Mitesh
29 March 2014 at 13:32
Dear Madam / Sir,
One of my client has recently came to know that its Private Banker has been charging a heavy premium on the Forward Contract booked.
It was identified that bank has charged more than 120 paise (in place of 2-10 paise) as bank's margin for booking forward contracts.
On its complain, bank has taken safe guard that they have given their verbal approval and signed contract notes. So bank is not liable for anything.
However, client was uneducated of the forward transactions and relied on good-faith to the bank.
Can my client sue bank on the ground of unethical/unfair practice? What is the forum and steps to be taken to charge bank so that it can recover its amount.
parul
29 March 2014 at 13:14
sir there is a problem in my father name as follows
sunil kumar walia( class 10)
sunil walia(class 12)
but his official name is sunil kumar bountra
so my query is that can i make a gazette notification that all the THREE names are of my father and from now on he will be known by sunil kumar bountra
in name change we do it from A to B
but is the above solution valid(do i need any documents for the gazette notification also)
and is it necessary that i make corrections in class 10 and 12 also
please reply
thanking you in anticipation
Vithal. Upari
29 March 2014 at 13:00
Dear Experts,
Please clarify my doubts about section 138 of NI Act 1881
a) A person (Complainant) who paid amount of Rs.2 lakh to another person based on mutual trust in business and in return he took cheque from him
b) The person who paid Rs.2 lakh requested many times over the phone, and through correspondence through letter or notice came back on the ground that “ address was not found” The complainant made followup after 2 years within that period person took advantage of it and he went on postponing about payment of money.
c) Now, with this respect complainant made follow up, and now receiver side advocate showing case cannot stand due to closure of the account of his client (i e. receiver). His advocate claimed why the complainant has presenting the cheque when the account has been closed. In this regard he is showing ILR 2007 KAR 2706. –K.SREEDHAR RAO.,J
d) Even during cross examination the Judge and advocate are in opinion that case cannot stand because of dismiss of earlier case laws. Even judge informed the defaulter to settle the amount, otherwise case can be filed against us 420 of IPC, and defaulter is ready to pay a settlement amount of Min Rs. 5000-30000 against Rs. 2 Lakh. Even judge also refereed to see any case laws on otherside decision i.e. “ Escaping liability merely on the ground of Closure of Accounts” to avoid payment to the party.
e) Now, complainant wants his full amount of Rs. 2 lakh but some where he is scared whether his case can stand or whether he need to go for settlement.
f) I would like to know is any other provisions u/s 138 of NI act based on this act
Person cannot escape from responsibility merely he issued a cheque and after that he cannot claimed on the ground of “CLOSURE OF ACCOUNTS”
Is there any CASELAWS/citations/ decision on the other side based on which above case facts.
Please help me out to find some solutions in this regard.
I would be more happy to receive more response with alternative solutions
ASHISH KUMAR AWASTHI
29 March 2014 at 12:55
सभी सम्मानित सदस्यों को नमस्कार !! मेरी नियुक्ति वाणिज्य कर विभाग ,उत्तर प्रदेश के अधीन 24.05.2003 को कनिष्ठ लिपिक के पद पर हुयी थी। 16.10.2006 को मेरा विभाग में स्थायीकरण हुआ। प्रोन्नति के बाद वरिष्ठ सहायक के पद पर रहते हुए मेरा चयन बिहार सरकार के अधीन जिला नियोजन पदाधिकारी के पद पर हो गया। चूँकि मैं इस परीक्षा के सभी स्तरों पर अपने पूर्व विभाग से अनुमति लेकर शामिल हुआ था , अतः वाणिज्य कर विभाग ,उत्तर प्रदेश ने मुझे बिहार सरकार के अधीन जिला नियोजन पदाधिकारी पद के लिए कार्यमुक्त आदेश से मुक्त किया और वरिष्ठ सहायक के पद पर मेरा लिएन बना रहने का ज़िक्र भी कार्यमुक्त आदेश में किया था। माह दिसंबर 13 में ज्वाइन करने के बाद भी बिहार सरकार का कहना है कि नयी पेंशन नीति के तहत PRAN नंबर आने के बाद ही वेतन दिया जायेगा। जबकि 2003 से ही मेरा जी० पी ० एफ ० , यू० पी ० सरकार में आहरित हो रहा था। लिएन पीरियड में मेरा जी० पी ० एफ ० कहाँ जमा होगा ?? क्या लिएन पीरियड में भी बिना PRAN लिए मेरा वेतन नहीं निकल पायेगा ?? कृपया सुझाव देने का कष्ट करें। धन्यवाद !!
deepesh
29 March 2014 at 12:45
How to register a partnership and company registration process in kanpur uttar pradesh. What are the documents required for it and where to apply for registration.
RACHIT
29 March 2014 at 12:18
Dear Sir,
There is a company which is inactive at present and we want to convert it into Limited Liability Partnership, so what is the process of conversion ? And whether the conversion took place by 31st march 2014 or what is the expected time of conversion ?
And if we want to convert the inactive company into dormant company then what is the procedure?
what should be done from above 2 cases ?
jignesh
29 March 2014 at 12:12
Hello sir. I was deported from u.s.a. in 2005 landed in Bombay and a case was filled against me where they took my passport and had sent it to passport office ahmedabad where it was issued now recently the case got aquaitted from juvenile court which the seccion court had transferred because I was minor when I had gone abroad I got aquaitted from there and the court had given an order to give my passport back which I got and now im applying to renew it because it was expired I had gone to psk for renewal now theyre asking me how did I ho to USA and everything sir my question is do the passport office has the right to file a case against me and is there any problem getting my new passport the psk officer said I will receive a letter from the passport office to meet the rpo so kindly tell me what he will do thanks 4 ur reply.
Advocate Suneel Moudgil
29 March 2014 at 11:58
Dear experts, wt is limitation to file execution of 125 cr p c
Prem
29 March 2014 at 11:55
Respected Sir's,
Need advice & what actions can be taken with reference to the below scenario:
An Institution, due to some disputes between the trustees. A Receiver was appointed by the H'ble High Court of Madras. The Principal of the above Institution is appointed as the Receiver & the appointed of Receiver & acceptance has been signed between Jurisdiction Sub-Court Judge & Receiver.
During appointment as Receiver, he is working in the Institution as Principal. After few years in 2011, he had contested in State elections for Municipal Councilor post & had won the elections. Now he is the Elected member for Municipality as a Councilor.
Questions:
1. Does The Receiver who has been appointed by the Court is considered as Government Employee?
2. In a Judgement given by H'ble Supreme Court of India (Criminal Appeal No: 1881 of 2013 - Page 14 & 15) has stated that "Public Servant means - any person authorised by a court of justice to perform any duty, in connection with the administration of justice, including a liquidator, receiver or commissioner appointed by such court) with reference to the above statement, the Receiver is a Public Servant, which means a Government employee? Correct me if, I'm wrong... Please...
3. If he is considered as Public Servant (Government Employee), the Election Commission doesn't allow Government Employee to participate in elections. Based on this situation, what actions (criminal / civil - according to which section of law), to cancel his Receiver post & Municipal Councilor post?
Thanks in advance.
Regards,
Prem
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