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Queries Participated

rds   17 March 2018 at 18:27

Breach of consent terms.

DEAR EXPERTS,

Contempt of Court for willful breach of the undertaking given to the Court in the course of the consent terms

Please give citations or judgments on this regards.

Thank You.

Anonymous   15 March 2018 at 19:40

Breach of consent terms

Respected Sir,

Contempt of Court for willful breach of the undertaking given to the Court in the course of the consent terms.

please give me Citations or Judgments on this regards.

Thank You.

Anonymous   25 November 2017 at 19:55

Personal guarantor & collateral security

Dear Members,

My Brother took a business loan from one of the government bank, in his partnership firm I am not a partner in his firm I have my own proprietorship firm myself and my family members stood as a personal guarantor & collateral security to his firm for business loan against security of Mortgage of house and personal guarantee.

We give personal guarantor & collateral security to his partnership firm but now he changes his firm from partnership to pvt ltd company. he as well as bank did not inform us and not even take sign for pvt ltd company.

Wanted to know following things in this regard,

1. Can we withdraw our personal guarantee for Bank.

2. If Yes, what is a procedure to withdraw our guarantee and is there any liability remains post withdrawal of guarantee.

3. Please give me Judgments on this regards.

Thank you

rds   17 February 2016 at 17:40

Whether an authorised signatory of a company would be liable

Whether an authorised signatory of a Public Ltd company would be liable for prosecution under Section 138 of the Negotiable Instruments Act, 1881

Once he issue the cheque and cheque is dishonour now he is trying to remove his name

Please give me some judgements showing that "whether an authorised signatory of a Public Ltd company would be liable"

Thank You

rds   25 April 2014 at 21:14

Territorial jurisdiction

IF THE COMMERCIAL OFFICE IS REGISTERED MORTGAGE IN MUMBAI AND SUIT IS RUNNING IN MUMBAI HIGH COURT AND NOW AT THE TIME OF FINAL AD-INTERIM STAGE THE DEFENDANTS SAYS THAT TERRITORIAL JURISDICTION OF THIS HON’BLE COURT U/S 9A CODE OF CIVIL PROCEDURE 1908. TO A.P BECAUSE IN THIS COMPANY ONE PARTNER IN A.P

DEFENDANTS IS A PARTNERSHIP COMPANY AND HIS OPERATING BANK ACCOUNT IN MUMBAI.

PLAINTIFF COMPANY IS IN MUMBAI AND THIS MORTGAGE OFFICE IS ALSO IN MUMBAI THERE IS NO TERRITORIAL JURISDICTION IN THIS

CAN YOU PLEASE HELP ME IN THIS IF REGISTERED MORTGAGE IN MUMBAI THEN TERRITORIAL IS ALSO IN MUMBAI.

THANK YOU

rds   03 February 2014 at 20:26

Handwriting expert / forensic lab

Respected sir,

I / Complainant had filed a complaint under section 138 of the N.I Act in the Court of MM. In the said complaint the petitioner had led evidence and the statement of the accused under section 313 Cr. P.C. was also recorded. The case was at the stage of defense evidence of the accused. An application was filed by the accused for examination of handwriting expert in order to prove that the life of the Date ink was not written by me.

Accused admitted his signature and other writing body of the cheque.

The MM Court dismissed the said application and Session Court also dismissed the same.

Accuse trying to delay the meter with this tactics.

Now he is challenging two orders to the High Court for that please give me some Judgement to support this 2 orders and not to send cheque to handwriting expert.

Thank you

rds   25 October 2013 at 17:35

U/s. 138 of n.i act

Respected Sir,
I am from complainant side.

Our case U/s 138 of N.I act

Our case states is 313 statements is over and defendant came for defense witness is also over.

Now accused delay the matter with the help of cheque handwriting expert.

On his D.W-1 he says that I give cheque and on the cheque signature is also my and now he delay this matter with the help of handwriting experts.

Please give me judgment on accused cannot delay this matter with the help of handwriting experts.

Thank You.

rds   25 September 2013 at 17:28

Party default.

Respected sir,

One of my old customer I use to supply goods to him on 90 to 120 days credit basis His company is partnership firm he is not giving my due payments as there is more than 2 years.

As a Guarantor I have register mortgage deed of partner’s wife premises i.e office.

His company is partnership and in his company his wife is not a partner.

So what I will do to recover my money I go for civil case or criminal case please help me out.

Thank you.

rds   26 April 2013 at 10:05

Civil law lawyers/advocates

Respected Sir,

Please give me Civil Law lawyers/advocates Name and contact no (telephone no) from Jodhpur.

thank you.

rds   20 April 2013 at 16:48

Creditor winding up

Respected Sir,
As a creditor, I want to file a creditor Winding Up Petition against my client who owes me money. Kindly guide me the procedure to file. Also pls guide if there is any other better way .
Thank You