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ghansham das (self employed engineer)     19 August 2009

Ni Act 138 R/w 141-142,compay

Dear Legal Experts,/ Pundits, 

sub-  A Cheque issued against the servicces Rendered which  are  booked by corporate.; is made to 'DISHONOURED"intentionally.   Case is filed with due procedure, Also other dues and deposits promised but are not paid/ returned.? which runs in lacs . Complainant is Sr.Ctzn.now.

pls guide for which are other secions be implemented, in our poor judical delayed system, where in compalinant is fast pershable against non pershable deaf-dump- system , which is foreced to be adopted.? is not wrong.



Learning

 11 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     24 August 2009

BEsides, whatever is done under the N.I.Act, I suggest the following (as an add-on).

 

File a written complaint with the EOW "Economic Offences Wing" of the local police, against the Corporate with a prayer to  "investigate" and "unearth" all the financial irregularities for the last 10 years, stating violations and concealment of the Statutory Taxes and manipulation of Public funds.

 

The EOW complaint will act as a leverage against the corporate.

 

Keep Smiling .... hemant

1 Like

Dharmesh Manjeshwar (Advocate/Lawyer)     24 August 2009

Mr. Ghansham I hope u have roped in all the Directors who are responsible for running & managing the day to day affairs of the said Co., in ur 138 N. I. Act complaint. 

It's really sad that the law machinery works so slow in our country that one has to suffer so much to get one's own hard earned money from crooks .... Well as an add on u may opt for Mr. Hemant's advise or file civil suit for recovery of ur outstandings. But don't expect miracles ... everthing takes it's own sweet time .....

1 Like

Anil Agrawal (Retired)     30 August 2009

 Works slowly? Read this:

175 years later, West Bengal case goes on and on

The wheels of Indian justice grind slowly, but there are times when they don't move at all — as has happened with the record-breaking case of an erstwhile Bengali royal family's proverty...

1 Like

ghansham das (self employed engineer)     30 August 2009

Dear Dharmesh ji,              thanks fr response.

I hv not implicated directors, but A person who entered corporate can not ignore it also.

since the corporate is responsible not only for payments, but also for punishments,

for eg.

intensional, common act, with  malafide grabbing scenario, will hv to call / give a chance to clearify the status of the chair person -seating over that post can not be said as implecated the directors, when their manager says its under the frame and policy decision of the company.the CEO/ PRESIDENT/ETC  are not small local plateform travellers on railway stations.

Hope my thoughts will gv some more guidance.

i am positive thinker only but can not wait for indefinitely, as I heard some noise think positive.pls.

law has to be corrected,at once.

ministry can nt be allowed to sleep over.    

 sufferes are to be compensated with the cost of min. ten time the values. let the compnies who plays fraud be shut down.

 

 

ghansham das (self employed engineer)     30 August 2009

A case is filed in 1972-1974,in High court, 17 times the appln of CHS/ NM is drawn along with contempt petitions, but all in vain. No heed .

Family dispute amongst partners raised.  All TEN partners died. legal heirs can not effords to go to court, possession with others, un accountable, ignored by responsible courts, ??

Consent terms is filed, which is endorsed by Court too.

 

Can court be not held responsible as not / unable to act and control-safe guard  the share, asset value, safe guards the property inpite the drawn attention/ 17 times the Notice of motion, chamabbrs summons, contempt petition is filed, in the same high court ?????

 

 

It will amount to bad eyes sight of the judical focus.?

ghansham das (self employed engineer)     30 August 2009

Thanks dear , Hemant,
I am new to this site, trying to learn legal questions, sincec got implecated in the jaws of injustice.

thanks fr yr advise.

rgrds. pls mail me directly too.?

 

ghansham das (self employed engineer)     03 September 2009

Dear All Experts in the club:-

Pls ans- in gen. interset of Public-    Fairly ;;-

Can Any one say - what should be time limit for 138 -141- case, ??          . A fast track appointed courts for NI Act-138 ;       are for  how many days? [ 60-90 days disposal must be made }

Can "stay" granted by Higher court  is valid before the trial not  started even ?

How court has acertained the inoccentness of the director / in advance?

Your rreply will help many ? pls gv citation?

 

ghansham das (self employed engineer)     03 September 2009

Dear Mr hemant,     thanks fr yr advise.

Hw  a Local Police stn will look in the corporate offence wing,?

Its great questions, since police do hv limited knowledge,

in such affirs, the matter was refered too.

 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     04 September 2009

Mr. Das:

I never did mention "corporate offence wing"

I mentioned  "Economic Offences Wing" (EOW).  Every district police commissioner's office has a EOW, who are appropriatly qualified and competent to handle and unearth the financial nusisance and violations by corporates / individuals.

In Mumbai, the Police commissioner's office building as a EOW, unit.  You may like to check out the mumbai police website (www.mumbaipolice.org) about the aspect and prospect with EOW.

Regards your series of other questions,  I would say even though there are various time limits for such courts, BUT they cannot be followed in spirit due to various administrative difficulties.

Keep Smiling .... hemant

 

ghansham das (self employed engineer)     18 September 2009

Dear Service legal manager, 

"I hope u have roped in all the Directors who are responsible for running & managing the day to day affairs of the said Co., in ur 138 N. I. Act complaint. " It's really sad that the law machinery works so slow in our country that one has to suffer so much to get one's own hard earned money from crooks .... Well as an add on u may opt for Mr. Hemant's advise or file civil suit for recovery of ur outstandings. But don't expect miracles ... everthing takes it's own sweet time...

sir,

I hv not roped any director since they are on board, very well all time available hence its primefacie duty bound responsibility to make aware which was brought to the notice,

This is no way any where wrong.

No intention at all to rope[ = means to harass any one ]?  citing  I as complainant can't  act  as judge, to come on the way to halt the process before even trials are not started. sorry .????

I dont hv time to act for this- is D last for any learned /educated person like me but not to allow to grabb my money?.

After this also if Judicary comes on way of  its judicial norms under heads of "Inherent powers vested " with Hi court, its to be            with-drawn .

Let you all experts team make some plateform / or come to forum level.     Deciding  such  issues ???

 

ghansham das (self employed engineer)     18 September 2009

This citation gives me a clinker- Ministry of law / corporate/ can effords to sleep over some of the life after passing genration and gens.???

For simple reason- You have to redress your judicary system which is rotten, damaged,not workable, not fruitful at all for justified peole/ citizens. After all what is the demand of a dispute- to hvae early/ earliest settlement?

it can reach with in a specified time/ mark- two reply only, third will hve to be pasted with cost.

further extension will be highly pasted.   will come to conclusions.

But since the leaders as applicant are mainly not envoleved in to it, but try and take the shelter of judiciary is the means to keep judiciary levels in the old forms/ formate of 250 years and morre which are not workable at all.

 

 

 


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