Mohsin
15 August 2017 at 13:34
A person has file a check bounce case u/c 138 NI. The person have a general merchant shop when i was living in delhi i was taking ration item on credit from 4 to 5 years.
2.For some 2-3 months i was suffered some financial crisis his amount was pending appx. 20000 to make his money secure.
3. I have given the blank cheque for security. After that i had paid all his money after paying his all money i asked him to return my blank cheque but he said i forget the cheque at my home you dont worry i will destroy it.
4.After a year he put a cheque at bank by filling Rs.120000 and date by his own. All things has settled up now he is using this for his personal benefits.
Note:- He does not have any proof of any debt or liability on me. And neither me has any proof of said cheque given to him as a security.
What can i do in this case?
Rohan
15 August 2017 at 13:12
No. 36012/11/2016-EStt(Res)
Government of India
Ministry of Personnel. Public Grievances and pension
Department of Personnel and Training
North Block. New Delhi 110001
Dated the 30th September 2016
OFFICE MEMORANDUM
Subject: contempt petition (C) NO-314/2016 in SLP (C) N,o.4831/2012-Samta Andolan Samiti through its President vs. Sanjay Kothari & Ors.
Reference: 1. SLP(C) No. 30621/2011
2. SLP(C) NO. 31735/2011
3. SLP(C) NO, 35000/2011
4. SLP(C) No. 2839/2012
5. SLP(C) NO.483112012
6. SLP (C) NO.5859/2012
7, SLP(C) No. 5860/2012
8. SLP(C) No.30841/2012
9. SLP(C) N06915/2014
10. SLP(C) No. 8327/2014
11. SLP(C) No 16710-16711/2014
12. SLP (C) NO 23344/2014
13. SLP(C) No-23339-23340/2014
14. SLP(C) No. 21343/2015
15. SLP(C) No.33163/2014
16. Contempt Petition (C) No.314/2016 in SLP (C) No.4831/2012
The undersigned is directed to invite attention to this Departments 0M. No. 36012/45/2005-Estt (Res) dated 10th August, 2010 (copy enclosed) on the subject reservation in promotion — treatment of SC/ST candidates promoted on their own merit
2. The OM No 36012/45/2005-EStt(Res), dated 10.8.2010 was challenged in the High Court of Punjab & Haryana in CWP No, 13218/2009 [Shri Lachhmi Narain Gupta & Ors Vs Jarnail Singh & Ors ] The Hon’ble High Court Punjab & Haryana vide its judgment dated 15.7.2011 quashed the O.M dated 10.8.2010,
3. Against the Order Of the Hon’ble Punjab and Haryana High Court dated 15.7.2011. an SLP was filed by Jarnail Singh & Ors. The Union of India through Department of Revenue also filed SLP No.6915/2014 in this case.
4. The Hon’ble Supreme Court vide order dated -03.02.2015 passed the following interim order In SLP No.30621/011 Jarnail Singh & Ors. Vs Lachmi Narain Gupta & Ors:-
“Let the matter be listed in the second week of March 2015 on a non- miscellaneous day. Status quo existing as on today in respect of the promotional matters that are covered by the impugned judgment shall be maintained till the next date of hearing.
3. Contempt Petitions were filed before the Hon’ble Supreme Court against Department of personnel and Training and Railways alleging that 5 notifications issued by the DOPT and 5 Notifications issued by the Railways were contrary to the status quo order dated 03.02.2015 of the Hon’ble Supreme Court and therefore notice of contempt was issued. The matter came up for hearing on 29-9-2016 before the Apex Court.
4. In order to preclude any interim order in the contempt case, as desired by the Honble Supreme Court. the Learned Solicitor General has undertaken that till such time the main matter along with the Contempt Petition is decided, no further promotions of reserved category persons to unreserved posts will be made based on the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010,
5.In the light of the above, till such time that the SLP (s) are decided by the Hon’ble Supreme Court, while considering promotion, the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010 are not to be relied upon.The main matter along with the contempt petition is likely to be taken up for hearing on 22.11.2016.
6. These instructions may be brought to the notice of all concerned for information and necessary action.
In this Connection i would like to ask you that My Organisation has filled up 25 vacancies in unreserved seats on own merit by selecting reserved category candidate. So here, institute by filling seats on such a way during the case period and or after aforementioned judgement date is violating/overruled the Judgement of Hon'ble Supreme Court or not? We are working on post of Clerk and hence belong to Group C equivalent to Central Govt. Services. And also want to know about the legal course of action ahead..?
Rajesh bommidi
15 August 2017 at 13:04
please provide the citations for the reopen of defense evidence and arguments in cheque bounce case, which is the posted to judgement
ChandanLawyersclub
15 August 2017 at 12:46
Dear Experts,
Many people have invested in Jaypee Infratech(Noida) , which is under Insolvency Resolution Process. Many people has paid 50%+ of Principle amount and incurred interest of capital
We need to claim in form B given below.
1. Should we add interest incurred in Principal amount e.g. ( 53 Lakhs + Intrest of capital)...
2. Should the claim to be certified by notary
3. Should it can be send without Notary/ Oath Commissioner signatures..
Thanks in advance...
SCHEDULE
FORM B
PROOF OF CLAIM BY OPERATIONAL CREDITORS EXCEPT WORKMEN AND EMPLOYEES
[Under Regulation 7 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process
for Corporate Persons) Regulations, 2016]
[Date]
To
The Interim Resolution Professional/ Resolution Professional
[Name of the Insolvency Resolution Professional/ Resolution Professional]
[Address as set out in public announcement]
From
[Name and address of the operational creditor]
Subject: Submission of proof of claim.
Madam/Sir,
[Name of the operational creditor], hereby submits this proof of claims in respect of the corporate
insolvency resolution process in the case of [name of corporate debtor]. The details for the same are
set out below:
PARTICULARS
1. NAME OF OPERATIONAL CREDITOR
2. IDENTIFICATION NUMBER OF OPERATIONAL
CREDITOR
(IF AN INCORPORATED BODY PROVIDE
IDENTIFICATION NUMBER AND PROOF OF
INCORPORATION. IF A PARTNERSHIP OR
INDIVIDUAL PROVIDE IDENTIFICATION
RECORDS* OF ALL THE PARTNERS OR THE
INDIVIDUAL)
3. ADDRESS AND EMAIL ADDRESS OF
OPERATIONAL CREDITOR FOR
CORRESPONDENCE
4. TOTAL AMOUNT OF CLAIM
(INCLUDING ANY INTEREST AS AT THE
INSOLVENCY COMMENCEMENT DATE)
5. DETAILS OF DOCUMENTS BY REFERENCE TO
WHICH THE DEBIT CAN BE SUBSTANTIATED.
6. DETAILS OF ANY DISPUTE AS WELL AS THE
RECORD OF PENDENCY OR ORDER OF SUIT
OR ARBITRATION PROCEEDINGS
7. DETAILS OF HOW AND WHEN DEBIT
INCURRED
8. DETAILS OF ANY MUTUAL CREDIT, MUTUAL
DEBIT OR OTHER MUTUAL DEALINGS
BETWEEN THE CORPPORATE DEBIT AND THE
CREDITOR WHICH MAY BE SET OFF AGAINST
THE CLAIM
9. DETAILS OF ANY RETENTION OF TITLE
ARRANGEMENTS IN RESPECT OF GOODS OR
PROPERTIES TO WHICH THE CLAIM REFERS
10. DETAILS OF THE BANK ACCOUNT TO WHICH
THE AMOUNT OF THE CLAIM OR ANY PART
THEREOF CAN BE TRANSFERED PURSUANT
TO A RESOLUTION PLAN
11. LIST OF DOCUMENTS ATTACHED TO THIS
PROOF OF CLAIM IN ORDER TO PROVE THE
EXISTENCE AND NON PAYMENT OF CLAIM
DUE TO THE OPERATIONAL CREDITOR
Signature of operational creditor or person authorised to act on his behalf
[Please enclose the authority if this is being submitted on behalf of an operational creditor]
Name in BLOCK LETTERS
Position with or in relation to creditor
Address of person signing
*PAN number, passport, AADHAR Card or identity card issued by the Election Commission of India
AFFIDAVIT
I, [name of deponent], currently residing at [insert address], do solemnly affirm and state as
follows:
1. [Name of corporate debtor], the corporate debtor was, at the insolvency commencement date,
being the _____day of ______20__, justly and truly indebted to me in the sum of Rs.[insert
amount of claim].
2. In respect of my claim of the said sum or any part thereof, I have relied on the documents
specified below:
[Please list the documents related on as evidence of claim]
3. The said documents are true, valid and genuine to the best of my knowledge, information and
belief.
4. In respect of the said sum or any part thereof, I have not nor has any person, by my order, to
my knowledge or belief, for my use, had or received any manner of satisfaction or security
whatsoever, save and except the following:
[Please state details of any mutual credit, mutual debts, or other mutual dealings between the
corporate debtor and the creditor which may be set-off against the claim.]
Solemnly, affirmed at [insert place] on ___________ day, the ________ day of _______ 20 _____
Before me,
Notary/ Oath Commissioner
Deponent’s signature
VERIFICATION
I, the Deponent hereinabove, do hereby verify and affirm that the contents of paragraph ___ to ___ of
this affidavit are true and correct to my knowledge and belief and no material facts have been
concealed therefrom.
Verified at ______ on this ____ day of _____ 201_
Deponent’s signature
mahmood mithani
15 August 2017 at 12:21
Ours is a registered co op housing society based in mumbai - having 73 members, the previous committee members hav misappropriated the society funds to the tune of Rs.8 lacs, the matter is pending with sub registrar & police complaint is also filed. My question is can the new committee member pass a resolution that NOC is not to be given to ex committee members till the amount is not recovered or matter is resolved by the sub registrar.The ex secretary of the last committee is absconding since last 4 years though his family is staying in our society, his family too ready to co operate with us.I ll be obliged for the advice on this issue
Sivapramod
15 August 2017 at 11:44
I am Sivapramod currently working as Technician Gr. III in Southern Railway.My appointment date is 06-06-2013. My basic is 23100 now.( GP is 1900 as 6th PC). Now I got selection in ISRO /VSSC Trivandrum as Technician B , which has basic 21700 ( GP is 2000 as per 6th PC). Can I get pay protection and addition of railway service?
Please reply me sir.
Rahul Kapoor
15 August 2017 at 09:49
Hello Sir, My name is Rahul. I have been working in an organisation(RML Agtech Pvt Ltd) for last 10 months. They have a probation period of 6 months after which confirmation is done but i had received no mail from HR regarding the same.I had talked to my HR several times but nothing hapenned.Now yesterday i called them again for the same.But to My Shock my supervisor called me and said they are not confirming me and asked for my resignation without any specified reason. They are also not giving me anytime. My performance has also been good throughout. Request your valuable suggestion on this as the organisation has totally harassed me in this case and has always taken things for granted. They treat all employee like slaves and keep on hiring & firing in the same way. Sir,Please reply ASAP as the organisations like these should be penalised and taught a lesson so that it should not harass others like this Thank you
inds
15 August 2017 at 09:46
Hi, my husband was driving a car on the expressway when he died last year. we have not been able to find out the reason for the accident as he was driving alone and when the police found him his car was crashed and he was no more. Am i eligible for compensation under the motor vehicles act? i have already claimed the car insurance in this regard. can i claim anything additional, my husband has been regularly paying income tax.
Kay Abreu
15 August 2017 at 08:20
15 years ago my elder widowed sister and I built a 2-storied house on her plot of land on a 50:50 basis. No paper was given by her to prove my ownership of the ground floor. We were living in Delhi and without our knowledge she sold the house built on her land and gave me 5 lakhs as compensation. By paying a compensation does it not prove my ownership rights ? Please advise any legal options against her and the buyer ? Incidentally, a case was filed in Alipore Court Kolkata for ownership rights. She never attended any hearings nor appeared for an out of court settlement. The case now stands suspended as per my lawyer.
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Pagadi system tenants rent law
Hi everyone, My father purchased room in1979 in Chawl.which is 100sq.ft. Now my brother marriage we shift to new home. Bcoz it's small area for 6 people.i (tenant) paid my rent till last year & I have receipt of it . which is 150rs.
So i (tenant) put our old pagadi system room on rent. As This room was small we are taking rent of 5000rs per month & we told owner to take 1 month rent 5000. But owner wants 1000rs rent per month +regular 150rs rent. Other building owner taking one month full rent.+regular Rent 150rs.
Now he was not ready to take full rent 5000rs for 11 months + regular rent 150rs from us & told if you can not ready to pay. Don't put it on rent.
Same owners other brothers taking 1month rent only+regular rent. Bcoz our area 3 chawl/building of same owner father. Now his 3son take 3 buildings / chawl.
Please help me?