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Kapil Kumar   21 September 2009 at 16:44

Security Cheque U/S 138

I had taken a Personal Loan but doe to some unnatural conditions, failed to give EMIs... Banks has filed a case under section 138, they have presented a security cheque into the bank and it was bounced due to insufficient funds...though I have written clearly on the back side of the instrument that it is only for security purpose and not to be presented for payment...somebody told me that there is a Supreme Court ruling that Security cheques cannot be presented for payment and hence does not come under sec 138. Kindly advice as I have a hearing soon.What all remedies I have in this regards as bank is not coming for settlement either.. and I dnt have money to settle as of now..atleast not for next 6 months.Please guide and help me sir as I am jobless at the momentriven

Mukul Aggarwal   21 September 2009 at 16:11

Agreement enforcebility

in case a party to an agreement files a recovery suit.

what would it effect to the agreement?

whether the same is even than enforceable under law?

What will be status of agreement if party withdraw the recovery suit on its own?riven

Rajesh B   21 September 2009 at 16:10

Forgery in Special Power Of Attorney

I have obtained the certified true copy of registration of property document which shows that my signature was forged by my relative to grant himself Power Of Attorney and in the Notarized affidavit for the same set of documents which were used to register a property , some person's photograph & thumb impression were used.
What legal recourse do I have ? The property is in Mumbai & I stay in Pune.Please advise.riven

Mukul Aggarwal   21 September 2009 at 16:08

138 Negotiable Instrument Act.

A cheque has been bounced due to incomplete signature as the same has been signed by one partner only.

whether in this case partnership firm is liable to be charged u/s. 138 NI Act.riven

Mukul Aggarwal   21 September 2009 at 16:05

Disqualification of Director

Can a convicted person u/s. 138 N I Act or otherwise continue to be director of the company?

Can a convicted person be MD of a company after completion of his sentence?riven

seema seth   21 September 2009 at 16:04

WILL

IN A REGISTERED WILL THE FOLLOWING FACTS ARE OBSERVED:

1.TESTATOR HAS SAID THAT HE HAS SIGNED THE WILL ON THE LEFT HAND MARGIN OF THE WILL ON FIVE PAGES OF WILL WHEREAS THE SIGNATURES ARE AT THE BOTTOM AND NOT ON THE LEFT HAND MARGIN. IS THE WILL VAILD?

2.THE FIRST ATTESTING WITNESS OF THE ABOVE WILL FILES AFFIDAVIT SAYING THE TESTATOR AND BOTH THE ATTESTING WITNESS SIGNED BEFORE THE SUB REGISTRAR. WHEREAS THE SECOND ATTESTING WITNESS A LAWYER SAYS THE TESTATOR SIGNED THE WILL WITH OTHER WITNESS IN HIS CHAMBER. WHAT IS THE STATUS OF THE WILL AND WITNESSES?riven

umair   21 September 2009 at 15:30

capital gain tax

my family owns some land and to save tax they decided to make a pvt ltd company and buy the land and issue shares to the family members accordingly ,now we want to divide the land ,we do not want to sell it ,every member needs posession of the land we bought it for 150 rupee /sqft and now its 750 rupee /sqft . now my question is how can we divide it so tat i can get the posession of land

Thank youriven

ravi   21 September 2009 at 15:20

Agreement of flat

Hi,

I booked the flat which is under construction and at current state it is upto the foundation level. Now builder saying that we can make Agreement of flat but approval documents for building from Corporation yet to pendig or in under process to the corporation. So is it required the project plan approval from corporation before Agrrement of flat or can I make an agreement.
So suggest me whether I wait till approval or I can make an Agreement with builder.
Thanks.
Ravi
pune
riven

AKHIL   21 September 2009 at 13:34

marraige registration

is agreement for marraige possible? is it differ from marraige registration ? if i wish to marry girl of my choice but my parents are not agree for that due to caste difference . i need time to convince my parents but girl's parents want her to marry in this year. in this case, if i go for agreement for marraige , then is this agreement helpful to protect us from marrying any other person. we are not in a position to go for court marraige. plz help me ...riven

M.S.Chandra Shekar   21 September 2009 at 13:30

340 CrPC proceeding in Civil Suit

In a Civil Suit in a trial court, a Registration Department gave a false evidence/deposition on a exhibit which is contrary to the deposition. The suit was decreed in favour of Plaintiff.

Later they were trapped by Writ challenging the exhibit in High court, they failed to contest it. The Order of the High Court was given in my favour

Both the proceedings consumed 20 years period due to various reasons

Now I have moved 340 Cr Pc Petition in the trial court where the original civil suit was fied, on the grounds that the oral evidence / deposition.

Though there is prima facie evidence of purgery against the Registration Department, the civil court is not interested in initiating any criminal proceedings against the Registration Department due to the time lapse.

In such Circumstances can I file an appeal /get other legal remedy by approaching the High Court. This is purely to punish the District Registrar who gave false evidence.

Please help.riven