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ADVOCATE NITIN KAPOOR (Advocate)     09 July 2014

Demand of legal notice

In civil suit we serve legal notice of demand ...... do we need to ask for same demand in prayers of suit or we can ask for more also..... Give views backed with authenticity



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 7 Replies

Sunil S Nair (lawyer)     09 July 2014

Who do you think you are asking question to experts in such a manner your expression of words displace disrespect towards this forum members, do your own self study

 

Whats this

..... Give views backed with authenticity

 

 

ADVOCATE NITIN KAPOOR (Advocate)     09 July 2014

Sorry for this language but im very confused thats why i hv asked for some case law or law .......... i will be highly obliged if u could help me out 

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     09 July 2014

Ur query not clear. We send demand notice to give opportunity to defendent n on his failure file suit. No prayer of demand but to court to order recovery.

Sunil S Nair (lawyer)     09 July 2014

Notice of demand is given in Negotiable instrument cases 138,A legal notice on behalf of payee is issued to the defaulter, within 30 days of dishonor of cheque, by registered post acknowledgement due. All facts including the nature of transaction, amount of loan and or any other legally enforceable debt against which the said cheque was issued and the date of deposit in bank and date of dishonor of cheque should be mentioned in the notice. The person who has issued cheque is directed, through the notice as mentioned under to make the payment of amount of dishonored cheque within 15 days. In case the said payment is made within 15 days of service of notice, the matter ends.   In case the said payment is not made within 15 days, the complainant should file a criminal case in the court within 30 days from the expiry of notice period of 15 days.  

Now according to recent SC direction the cases falling under the said act as to be tried within six months

ADVOCATE NITIN KAPOOR (Advocate)     09 July 2014

In recovery of money civil suit, i had demanded Rs. 50000/- but now i want to demand Rs. 1,00,000/- in the suit can i do so???? or i have to remain stick with Rs. 50000/- only 

Sunil S Nair (lawyer)     09 July 2014

You should be able to prove the same before honorable court the dues 

ADVOCATE NITIN KAPOOR (Advocate)     09 July 2014

Thanks sir, 

do u have any judgement regarding this


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