ks
04 January 2017 at 19:42
Dear Experts,
My cousin was fighting a case of child custody and he appointed a lawyer for the same. He was given 100% fees as an advance.
Now the case is almost over. Both the parties signed an agreement alongwith the both the parties' lawyers' sign.
After a week he has to go for the final order only based on their agreed terms.
Now, Lawyer is demanding more amount. He said that he has already paid 100% advance. Still he is demanding more. [25% fees were paid in cash and there is no proof for the same.]
What could be the consequences if cousin don't want to pay extra amount.
Can he stop order copy or in getting order copy, is he required ?
Also elaborate any other issues that might come up.
Kishor Thakkar
12 June 2016 at 20:39
my client is a service woman and her husband doing business and he issued cheque with taking signature of her wife to his friend for the borrowing some money and wife has come knowledge regard after the notice serve and they are not replying on notice and now case on the cross examination of complainant so please provide your suitable defense or some IMP questions regard the cross of complainant as early possible, its really we require your help as we show your answer regards query's on the site so please suggest the best.
MY IMAIL ID IS kishee97@rediffmail.com
Pradip Bajaj
12 May 2016 at 18:13
Sir,
Wife has filed 125 Cr.P.C. Petitionm claiming maintenance from husband, living separately with two children. Husband living with his mother.
Wife submited Income-tax returns of
her Husband,
Husbands father's HUF,
Husbands HUF.
for acsertaining total income of husband.
Now, question is that
1. Whether the income of Husbands Father's HUF can be included in total income of husband for calculating maintenance/ interim maintenance?
2. Whether Husbands HUF income cn be included for the purpose?
3. What other incomes can be included for this?
4. Is their any Max/MIn. limit for deciding interim/ final maintenance?
Regards
Pradip Bajaj
Guwahati
Pradip Bajaj
10 May 2016 at 11:58
Dear Sir,
Let me discuss and get your views/ contributions about the procedure for filling a case under section 138 of NI ACT.
1] Amount given as financial help/ loan/gift/ wager contract.
2] With/ without specific writing to this effect.
3] Cheque issued by the Accused returns unpaid with remmark "insufficient funds".
4] Notice by the Counsel of the Complainant issued within 30 days giving 15 days time to repay the amount.
5]Payment not received. Case filed within 30 days after 15 days (Cause of action).
6]Complainant examined, process issued, accused present and go on bail.
7]Cross of Complainant by the Accused's Counsel{u/s 145(2)
8]Date fixed for statement defence of the Accused.
9] submission of witness/ evidence/ exhibit by the Accused.
10]Cross of the Accused and his witnesses
by the Counsel of the Complainant.
11] Auguments
12] Judgment.
13] Appeal by either party.
Expert comments from either side..... prosecusuin as well as defence
Pradip Bajaj
26 March 2016 at 19:10
Sir,
What are the available remedies for the accused person with accusation of dishonour of cheque
i]issued without consideration and
ii]with considerations.
iii] any ruling in favour of accused.
iv] against of accused.
soniya
23 April 2013 at 15:08
Dear and respected members,
We have fought one cr. case of 138 n.i. act and accused has got conviction. Now i have to file an appeal against said order of trial court in sessions court of Bombay.
Will any body can help me with the section under which such appeal can file along with a specimen draft of an appeal and the procedure if any for file such appeal.
I have handled many 138 case but most of them have been settled and withdrawn. Actually i m a civil practitioner.
This is the first case which has reached at final stage and my client has got convection by the M.M. court.
Please assist me.
thanks and regards.
Advocate Soniya Sharma.
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Certified copies obtained illegaly
Hi Experts,
I have filed a criminal complaint u/s 200 against a person in court X in District X. I summoned some record in the same court and some documents were exhibited by the witness regarding the same.
The opposite party who is not even summoned yet in the above mentioned case, used one of the document (only 2 pages) in exhibits in some other case in court Y (District Y) where he has filed case on me. I have already been summoned in this case and during his evidence he has exhibited only 2 pages of that particular exhibit (which is in actual total 6 pages) and rest 4 pages he has not exhibited.
Now my query is:-
1. Can he get the certified copies from the court where he is not even summoned yet i.e. court has not taken any cognizance against him yet?
2. Can he exhibit 2 pages out of 6 pages of the document exhibited in court Y, which he has obtained from the copy branch of court X (District X).
In my opinion, these are obtained in connivance with court staff.
Pl. guide me what shall i do.