Present 138 Com before cause of action

Querist : Anonymous (Querist) 04 May 2010 This query is : Resolved
138 Compliant present court before cause of action arise ( that after given notice file in 10 days ) .
on present compliant court given next date for 200 crpc Evidence and cognizance after Three month.

On given cognizance’s court made objection for on the point of pre present before cause of action ( compliant present after 10 days form Notice Date).

Now court given next date for cognizance argument.

Please advise me Higher court on point of that “ court may given cognizance after cause of action and pre machour present desion on merit. “

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ESTHERPRIYA (Expert) 04 May 2010
you can approach the high court to transfer the case to another court. There is even writ remedy available.

Querist : Anonymous (Querist) 04 May 2010
Thanks Sir,

But my querery is regarding “ court may given cognizance’s on pre mature compliant ( Date of Notice u/S 138 on 15-01-2010 and complitant filed on 25-01-2010 on next hearing date 01-05-2010 court made objection point of per compliant of creat cause of action now court given next date for argument on cognizance.
What desion of higher court of Rajasthan & Superme Court in favor of Compliant.

Before Thanks & Regard’s

Arvind Singh Chauhan (Expert) 04 May 2010
138, Proviso(c), 139- Notice- sought to be served on 07-05-2000- Complaint filed on 09-05-2000 was totally premature- Magistrate proceeded impugned -judgment unsustainable and set aside-SC- SARAV INVESTMENT & FINANCIAL CONSULTANTS PVT LTD V/S LLYODS REGISTER OF SHIPING INDIAN OFFICE STAFF PROVIDENT FUND AND OTHERS -decided on 11-10-2007.

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