Srihari P
06 November 2014 at 15:37
Dear Sir One cheque of Rs.30 lakhs against the supply of material is bounced in Apr 2008 and we filled the complaint u/s 138 of NI Act. It is pending for cross verification since 2012 since the accused is not attending and nbw is pending. During 2014 the accused gave the written comitment to pay the same with 10% simple interest by Mar 2014. He cleared hardly 20% of the agreed amount and now again avoiding. In the agreement it was agreed by me that the sad cheque bounce case will be withdrawn by me on the payment of the total amount as agreed in the said agreement. Now he has started paying games and avoiding. Eventhough i sacrificed so much and lost so much i agreed to clear the issue with normal simple interest , he is playing games. Pl advice the following: a) can i take any action based on the written agreement (agreement was given in their letter head). b) Can i proceed to file fresh criminal complaint based on the cheating act in 2008. c) Since he stays in other state, he is managing the non bailable warrant and i am unable to manage the execution of the NBW. Can u advice any other mode to execute the nbw. Some one told that we can file some writ in high court like. I have been sending the representations since last 3 years to all police authorities for the execution of NBW. The problem here is that the accused is sitting with huge money and properties. Unless and until he faces the pressure he will not come to the line. Kindly advice me the best possible action.
P K SAHOO
06 November 2014 at 15:16
Dear Team
both borrowers are death and property is name of applicant(mother) and applicant and co-applicant(father) are death in 2010. now the son closed the loan and asking for hand over the all original papers from bank. loan is closed in books. the son has mutated the name in said property in his name. now the son approached the bank to hand over the property paper of said property.
how we hand over the original paper without legal heir certificate.
kindly suggest us.
arun kumar
06 November 2014 at 14:51
Dear Advocates,
My father has been allotted an flat under SRA scheme but due but my uncle is pressurising my father to give 50% share in the said property....he by shaking hands with society members stopped our possession and key...and society too kept denying us to give keys of the said flat...now my uncle has filed an civil suit against my father 2) Society and 3) Developer claiming his half share and by fake statement that the said property is ancestral.
I need ur guidence that can I take possession of flat now as da matter is pending before the court and I am facing problems of residence.
SAM
06 November 2014 at 14:48
Dear Ld. Respected Sir's,
Below is details of my elder brother's case:
1. Wife File DV case against her husband and his parents and younger brother in JMFC Court, Thane.
2. When court asked the husband, what husband has decided? then husband informed court that he will take his wife permanently in his native place. (actually husband has no intention of taking his wife in native place, he just told as informed to him by his lawyer)
3. After hearing this wife informed court that she is ready to go with husband to his native place (actually she wants to withdraw the case and then file NC in native place in police station and then reopen the case. Her advocate was not present before the court when she said that she wants to withdraw the case). Even the husband side advocate was not present before the court as he was out of the town.
4. What should the husband say in this situation? Should the husband inform the court that his wife should file undertaking cum affidavit before the court mentioning that she will never file any criminal case or complaint of any nature in any court in India or in police station?
5. Whether the husband should inform the court that if she is not filing affidavit/undertaking before the court then husband will not take her to native place (Whether affidavit cum undertaking filed by wife before the court has value? After filing the affidavit by the wife, can the husband be secured that she will and cannot file any case against him in any court or in police station?
6. Whether he should inform the court that the case be decided on merits and proceeded forward?
7. How the husband should defend himself?
Please suggest.
Thank you
SAM
roshan
06 November 2014 at 14:15
R/Sir,
I want help you regarding subjected matter.
Actually my neighbor are daily tocharing, degrading treatment and wrongly word use against my family. in this situation what we do. which case file against police station and court. plz suggest.
i am eagurly waiting for your reply.
my mail id is
gathibandhe.roshan@gmail.com
mo. no. : 9860596848
navin
06 November 2014 at 14:13
dear sir,
I NEED A SUGGESTION....
i am the petitioner. The hon'ble high court passed a judgment order against me on 20.08.2011,the Appeal suit is favour to me. here my counsel is aged 87 years whenever i approached him he used to say the second appeals are pending,but his EX.clerk said me 18.11.2013 the appeals were allowed on 20.08.2011,i went to his office he is not in a position to reveal anything about the case, i was immediately filed the copy application on 19.11.2013 and the same was ready on 22.11.2013 and i engaged a new counsel and the counsel came to know about the filing of the cross objection which filed by my old counsel is not trace in the ledger, the high court categorically held in its judgment that the petitioner has not filed any appeal against the judgment and decree passed by the lower appellate court so for it against me now..and nearly 900days delay I WANT TO KNOW....THE COURT MAY BE CONDONED THE DELAY ARE NOT ? ANY POSSIBLE GROUNDS TO FILE A REVIEW PETITION NOW ? AND THE COURT MAY ALLOW ARE NOT?ANY SUGGESTION PLEASE ? ANY CASE LAWS AND CITATIONS FOR REF. THANKING YOU!!!!1
praveen
06 November 2014 at 14:09
If there are inter related matters pending in Second appeal( pedning in Highcourt) and first appeal, Can we file a applition to stop the proceedings in the first appeal till the Second appeal is disposed off?
If yes, Under what section we can do this?
Puneet Sharma
06 November 2014 at 13:18
Dear Sir,
is All India Bar Association Exam is compulsory for practice as Taxation lawyer in UP
any judgement regarding practice for law graduate in UP like Gujrat HC
Thaks & Regards
Mahesh Nandani
06 November 2014 at 13:00
I wish to get guidance on the subject matter of HOW to form the plot owner's association and the prevailing laws in GUJARAT. The association to be formed is to maintain, manage and develop the various amenities, road, water and drainage systems. Some have guided me to form AOP while some suggest to form coopeative society for the purpose. Please opine
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