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Rekha.....   23 October 2008 at 23:12

Pledge of NSC

Hello! Our expert lawyers’ team
How u all r doing? Hope this is our last query to u all BEFORE DEWALI. Plz reply as early as possible as ur doing always.
Our clients is running their business under the name…M/s……..Marble.( 3 brothers r partners in the co.)They r hving their Current a/c with Dena bank. Our clients requested Dena bank to raise their C.C limit. Dena Bank asked them for security Pledge. Our clients deposited NSC certificates on 29/10/1997 worth Rs.30,000( its maturity value and maturity date is 60,450=00and 12/04/2003 respectively) Our clients have already cleared their Cash Credit limit in time. At the time of audit of Books of Accounts of our clients, the auditor pointed out that where is the above said amount. Our clients hv inquired with the bank by writing some letters in 27/09/2006 and 19/07/2007 and same hv been acknowledged by the officer of the Dena bank but no clarification has received. V applied under RTI on 18/09/2008 for concerned details bt V received –ve response on 27/09/2008( it mentions that there was no stipulation by the said bank.). Again V issued the notice on 7/10/2008 and replied by the advocate of the said bank that there was no stipulation by the bank.

What V r having 1) zerox copies of the said NSC with the endorsement of the APM” Pledged in favor of Dena Bank on each Certificates” 2) The letter written by the Manager of the Dena bank to the Concerned Post master inquiring about the NSC pledged in favor of its branch. V checked all the Current A/c statements of Our clients V did not find any credit of Rs.60,450. Dena Bank has not returned NSC certificates to our clients till today.

V need here Criminal proceedings. Can V go for it? If yes what V need and to whom V should mention as Accused or Culprits. Pl… spare some time for us and give us reply.
Thank u.RHM,HDM,NJP,RMH












shivraj   23 October 2008 at 20:40

power of attorney applicability

whether POA holder can sign and verified the complaint and disposed on behalf of complaint who is looking after the transaction of complinant and he knows of the all the fact?related any current case laws.

shivraj   22 October 2008 at 21:29

applicabilty power of attorney

applicability of power of attorney in negotible instrument act sec.138?plz.give me related current case laws in supreme court?
limitation in sec.138?give me current judgement?

N.K.Assumi   22 October 2008 at 16:36

Defending a Murderer and Mercy petition:

A lawyer was approached by accused to defend him in a murder case. the lawyer tried his best but the man was convicted and imprisoned for life.After conviction the lawyer file mercy petition to the Governor.Before the mercy petition reaches the Governor, the lawyer was appointed as the Governor of the State. How will he deal with the mercy petition as the Governor of the State. Refused his own petition?

advocate satya   22 October 2008 at 13:17

abusing emploee

hi
i need to know one person is working in sales profession and his manager for target achivement use to abuse him publically and over phone, the employee need to know what recourses he have to file a case against this person, as he dont have any proof for the same, can a notice can be issued to the company for this or a case should be registered in police or directly to the court and under what sections, if the company terminates him on issuance of notice what can he do further? thanks>

DHAVALCHANDRA DOSHI   19 October 2008 at 09:35

N.I.Act-138

Please Guide Me with any supreme Court /Highcourt ciatation/Judgements on following Problem.
I received Cheque of Rs. 5 Lacs against a registered sale Deed of My Plot.That was Post dated cheque when deed was exicuted.The Party given me Rs. 3 Lacs and asked me not to deposit till fifteen daysand he will pay balance within 15 days. But unfortunately He has not paid Rs. 2 Lacs. after 15 days I deposited Cheque wich was return with remark " payment Stopped".

I issued notice to him but did not ansered the same. I filed 138 Case against him.
Now he has taken the stand he is only dues Rs.2 Lacs but I have deposited cheque of Rs. 5 lacs and the case should be dismissed.

Please reply me is there any solution to this?what?


Dhavalchandra Doshi

Chhaya Soni   17 October 2008 at 11:44

S. 138 of N. I. Act

Respected Lawyers,

A contractor issued undated cheque favouring a company but after filling amount, name of the company and signing the same as security deposit cheque for duly performing terms and conditions of the Agreement entered by the parties. Contractor failed to complete the work on time and company submitted cheque for encashment which returned unpaid as stop payment, for which 138 is in process, now contractor filed criminal complaint agaist company stating it has forged the cheque, manupulated the same. kindly provide us favouring citations for the same and suggest wat will be the company's ground of defence.

allurisivajiraju   17 October 2008 at 08:13

Discharge U/S 239 of Cr.P.C.

Respected Seniors,

Whether the Accused is entitled to ask for discharge prior to the committal of a case to the Sessions Court ?

Thanking You Sir.

Chandra sekhar   16 October 2008 at 22:39

Negotiable Instruments Act


Please clarify whether original Cheque required for prosecuting in N.I. Act. Please quote some case laws.

Chandra sekhar   16 October 2008 at 22:37

Negotiable Instruments Act

Please clarify whether original Cheque required prosecuting in N.I. Act. Please quote some case laws.