dr subodh kumar
06 December 2009 at 17:37
Thanks to all respected lawyers for the replies to my previous queries.I have futher queries-
1.In what case or situations will the judge slap fine of amount equal to the cheque amount along with imprisonment of the defaulter?
2.Will it be necessary to prove the amount paid(particularly if the amount is high) to the defaulter or the bounced chq is in itself a hard proof against the defaulter?
3.Usually what will be the final verdict/result in chq bounce cases and maxim how much the defaulter will be ordered by court to refund to the complainaint.Will i finally get back the interests,fine and expenses along the principal amount or cheque amount.
4.Usually how much time is needed for the final verdict to come?
5.If the defaulter refunds me after court order then too he will be imprisoned or he will be released in this case?
Thanks
Reshma K
06 December 2009 at 16:08
Hi, One of my relation is who was working in a company is accused of favouring a particular vendor and bribery. The company had called him for some questioning and he had attended. He is claiming innocence and has refused to go again to the company for further questioning. He is anxious if they will lodge a police complaint.
I want to knwo the procedure. Will the company have to file a case first or do they approach the police? how does this happen... can you pls guide with details.
barun deka
06 December 2009 at 15:41
plaintiffs are claiming a portion of the defendant's land to be a path and that the latter has recently raised a wall to obstruct the path. however the defendants plead that there is no path and the wall has been there since long. now can the court pass an order of interlocutory mandatory injunction to break the wall when the title suit is still pending?
Anonymous
06 December 2009 at 14:49
I am holding Agreement of sale on Rs.100/- stamp paper, to buy a House Property consisting of ground + First floor, delivery of possession not given.(1st March. 2003)
I am having receipts for the payments made on different dates and no objection letter from the vendor's children, for selling the property to me. Further i have cheques of the vendor in favour of Municipal corporation and electricity department, leaving the amount and date blank duly signed by the vendor and his wife respectively. I am also holding a letter issued by the vendor dated 6th march, 2004 for part performance of the agreement for delivery of possession.
Also holding another document called Declaration executed on 17th April, 2005,on Rs.100/- stamp paper, wherein vendor stated that he was in receipt of payments as per receipts and agreed that he has delivered possession of the ground floor.
This vendor avoided registration, hence filed specific performance case.
When avoided registration, I have issued legal notice to the vendor to register the property in my favour and also deliver the first floor portion and link documents. Since he refused to receive the legal notice, i have filed this specific performance case.
During trails, all the documents are marked except, Agreement of Sale dated 1st March, 2003 and Declaration dated 17th April, 2005.
To mark these documents, Hon'ble Judge is asking to pay stamp duty as required for registration, with penalty to mark this two said documents.
According to us we have to pay stamp duty for registration at the time we get decree and get the property registered through the court and it is not necessary to pay stamp duty at this stage to mark these documents.
We want some case laws to defend our stand.
Do you have any case laws to favour our contention? Is our stand is correct???
Please give your opinion and information at the earliest - a bit urgent. Please...
satish
06 December 2009 at 14:27
My client mother acquired property from her father who has dead. My client mother is going to sale the property. My client is residing in that property since 25 years. Whether my client can claim the property by the way of adverse possession or any other way ?
satish
06 December 2009 at 14:25
My client mother acquired property from her father who has dead. My client mother is going to sale the property. My client is residing in that property since 25 years. Whether my client can claim the property by the way of adverse possession or any other way ?
K.V.Rao
06 December 2009 at 14:22
Respect Sir,
We have a flat in hyderabad which we for rent. We are staying in Chennai. But the tenant in that house has suddenly disappeared leaving all his belongings in our house. We dont't have any rental agreement too. After occupy the house the person stayed only for 10-15 days with his family. We came to know from some our neighbour that he had loss in his business, so he along with his family suddenly disappeared. Now we waited for 3 months. But we didn't get any information from him. His contact no. is also not reachable. We want to vacate the house and take it into our handover. As we are shifting to Hyderabad in June. Please Somebody help us in this regard.
Thanking you
suresh jakhotiya
06 December 2009 at 13:47
Dear Sirs
If the member dies then the EPF/PPF is not attachable from its nominee sec 10(2) of act.Then why should it be attachable if the member is alive & withdraws the EPF/PPF and is able to prove that this is from that a/c on his retirement after 60 years of age.
Pl. enlighten
Regards
Anonymous
06 December 2009 at 13:26
Sir, We two brothers are holding WILL from our mother(now no more) and getting grant of probate from the court. We have applied for legal heir certificate too. After death of testator Oct 08( My mother) 60% pension arrears of 6th pay commission are heldup with Pension disbursement authority ammouting to approx sixty thousand. Pension authority told us to get succession certificate too. We have one married sister and we are willing to share the amount so received(say not dispure). Are the first two documents not sufficient to support claim. Thanks
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Facilitators Commission on Legal Gold Commodity Deal
Respected Sirs / Madame,
What are the rules and regulations that are applicable to us when I am receiving commission for facilitating trade deal between seller and buyer for gold commodity happening outside india?
What are the formalities that I need to follow in order to bring in the commission obtained outside india into india?
As the commission given to me is already tax paid as per that country law. What kind of tax is applicable to me when I bring it into india and how best I can reduce the burden of double taxation?
This commission has to be shared with my group here in India and how should I disburse to them and what laws are applicable for doing it?
What kind of Agreement (Tripartite) should I enter into in order to smoothen the process of sharing of commission?