Anonymous
21 June 2022 at 14:32
Dear sir
My mother is asthma patients and we are talking medicine from our family doctor on debit basis when I was employed I never keep bills pending but after corona period I was unable to pay bills, doctor provide us medicine and keeps writing treatment charges in his record book but still did not provide exact amount to pay, whenever I asked him about that he says are u paying full amt at a time . I am suspect that he is demanding more amt of charges, he did not provide his one day charges information, I am afraid that I will suffer for DC in future because my mother s case is not normal and I don't have cash in my hand for other doctor fees. Plz guide.
Adv Umale Ganesh
21 June 2022 at 09:09
whether the relinquishment deed be valid if it's made in favor of a joint owner who had purchased the property as a relatives
Anonymous
21 June 2022 at 08:54
can relinquish deed be executed between the owner and co-owner who purchase the property by sale deed
Madhu Mittal
20 June 2022 at 21:06
A Loan is given to a Proprietorship Firm on the basis of post dated cheque of Proprietorship Firm duly signed by its Proprietor and A Promissory note signed by his son as Authorised Representative of Proprietorship Firm. When cheque presented, it was dishonored due to Insufficient Fund . Legal notice was got issued to 1. Proprietorship Firm 2. Proprietor 3. Authorised Representative. No reply from anyone of three.Case u/s 138 was lodged and Cognizance was taken against all three, Proprietor and Authorised Representative got bail. Substance of accusation was stated u/s 251.Now An application for discharge without mentioning Section in trial court has been put by Authorised Representative taking pleas that there is no relation of his with Proprietorship Firm and he was falsely implicated. Now there is A Supreme Court three bench decision Named Adalat Prasad V Rooplal Jindal in which it was stated that now remedy for accused is only u/s 482, Trial Court can not review its decision.Now there is a Supreme Court Decision Named Raghu Lakshminarayan Vs. Fine Tubes Decided On: 05.04.2007 according to which Proprietor Concern is not a Company u/s 141 N I Act, so its employee can not be implicated as accused. The reasoning for this decision not 100 per cent correct, according to someone’s view and mostly based on civil law which is also not correctly interpretated.
Now u/s 141 N I Act , Company means ……….includes a firm or …..
Here as per someone’s interpretation, a Firm is written, not Partnership Firm. So there a strong pleas that ‘a firm” includes not only both Partnership Firm Registered and Unregistered, but Proprietorship Firm also. Reliance is placed on following namely :
1. HIGH COURT OF MADRAS ,Swathi Creations Vs. Sivanandham Agencies, Decided On: 17.12.2004 MANU/TN/1575/2004 2. HIGH COURT OF ANDHRA PRADESH, Y. Venkata Reddy Vs. Jagadamba Enterprises and Anr. Decided On: 03.01.2002 MANU/AP/0893/2002
2. at : https://marketbusinessnews.com/financial-glossary/firm-definition-meaning/ A firm is a commercial enterprise…sole proprietorship, ..
3. Payee Proprietorship can lodged case u/s 138 (SC decision in Shankar Finance and Investments Decided on 26.06.2008) whie in Civil suit not in Payee name
4. It is settled law that statutory provisions shall have precedents over the judicial pronouncements
Now Guidelines is sought on following points:
1. Whether SC decision Adalat Prasad V Rooplal Jindal is sufficient to get application of Authorised Person dismissed at Trial Court ?
2. What is the correct law whether Proprietorship Firm is a company or not u/s 141 N I Act ?
3. If Proprietorship Firm is a company u/s 141 N I Act, how to deal with SC Decision Raghu Lakshminarayan Vs. Fine Tubes a) at trial Court 2) at High Court u/s 482 3) Whether can be called decision per in curiam on the basis of above
4. Anything else, by which Proprietorship Firm can be recognized a company u/s 141 N I Act
5. Any other guidelines, so that application of Authorised Representative can be dismissed not only at Trial Court level, if necessity arises u/s 482 also.
Member (Account Deleted)
20 June 2022 at 11:08
Hello.im a bachelor.i have physical relationship with a married woman.That woman secretly captured our intimate videos and now blacmailing me for money.what can i do?
Sushil Agarwal
19 June 2022 at 16:27
My uncle (Tauji) relinquished his and his minor siblings rights in two properties inherited on death of his father to my father and his siblings by way of release deed in 1971. I am the elder son of my father. Does I get rights on these two properties as is mentioned in the release deed.
Anonymous
19 June 2022 at 03:50
I need to convert my leased property to freehold property but my current property is modified property with permission from all the owners staying in vertical extended portion.Will it cause a problem while converting to freehold and if it is a problem is there any way of we can pay extra for the modified part and get it sorted.
Anonymous
18 June 2022 at 21:27
Respected Experts in this platform,
I am a newly enrolled Advocate in a small district of Chhattisgarh, and I need a small favor so please help me out with some relevant judgments for husband's bail for charged under section 498A IPC.
All the facts logged in FIR are false, like same as every case out there that the husband had a dowry demand, mental torturous, etc.
please do help me with relevant judgments.
Anonymous
17 June 2022 at 13:35
I went to PS & lodged GDE. Police take action on GDE. But I am not happy upon police. Can I go to court for lodge FIR u/ s 156 (3) CRPC ?
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Pf matter
Dear sir
I would like to submit composite claim form for final settlement of pf because my employer do not provide digtal kyc in pf department and is not co operating to withdraw money as advance I am facing financial problems for my mother s medicine she is facing asthma. After corona period my employer did not provide any identity and as labour of his establishment and my salary bonus is pending no information regarding esic benefit,no loan facility in company. Plz help to know abt procedure to file CCF for Pf.