Jitendra Raval
03 April 2009 at 19:58
Complainant has filed only statement of accout of the accused which she obtained from the concerned bank through some ways. Can it be allowed as an evidence? There are accouting entries of two cheques in the statement. Will it be sufficient to prove the debt? or complainant can be asked to produce another supportive evidences? what will be status about "Legally enforceable debt"
Jitendra Raval
03 April 2009 at 19:52
Can accused be exempted from remained preset during proceedings as the accused is placed 700 km. from the city complaint filed. It is very difficult to get mode of transport and he is working in a nationalised bank.
What are the remedies for the accused. Plase suggest caselaws if any
Jitendra Raval
03 April 2009 at 18:07
The complaintant sent the legal notice to the accused. It was the inter state communiction. i.e Gujarat and Maharashtra, The complainant written the address on the BOTH envelop in Gujarti Language and numbers mentioned in the address was also in Gujarti language. The notice was send through RPAD AND UPC. The postal department has admitted in writing that the particular intimation given to flat no C-103 instead of C-703 and hence remained unclaimed and returned to the sender after prescirbed period. Non of the notice was received by the accused. The complainant filed complaint under S.138.
1. Is the confirmation by the postal department itself about the wrong intimation of the envelope will be sufficient defence for accused?
2. Regarding notice send by UPC since the address was written in same way not delivered to the accused. Is accused Safe?
03. Can accused file complaint against the postal department in Customer redressal forum for the damage caused to the accused for such non delivery?
04. What are the rules of postal department in such inter state communicaion?
Kindly suggest the related caselaws subcribe to your answer if any.
With regards to all.
Prabhat K Srivastava
03 April 2009 at 15:45
Dear all,
pls resolve my one query that whether an arbitrator appointed as per existing arbitration clause will be sole forum for entire disputes, either civil or criminal, arise in respect of an agreement? Pls specify in case of criminal offence related to the agreement, in which mere arbitration remedy is available, what will be the course of action?
regards
Prabhat
k gowri prasad
03 April 2009 at 12:04
Dear Legal Fraternities,
I am the new member of this Club. It is a good opportunity to learn new things & clarify doubts about legal issues.
With reference to the subject, can any individual eligible for double employment as per law? (i.e. one job in government & other is private organisation or insurance agencies?
Waiting for your positive reply.
Regards,
Gowri Prasad.K
deepak
03 April 2009 at 10:35
Respected Sirs,
Is display of lyrics of any song (i.e. work) on website is legal or illegal?
[Owner of the website who display such work on its website does not have any copyright in the work]
If the act of website owner is legal then it needs to pay any amount to the copyright owner for such display of work?
If the act of website owner is illegal then what remedies available with the owner of the work?
Regards
deepak
N.K.Assumi
03 April 2009 at 09:17
Motor Vehicle (TATA SUMO) Insurance policy for third party stipulates as under:
1. Permium of Rs.16,500/-
2.Seating capacity: 10+1
3.Limitation as to use:
Use only for social domestic and pleasure and for the Insured's own business.
This policy does not cover the use for hire or reward or for organized racing pacemaking etc.
Cerificate issued in accordance with the provisions of chapter X & XI.
Accident occured during the validity of contract and passenger injured with spinal cord.
STA issued Contract carriage with seating capacity: 8+1.
Can Insurance company claim that there was breach of Insurance contract?As the vehicle was used for contract carriage as hire and reward?
I find the document as a double tounges policy. Any suggestions? Please give your views.Thank you all in advance.
Rahul
03 April 2009 at 07:23
Sir can you suggest me Book of Company law and Labour law so that i can strong my basic and helpful in jobs point of view ?
Prabhat K Srivastava
03 April 2009 at 01:48
Hi, Please let me know the basic differences between Charge Sheet & Show Cause Notice.reply with explanations will be more helpful for me & everyone.
thanks & regards
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NI Act S. 138---Case filed before complition of 15 days after notice
The complinant filed a case under S.138 againt accused before complition of 15 days mandatory time available to the accused for the payment.
The complaintant was in a hurry to screw the accused.
The court has already issued the process.
Will it be tenable in the court of law?
What are the remedies to the accused?
Can he approach high court for quasing the process?
Please suggest the remedies quoting cases if any.