LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

P.S.Subbaraman   26 November 2009 at 07:43

Banking Law

One of my clients had obtained a cheque for the sum that he had lent . The signatory to the cheque died and the family members of the signatory due to shock did not intimate the bankers of the death . The cheque got dishonoured due to insufficient funds ? The other side contends that the cheque has become stale after the death of the signatory? My client's contention is that the validity of the cheque is for six months period ? Is there any way out for my client?

Anonymous   26 November 2009 at 01:17

Matrimonial case

The story of the wife attracts sections of misappropriation, criminal intimidation, harassment, abetment to commit suicide and dowry harassment.

Now if a police complaint is preferred is it advisable to give one single complaint for all offences or give separate complaints for the offences relating to separate laws i.e., IPC and Prohibition of dowry.... act. for all the incidents mentioned above jurisdiction is at one and the same place falling under one police limits.

Rekha Rao   26 November 2009 at 01:10

Eviction and purchase of house

My father-in-law has inherited a property(residential house) from his parents. He is the sole inheritor of the same. The property is in Jamshedpur, Jharkhand.
The property is rented out to a family since the past 20 years. There is no formal rental agreement between the parties. It is a mutual agreement that the tenant deposits a decided amount in the account of my father-in-law.

Recently my father-in-law retired and wanted to sell the property so that he can invest the money in Bangalore. My husband proposed to purchase the property from him(as in future he wants to settle in Jamshedpur). My father -in-law went to Jamshedpur and met the tenants and asked them to vacate the house within 3 months.The tenants expressed their interest in purchasing that property.


Question 1: Does the tenant have any right(s) to not vacate the property and claim that to be his own or ask compensation?

Question 2: Since my father-in-law is interested in selling the property to my husband. Is my father-in-law bound to sell it to the tenant? Can the tenant contest if it is sold to my husband?

Kindly suggest what can be done
Thank you for your valuable time.

Prashant Kolte   26 November 2009 at 00:25

DVact-Property locked?

Sir,I am Prashant,after 12 years of marriage,my wife has filed Domestic voilence petition against me in may 2009.To avoid future arguments with wife, from that day, I left my home & staying in rental place(same city) with my mom-dad..She demanded 3 things in petition...first 2000 rs monthly for my 2 kids(age 11 & 8 yrs).2nd 10000 rs monthly for her expenses..3rd permanent order from court to me that I will not sale my flat(where she is staying now with 2kids) in future...Trial is going on..But court gave intrim order 1st..2000 rs mnthly for kids...2nd order-till the result of this case,I can not sale my flat in which she is staying with my 2kids..3rd-do not remove her from my flat..All other demands of her has been rejected by court.Sir,I did B.E & MBA.Presently I dont have any job or not doing any business bcz for business I dont have funds.Also I took loans from various sources like personal loans,credit cards,car loan,amount from friends & relatives before this case..For paying all loans amount 14 lac Rs & to do business,I wanted to sell my flat(approx cost 20lac Rs) but wife did not agree with me.She need security right now & dont want to support me for selling my flat.She asked me to take money from your father who is capable but I can not do this.This is the main cause for her to file DV petition.I am the single owner of flat not jointly holding with wife.But she demanded to court the order that i will not sell flat in future.She also submitted papers showing various property in the name of my father & mother.But I have no option to sell flat & have cash for paying loans & also for livelihood expenses of me & my family.
My query is Can court at the time of final result give me order that I can not sell my flat (in which she is staying with my 2kids) for long life?Is it possible that I will arrange rental accommodation for her,rent will be paid by me & sell the flat?What are the remedy available for me?Bcz I need to sell my flat to pay loans & livelihood expenses.There is no option for me except to make suicide.Can any law of India grant me permission to die?
Please advice me in this regard.I would be greatfull to you .Eagerly waiting for your opinion.
Regards,
PRASHANT K.
25.11.2009

Member (Account Deleted)   25 November 2009 at 23:01

Surety

Can an ADVOCATE be surety for bail of his client in a police station (W/A bailable)?
Does it amounts to misconduct?

joyce   25 November 2009 at 22:23

confused

Dear Experts ,whether law n its procedural code is important or the superme court reports, ILR's, or other such decided reports important? Since Judgment is issued on SC report and the main specific law is ignored by Judge.What to do with such judges. even though v get redress by appeal, what about judges altitude?

V.V.RAMDAS   25 November 2009 at 22:01

Sanction of higher police officer is required non-cog cases

Dear friends,
In non-cog cases sanction of higher police officer is required for submission of prosecution report before the court to take congnigence by the judicial Magistrate against the offence - under what provision or where the provision is laid down ?

Chintan   25 November 2009 at 21:50

Tax Planning for retired personnel

A person retired from government job in the year 2008-09. He received salary arrears from January 2006 to September 2008 in the year 2009-10. This additional salary which he has received is taxable in A.Y. 2010-11. suggest,How can he plan the funds to reduce tax liabilities. Where can he invest to get maximum tax benefit.

Shivom Jindal   25 November 2009 at 20:57

EQM Creation

What documents to be kept on record by a Bank to satisfy that EQM has been created and its lien has been notified with the revenue authorities.

Shivom Jindal   25 November 2009 at 20:37

EQM V/s Register Mortgage

Hello members, i need some information regarding EQM and RM. When any of these is required by bank while granting a loan. What are the documents to be looked at for confirming that all the legal requirements have been complied with.