Dear sir
My father who is senior citizen has helped his cousin in starting of business of poultry farm and was a dormant partner. Both has to sign cheques for operating accounts. after few days things went wrong and he started ignoring my father. there were two blank cheques signed by my father with partner. he gave them to his friends and filled a big amount in cheque and presented in bank. we were not aware of all this. now he has filed a case under 138. My father cousion and this man are doing things together to trouble my father. we are from haryana and he has filed case in punjab. my quarries are
1. is getting bail in interstate matters is difficult
2. cheque was signed in 2015 and filled and presented in 2017.
3. can we file an FIR or criminal case against both in local court.
4. the complaintant has claimed that he has supplied feed for poultry for which cheque was given. although we came to know that this man was never in such type of business. he has not produced any bill etc of supplied food or sale tax given.
5. Is there any sale tax/GST on poultry feed supply so that we can ask him for proof of supplying
6. can we ask for transfering the case in local jurisdiction instead of fighting in other state
regards
Dear Experts,
I got a legal notice with the following allegations:
(1) All of you (notice addressed to four members) colluded together to grab the notice schedule property came to the property yesterday (22 Oct 2019) and made attempts to lay a fencing around the property.
(2) The persons who came there is forking their names and descriptive particulars of them and thereby threatened our client to occupy the schedule property at any point of time.
The FACTS are:
(1) On particular day I was not at all present on that location. I was actually staying in Hyderabad and which is 500 Km away from the claimed location. I can also prove that I was in Hyderabad, because the same day I had a doctor's appointment in Hyderabad. Also none of the person addressed in the Legal Notice were present and they were officially present on their offices on that particular day.
What action I can take for the baseless allegations?
(1) Is the allegation be considered as criminal or civil in nature?
(2) Can I ask for unconditional apology for the baseless allegations?
(3) Can it be considered as a damage and can I file a Suit?
Please suggest
Thanks in Advance
Hello dear lawyers,
Order 2 rule 2 of cpc states that (2) Relinquishment of part of claim: Where a plaintiff omits to sue in respect of, or intentionally relinquishes, any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.
Does it applicable on defendant also?
I mean if plaintiff intentially left a claim which was against him and defendant needs to file a new case.
Can defendant file a fresh suit to prrove his point or to proove forgery of documents?
Sir
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