prabhakar singh's Expert Profile

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rashisharma says : Sir Please help me!!
One of my friend was working with an MNC as International Sales Manager. He worked with that company for 2.5 years. He resigned one month back. But the Company's Director didn’t want to let him go as the company will suffer business loss due to his resignation. After many ifs’ & buts’ he finally resigned and his resignation was accepted by the Director and clear off full & final dues from the Company. Now the Company's Director want to investigate the reimbursement of expenses taken by him during his employment period. Although it's a part of his salary package. Director start checking out each & every Travelling Bills, Conveyance Bills, Hotels Bills, Telephone Bills, Food Bills, Medical Bills, etc claimed by him as reimbursement from the company. If any fake bill was submitted & found during that investigation, the director will sue him for Fraud. As discussed with him (My Friend), he told me that during his employment period he submitted all bills correctly (original copy) EXCEPT Medical Bills (For medicines). He submitted fake Medical Bills including a fake VAT number on it total of Rs.8000 (Approx) during the period of his employment and usually other employees were also doing the same practice in the company. NOW MY QUESTION IS : WHAT ARE THE LEGAL ACTIONS CAN BE TAKEN BY THE DIRECTOR AGAINST HIM? WHAT PENALTIES & PROSECUTION HE CAN FACE UNDER LAW? HOW CAN HE SAVE HIMSELF FROM THIS? Thanks

SANDEEP says : hindu ancestral propety case query
hindu anscestral property query Hello Sir, Please could you help me sir, 1. i want How much minimum property value which we want to file a case in district court? 2. shall file case of some property with one lawyer and in future some more property with another lawer is it prosible? Thanks in advance. sandeep

shalini mishra says : Need Your Guidelines
Sir, Its a humble request to you that please advice me. Details are as below- Sir my family is staying at Rudrapur, Uttarakhand because my father is working here. I am working at Kanpur, Uttar Pradesh and living alone there... My marriage took place on 13/02/11 at Kannauj,Uttar Pradesh. My wife belongs to Kasganj, Uttar Pradesh... On 15/02/11 we came to Rudrapur Uttarakhand for marriage ceremony. On 17/02/11 my wife went back to her parents house... After some time she came back to me at Kanpur (because i was working there.)... On 17/09/11 she made an FIR at Mahila Thana, Kasganj under sections- 498a,313,323,504,506 and DPA 3/4 against my whole family (6 members)... On 02/10/11 she took it back by giving an signed AFFIDAVIT to the police... Police submitted FR & XPUNZ report to the ACJM Kasganj on 07/11/11. Court issued summons to her but she never attend the court... After 3 years, on 16/05/14, she re opened her case at ACJM Kasganj.Judge recorded hers and 2 PWs statements under crpc 200 & 202... She gave a statement in court- "MY HUSBAND AND MY MOTHER IN LAW USED TO DEMAND 5 LACS OR A CAR. BOTH TORTURED ME PHYSICALLY AND MENTALLY."... These 2 PWs not her relatives and residing at a long distance from hers house... Judge opened the case under 498a & DPA 3/4 against me and my mother only. Removes all other names and sections... I filed criminal revision at Session Court.Now some points are--- 1) As court issued summons to her as soon as FR & XPUNZ report received, but she neither received summons nor attend the court, while she was working in the same city. If she had problem with police report she had to approach to ACJM immediately... 2) As she is staying with her parents and working there, why did she not approach the court as police submitted FR & XPUNZ report to the ACJM court... 3) As in her statement recorded at ACJM she made a general allegation of demanding dowry. She did not made any specific allegation against us Like--- i) Exact date and time,When we both demanded to her??? ii) Exact date and time,What we tortured to her??? 4) As hers parents did not become PWs. These 2 persons who are PWs are not relatives to her and staying very far away from hers city. If we demanded dowry why hers parents did not become PWs??? 5) As she was living with me in Uttar Pradesh and my parents were living at Uttarakhand. How can my mother tortured to her? as Supreme court told that those relatives of husband can not be accused living at another states or a long distance away... Sir these are points that comes in my mind. What is the probability of success of mine in this case?

sita ram s says : PLEASE HELP ME IN 138 NI JUDGEMENT
Hi Sirs and Friends, Hoping that you all are fine and doing well. Myself is the complainant and sole proprietor of one firm. I filed 138 NI in lower court and judgment came against me, even complaint is genuine and all the payments made to accused through bank transactions. In last, reply arguments one memo submitted by my advocate which was mentioning all the exhibits in tabular form for better understanding to the judge as accused submitted so many evidences during DW1 stage. Here is the summary of the judgment. Point for consideration is whether the complainant proved the guilt of the accused beyond all the reasonable doubt for an offence punishable U/s 138 of N.I. Act? The answer to the point is NEGATIVE. The complaint shall fail on three grounds. They are: GROUND NO. 1: 1. Complainant is not payee or holder in due course of the subject cheque Ex. P2 and therefore complainant is not competent to file the complaint. -Referred Sec. 142 (a) of N.I. Act Cognizance of offences: -Notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974). -In the case of ‘Milind Shripad Chandurkar Vs. Kalim M. Khan and another reported in AIR 2011 Supreme Court 1588, at Para Nos. 21, 22, 23 & 24 of the said judgement. My Exhibits proved: a. The amount transferred from my account, for which statements marked under exhibits. b. In accused’s promissory note my name, my firm name mentioned. c. In one of the exhibit my name as proprietor along with firm name mentioned. My Questions: 1. What steps to be taken further? either should I go for appeal, If so, can I submit more documents in sessions court or can we demand to send summons to bankers for verification the proprietor’s ship matter? 2. Can I reopen the case in session ACMM Court? 3. What are supreme court citations, judgements to support my case? GROUND NO. 2: 2. The amount of Rs. 25,00,000/- was given by the complainant to the accused as his share of investment in the business X Y Z Pvt. Ltd. but not as hand loan. Referred: NIL no reference, citations, judgments or act, etc. My Exhibits proved: a. The MOU between accused and complaint showed that there is no ‘investment’ word used. But in legal lawyer notice, court complaint this ‘investment’ word mentioned come places. b. Accused took money from complainant for processing the loan of X Y Z Pvt. Ltd. but accused didn’t process the loan at all. In this regard Complainant took letter from X YX Z Pvt. Ltd. stating that loan not processed. c. Accused used this money for his personal loan purpose not for X Y Z Pvt. Ltd. My Questions: 1. What steps to be taken further? Either should I go for appeal, If so, can I submit more documents in sessions court? Or can I reopen the case in session ACMM Court? 2. What are supreme court citations, judgements to support my case? GROUND NO. 3: 3. Return of the subject cheque Ex. P2 by the bank as unpaid is not proved legally. - Referred 146 of N. I. Act - That certificate of Ex. P2 is contrary to Sec. 2 (8) (c) and Sec. 2 A of the Bankers’ Books Evidence Act, 1891 My Exhibits proved: a. Accused cheque was CTS and multicity cheque. On the cheque the following mentioned: “Payable at par all branches of State Bank” “Multicity cheque is payable up to a maximum of Rs. 10,00,000/-“ When I deposited the cheque, I got cheque return memo (computer generated memo) stating “Exceeds Arrangement”. b. I submitted the same memo in the lower court as received by me from the bank. But Judge of lower court didn’t qualify the ‘cheque return memo’, because it was computer generated and not having the bank seal and sign. c. Judge also raised objection about the monitory value of cheque limiting to Rs. 10,00,000/- but the cheque amount was Rs. 23,50,000/- My Questions: 1. What steps to be taken further? Either should I go for appeal, If so, can I submit more documents in sessions court? Or can I reopen the case in session ACMM Court? 2. What are supreme court citations, judgements to support my case? 3. What is the meaning of “ Exceeds Arrangement” in this particular case? FINALLY I REQUEST YOU ALL TO HELP ME OUT OF THIS SITUATION. AFTER THIS JUDGEMENT I THOUGHT OF COMMITTING SUICIDE. EAGRLY AWIAITING FOR HELPING SUPPORT. PLEASE SAVE ME FROM THE ABOVE ISSUE. THANKS.

santosh says : Transfer of Property
Dear Sir,mere pitaji Jan 2014 ko Gujar gaye,aur hum jis ghar me rehate hai wo abhitak unakehi naam par hai, 1990 sal me Maharashtra Government ke 10% cultural quta se hume ye flat mila hai,ab ma ke naam per karanekeliye kya karana padega. please Help.

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