sivasankar
30 January 2010 at 11:46
Hi,
I am working in private concern. I know raj for some time, and he is doing various business. I have given Rs. 1 Lakh as debt for his business requirements at nov 2008.
A pro-note is written in the white paper promising an interest rate of 18%. A revenue stamp is affixed and Raj signed it across the revenue stamp at nov 2008. He has given the monthly interest for 9 months till july 2009 only by cash. At july we demanded the full 1 lakh in return for our medical purposes.
He has given Rs.25000 in cash at sep2009, and promised to give the remaining amount within a week. But after that he has given neither the remaining principal amount nor any interest.
At oct 2009, he has given two cheques, one for Rs.25000 and another Rs.50000. I have deposited Rs.25000 cheque to the bank, but bounced back because of signature error. After that I noticed that he has signed the pro-note and the cheque in same way. If the signature in cheque is in error, then the signature in pro-note is also a wrong one.
Now we have the fear that he might cheat us not giving the remaining principal amount, because he has wrongly signed in the pro-note and cheques. Also, he has shifted his house, and we don't have his new address. Also, he is not taking the phone calls from us.
Now I have the following questions...
1. The pro-note has one witness from the neighbour, and it is not registered anywhere, and no attorney has attested it. Please tell me if this pro-note is legally considerable or not? The witness will support me for any legal activities.
2. Also, The cheques are bounced back, not because of insufficient funds, but because of signature error. Is this considerable for punishment under cheque dishonour?
3. I want to file two suit, one for not paying the principal debt, other for the cheque dishonour.
4. I want to know what are the ways to legally recover my principal amount.
5. Should I file a criminal suit or civil suit or both against him...also I heard that civil suit will take sometime to come before hearing...also what is the litigation charges i have to bear.......
Please help me.....
sivasankar
30 January 2010 at 11:44
Hi,
I am working in private concern. I know raj for some time, and he is doing various business. I have given Rs. 1 Lakh as debt for his business requirements at nov 2008.
A pro-note is written in the white paper promising an interest rate of 18%. A revenue stamp is affixed and Raj signed it across the revenue stamp at nov 2008. He has given the monthly interest for 9 months till july 2009 only by cash. At july we demanded the full 1 lakh in return for our medical purposes.
He has given Rs.25000 in cash at sep2009, and promised to give the remaining amount within a week. But after that he has given neither the remaining principal amount nor any interest.
At oct 2009, he has given two cheques, one for Rs.25000 and another Rs.50000. I have deposited Rs.25000 cheque to the bank, but bounced back because of signature error. After that I noticed that he has signed the pro-note and the cheque in same way. If the signature in cheque is in error, then the signature in pro-note is also a wrong one.
Now we have the fear that he might cheat us not giving the remaining principal amount, because he has wrongly signed in the pro-note and cheques. Also, he has shifted his house, and we don't have his new address. Also, he is not taking the phone calls from us.
Now I have the following questions...
1. The pro-note has one witness from the neighbour, and it is not registered anywhere, and no attorney has attested it. Please tell me if this pro-note is legally considerable or not? The witness will support me for any legal activities.
2. Also, The cheques are bounced back, not because of insufficient funds, but because of signature error. Is this considerable for punishment under cheque dishonour?
3. I want to file two suit, one for not paying the principal debt, other for the cheque dishonour.
4. I want to know what are the ways to legally recover my principal amount.
5. Should I file a criminal suit or civil suit or both against him...also I heard that civil suit will take sometime to come before hearing...also what is the litigation charges i have to bear.......
Please help me.....
Anonymous
30 January 2010 at 11:34
pls provide me formate of debenture subscription agreement as early as possible pls .................
NAIYAR JAMAL KHAN
30 January 2010 at 11:11
What is meant by “Non-performing assets” as per NBFC Prudential Norms?
jasvinder
30 January 2010 at 11:03
the applicant sold flat on april 2008 for rs 12 lac which was purchased on 2000.01 for rs 5.25 lac now applicant want to invest the amount in new flat and installment starts from april 2009 the amount of flat is 27 lac.will the applicant get deduction or not.the applicant deposited the sale amt of rs 12 lac in his saving account booked a flat on april 2009 and paid installment of same in april 2009 - 100000, jan -2010 - 100000,and will deposit 400000 lac upto mar 2010
please give your valuable advice
vijay dhiman
30 January 2010 at 09:48
DEAR ALL
PLS DEFINE CHA SERVICES IN SERVICE TAX ACT
Selvam Perumal
30 January 2010 at 09:32
Dear Sir,
Kindly clarify the following points:
In a Pondicherry State if the parties are Christians and the Wife and her children
intends to file a suit for declaration of legal heirs, whether she has to
implead her mother-in-law (as we implead under Hindu Succession Act).
Kindly clarify this point, Sir.
Thanks and regards.
Ranganath
30 January 2010 at 08:44
Ld Counsels,
If the complainant is proved to be making contradictory statement will it vitiate the prosecution.
Pls clarify
ballly jaiswal
30 January 2010 at 02:20
ONE person was driving his car on a speed of 80 to 90 kmph on the highway..his car collided with a pedestrain who came surprisingly in front of the car which was on the above mentioned speed. there was no legal crossing or intersection on the road..even the place of such accident was not crowed means to say car met with accident on the lonely place....the car driver called the police and also ambulance but the pedestrain sccumbed to his injuries before ambulance arrived.. the police came on the spot and registered the case against the car driver under section 304A as death by negligence and also under section 279 of IPC.. my question is that such person who is driving is liable under charges imposed upon him... as on the highway there is no legal crossing or intersection....also inspite of the fact that accused himself called the polie and ambulance without refering to the option of escaping as the place of accident was lonely...though such accident was caused by the nature...can the accused escape the liability under these section if there is possibility..then plz suggest some grounds and also supported jugdments...
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limitation act
Respected sir,
whether state can take plea of adverse possession against their citizen and if yes than wheather govt. can be anyhow against against them and what about land aquisition act and if yes than Could anyone please help me with the recent judgements along with refences given in cases of Adverse Possesion by Supream court.
Seeking for free advice...thanks , sachin agrawal advocate .