pushpakrishna
24 May 2014 at 19:08
Dear Experts,
A cheque is given by a person for discharge of legally enforceable debt bounced due to insufficient of funds in his account.issued a statutory notice though he did not respond to pay. under these circumstances can i file a complaint U/S 420 of IPC along with 138 of N.I Act.or not ? kindly advice in this regard.Thanq in advance.
Rajeev Varshney
24 May 2014 at 18:55
Sir,
We are putting our problems as follows before Hon'ble sir for better solution
1. => That Chandrakanta Banarsi Dass Public Society has applied for loan from SBI (SME) Branch Aligarh for establishment of primary education institution which is to be opened in the name of Rapid International Academy and project was submitted to the bank for worth Rs. 13 Crore.
2. =>That concerned bank has sanctioned on 20-02-2010 on Rs. 2.80 crore and assured to pay the balance after some time. We have invested a huge money worth Rs. 7 Crore in the construction of building and other equipments and the Institution had started in the year 2011-12 and continued upto 2012-13 but due to financial crises institution could not continue for further period as bank did not support us and had totally refused to pay the balance amount as per project.
3. =>That we have deposited about worth Rs. 1.70 Crore to the bank. The accounts of bank are not maintained regularly in the course of business. The bank has failed to comply its assurance as given prior.
4. =>That our account recorded as NPA on 30-09-2013 at the amount of 2.57 crore and notice under section 13 (2) of Sarfaesi act was issued. We have replied the same in time, but no relief was given by the bank. Then we have filed S.A. in the year 03-03-2014 before D.R.T. Lucknow. The bank has also filed O.A. against us before D.R.T. Lucknow. No reply was even filed by the bank in S.A. though many dates have been fixed by the Tribunal for filing objection.
5. =>That an O.T.S. proposal was given to the bank through D.R.T. Lucknow to settle the case in worth Rs. 2.25 Crore but the bank did not accept the same.
6. =>That are all properties are mortgaged in favor of bankhaving present market value worth Rs. 15 Crore, as per bank value arrives about 11 Crore, now bank is threatening to us that we would not compromise in this case as more costly properties are mortgaged in bank’s favour.
There are following grounds of default on behalf of bank:
(a) -->That bank did not mention all the properties in notice 13(2) and afterwards bank has issued Notice U.S. 13(4) disclosing all the mortgage properties though in section 13(2) all mortgage properties are not disclosed.
(b) -->That no notice under section 13(2) and 13(4) were sent and served upon guarantor’s address.
(c) -->That in our account some amount was falsely debited the bank.
(d) -->That bank is not accepting our O.T.S. proposal as given by us for settling the account for worth Rs. 2.25 Crore
(e) -->That Bank is proceeded further in recovering the arbitrary amount against us and a possession notice was posted upon the property on 18-01-2014.
Kindly provide better solution in our interest so we can relieve the facing problem as on today.
I will be highly obliged.
With Thanks
Rajeev Varshney
President
Chandrakanta Banarsi Dass Public Society
+918881525251,varshney.k.rajeev@gmail.com
Rajeev Varshney
24 May 2014 at 18:42
Sir,
We are putting our problems as follows before Hon'ble sir for better solution
1. => That Chandrakanta Banarsi Dass Public Society has applied for loan from SBI (SME) Branch Aligarh for establishment of primary education institution which is to be opened in the name of Rapid International Academy and project was submitted to the bank for worth Rs. 13 Crore.
2. =>That concerned bank has sanctioned on 20-02-2010 on Rs. 2.80 crore and assured to pay the balance after some time. We have invested a huge money worth Rs. 7 Crore in the construction of building and other equipments and the Institution had started in the year 2011-12 and continued upto 2012-13 but due to financial crises institution could not continue for further period as bank did not support us and had totally refused to pay the balance amount as per project.
3. =>That we have deposited about worth Rs. 1.70 Crore to the bank. The accounts of bank are not maintained regularly in the course of business. The bank has failed to comply its assurance as given prior.
4. =>That our account recorded as NPA on 30-09-2013 at the amount of 2.57 crore and notice under section 13 (2) of Sarfaesi act was issued. We have replied the same in time, but no relief was given by the bank. Then we have filed S.A. in the year 03-03-2014 before D.R.T. Lucknow. The bank has also filed O.A. against us before D.R.T. Lucknow. No reply was even filed by the bank in S.A. though many dates have been fixed by the Tribunal for filing objection.
5. =>That an O.T.S. proposal was given to the bank through D.R.T. Lucknow to settle the case in worth Rs. 2.25 Crore but the bank did not accept the same.
6. =>That are all properties are mortgaged in favor of bankhaving present market value worth Rs. 15 Crore, as per bank value arrives about 11 Crore, now bank is threatening to us that we would not compromise in this case as more costly properties are mortgaged in bank’s favour.
There are following grounds of default on behalf of bank:
(a) -->That bank did not mention all the properties in notice 13(2) and afterwards bank has issued Notice U.S. 13(4) disclosing all the mortgage properties though in section 13(2) all mortgage properties are not disclosed.
(b) -->That no notice under section 13(2) and 13(4) were sent and served upon guarantor’s address.
(c) -->That in our account some amount was falsely debited the bank.
(d) -->That bank is not accepting our O.T.S. proposal as given by us for settling the account for worth Rs. 2.25 Crore
(e) -->That Bank is proceeded further in recovering the arbitrary amount against us and a possession notice was posted upon the property on 18-01-2014.
Kindly provide better solution in our interest so we can relieve the facing problem as on today.
I will be highly obliged.
With Thanks
Rajeev Varshney
President
Chandrakanta Banarsi Dass Public Society
+918881525251,varshney.k.rajeev@gmail.com
Rohit Gadsing
24 May 2014 at 18:32
If document(sale deed) is registered and subsequently cancelled. In the above case, can stamp duty & registration fees refund be claimed or allowed ?
Rajeev Varshney
24 May 2014 at 18:32
Sir,
We are putting our problems as follows before Hon'ble sir for better solution
1. => That Chandrakanta Banarsi Dass Public Society has applied for loan from SBI (SME) Branch Aligarh for establishment of primary education institution which is to be opened in the name of Rapid International Academy and project was submitted to the bank for worth Rs. 13 Crore.
2. =>That concerned bank has sanctioned on 20-02-2010 on Rs. 2.80 crore and assured to pay the balance after some time. We have invested a huge money worth Rs. 7 Crore in the construction of building and other equipments and the Institution had started in the year 2011-12 and continued upto 2012-13 but due to financial crises institution could not continue for further period as bank did not support us and had totally refused to pay the balance amount as per project.
3. =>That we have deposited about worth Rs. 1.70 Crore to the bank. The accounts of bank are not maintained regularly in the course of business. The bank has failed to comply its assurance as given prior.
4. =>That our account recorded as NPA on 30-09-2013 at the amount of 2.57 crore and notice under section 13 (2) of Sarfaesi act was issued. We have replied the same in time, but no relief was given by the bank. Then we have filed S.A. in the year 03-03-2014 before D.R.T. Lucknow. The bank has also filed O.A. against us before D.R.T. Lucknow. No reply was even filed by the bank in S.A. though many dates have been fixed by the Tribunal for filing objection.
5. =>That an O.T.S. proposal was given to the bank through D.R.T. Lucknow to settle the case in worth Rs. 2.25 Crore but the bank did not accept the same.
6. =>That are all properties are mortgaged in favor of bankhaving present market value worth Rs. 15 Crore, as per bank value arrives about 11 Crore, now bank is threatening to us that we would not compromise in this case as more costly properties are mortgaged in bank’s favour.
There are following grounds of default on behalf of bank:
(a) -->That bank did not mention all the properties in notice 13(2) and afterwards bank has issued Notice U.S. 13(4) disclosing all the mortgage properties though in section 13(2) all mortgage properties are not disclosed.
(b) -->That no notice under section 13(2) and 13(4) were sent and served upon guarantor’s address.
(c) -->That in our account some amount was falsely debited the bank.
(d) -->That bank is not accepting our O.T.S. proposal as given by us for settling the account for worth Rs. 2.25 Crore
(e) -->That Bank is proceeded further in recovering the arbitrary amount against us and a possession notice was posted upon the property on 18-01-2014.
Kindly provide better solution in our interest so we can relieve the facing problem as on today.
I will be highly obliged.
With Thanks
Rajeev Varshney
President
Chandrakanta Banarsi Dass Public Society
+918881525251,varshney.k.rajeev@gmail.com
M MALIK_31
24 May 2014 at 18:26
Respected Experts,
Kindly clarify these questions.
First Question:
Is "Having very simple signature" i.e. "Just writing first name in english normally" dangerous when registering a property in sub-registrar office? Can it make any signature frogery? Though we register our thumb impressions and snapshot photo in property registration then too "Is stylish/complex signature necessary in land registration"
Second Question:
Can we introduce a new {more stylish/complex} signature for a new property registration in sub-registrar office whereas at all other places like "Banks, Pan Card, Passport etc. we use very simple signature (just first name written normally, means it can be copy easily).
Is it very risky to have very simple signature (just writing first name in Title case in english)?
If dangerous, how to change these simple signatures into a more stylish/complex signatures? What is the process? How to change old signatures to new more complex signatures in property document?
Kindly clarify these issues with many of us.
Many Thanks and Regards
M Malik
Mohammad
24 May 2014 at 17:48
Hello sir,
We have some agricultural land in a rural area in ranga reddy dist Andhra Pradesh. A High Voltage(HV) line power towers are going from our agricultural land. The length and breadth of the tower is 20 X 20 meters respectively. We are asking for the compensation of the land according to the revenue(government rate). The contractor is denying by saying he will pay the compensation only for the crop loss not for the land. In our locality The govt. rate is 10 lacks per acre , we are loosing 6 guntas of land , the contractor is paying only Rs 20,000. Moreover they didn't give any notice to the land owners and directly they are digging the land. When we the owners asked the contractor who gave you the permission to dig our lands, His replies are,"WE ARE DOING GOVT WORK WE DON'T NEED OWNERS PERMISSION,THEIR IS AN ACT 19XX, ACCORDING TO THE ACT WE HAVE THE AUTHORITY TO CONTINUE THE WORK WITHOUT TAKING THE LAND OWNERS PERMISSION" . Our question is, are they going legally? If not what actions can we take on them?. Can we stop the work? If yes, what is the procedure? Is it true that they will pay the compensation only for crop loss not for land?
We will be highly thankful to you if u give a sincere legal advice on this issue.
Jaigopal Soni
24 May 2014 at 17:14
I filed a request u/s 6 of RTI Act for information related to self disclosure of information by PIO, District collectoarte janjgir.
PIO did not replied within 30 days of the stipuated time limit aggrived by the same, i prefered first appeal u/s 19(1) of RTI Act before FAA, District collectoarte janjgir.
FAA just sent information for first appeal hearing after the hearing. no further order sheet or any information received by PIO or FAA, District collectoarte janjgir.
Agrived by the inaction of the First Appellate Authority i prefered second appeal before the CG SIC, raipur u/s 19(3) of RTI Act, through speed post.
CG SIC was not registering my second appeal u/s 19(3) so i applied to PIO, CG SIC, raipur for status of my appeal and then they considered my second appeal and registered it which was acknoledge by me through the phone to PS of state information commissioner that my case i now registered.
On the date of hearing i sent written argument for my second apppeal.
To my surprise when i gone through the order sheet of the second appeal i found that SIC has dismissed my case and mentioned in order sheet that the appellant has confirmed through phone that he has received the reply of rti from SIC and his case is registered now so we are dismissing the same.
I want to lodge a writ in HIgh Court kindly guide
M MALIK_31
24 May 2014 at 16:57
Respected Experts,
Kindly clarify these questions.
First Question:
Is "Having very simple signature" i.e. "Just writing first name in english normally" dangerous when registering a property in sub-registrar office? Can it make any signature frogery? Though we register our thumb impressions and snapshot photo in property registration then too "Is stylish/complex signature necessary in land registration"
Second Question:
Can we introduce a new {more stylish/complex} signature for a new property registration in sub-registrar office whereas at all other places like "Banks, Pan Card, Passport etc. we use very simple signature (just first name written normally, means it can be copy easily).
Is it very risky to have very simple signature (just writing first name in Title case in english)?
If dangerous, how to change these simple signatures into a more stylish/complex signatures? What is the process? How to change old signatures to new more complex signatures in property document?
Kindly clarify these issues with many of us.
Many Thanks and Regards
M Malik
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Stamp duty refund
Document(Sale Deed) is presented for registration but document is pending for seller's photograph & signature.Therefore document did not get registered, it's in the process of registration.
Stamp duty challans are defaced by SRO
In such case can refund of stamp duty be claimed in Maharashtra???