&In case when a Cheque is given by say A to B for rs.5000.00.Later on B dies.After death of B his parents C,D file a case of cheque bouncing stating to be the LR's of B also Holder in due course of the cheque as per the language in S.8,9,118(g)of Neg.Ins.Act.
Qs- Whether such compliant is tenable or not?Kindly give citation if any.
prakash
03 February 2010 at 14:00
R/sir,
Please provide me the court cases where a court aquitted the retired partner or a retired member of a.o.p. from his past liabilties of that firm,as the remaining member or partners took all his liabilities of tat firm.
thanks.
i am having license to run finance company it is obtained from RBI,
is it necessary for me to obtain license/permission from the municipality also in addition to the RBI license?
which provision/section says it is necessary?
plz enlighten me.
SUBHASH SHARMA
03 February 2010 at 13:39
I HAVE A COMMERCIAL SHOP AT CHARKHI DADRI, HARYANA FOR TRADING OF SPARE PARTS OF MACHINES.
IS IT MENDATORY TO TAKE A TRADE LICENSE.
THANKS/REGARDS
SUBHASH SHARMA
Anonymous
03 February 2010 at 13:22
I had taken a home loan from a private bank in 2006 to purchase a flat jointly with my spouse and repaid the same by Oct 2009 (not foreclosure) due to high interest rates. I waited patiently for 3 months for the bank to return my original documents along with the original sale deed. To my disappointment, the bank issued a letter to me saying the they had lost/misplaced the original sale deed and are in the process of recreating it. I learn that that they had already lodged a FIR, placed advertisements in local media as a part of the process after which they would issue all these documents along with the true copy of certified sale deed. In this regard I have the following queries :
1. Is this "certified true copy of sale deed" is as good as the original deed along with the above documents?
2. Would I face any problem disposing my property in future?
3. Can my original deed be misutilised by any third party? if yes, in what way?
4. With reference to above, what legal remedy do I have against the bank? Can I ask them to issue me an Indemnity bond against financial losses and/or harassment to me in future on account of the lost deed?
5. What other remedies do I have to secure my property?
Praveen Kanungo
03 February 2010 at 13:06
A Company has taken over all the assets and liabilities of a proprietorship concern on going concern basis in consideration for its shares. What is the procedure to transfer the title to the property in favour of the Company? Whether any stamp duty liability is attracted in the process?
Anonymous
03 February 2010 at 12:59
sir,
My sister and her family is in America.They are having a male child.I am residing in India.Now for educating my child at America my sister wishes to adopte my son. what are the legal formalities for this adoption.Please give an early reply.
Regards
Anonymous
03 February 2010 at 12:42
whether a Hindu married person can marry a hindu widow without giving divorce to his first wife ? Is it possible if consent is taken from first wife
Kavit
03 February 2010 at 12:26
Dear Sir/Madam,
We have one room in my mother’s name in Paghadi System Chawl.
We have purchased this room in 1999 from another person with the permission of landlord.
Rent of this room is Rs. 25/- p.m. We have paid all the rent till November, 2009.
After that he is not accepting rent from us. He is demanding rent of Rs. 2500/- p.m. from us.
Till November, 2008 we were leaving in that room. After that we have shifted to another room which is on leave & license agreement for personal reason.
My father is always stock some amount of goods in that room. The goods are of cutlery in nature.
This goods are not even dangerous. This is even not affecting anyone who are leaving nearby that room.
No one has any objection who is leaving in that chawl.
The goods are also in small size. The room is also of 100sq. ft. (approx.).
He is warning us that give him rent or he will going to stop us to do any thing in that room.
We have also tried to file a complaint against him in Police Station.
But they are saying that they can not write any complaint against him.
They are saying that we go to advocate and do some legal proceedings.
But at this time we do not have enough money to appoint advocate.
We have tried to convince the land lord till level best.
So please advice me what should I do?
Thanks in advance.
Dishonour of cheque U/s 138
One of my close friend sister's is working in district courts as clerk at Haryana. Her husband got signed two blank cheques from her by saying that he need them to withdraw the money from her account. Now, there is dispute between the two i.e. husband and wife. Wife does not want to divorce the husband. So, in order to get the divorce, husband gave the cheques signed by her wife to his brother who is an advocate. Advocate filled the cheques for 10 lakh each & got it dishourned. Now, he has filed the case against wife either to pay the money or give the divorce to his brother.
What Advocate has alleged in his petition that wife has taken the loan in cash to give his brother the money so that her brother can purchase a property but actually he did not purchase any property during the last five years. Further, he alleged that how can a court person(wife) can issue a cheque without consideration. Advocate has shown source of Rs. 20 lakh as loan taken from his relatives. Relative is also deposing in court that he has given the loan to advocate for onward disbursal to wife's brother.
Plz. suggest how we can prove the innocence of wife or should we go for the settlement by way of mutually accepting the divorce?