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Queries Participated

Ajay Kochar   27 August 2014 at 12:21

Regarding cheque return

Respected Sir's, I requier your help in a matter in which we as company received a cheque from the customer situated in trivendrum. The said cheque we deposited in Ahmedabad as our head office and registration of the company is also in ahmedabad and it comes returns with the reason of insufficient fund. Now the question is weather there is any verdict of the supreme court regarding lodging the case under Negotiable Instrument Act Section 138 in that jurisdication only from where the bank and branch situated for the cheque which we received like we received from trivendrum, we need to lodge the comaplaint in trivenrum? or can we lodge the complaint in Ahmedabad only.

Request you to revert on the same.

thanks in advance

Uday Kumar   19 March 2014 at 14:57

Compound without complainant consent u/s 147 ni act

Dear Experts

Complaint case U/S 138 NI Act can be compounded U/S 147 NI Act in view of various judgment subject to the the Costs of 10% and 15% and 20 % of Cheque value

However the question is
Can Complaint u/s 138 NI Act be compounded without Complainant's Consent.

With Regards
Uday Kumar
Advocate

yusufkhan   06 July 2012 at 20:05

Wakf property

sir i want to know that the property of dargah & kaberstan trust which was registered in the state wakf board and in the said land large numbers of people residing before long time and also pay the rent to the trusty. the board of wakf can sell out the said land to corporation without consent of rental people.
y t pathan``````

Suresh Babu Rai   24 June 2012 at 09:34

Section 138 of ni act

Dear Brother Advocates !

I am defending a complaint filed under Sec. 138 of NI Act. In fact the my client/sole Accused did not approached me when he was issued the legal notice and did not replied for the same.On receipt of summons he approached me. The complainant has filed his Chief examination by way of affidavit and the cheque and related are marked as Ex P1 to P5 in support of his claim. I have examined the cheuqe issued by client thoroughly and it is revealed that the cheque was already deposited to the credit of complainants account for realization, due to the funds insufficient the same was bounced and the complainant was issued with memo, cheque return memo stating that the funds are insufficient in the account of the accused with his banker on 14.12.2010. But the complainant has failed to issue any notice to that effect. Again the accused has presented the said same cheque in to his account and got bounced for the purpose of fresh memo and all on 28.03.2011. The complainant did not mentioned the previous presentation of cheeque in to the Bank and has taken the cause of action on 28.03.2011 i.e sub-sequent presentation. I have evidence for previous presentation of cheque. What will be the consequences of my case.
Thank you one and all.
yours sincerely.
Brother-Advocate.

Anonymous   26 December 2011 at 19:23

Conjumer

dear sir
i want file consumer case against the semsung dealer and i do not know the semsung company address and its manager. can i file consumer case against the sales dealer of semsung without joining of company?
is there any citation of state commotion or india commition?

Anonymous   22 December 2011 at 19:32

Demand notice

rispected sir,
is there any citetion like2004-2-dcr-525 on the topic of demand notice in N. I. Act. can court cosider any comunication and demand of the dishonour of cheque like fax, email, sms, police application ?
i want to help about this point. in the above citetion not clear about the any comunication and demand of the dishonour of cheque.

Anonymous   17 November 2011 at 20:46

For cross examination

rispected sir,

i want to know that is there any specifice provition for cross examination in domestice violance cases in domestic violane act 2005. i read the section 12 of the said act i found it say only for hearing not mention after considering the both side evidance. please give the proper reply for the abvoe question.

Anonymous   09 July 2011 at 14:43

oral notice in ni act

respected sir,
i want to know that after dishonor of cheque oral notice given by the complainant to the accused it is effected notice in the eye of law

Anonymous   08 July 2011 at 20:30

about service of summons

respected sir,
kindly give me the information about the service of summons unclaimed by the accused then court grant the efected service and any rulling about it. court not agree the unclaimed it means accused refuse the service of summons.

yusuf pathan
advocate

Anonymous   23 June 2011 at 10:53

stay proceeding

respected ser,
i want to know the stay proceeding in n. I. act case when the police complaint already loadge against the same compainant for the disputed cheque and the said compl. investigation is pending and the accused is not arrest by the police but he is present in the ni proceeding in the court.

pathan yusuf