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kaya (manager)     22 February 2015

138 ni act clarification

RESPECTABLE CLUB MEMEBRS, SEEKING CLARIFICATION FOR THE FOLLOWING. IN CHQ BOUNCE CASE

 

1) VAKKALATHU NAMA- SIGNED BY THE COMPLAINTANT IN THE YEAR 2006-COUNCIL ACCORDINGLY

APPEARING IN THE COURT SINCE FROM 2006 TO 2015. AT THE FILLING STAGE ONLY ONE TIME COMPLAINTANT APPEARED IN THE YEAR 2006. AFTER THAT COMPLAINTANT EXPIRED IN THE YEAR

2011. BUT THEIR COUNCIL DECLARED THE COURT IN THE YEAR JAN2015 AT THE SAME TIME ASKING

SUBSTITUTION OF HER DAUGHTER( COMPLAINTANT HAVING WIFE AND TWO DAUGHTER) ONLY ONE DAUGHTER FILLING THROUGH SAME ADVOGATE AS SHE IS THE ONE OF THE DIRECTOR OF THE FATHER COMPANY. FATHER EXPIRED IN THE YEAR 2011 NOW I WANT TO RUN THE CASE AS THE ONE OF THE AUTHORITY OF THE FATHER CO.

 

2) HERE CHQ ISSUED TO COMPLAINTANT ON INDIVIDUAL CAPACITY BY ANOTHER INDIVIDUAL...

NO COMPANY INVOLVED IN THIS TRANSACTION.  THEIR FATHER ALIVE THE SAME ADVOCATE ALSO

REPLIED ON INDIVIDUAL CAPACITY. NOW MAGISTRATE ALLOWED IN THE ANGLE SHE IS THE DAUGHTER...

MY DOUBT

 

3) VAKKALATHU NAMA WHETHER VALID EVEN AFTER DEATH OF COMPLAINT IN THE YEAR 2011.

TO 2015.

4) IF OK NO PROBLEM OR OTHERWISE HOW CAN WE INFIRM MAGISTRATE COURT ANY JUDGEMENT OR ANY SPECIFIC LAW AND RULES AVILABLE FOR CRIMINAL CASE .

5) ALL TRANSACTION ON INDIVIDUAL BASIS.. HOW AS A DIRECTOR OF FATHER CO SHE CAN INVOLVE TO CONDUCT THE CASE. IF ON INDIVIDUAL CAPACITY ALSO REMAINING LEGAL HARIER TO BE AUTHORIED..IT IS CORRECT OR NOT... IN FATHER COMPLAINT IN THE COURT ALSO AT THE TIME OF FILLING IN THE YEAR 2006 NO DETAILS NOTHING ABOUT THEIR COMPANY....

 

KINDLY SUGGEST AND MEMBERS PLEASE QTE ANY REFERENCE AND SUGGESTION....THANKS.



 4 Replies

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     22 February 2015

Complainant can be replaced after death by living relatives.

 

Vakalatnama mistake is minor and after filing fresh one it gets cured.

T. Kalaiselvan, Advocate (Advocate)     23 February 2015

The LRs of the deceased can conduct the case on behalf of the deceased in the capacity of LRs.  The further matter posted here are to be taken up during trial as well as argument.

SAINATH DEVALLA (LEGAL CONSULTANT)     26 February 2015

Dear Kaya

U R saying that it  is Father's company , and as Director of the said company , she can persue the case. If U can give the details of the entire transaction, U can get a better solution from the experts.

kaya (manager)     27 February 2015

katten shri sainath devaalla

 

1) complaint filed ni 138 act in the year 2006, till 2015 theiir council only appeared, complaintant not appeared in single hearing. for the all hearing date till 2015.

2) suddenly complaintant advocate filing pettion jan 2015, complaint expired  in the year 2011.that is

after four year.

3) all transaction on individual basis....all legal notice issued by the complaintant on individual, chq also individual name, no company involved....

4) complaintant legall herier three person his wife and two daughter

 

how only one daughter can subtitute to conduct the case instead of father, that too on co she is one of the director... how co involve...

please seek ur opion and from members.

 


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