then i immediately emailed them confirming that i have lot of pressure from newspapers to whom i have to make the payment and i can not stop your cheques and additionally wrote that as per our discussion i am going to deposit the cheques so make sure that there is enough balance in your account. Here one point is very important that as asked by the client, i deposited some of the cheques on the date on which client wanted us to deposit but unfoetunately apart from one cheques, all the cheques were bounced due to insufficient of funds. after the bouncing of cheques worth rs. 1.60 crores i gave my client a notices for which they did not care to answer then the we filed 7 cases of cheques bouncing under 138 n.i act in hon'ble court. Time passed by and court issued 2 summons 1 bw and 1 nbw to M.D of the company who's signature was there on the cheques. On the next day of the date of NBW client silently appered in the court but fortunately we got the information and we also appered in the court. Well now client has got the bail but in their bail application they have said that the client issued the cheques as security but we deposited the cheques and filed the case against them so 138 n.i act can not be forced against them. Next date of case is 18 th april,10. Sir we and client both know what the facts are but client is trying to twist the case. we have got work orders of the client/ emails of the client requesting us to delay the cheques and giving us excuses and no where term Security cheques has come but only term PDC is used by us and they have accordingly answered us.
My question is what should be my strategy now in this case as client is trying to be smart with us and trying to proove the bounced cheques as security cheques and furthe delay the proceedings and get out of the 138 n.i act? What should be my prepration/ points on the next date..also let me know what are security cheques and why they are trying to proove the pdc's as security cheques?
Sir, to proove my claim i have got correspondence between me and the client through emails where time to time client is requesting me to hold the cheques or telling me when to present the cheques. otherwise also in my emails i have always used the term pdc (post dated cheques) and accordingly client has replied.
apart from it client also wrote a signed letter to me which he sent through attachment of email in which he gave me details of the cheques with their respective dates and amount and gave me fresh deposition dates...moreover they issued me pdc's against each ad and for the exact cost of the ad (example : ch.3838383 dt 12.12.12 for rs. 123456.00) in many of their work orders also they have wrote a language '' payment of this advertisment is being done by chno. 112222 dt.12.12.12 for 123456.00 (cheque date used to be of after 95 days like their other cheques).
SO WHAT TO SAY EXPERTS....?
Anonymous
05 May 2010 at 12:24
What is the time limit for sending Notice Notice u/s 138 of Negotiable Instruments Act, 1881? From which date the said time limit starts?
Anonymous
05 May 2010 at 12:23
My Question Is under BOCW Act 1% deduction of project cost or labour cost
anshul sangal
05 May 2010 at 11:16
What are the different stages in civil suit from filling plaint till judgement?
Anonymous
05 May 2010 at 10:55
I was convicted by judicial magistrate in 498a but divorce was granted in my favour on cruelty and desertion by district judge.Allegation of dowry etc. found to be false by district court.She filed appeal in HC that has been admitted.
1. Are the findings of civil court binding on criminal and I should be acquitted by Sessions court in appeal in 498a? Any judgment in this regard.
2 Has the divorce order automatically been stayed?
nandkishore mishra
05 May 2010 at 10:55
vat return due date had gone so what type of penalty will have to imposed for delay return
Heaven 2011
05 May 2010 at 10:55
Respected all,
Since long there is a contradiction in my mind that though I am a qualified lawyer and a company secretary (in c.s final only 4 papers pending)yet i have not registered myself in any bar council. Rather i am not interested in practice. Since last 4 years I have been working in reputed listed company as Asst. Manager - Corporate Affairs and my area of work is mainly corporate law (Companies Act, SEBI, Property Act etc) Beside this i have also the experience of drafting various agreement like Joint Venture agreement, Lease, property management agreement, construction agreement, Scheme of merger etc and liasioning with the solicitors, financial institutions, auditors etc. I am very much interested in legal work and have zero interest in finance work. Now as i have confessed that though i am a qualified legal professional yet dont have any court experience. In a word i mainly perform as in house legal advisor. If i continue this way would it hamper my growth. Is my experience and nature of job as a legal executive o.k? If i go for any changes then may the new company(s) refuse on the ground that i dont have any court experience. I have tried to get a positive answer from my seniors. At present I am sharp 30 yrs. I consider you all to be most experienced person in this field and will definitely be able to guide me.
Kindly reply.
Best regards,
Asish,Kolkata
9836772555
AMITS
05 May 2010 at 10:43
I have a question? i have power of attorney given by my elder sister to register release deed to relinquish her share in favour of our brothers, as she is ill .i have already released my rights over the property, can i do it for my sister (she is my real sister ) am i entitled to execute release deed or her children (all adults ) will be considered as close blood relatives and not me who is her real sister. all her children are greedy and pressureise her all the time to claim her share but she does not want it.also, it is not possible to get the registration done at her house as her children do not allow us to meet her, she is in a house arrest kind of situation, they pressurise her so much emotionaaly and psychologcaly that she is afraid of speaking a word against them, thus complaining to police does not seems a good idea,how can we registered release deed in some other way,kindly suggest ,the most practical ways, we have very good relations with our brother.
also, what are the relavent legal provisions or case laws or judgements under which it can be done, i am obviously,in my sisters favour!
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mental harassment at work place
I am a Central Government employee, working in a State-PWD Division, for the affaire of the State. My post is a Central Post, in the State-PWD Division, and my whole career in future will be in the State PWD Divisions. My salaries, allowances & other perks are drawn from the Consolidated Fund of the State. My posting is transferable, every three years. The head of office of the State-PWD Division, namely Executive-Engineer, is my Controlling-Officer, who writes my ACR, and is also my DDO (Drawing cum Disbursing Officer) w.r.t. my Pay,allowances & other perks.
The office of Accountant General, Haryana,is my parent office, and the Sr. DAG(Works) of that office is my appointing and administrative authority.
Now my problem:
I joined the current Division-office on 14-7-2008, and took charge of the Accounts Branch of that office. My office consisits of three branches, namely 'C' branch headed by a Deputy Superintendent, Accounts Branch headed by a Divisioanl Accounts Officer, and Drawing Branch headed by a Head Draftsman. Since the day of my joining,and till date, no Deputy Superintendent has been posted in our office, except once from Nov. 2008 to 30-4-2009 during which period the Deputy Supdtt. (DS, in short) remained on leave priro to retirement on 30-4-2009.
On the pretext of non-availability of a DS, and being a seniormost officer in the Division (as given in books), I have been asked to oversee the works of 'C' branch also, particularly Court-cases, Disciplinary-cases, etc. I have given in writing to my office-head, that such works relate to DS and not to me, but in vain.
Since there is staff-shortage in my branch, and Division also, I am already overloaded with the works of my branch, as ver often i have to do initial-works, usually done by subordinates. The additional work of other branches, has further increased my work, and very often i am neither able to give proper attention to those works, nor could dispose them off in time.
Also, i am being asked to go on tours to Head-office and to Circle-office in connection with the works of the other branch ('C' branch). Such tours are avoidable, but have to be undertaken due to the practice of requiring a "well conversant officer/official" to personally pursue matters in the Head-office/Circle-office, instead of disposing-of the matter on the basis of information made available to them. If any information is further required, they could ask for it in writing. But, in the name of urgency or otherwise, a "well conversant officer/official" is directed to attend Head-office/Circle-office to personally pursue matters. Since last Nov., i have been on such tours very often, and in Feb. and March this year, I had been away from home for nearly a month due to such tours. This is causing financial hardships to me and my family. Also, i'm unable to devote much time to my family and my child.
In view of above, kindly advise me what to do, and whether, any complaint of harassment would be justifiable in the eyes of law? Will the law be able to support me and provide solace from the grievance?