138 NI Act
ashish lal
(Querist) 10 December 2010
This query is : Resolved
Mr.A issued a cheque to Mr.B against debt and liability and the cheque was dishonored. Now Mr. B approaches an advocate Mr. C for consultation. Mr. C advices Mr. B that first he would send a demand notice to Mr.A on behalf of Mr. B and then if Mr.A does not pay the cheque amount within 15 days then he would file a complaint u/138 NI Act.Mr.A does not pay the amount and consequently Mr.B through Mr. C files a complaint u/s 138 NI Act [Vakalatnama included]
Now my questions are:
1. When did client advocate relationship started between Mr.B and Mr.C?
2. Can an oral contract replace requirement GPA/SPA?
3. How can a payee or holder due course transfer his right to demand for payment to an advocate through an oral contract?
Devajyoti Barman
(Expert) 11 December 2010
1. When both of them first came into contact.
2.yes
3. If the agreement is valid.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 11 December 2010
Demand of payment is basic right of the holder and any body can demand on his behalf.
Only defferance with an advocate is that his relationship with client is implied and it does not need any proof or contract.
For example in bail cases if the client is in police custody and not able to sign any paper still any advocate if instructed even by any of relative or friend of the accused even orally can appear before any court.
