LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

BHARTI KOTHARI   30 October 2020 at 11:40

Negotiable instrument act

Mr. A given a Loan to Mr. B for Rs. 40 Lakh by bank transfer.
and Mr. B as well Mr. C, father of Mr. B has signed the promissory note.
and then Mr. A has issued cheque [ 40 lakh] towards repayment of loan amount which got bounced.
on complaint to Mr. C being father of Mr. B has issued a fresh cheque [40 lakh]for the repayment loan amount but this also got bounced.
Now we send legal notice to both of them about dishonour of their respective cheque towards loan repayment.
and ultimately filled criminnal complaint but the magistrate asking for seperate court fees on each cheque i.e. court fees on 80 lakh.
being legal academic query coming before me for first time please help on the subject

Anonymous   30 October 2020 at 08:54

Money recovery

Dear gentlemen
May I request you to give your advice for my problem.
I am working in Saudi Arabia since 2007 and my family was also living with me in KSA.
In April 2018 I left the kingdom on final exit with my family and settled in Davanagere karnataka.and in the same year.
After a month I joined another company and staying alone. And my family is in India.
Since 2008 my father in law (wife’s father) taken money from me till 2013 .In fact he is running illegal real estate business. He promised my wife that he will give some properties from his business I have given 1.06 crores through bank and 65 lakhs by cash .He invested this money and made lot of money and properties
But he has given properties worth of Rs 125700 and Rs 174500 then he made all properties in his son’s name. Still he has to pay me Rs 15668500 plus interest or the properties worth of my balance money and interest.
Recently I came to know that he has made properties within his family transferred all the properties in his son’s name he has taken release deed from my wife and her 4 sisters.
The issues
1) Out of 2 properties one property is in litigation. A land measures 2.05 acres is encroached by another person and I have left with less than 1 acre. My father in law is not ready to resolve the issue as per sales deed.
2) I have to recover my money worth of 1.06 crores which I have given officially through bank from my wife’s NRE account.
I have the following issues
As we were living in Saudi Arabia as residents up to April 2018. I believe cause of action or limitation starts from April 2018 – correct me if I am wrong.
I have approached him several times but he never cares about my wife’s words I have no contact with him since 15 years. All the transactions happened through my wife.
I want to know whether the limitation is over or is it effective from April 2018.
Could you please help me with this issue and suggest a good advocate for me

Anonymous   29 October 2020 at 23:08

Cheating

Dear gentlemen
May I request you to give your advice for my problem.
I am working in Saudi Arabia since 2007 and my family was also living with me in KSA.
In April 2018 I left the kingdom on final exit with my family and settled in Davanagere karnataka.and in the same year.
After a month I joined another company and staying alone. And my family is in India.
Since 2008 my father in law (wife’s father) taken money from me till 2013 .In fact he is running illegal real estate business. He promised my wife that he will give some properties from his business I have given 1.06 crores through bank and 65 lakhs by cash .He invested this money and made lot of money and properties
But he has given properties worth of Rs 125700 and Rs 174500 then he made all properties in his son’s name. Still he has to pay me Rs 15668500 plus interest or the properties worth of my balance money and interest.
Recently I came to know that he has made properties within his family transferred all the properties in his son’s name he has taken release deed from my wife and her 4 sisters.
The issues
1) Out of 2 properties one property is in litigation. A land measures 2.05 acres is encroached by another person and I have left with less than 1 acre. My father in law is not ready to resolve the issue as per sales deed.
2) I have to recover my money worth of 1.06 crores which I have given officially through bank from my wife’s NRE account.
I have the following issues
As we were living in Saudi Arabia as residents up to April 2018. I believe cause of action or limitation starts from April 2018 – correct me if I am wrong.
I have approached him several times but he never cares about my wife’s words I have no contact with him since 15 years. All the transactions happened through my wife.
I want to know whether the limitation is over or is it effective from April 2018.
Could you please help me with this issue and suggest a good advocate for me

Anonymous   29 October 2020 at 22:08

Money recovery

Dear gentlemen
May I request you to give your advice for my problem.
I am working in Saudi Arabia since 2007 and my family was also living with me in KSA.
In April 2018 I left the kingdom on final exit with my family and settled in Davanagere karnataka.and in the same year.
After a month I joined another company and staying alone. And my family is in India.
Since 2008 my father in law (wife’s father) taken money from me till 2013 .In fact he is running illegal real estate business. He promised my wife that he will give some properties from his business I have given 1.06 crores through bank and 65 lakhs by cash .He invested this money and made lot of money and properties
But he has given properties worth of Rs 125700 and Rs 174500 then he made all properties in his son’s name. Still he has to pay me Rs 15668500 plus interest or the properties worth of my balance money and interest.
Recently I came to know that he has made properties within his family transferred all the properties in his son’s name he has taken release deed from my wife and her 4 sisters.
The issues
1) Out of 2 properties one property is in litigation. A land measures 2.05 acres is encroached by another person and I have left with less than 1 acre. My father in law is not ready to resolve the issue as per sales deed.
2) I have to recover my money worth of 1.06 crores which I have given officially through bank from my wife’s NRE account.
I have the following issues
As we were living in Saudi Arabia as residents up to April 2018. I believe cause of action or limitation starts from April 2018 – correct me if I am wrong.
I have approached him several times but he never cares about my wife’s words I have no contact with him since 15 years. All the transactions happened through my wife.
I want to know whether the limitation is over or is it effective from April 2018.
Could you please help me with this issue and suggest a good advocate for me

Balaji Bakthavathsal   27 October 2020 at 17:17

Cheque bouncing case relaxation of imprisonment

Respected learned lawyers,
I humbly request you to clarify the following doubt of mine in the Criminal Law Procedure.
A cheque bounce case was filed before the District Munsif-cum-Judicial Magistrate u/s.138 r/w 142 of Negotiable Instrument Act and also directing the accused to pay a sum of Rs.2,75,000/- as compensation u/s.357(3) of Cr.P.C. On the date of judgment, the accused was absconding and hence NBW was issued against her by trial court. The Trial Court came to the conclusion that the case against was proved and the accused was convicted and sentenced to undergo S.I. for one year for the offence and also directing the accused to pay a sum of Rs. 2,75,000/- as compensation amount. Since the accused was absconding, the trial court issued fresh non- bailable warrant against the accused for securing her to undergo the imprisonment.
Meanwhile, the accused filed an appeal petition in the sessions court challenging the judgment and conviction passed by the lower court.
In the result, the criminal appeal was dismissed and confirming the Judgment and conviction passed by the learned District Munsif-cum-Judicial Magistrate, directed to take further steps according to law to secure the appellant/accused.
However, the accused is found roaming scot free and it appears that the accused has not undergone he imprisonment. How is this possible ? Is there any way in the law to waive the imprisonment awarded by the lower court which was confirmed by the next appellate court ? Please elucidate.
Thanks & Regards

RC Gayatri   26 October 2020 at 10:08

Regarding lok adaalat

Sir,

My wife filed a case against her sister and brother in law. Section is 509. Now she is ready to take it back with terms and conditions. KINDLY HELP WITH THIS 4 POINTS ONE BY ONE. PLEASE.

1) is it enough if she writes terms and conditions on lok adaalat proforma paper in court AND get it Signed?

2) or is it better to write & get signed outside on a white paper?

3) or is it better to get them writes on bonded paper and get it notarized?

4) incase if they trouble again can she get the case opened anytime again? Is it possible to get case opened again if so what is the process?

Tara Dutt   25 October 2020 at 19:22

How to make complaint to cji, india

An ASJ of Delhi Court has implicated an honest Police officer in false case of attempting bribery to him. The alleged Police Personnel was dismissed from the job on that same day. His own department did not do enquiry, whether, the complainant ASJ had asked for bribe or not. Even, a police personnel who was wroking as Naib Court in the same court, he has been used as star witness to implicate that police personnel. Whether in this case, CJI, India can be approached with the complaint of that ASJ, while the same case is in trial and defence stage in the District Court, Delhi.

Amresh Choudhry   20 October 2020 at 18:38

How to get fir registered

Dear Sir,

A boy and his family is troubling us repeatedly earlier he was forcibly stopping us from constructing boundary wall on our vacant piece of residential land by threatening us and our workers, blocking our house entrance,throwing stones and abusing us lateron he posted defamatory post on facebook also last year in the month on Nov.This year in June somehow we constructed our boundary after bowing to his demands.But as i have suffered financially and mentally so i have made complaint to cyber cell and have also filed criminal and civil court case against him and his family but on 1st date of hearing they didn't turned up,next date of hearing is 30th Oct.Now this boy is making threatening calls to my mother and my wife to force me to withdraw my case police has just fwd my complaint to SDO under 107 .My mother is at my native village i am at Faridabad and case has been filed at Faridabad court.
How can i stop him from threatening my family/How can i get FIR registered

RAMESH   20 October 2020 at 00:57

Need the copy of pending case in chennai high court

Dear sir
Can you please help me to get documents of below mentioned details. My advocate is not giving.
Case Details

Filing Number CRL OP /832/2017 Filing Date 04-01-2017
Registration Number CRL OP /299/2017 Registration Date 04-01-2017
CNR Number HCMA01-192413-2017

Case Status
First Hearing Date 09th January 2017
Next Hearing Date
Stage of Case
Court Number and Judge
Bench Type Single Bench
Judicial Branch CRIMINALSECTION
State TAMIL NADU
District Thiruvallur
Petitioner and Advocate
1) M.RAMESH AGED 56 YRS
Advocate- M/S.A.M.RAHAMATH ALI, S.GANESH KUMAR
2) M.PRABAKARAN AGED 54 YRS
3) P.RAJALAKSHMI AGED 59 YRS
Respondent and Advocate
1) THE INSPECTOR OF POLICE
Advocate - PUBLIC PROSECUTOR,
MEDIATION REPORT RECEIVED

Category Details
Category Criminal Laws ( 43 )
Sub Category Criminal Procedure Code, 1973 (2 of 1974) ( 9 )
Sub Sub Category Anticipatory Bail ( 7 )

History of Case Hearing

Cause List Type Judge Business On Date Hearing Date Purpose of hearing

Honourable Dr. Justice P. DEVADASS 09-01-2017


Thanks and regards

M.Ramesh

DR SURESHA G   18 October 2020 at 20:20

Recovery of debts

Dear Professionals

I have paid Rs 87 Lakhs to my Brother from 2016 to February 2018. I am a NRI and all the money was paid through the bank transfer and cheques .I have bank statement ,my e mail advises to the bank to transfer money to his account , and the passbook entries .
Since August 2018 he is not in good terms with me. He gave me a cheque of State Bank of Mysore and the same was no more operational since 1.7.2018. He intentionally cheated me . He is a notorious criminal .Now i have to file a suit against him and the amount is Rs 1.5 Cr which includes interest @ 18% p. a . My lawyer issued a notice in Nov 2019 for which he did not responded . Now my lawyer is asking me to pay the Court fee of Rs 286000/- .
Can anybody advise me of future consequences? Is there any chance to get rid of court fee? And how long it will take to get my money back ?