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Anonymous   16 October 2023 at 14:49

Loan recovery

I work with a NBFC in Maharahstra. We have given loans to borrowers from 30k to 50k.

We have demand promissory note and loan agreement signed. Apart from this we dont have any thing as security.

Best known to me for recovery from these defaulters is stated below:

1. Sending notices by company / advocates.
2. Filing recovery summary suits in courts

If we file recovery suits the courtfees is too high (around 5000/- for recovery amount of Rs 50,000) + advocate fees etc. On a loan amount of Rs 50,000 paying Rs 7-8k for recovery isnt possible for us.

My question is what are the other ways of recovery in low cost exp.

Can we file criminal complaint (sec 156(3)). Will court admit 156 (3) for this nature of complaint or the court will deny the admission saying this is a a civil matter.

Pl guide. Thanks.

Anonymous   08 October 2023 at 22:18

Cheating a senior citizen mother(widow) by her son

My mother is a senior citizen of 71 years. She is a cancer patient, too. She stayed with my younger brother for 4-5 months. During that period, my younger brother took her land papers and transferred all her money from her bank accounts. When my mother came to stay with me, she realized this. She called my younger brother, but he refused to return. In that case, what needs to be done? Kindly advice.
She is a cancer patient under treatment, which also requires money for her treatment.

Ziaur Rahman   07 October 2023 at 19:04

Authorisation of inspector of police to investigate

In 2013, the state government authorised the rank of Inspector of Police to investigate the cases under the P.C. Act 1988 instead of a Dy S.P. or ACP. In 2018, the P.C. Act was amended, but no fresh authorisation order was made empowering the Inspector of Police to investigate the cases under the P.C. Act 2018. I want to know the law of interpretation of a statute, whether the old authorisation vesting an Inspector to investigate the cases under the P.C. Act 1988 is a valid order or whether the state government should have empowered the Inspector rank through a new order after an amendment to investigate the cases in the P.C. Act 2018. What will be the legality of the investigation in the absence of a fresh authorisation under the amended law? Is there any case law in this regard?

daksh paul   07 October 2023 at 00:26

Vehicle related question

I have purchase a bike the seller told me that it is non accidental but after buying i take the bike to the agencies service center and there they provide me the old record and on that record the seller has claim the insurence of RS.31000 the seller claimed the amount 2 years ago and he has changed all the parts before only so please tell me what i can to punish him

salman khan   04 October 2023 at 19:36

Safety concern & advise needed.

Dear Sir,

I hope this message finds you in good health. I am writing to seek your guidance and advice regarding a distressing situation that I have found myself in. I have recently become a victim of a significant financial fraud, amounting to approximately 20 lakhs and more.

In response to this unfortunate incident, I promptly filed a police complaint, and with the valuable assistance of the police, the culprits responsible for this crime have been apprehended and are currently in custody. However, as the investigation has progressed, it has come to light that the accused were involved in multiple instances of financial fraud. Consequently, approximately 10 FIRs have been filed against them. These are the IPC sections implemented on the accused 406 , 419 , 420, 467 , 468 , 471 & 120-B.

My primary concern now is that, given my role as the initial complainant and the fact that I helped bring these criminals to justice, the accused may perceive me as a significant threat to their interests. There is a possibility that they might harbor revengeful intentions and pose a threat to my safety, as well as that of my family.

I earnestly seek your expert advice on how best to protect myself and my loved ones from any potential harm or retaliation from these individuals with criminal intent. Your guidance would be invaluable in ensuring our safety and security in this delicate situation.

Thank you for taking the time to consider my request. I eagerly await your wise counsel and recommendations on how to navigate this challenging circumstance.

SAM   04 October 2023 at 10:55

Police not serving summons in 498a case

Hello all,

Chief Judicial Magistrate has issued summons to the opposite party (First Informant/wife) in 498A case. Matter is at hearing stage. First Informant/Wife has got married to some unknown person and gave birth to child. Evidence of marriage has been already submitted by the husband lawyer in court stating that exemption be given to attend court hearing which was rejected by court.

Almost 8 dates (6 months duration) has been completed after that still no summons report has been delivered by Police dept. and till date the opposite party didn't appeared in the court. The hearing is getting postponed due to non servicing of Summon to opposite party. We already put the reminder to the judge & he reissued the summons which also not been served. What can be the next step taken in this scenario? What if the Summons is not served to opposite party? We are sure the opposite party will not come in court and is least bothered to come to court as she has already got married and has child after her marriage.

Would the husband get acquitted and discharged from the case is she don't come and appear in court or the matter will continue till the police don't submit any report about service of summons to first informant?

Please advice.

Vishal jain   02 October 2023 at 20:18

Employees of pvt. ltd. company are public servant

Please suggest...
If the Employees of a Pvt. Ltd. Company comes within the purview of Public Servant OR NOT.

Anonymous   02 October 2023 at 00:08

Court/city to furnish bail bonds in, after trial transferred

Hi,

The trial in a criminal case was transferred to another city. Now the appeal against conviction is pending before the High Court.

However, bail was granted, with bonds to be furnished before the concerned court of CJM.

• Where should the bail bonds be furnished, the court in the city where the case or FIR originated, or where the trial was later shifted to? Kindly provide citations also. Thank you.

Sorry for being anonymous, but it is important.

SUMAN ROY   27 September 2023 at 20:51

Cheque bounce

What are the legal options left for me in a cheque bounce case where the accused is absconding for 3years despite several warrants against him from the court under NI Act?
Is recovery of my money possible ?
Please help as it's my life's savings.

Anonymous   27 September 2023 at 00:30

What application to file

In my case ( under 307 ipc) I am complainant
1)Injured (my father)died without deposition in court…his 161 statement is there on file
2)He died after 3 years of incident
3)Post mortem was done in government hospital
4)Court firstly rejected my application of section 91 read with 311 crpc for calling the documents of PMR and said the injured was fit after being discharged with last comments that if there is any need for documents then court at its own will take action.
5) Now court has closed the evidence and fix the case for 313 crpc
Cause of death along with PMR is yet to come what should I file now to get justice ?