kamal krishan
27 November 2014 at 08:35
Court order compensation 30,000 / against the dishonored cheque of Rs 20,000.from the accused to the holder / complainant .
Quyery :-
1 Can the creditor / ( complainant) file a separate civil suit , for recovery for the principle amount of Rs 20,000 ( mentioned in cheque )with in a limitation period 3 year.Or
a simultaneously with the proceedings of NIA us 138 .
To stand the civil recovery separately .
2 i think compensation , is an amount of punishment for the ofence to misuse the instrument ( which is in the equity of currency , cheating , and doing fraud )and harassment caused to the holder and to discharge the accused from criminal liabilities ; but not from the civil liabilities .
Pl oblige , with ur intense answers .
( generally it is in practice , compensation finishes all liabilities of the accused on tis matter ) but i think that ; it promotes wrong doers / criminals )which the judiciary should not tollrate this on going nuesance in the sociaty .
Queries t
Kamal
Skeptical optimist
27 November 2014 at 07:14
The housing finance bank overcharged me when I fore closured loan. Later I sent it letter asking to return excess money else face litigation. Their response on the subject dated Oct 20, 2012 (by email) deny any outstanding. To this, I sent them legal notice by registered post on Dec 09, 2012. I received auto-generated acknowledgement email (instantly) stating they will get back in 72 Hr. On Dec 11, 2012 I received call wherein bank repeated its same stand. Question: For admissibility of complaint at district consumer forum within 'two years'; which date would be considered as base? Oct 20, '12 or Dec 11, '12 (how can I prove occurrence of telephonic conversation dated Dec 11?). Your answer will help me decide whether I still have chance to approach consumer forum. Thanks.
Anu
27 November 2014 at 01:29
My cousin brother got married in January,2013 and his son was born in January, 2014. However after the marriage, his wife neither accepted his house nor his family (father,mother,sister).My cousin never argued with her over this and continued to take care of her during pregnancy and whenever she fell sick.Also,his family took great care of her, thinking that after she becomes mother she will change. But after child was born she never took care of child, cousin's sister used to take full care of his son, except feeding the baby. Now from August, his wife's mother started calling her daily for 2 hrs and was thus brainwashed and pressurised her to come and live with her, but cousin and his family were not in favour of sending her with little son as she wasn't taking any care of her son. So they all decided to go to her home. When they reached there, her mother insulted cousin's family at maximum in front of relatives but none from my cousin's family argued. Now in October, wife's brother and uncle came to cousin's house and liedthat her father is very sick and wants to see little one also.After much heated argument, they were sent. 1 month passed, they didn't picked up my cousin's phone, neither his wife. In November my cousin and his father went to her home to take her back , but there his brother and uncle threatened that cousin that his family will be sent to jail for dowry. Her mother also said that cousin and his family has to write on paper as per her wish and cousin needs to visit regularly and make her parents happy, say sorry to her family after which they will think of sending her back. Among all this the little boy (cousin's son of 8 months old) is very much terrified at her home.My cousin wants his son back but his wife is not wiling to come back neither giving the son. Cousin has tried several time to convince her over phone but now she is threatening him.We have started to record her phone calls now as a proof. One more thing cousin's in-laws are migrants from Pakistan and migrated to India 25 years back. Her parents have Indian nationality but neither she nor her brother has Indian nationality.My cousin after marriage has filed for her nationality and she is supposed to get it in December,2014. How can we stop her from getting nationality now and should we fie FIR against her for harrasment and then file RCR and child custody to get back the child. Cousin's wife is rigid neither to come back nor to give the child.Which legal option should he choose.
Mohan
26 November 2014 at 23:33
Suppose after filing B Report, police find fresh evidence -- can they withdraw the B Report filed and file charge sheet ? Please enlighten me - Does crpc 173(8) apply to filed B Reports also ?
Regards:
Austin
26 November 2014 at 23:14
Hi,
I am from Karnataka, and my mother passed away last year. She left behind my father(husband), and 3 children including myself. She had no Will in place (Intestate)
Recently I found out that my mothers parents(my grandparents) passed away too. They had 4 daughters which include my mother.the grandparents had land that needs to be sub-divided by 4 daughters. But as my mother has passed away,
1) Who inherits my mothers portion of the land after it has sub divided when intestacy?
2) how do we(3 children + my father) authorize for legally accepting my mothers portion of sub division when intestacy?
3) And if we decide to sell that land, are (3children + my father) consideres joint owners of the land?
We are a catholic family.
Thanks again in advance!
Austin
ruchi kukreti
26 November 2014 at 22:05
Hello Sir
I have filed a cheque bounce case under 138 NI.But accused is avoiding his presence before the court.We don't know where is he staying but I have his cell nos through which he is regularly sending me messages saying that he will pay on this date or so on.Now my advocate told me that he is going to file an another court roofer petition in the court so that the accused can be arrested by tracing his calls.Kindly let me know Sir what this petition means and how it will help to get the accused arrest.
Summons also has not been received by accused because he is not available in that place.We got his permanent house address can the summons be sent to his address even if he is not staying there?
Kindly let me know Sir which is the best way to arrest the accused
thanks a lot
ruchi
Rajasekhar
26 November 2014 at 21:41
Query:
1. My road side land of 1 acre : with 100 coconut tree and a House is going to be acquired for NH214 Bypass.
2. It values 1.7 Crore in current market.
3. Government website http://registration.ap.gov.in/ Registration Department - displays a unit price as 10 Lakh/acre for Survey Numbers bordering to mine.
4. I was suggested to file a petition for the loss, still survey by revenue department pending.
Q1. Will I get compensation atleast 1 crore ? if so under what conditions !!!
Q2. How will I be able to know the Market value refered by NHAI ?
Q3. What is to be covered in a petition ?
Q4. Many claim it is useless to file case ! Is there any use/benefit if I file a case ?
Q5. Any suggestions please.
youngbro
26 November 2014 at 21:15
Respected lawyers,
After all the negotiations and mediations failed, it is time for trial in 498a and DV cases, and honorable judge asked the lady to produce evidence, she is trying to delay the case by asking for more time and her documents are NOT ready, this is third time she did, my worry is that, it will give her plenty of time to come up with forged documents, Can you please help me to understand what all options do I have, what action can my lawyer take at this time, Judge is easily granting her more time.
Please expert help me !!!
Thanks
Rajeev Singh
26 November 2014 at 20:52
I hav filed an application under section 482 against quashing of complaint case and stay of proceedings under section 323 504 506.
Notice has been served and shall be listed in next week.
In the complaint Injury has been reported but no medical report has been filed as burden of proof lies upon the complainant.
Also there are contradictions in the statement of the witnesses plus no FIR has been lodged nor any effort was made. Direct complaint was filed agaunst which summoning order was issues.
Please help if any Apex Court ruling shall be there in the same context for quashing of complaint.
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Sold property with will but without probate of it
My mother purchased property at Bihar in 1964 and sold it on 1987.She purchased 1BHK flat on 1988 and nominated me and my brother in 1989 which society accepted the nomination on record Flat situated at Mumbai.My mother made a will in 2006 before two witness and after taking doctor medical fitness certificate in which she distributed 50%-50% between two brothers the flat.She met natural death in 2009 and we made application for transfer of flat in the year 2010 and same was done by the society members.
We both brothers agreed to sell the flat due to shortage of space since childrens were grownup.
In 2013 my elder and younger sister demanded for share against sale of flat.
We have applied probate for will.But Sold the flat
Now my two sisters have filed case in civil court against us