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Queries Participated

Amresh   28 August 2013 at 16:06

138 of nia

Dear All,
Mr x have deposited a cheque of Mr. y and that cheque was returned unpaid. X sends a legal notice through Advocate to y and on that Advocate have mentioned that your cheque have been returned unpaid due to the reason 84 i.e., signature mismatch and overwriting. There is insufficient fund also.
Bank statement of y clearly shows that there is insufficient fund on that date. But on notice advocate have not mentioned that return is due to reason 1 i.e., insufficient fund. Did on the basis of clerical mistake of advocate by not mentioned no. 1 x will loose the case.
My second point is that later on y submits a letter from his bank stating that cheque was returned due to reason 84 i.e., overwriting and signature mismatch and at the same time x is also having certificate from his banker stating that cheque was returned due to reason 84/1 i.e. due to insufficient fund and signature mismatch/overwriting. What will be the position in court taking in view that bank statement is showing insufficient fund.

Amresh   26 August 2013 at 08:47

fir

Dear all,
Please let me know the ways and where the FIR can be queshed.

Amresh   26 August 2013 at 08:43

compromise

Dear All,
Please answer my question with base of it if possible:
Whether compromise amounts to convection, specially in case of 138 of NIA.
If yes, which party will be assumed to be convicted in the eye of law.

Amresh   08 August 2012 at 21:23

Divorce case

What are the prerequisits to get the divorce on the ground of cruality. How to proceed with it so that it can ber teken in least possible time. Keeping in mind that wife is not ready for divorce rather she is interested in harrasing till death. Is there any criteria of desertion period before filing appl;ication for divorce? Please let me know in detail.
Thanks

Amresh   05 March 2012 at 19:19

Agreement through email

Sir,
X(Purchaser) have sent an agreement to Y(Seller) by email and Y confirm it through email. Will this amount to valid agreement. What will be the position in court of law in case of dispute.

Please give reply at earliest.
Thanks

Anonymous   04 June 2010 at 14:13

Purchase of Residential House

I have made agreement with seller for purchase of house. I have paid Rs. 100000/- (89000/- by draft and 11000/- cash) as part payment of the agreement. In agreement it is said that I will get this house registered in my name otherwise token amount will be forfeited. There is no clause saying that the agreement will be cancelled after three months. As seller not cooperated i couldnot get bank finance as necessary noc's not provided by the seller to me. Now seller have sold that house to someone else and that other person have got that house registered in his name. this was done before 3 years of agreement. I have filed a case before 3 years of agreement date for specific relief. Now what is my position?

My other question is that grounds of the case have been finalised by the court before one and half year. After passing the order that judge transferred and new judge came, now i have already filed my affidavit of BAYAN's etc. and copy of the same have been delivered to respondent's representative but the problem is that new judge is not taking the matter on record since last one and half years. What can be done. Is it necessary that only advocate can file an application for transfer of case. Can Plantiff on its own file a application for transfer of case to avoid unnecessary cost?

Please reply, if possible with case laws.
Thanks