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Queries Participated

Anonymous   23 May 2024 at 21:58

Calculation of limitation due to covid

Sir,

My invoice is dated 05.08.2019 and limitation is expiry on 05.08.2022 for recovery suit
Can we file the recovery commercial suit now after excluding the Covid Period form 1st march 2020 to 28 February 2022 ) as only after Covid period we are withing 3 years to file the recovery suit
Hence my calculation of exemption of Limitation due to covid is correct or nor.
Please advise

With Regards
Uday Kumar

Uday Kumar   04 September 2021 at 17:32

Complaint under section 138 of ni act read with 219,220 crpc

Dear Expert

1. We have received 12 cheques against the 4 invoices and all 12 cheques deposited at one time and after bounced one composite note has been sent ..
2. Further to that Party came and issued letter and Signed Settlement Agreement
3. Now one Complaint for all 12 cheques have been filed in the Court
4. Now Court is of the Veiw that as per section 218 , 209 and 220 this Complaint is not maintainable as we can file the complaint with maximum 3 similar offence together, since transection is different hence this complaint is not maintainable

Kindly advise with judgment so that we could save this complaint.

With Regards
Uday Kumar

Anonymous   04 September 2021 at 13:22

Negotiable instruments act- one complaint against 12 chqs

Dear Expert,

I have filed one Complaint U/s 138 of NI Act against 12 cheques issue by the Accused against 4 invoices of the Complainant.
Accused duly confirmed the issuance of cheques on letter head and even signed Mutual Agreement as well.
All 12 cheques bounced together against which one Composite Legal Notice was issued and accordingly 1 complaint has been filed but Magistrate say Complainant is not in accordance of Section 218 CrPC ,219 CRPC ,220 CrPC hence not maintainable
Please help with some judgment if I can maintain such complaint

With Regards
Uday Kumar

Uday Kumar   15 August 2021 at 14:28

Wrongly delivered/ not drawn on us/ n i act

Dear Sir,

Cheque returned with Remark as "Wrongly delivered/ Not drawn on us"
In this case Please confirm if Complaint under section 138 of NI Act is applicable
Request, kindly reply with positive citation

With Regards
U Kumar

Uday Kumar   15 August 2021 at 14:04

negotiable instruments act - liability of proprietor

Dear Sir,

1. A due amount is required to be paid by the Proprietor of the Company
2. Other then Proprietor has issued cheque from his personal Account and even given in writing that I shall pay the said due amount of Proprietor of the Company
3. We made Proprietor and Other Person who issue the cheque party in a Complaint.
4. Now Court say we can issue the summon to Other party who issued the cheque but not the proprietor .... Court asked us to give any judgment in this regards..

Can expert help me with suitable judgment please if case is understood clearly.

Thanks
U Kumar

Anonymous   05 August 2021 at 16:55

Succession certificate / letter of administration

Dear Sir,

My Husband died intestate he left behind a house I his name and three dependent 1 Major - wife and 2 - minor daughter ]

Now I want to see the property , does Letter of Administration or Succession Certificate required ?

With Regards
Uday Kumar

Uday Kumar   01 February 2020 at 21:36

Agent principal relationship : what is necessary

Dear Expert

1. Company "A" is doing work of Company "C" and getting it done through Company "C"
2. Company "A" has business and financial Relationship with Company "B" and invoice for work issued by the Company "B" to Company "A", Company "A" receive the invoice and pay the same to the Company "B"
3. Company "B: has no financial or any direct relationship with Company "C"
4. Company "A" add their profit and bill to the Company "C" Differently then what is billed by "Company "B" to "A"

Now, what has happened , Last Bill of Company "B" issued to Company "A" has not been paid by Company "A" as Company "A" say they have not received payment from"Company"C" hence not liable for payment.
However, Company "A" has been deducted the TDS from the Invoice amount of Company "B" and Deposited the same for which even credit reflect on TDS website.
But Company "A" still say that He is an Agent and acting as Agent for Company "C" and not liable for the payment,

Please guide on the same as to how to recover the payment from Company "A"
I am Company "B" here

With Regards
Uday Kumar

Uday Kumar   05 June 2019 at 20:09

Execution of a injunction decree :

We have made a searched in google on subject matter and have seen lot of message/literature which say that "Recovery of Possession of a Property in a injunction Decree is not maintainable.
However we need a solid judgment on this in order to demolish the Execution of Injunction Decree
Please assist

With Regards
Uday Kumar

Uday Kumar   26 May 2019 at 14:11

Suit for possession filed based on unregistered gpa,will

Sir,

A suit for possession filed against a documents of unregistered WILL, GPA
How such suit is maintainable

Please advise

With Regards
Uday Kumar

Uday Kumar   26 May 2019 at 14:07

Lease deed issued by the dda to the :person "a"

Sir,

My query is as follows

1. A Property was allotted by the Delhi Development Authority to a Person "A" and Leased Deed was executed by DDA in favour of Person "A" in 1982

2. Person "A" sold this Leased property to Person "B" in 1986 and executed Registered GPA, Registered "Receipt" registered " WILL" Agreement to sail, Affidavit
3. Person "A" duly admitted the execution of these documents.

However, Court does not give value to the those Registered documents and even questioning the Execution of these documents by Person "A" to "B" and saying that Leased Property cannot be further sold by Person "A" and such execution of documents are in correct and moreover there is no recognizance in Law for even registered GPA etc. and saying that Person "B" is not Owner and "A" has executed the wrong documents.

Please provide certain judgments so that case could be saved.

Best Regards
Uday Kumar