Sumit Lal
09 November 2009 at 12:09
Respected Experts and Seniors.
In a trial under N.I.Act, I am appearing on behalf of the Accused. I have taken a defence plea that the complaint is premature and is liable to be dismissed.
In the present case the complainant has avered in the complaint that he had send the notice by registered post with A/D. But neither the A/D nor the postal cover has been received by him and he has lodged a complaint before the Postal Authorities.
The complainant amongst other document has exhibited the Notice and the letter (complaint to te Postal Authorities).
Pls note that the notice is dated 06.09.08 and the postal complaint is dated 25.09.09. It is pertinent to mention here that in the letter dated 25.09.08 the complainant has categorically stated that the letter has not been served on the accused and the complaint has been filed on 04.10.2009.
Please bear in mind the dates.
My query is : Whether the complaint has been filed prematurely.
Sumit Lal
09 November 2009 at 12:07
Respected Experts and Seniors.
In a trial under N.I.Act, I am appearing on behalf of the Accused.
In the present case the complainant has avered in the complaint that he had send the notice by registered post with A/D. But neither the A/D nor the postal cover has been received by him and he has lodged a complaint before the Postal Authorities.
The complainant amongst other document has exhibited the Notice and the letter (complaint to te Postal Authorities.
Pls note that the notice is dated 06.09.08 and the postal complaint is dated 25.09.09. It is pertinent to mention here that in the letter dated 25.09.08 the complainant has categorically stated that the letter has not been served on the accused and the complaint has been filed on 04.10.2009.
Please bear in mind the dates.
My query is : Whether the complaint has been filed prematurely.
Ashish Roy
09 November 2009 at 11:52
I'm from Delhi. I've cases against me in Kolkata courts by my wife. She filed a maintenance case under CRPC 125 in Kolkata and took ex-parte order for Rs. 5000 pm one and a half year back. Then, she got an ex-parte final order for Rs. 7000 pm against me again. I put a petition in time and got the final order of Rs. 7000 pm vacated and hearing is on. Now, I did not know about this interim maintenance. Now, my wife is trying to recover that money thru the same court which had ordered this amount.
I WISH TO KNOW IF THERE IS ANYTHING LIKE "AS THE MAIN CASE HAS BEEN VACATED THE INTERIM ORDER STANDS CANCELLED AUTOMATICALLY."
If there is any such reference of any case, kindly let me know. I will be very grateful.
Regards
Ashish
Anonymous
09 November 2009 at 09:02
sir,my client wants to register a hospital witht the authorities,how to register,can it be register under shops and establishments,can it be registered as a firm
Anonymous
08 November 2009 at 20:19
My company (here is called borrower )have taken Term loan from Riico ( Financial Institution)and working capital facilities from Nationalise bank's branch . Riico have first charge on immovable assets of the borrower,and Nationalise bank have 2nd charge on immovable assets of the borrower and Nationalise bank have also 1st charge on current assets of the borrower.
Besides above one pvt. limited company give corporate gurantee in favor of borrower to Nationalise bank against working capital facilities provided by the Nationalise bank to the borrower.
pvt. limited company also mortagaged his immovable assets to Nationalise bank,where as pvt ltd company have not taken any loan from the Nationalise bank .
Is nationalised bank can take possession of the immovable property of a private limited company under sarfeasi Act 2002. who have not taken loan but mortaged his immovable property.
Dharmendra Jain
08 November 2009 at 20:18
My company (here is called borrower )have taken Term loan from Riico ( Financial Institution)and working capital facilities from Nationalise bank's branch . Riico have first charge on immovable assets of the borrower,and Nationalise bank have 2nd charge on immovable assets of the borrower and Nationalise bank have also 1st charge on current assets of the borrower.
Besides above one pvt. limited company give corporate gurantee in favor of borrower to Nationalise bank against working capital facilities provided by the Nationalise bank to the borrower.
pvt. limited company also mortagaged his immovable assets to Nationalise bank,where as pvt ltd company have not taken any loan from the Nationalise bank .
Is nationalised bank can take possession of the immovable property of a private limited company under sarfeasi Act 2002. who have not taken loan but mortaged his immovable property.
Anonymous
08 November 2009 at 19:58
Under the RTI Act can I ask the IT Dept to tell me whether a particular person's house was raided or he was asked to give details of his income to verify whether he has paid IT?
avani.d
08 November 2009 at 17:42
hi,
this is avani and am from hyderabad.we deal in retail and have a store in hyderabad.recently there was a confrontation with one of the dealers in mumbai, as there was a misappropriation in accounts from his side.we put the issue in fron of market heads in mumbai and the dealer agrred he cheated upon with falsified accounts and apologised in front of all of them.there is no proof how ever, of any of the transactions either of the stock or of the money paid with him.but, we have papers in which the dealer agreed upon the payment in his oen handwriting.recently, the dealer came from mumbai to hyderabad with a complaint to the police that we have cheated them of money, and threatened him with calls which was absolutely wrong.the inspector of the local police station called us and as my husband was out of country, i went, and he denied showing me any documents regarding the same and started threatening me with dire consequences saying that the party had come with mumbai police.i was unable to understand how the police can call me without proof.and recently i have heard, that the police cannot involve in civil cases.is this correct.i have the recording of telephone conversations of the dealer, where in he admitted that he manipulated the accounts and cheated us.kindly advice.
avani.d
08 November 2009 at 17:40
hi,
this is avani and am from hyderabad.we deal in retail and have a store in hyderabad.recently there was a confrontation with one of the dealers in mumbai, as there was a misappropriation in accounts from his side.we put the issue in fron of market heads in mumbai and the dealer agrred he cheated upon with falsified accounts and apologised in front of all of them.there is no proof how ever, of any of the transactions either of the stock or of the money paid with him.but, we have papers in which the dealer agreed upon the payment in his oen handwriting.recently, the dealer came from mumbai to hyderabad with a complaint to the police that we have cheated them of money, and threatened him with calls which was absolutely wrong.the inspector of the local police station called us and as my husband was out of country, i went, and he denied showing me any documents regarding the same and started threatening me with dire consequences saying that the party had come with mumbai police.i was unable to understand how the police can call me without proof.and recently i have heard, that the police cannot involve in civil cases.is this correct.i have the recording of telephone conversations of the dealer, where in he admitted that he manipulated the accounts and cheated us.kindly advice.
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Negotiable Instruments Act
Respected Experts and Seniors.
In a trial under N.I.Act, I am appearing on behalf of the Accused. I have taken a defence plea that the complaint is premature and is liable to be dismissed.
In the present case the complainant has avered in the complaint that he had send the notice by registered post with A/D. But neither the A/D nor the postal cover has been received by him and he has lodged a complaint before the Postal Authorities.
The complainant amongst other document has exhibited the Notice and the letter (complaint to te Postal Authorities).
Pls note that the notice is dated 06.09.08 and the postal complaint is dated 25.09.09. It is pertinent to mention here that in the letter dated 25.09.08 the complainant has categorically stated that the letter has not yet been served on the accused. The complaint has been filed on 04.10.2009.
Please bear in mind the dates.
My query is : Whether the complaint has been filed prematurely.