Anitha Serrao
23 November 2009 at 12:44
Hi,
This is Anitha a CA as well as a law student.
My query is that,
We have a firm which has been registered. Now the firm was reconsituted in the year 1997 and the reconsituted deed was to be prepared on a Rs. 200 stamp paper while we had done it on a Rs. 100 stamp paper. the Registrar of Firms (ROF) people are askin us for gettin some adjudication done. Please let me know what actually should be done and f adjudication is to be done what is the actual procedure?
Please let me know
santhosh
23 November 2009 at 12:18
Is the mainanance granted in the domestic violance act is valid if the wife was divorcd on the ground of adultary?. Is the section 125 Cr.P.C is applicable to be read with domestic violance act in the above ?
g.santhosh, advocate
Amit Oza
23 November 2009 at 12:10
there are problems going between me and my wife, she has registered an N.C for dowery of Rs 50.
now the problem is, on 20.11.09 i went out for some work and i told her to saty at her parents house so there will be no trouble at home.on 22.11.09 there was afunction at my brother house and he dint invite her. wehn she came to knw abt this she is threating me that she wil put me in trouble
she always threant me of the mahila trakrar office , and i think the office is bias .
Member (Account Deleted)
23 November 2009 at 11:49
Hi,
I am resident of andhra pradesh. My wife's mother expired 2 months back.
My aunty has one house at AP. The stamp papers says:
1) XX D/o AA( father of my aunty)
2) YY D/o BB(my uncle).
We are doubt whether this is Joint property or not. Apart from that, my uncle argueing that he will get half from the house.
Can you please clarify?
Many Thanks
satish
23 November 2009 at 11:45
DEAR SIR
I HAVE SENT A NOTICE FOR RETURNED CHEQUE u/s 138 TO A PARTY IN KERALA .WHICH HAS BEEN SENT THROUGH REGISTERED POST AS WELL AS THROUGH UPC . HE HAS THREE SHOPS IN KERALA NAMED AS
1 MAMAS
2 VAVA TEXTILES
3 MAHARAJA TEXTILES
THE BILL WAS IN THE NAME OF MAMAS AND ALSO THE CHEQUE WAS ISSUED BY MAMAS TO ME .BUT AFTER THE CHEQUE WAS RETURNED THE NOTICE WAS SENT TO MAHARAJA TEXTILES (BY REGD POST) AND TO VAVA TEXTILES (BY UPC) .THE NOTICE SEND BY REGD POST WAS RETURNED TO ME WITH REASON REFUSED BY PARTY ,I DONT KNOW WHETHER WHAT RELATION THE PARTY IS HAVING WITH OTHER TWO SHOPS TO WHICH I HAVE SEND NOTICE .BUT I AM VERY MUCH CONFUSED AS I HAVE NOT SENT ANYTHING TO THE PARTY WHO HAS ISSUED THE CHEQUE TO ME .SO PLEASE LET ME KNOW WHAT WILL HAPPEN IF THE PARTY DENIES THAT HE HAS NOT RECEIVED ANY NOTICE AND THAT IF HE HAS NO RELATION WITH OTHER TWO SHOPS .ALSO I WANT TO FILE A CASE AGAINST HIM .CAN I ALSO SEND A XEROX OF NOTICE BY REGD POST TO HIM .AND WILL THE NOTICE WHICH I HAVE SENT EARLIER WILL BE OF NO VALUE IF HE HAS NO CONNECTION WITH OTHER 2 SHOPS .
Anonymous
23 November 2009 at 11:27
Sir
I have purchased an Agriculture land of Four Acres in the year 2003. I am not an agriculturist. I obtained permission from the Assistant Commissioner, as my income was below Rs Two Lakhs per annum and my income was only from agriculture source from a leased land. The permission was granted to buy a specified land on condition:
1. I will use it for agriculture purpose - for self cultivation - not leave it idle - otherwise the government will acquire
2. permission is granted only to buy the specified land and cannot buy any other land with this permission
3. Will not request for the conversion of the land
For the past Six years I have been cultivating on this land. Now I fell ill and I am not able to continue cultivation and the land is left idle.
I have Two children both are now employed in IT industry. Wife - House wife. I wanted to sell this land
MY QUESTIONS:
1. For how long these conditions apply - as nothing is specified in the permission - As I am ill how long the land can be kept idle
2. What will happen if I die before selling the land. If my family inherits what will be the status
3. If I bequeath to any other relative - A NON AGRICULTURIST by a WILL what will be the status
Kindly give me suitable advice and suggestion
Thanks and Regards
A A Dass
Anonymous
23 November 2009 at 11:26
Sir
I have purchased an Agriculture land of Four Acres in the year 2003. I am not an agriculturist. I obtained permission from the Assistant Commissioner, as my income was below Rs Two Lakhs per annum and my income was only from agriculture source from a leased land. The permission was granted to buy a specified land on condition:
1. I will use it for agriculture purpose - for self cultivation - not leave it idle - otherwise the government will acquire
2. permission is granted only to buy the specified land and cannot buy any other land with this permission
3. Will not request for the conversion of the land
For the past Six years I have been cultivating on this land. Now I fell ill and I am not able to continue cultivation and the land is left idle.
I have Two children both are now employed in IT industry. Wife - House wife. I wanted to sell this land
MY QUESTIONS:
1. For how long these conditions apply - as nothing is specified in the permission - As I am ill how long the land can be kept idle
2. What will happen if I die before selling the land. If my family inherits what will be the status
3. If I bequeath to any other relative - A NON AGRICULTURIST by a WILL what will be the status
Kindly give me suitable advice and suggestion
Thanks and Regards
A A Dass
Anonymous
23 November 2009 at 11:25
I have sent my problem already & thanks for sending your esteem advise to me.
BUT now I have become little bit confused
as I wrote that I have sent notice to party regarding dishonour of cheque.
Actually, I wrote a letter to him with a heading `GRIEVANCE` & described about dishonour of cheque. I have not given any warning that I will take action against you u/s 138 of INA. I requested him in that letter that you pay immidiately & do`nt give me any trouble further.
the contents sent to him is as below
It is regret to inform you that inspite of our regular touch with you
& giving respect to your wordings we deposited cheque late by 16 days on
07/11/2009 only after confirming from you. Today I got know from bank that the
cheque has been returned back by your banker mentioning insufficient funds
into your account. We can say here that the given cheque has been bounced
& not cleared by ICICI bank Ashok Vihar branch Delhi-52. Your this type of
wrong commitment & behaviour gave us extremely pain, mentally as well as
physically. Now, I am feeling that you are misleading me by false presentation
for refunding our hard earned money.
I now request you to refund our money by pay order or demand draftimmidiately so as to we get relief without feeling any inconvenience further.
We are waiting for your reply in this matter. Please reply at your
earliest.
MY QUERY IS WHETHER THE ABOVE LANGUAGE/MATTER WRITTEN TO HIM WILL SERVE AS `NOTICE` OR A SIMPLE INFORMATION.
I SENT THE LETTER BY REGISTERED POST.
I am asking this because I have sufficient date to present the cheque again in the bank & party is also saying that he will pay the amount on 30/11/2009.
I have not sent any legal notice through lawyer describing section of crimnal action etc.
Please guide me.
Deepak Kumar
23 November 2009 at 11:22
Hi, What is the difference between Lawyer and Advocate or both words have the same meaning?
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
False 138
138 dishonored of forged rubber stamp cheque Which was stolen and kept by expartner of a company bears single signature
*****Mr x was a partner in co at the time of his retirement dispute arised and they settle the matter with the panch (Freinds). panch made the settlement on plain paper with all signatory to settle the amount for Rs 5000000 to be paid to mr x for retirement in 3months period
After some 45 days accordingly in front of the panch and their legal advocate the dispute was settle and transaction was settle mr x sign the deed of retirement on stamp paper made by their legal advocate in which it was clearly mentioned that full and final settlement and nothing is due to mr x at the time of his retirement and the last amount of settlement rs 300000/- given in cheque to mr x for which he provided the receipt and 2more partner enter the company accused no 3 and 4
*** 1)Mr X had 10yrs old Blank cheque of accused no1 with single signature of accused no2 his brother which he had stolen when he was a partner of accused no1
*** 2)accused no1 co since its incorporation had signature of any two partners in bank for transaction
Mr. X used this old blank and stolen cheque of company bearing single signature of accused no2 filled the cheque for rs 3500000 and put the duplicate rubber stamp of accused no1 and deposited in the bank to made a false 138 case
As soon as cheque bounced before the action of complainant the accused no 3 file a complaint (case no 1) in the court for forgery of cheque under sec 156(3) against Mr x which put a duplicate rubber stamp of co and was a 10yrs old stolen blank cheque bearing single signature of accused no 2, certified by the bankers of accused no 1 that it was a 10 yrs old cheque. Order was passed against mr x and was arrested he tried to get the bail in session but was rejected on the ground since he was the ex partner of the company he was knowing the company bank transaction norms than why did he accept the single signature sign than Mr x went for quashing the matter in high court but was rejected but got the bail from high court
*****case no2: for the same cheque
138 filed for cheque bouncing case by complainant mr x for Rs 3500000/-against the four accused given below:
He had his banker’s cheque bounce receipt which mentioned
1) Payment stopped by the drawer
2) Drawers signature incomplete/requires
Accused no1: Is the company
Accused no2: partner of accused no1
and brother of complainant mr x
(also ex partner of the
accused no1)
Accused no3: partner of accused no1 and son
Of accused no2
Accused no4: partner of accused no1 and
Son of accused no2
Present status of the matter :
****case no 1: mr x expired and the forgery case is also finish since the accused is no more
****case no 2: original complainant mr x expired and the case is run by substitute mr y his son
Cheque is with the I.O
and application had been filed by Mr y to start the case with secondary evidence Xerox of the cheque since I.O. is not sending the cheque to the 138court inspite of several reminder of the court. His application had been rejected and a fresh notice is issued to concerned police station to send the cheque to the 138 court
Some advocates in lawyersclunindia had given answer that:
N.I.ACT SECTION 138 DOES NOT ATTRACT HENCE NO CASE MADE OUT
Than how come my case is still pending in 138 court
Cani I apply for discharge of the matter or go for quashing if yes on which ground or judgment please advice