HARI PRAKASH
05 July 2019 at 09:39
I reside in bangalore. The payer has given me cheque of HDFC bank Mumbai. I deposit the cheque in my SBI bank account bangalore and it bounces. I am told that it is difficult for me as I am in bangalore and police will not go to Mumbai to secure the payer and hence after 2-3 hearings, judge will dismiss the case. Other advocate advises that Commissioner of police bangalore will send summon to Mumbai Police and hence securing accused will not be problem and only point that it may take some more time. Please educate me.
Will john
05 July 2019 at 07:41
I and my wife filled for HMA 13B With terms of one time allimony of 2.5lakh draft which i deposited in the family court In one condition it is mentioned that she will widraw cases 1. 125(3) 2. DV ACT case 125(3) is not pressed by her In DV ACT she has given application not to continue the case and plz dispose But the judge is not ready to dispose it as per judge first 13b is decided then he will do it My question is can she not press dv case as well Or shall i wait for 13b judgement I dont trust her in future once 13b is decided she will get the money and can change the mind for widrawing the dv act case Plz suggest
Will john
05 July 2019 at 07:37
I and my wife filled for HMA 13B
With terms of one time allimony of 2.5lakh draft which i deposited in the family court
In one condition it is mentioned that she will widraw cases
1. 125(3)
2. DV ACT
case 125(3) is not pressed by her
In DV ACT she has given application not to continue the case and plz dispose
But the judge is not ready to dispose it as per judge first 13b is decided then he will do it
My question is can she not press dv case as well
Or shall i wait for 13b judgement
I dont trust her in future once 13b is decided she will get the money and can change the mind for widrawing the dv act case
Plz suggest
Chilamakurthy Venkat Raao
04 July 2019 at 22:09
Sirs, My wife filed 498A, 354 under IPC and 3&4 of DP act in April 2014 against me,my parents,sister and cousin brother. But as we got stay from high court on my parents and sister till now case has not started. But to start the case my cousin brother on whom 354 has been filled is not interested to attend court. As he is not interested to attend court can we split the case into two and start proceedings on me,my parents and sister in lower court. If so, what are the conditions for splitting a case. Will it harm in anyway to my cousin brother later
hrishikesh
04 July 2019 at 21:59
A is married to a female B.B does not remain satisfied by her husband A.one day leaving her husband A's house she goes to the house of her paeamour C and there she remains with C as husband and wife .discuss C's offence under ipc?
vandana
04 July 2019 at 21:49
My cousin was died in a road accident five year ago , we have filled a case against the car driver . I want to know how long the case will take and what will be the aftereffects if the driver is declared guilty.
Praveen Singh
04 July 2019 at 21:21
Sir, I own a flat at Gandhinagar, Gujarat. Builder charged Rs. 900/- per month as maintenance charge. After formation of Co Op housing service society Ltd in my society. Chairman & Committee members in 1st AGM meet revised maintenance charges as Rs 1250/- for owners residing in their flats & Rs 1600/- for owners who have let out their flats.
Sir is this different rate of maintenance charges justified or it can be challenged?
RAVINDRA
04 July 2019 at 17:46
merei wife ka uske bf k sath aafire hai ye pata chal gaya, uska 2 sal se affire tha..... sab accept kiya usne , maine uske mobile me sab pakad liya........maine usko galti sudharne k liye chance diya.....1 din usko mai sex k liye bola to usne mana kiya...aur bol diya ki mai usko ( bf) kabhi nahi bhul sakti......... maine ye matter serious liya aur hamare dono k ghar valo ko bataya...uske ghar vale aaye aur usko bohat matlab bohat hi mar diya.....aur leke gaye, q ki mai bol diya ki muje ye nahi chahiye...... 15 din k bad wife ne muje call kiya ki main abhi acchi rahungi sab chod diya hai...... main bola its k.....aur usko mere ghar return leke aaya,... abhi us bat ko 6 month complete ho gayae...... vo mere ghar ka sab sansar achhi kar rahi hai .... sab thik hai . lekin vo muje sex k liye ignore karti hai....... bolti hai ki sex kabhi nahi kar sakti meri eccha nahi hoti......bilkul touch nahi karne deti hai.......maine usko puchha ki ye sab q?? tuzhe nahi rehna to tu ja vapas...lekin vo bolti hai kya sex hi important hai kya??? to mere man me doubt aa raha hai ki kya hai uske man me abhi bhi vo ladka hai??? kya vo bhag jayegi kabhi ??? ye sab usko puchha to mana kar rahi hai??? plz advice me
A Sen
04 July 2019 at 09:43
My questions to the learned forum arises from observing how SBI Cards recovery agents are mentally, emotionally and verbally harassing a recently widowed senior citizen on the credit card dues of her deceased spouse who was the principal holder and she was a supplementary/add-on card holder and seldom used her card.
The recovery card agents statements try to link, apart from their usual derogatory verbal communications from virtual numbers (no call back numbers) – which is against the established norms set by the Master Circular regarding Credit Card and BCSBI norms, run around the following two declarations of the Most Important Terms and Conditions (MITCs) declaration of SBI Cards:
1. Terms and Conditions Governing Credit Card facilities shall be applicable to the Supplementary /Add on Cardholder as well.
2. The total Outstanding on the Card Account, together with the amount of any Charges effected but not yet charged to the Card Account, will become immediately due and payable in full to SBICPSL on bankruptcy or death of the Primary Cardholder and the Card Account shall immediately stand cancelled. The Primary Cardholder's estate will be responsible for settling any Outstanding on the Card Account and should keep SBICPSL indemnified against all costs including legal fees and expenses incurred in recovering such Outstanding. Pending such repayment, SBICPSL will be entitled to continue to levy finance charges at its prevailing rate.
My questions to the learned forum are:
1. Since credit card is an unsecured personal loan agreement between the principal holder and the bank, and the add-on card holder’s card was dependent on the principal holders and its issuance/termination is dependent on the status of the principal holder, under which legal provision SBI states that all the responsibility of due falls on add-on card holder after the demise of the principal holder, whereas during the life of principal holder, all liabilities of dues of both cards were on the principal holder alone – under which Indian law this antipodal reversal of role is possible when a credit card issuance does not require a mortgage/guarantor;
2. Since it is an unsecured personal loan, thus not covered under SARFAESI Act, under which legal provision the bank declares that on demise of the Principal holder, the estate of the principal holder will be responsible for recovery of dues. I am aware that the exact phrases are used in some of the USA States (not in most), but under which legal provision can the bank make the estate of principal holder be responsible for the repayment of an unsecured personal loan without mortgage/guarantor.
It is important to note that I have seen similar cases with private banks (ICICI) that on reporting demise report with original copy of death certificate, block the card and credit card loan has been waived off and the case terminated.
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