Adv. Mohan Chandra
17 October 2015 at 11:05
Sir,
I had given 10 blank security cheques to a bank in 2002, the bank deposited one of the blank cheques and filed suit u/s 138 in 2005, while the case was in progress the bank regularly deposited the blank cheques in 2008, 2011, 2013 and finally even after the judgement was issued against the bank in 2015, the bank also issued demand notice for all the four cheques but never filed a suit.
Now suddenly the bank has filed suit under Sec 409, 415, 418, 420 IPC in the court for a cheque for which demand notice was issued in 2013.
I wish two know the remedy for above and if a demand notice u/s 138 given in April 2013, the suit for the same is submitted u/s 420 IPC in June 2015, is this within limitation period or outside limitation period.
Regards
Rajeev kulshreshtha
20 September 2015 at 16:21
A person taken a loan from bank on his agriculture land.in pendency of loan person died and his half share of land mutated in the name of her daughter in law on basis of WILL .Now the daughter in law wants to repay the loan in share which she get but the bank is not ready and demanding whole loan amount and failing which threaten to auction the whole land. My question is that if the act of bank is legal and can daughter in law file any suit for restricting bank to sell her share?
Anonymous
20 September 2015 at 16:03
On 24 August 2015, my brother age 18, as usual was going tuition in his scooty, but suddenly a big army truck hit him very badly and his scooty slipped, as a result he fell from scooty. He writhed in pain on road for ten minutes but the driver did not help him at all even as the hospital was just 40 metres away. Because the driver was army person, public did not touch him but they angrily told the driver to take him hospital which he refused to do. When my brother was writhing in pain on road, the driver was busy in making phone calls to his army unit for his truck protection. After writhing in pain on road for ten minutes, two boys took my brother to hospital where he was pronounced death. The police booked him under section 304A of IPC. I want to know what whether sections like 336 and 338 be imposed on him? Will he be punished for not helping my brother after accident?
drakshey
21 June 2015 at 12:32
I have a joint property in jaipur with my brother, we have a flat with 4 rooms, common drawing and dining with kitchen on the 4th floor. our flat is measuring 3800 sq. ft area including roof and penta house ( one room with WC ). Moreover , we have a office at ground floor( 700 sq ft) , one room and WC in the basement( 350 sq ft) along with big hall ( 1200 sq ft).The ground office is in the possession of my daughter where as basement room, wc and big hall is in the possession of my brother where his son in law is operating his business of wooden work. The upper portion flat was being used jointly by me and my brother upto year 2007, but then my wife transferred to ahmedabad and we both lived there there upto 2014, but now my brother is not giving me keys of the 2 rooms which were under possession to me prior to 2007 and also were used by us when we visited jaipur frequently during 2007 to 2014,the intention of my brother is to grab the whole flat , what should I do now to take possession of half flat or atleast 2 rooms. The entrance in the flat is common through one gate, kindly reply me and if necessary ask me other details also
dr bhargava
Pallavi
05 June 2015 at 19:09
Hello,
I need help upon following matter;
Me n my brother have booked 2 BHK flat in Pune. We had given builder Rd 11 lakes. Rs 5 lakh as advance through cheque, Rs. 3 lakhs in cash towords construction charges and Rs 3 lakh through net banking towards stamp duty.
We were about to enter into agreement with builder. We found certain suspicious points in agreement. Builder is reserving right on construction even after society formation. For this reason we wish to cancel the booking and recover paid amount to avoid future loss.
We had conveyed builder our intention of cancellation of our booking during meeting. We have told him that we are cancelling booking due to financial problems although we know his nuisance.
He is refusing to cancel our booking and refund of money.
Can I file a case in consumer court against builder?
How shall I proceed with complaint?
Will I be able to recover my money? On what ground I have to file case?
Do I have to take police action?
Please advise
Pallavi
8956984541
Priya Bhatia
05 June 2015 at 15:08
Respected Members,
My grandmother has five children we lived together as a joint family till my grand father was alive. After my grand fathers death my grand mother sold our house and distributed the amount equally in six parts including her own. And she stated that she want to stay alone.
But his first son took her with him and she stayed his family. As the year passed all her money got depleted. She gave a certain amount of cash to her elder son. They too kept her happily till she was having money. Now all her money is depleted and my elder uncles family is now creating problems for her. They fight with her daily so that she should leave the house and go forgetting the money she gave them.
Rest 4 sons asked her to come and stay with them but she refused saying i want to stay with my elder son.
Now my elder uncles family has fought with her so badly that she went at her sisters place and now she is saying she want to live in Old Age Home.
My elder uncle is now threatening us that he will make a complaint that my 4 brothers are not willing to keep my mother. But in real all the four sons asked her to come and stay with them but she refused.
What can be done in such a case.
srinivas
04 June 2015 at 21:17
My wife's brother's(brother-in-law)wife has filed an FIR under 498a and DVC on her husband and in-laws. Can we go for quash in the high court?
sreekanth
24 May 2015 at 16:08
Sir, My father's elder paternal uncle by playing fraud, behind our back got the self acquired land of my grandfather transfered on to his name through a notarised affidavit which is an invalid transfer. After getting my grandfathers property mutated onto his name my elder paternal uncle sold the said property to various vendee's (Ten plots) after diving the said property into residential plots. Those ten plot owner's (1st Vendee's) who have purchased the said (ten plots) plots intially from my elder paternal uncle have all sold their plots to a resort owner (2nd Vendee) My father along with all the legal heirs of the family who are entitled for a share in my grandfathers jointly filed a partition suit making my elder peternal uncle as defendant No 1 and The resort owner as defendant owner 2 (2nd Vendee), we have not not made the 1st vendee's (Ten plot Owner's) as parties or defendants to the partition suit, who have intially purchased the plots from my elder paternal uncle without our knowledge.Since my elder paternal uncle is the kartha of the family post my grandparents death, As my elder paternal uncle was holding and taking care of the joint property on behalf of the family. All the legal heirs are deemed to be in joint possession and a suit for partition is filed.
My questions for all your honarable members are as follows:
1) will my suit be bad for non-joinder of necesscary parties for not making the 1st vendee's (Ten plot owner's) who later sold it to the resort owner ?
2) Is there any judgement which covers up situvation/case and not making the suit itself bad for non-joinder
3) The suit is at very intial stage its coming up for arguments in the stay petition(Interlocutary Application).Will i be advised to get the pliant amended making the 1st vendee's (ten plot owner's) as defendants to the partition
4) i have reliably learnt that there is judgement with covers up my case from being dissmissed for non-joinder of necesscary parties
5) I am a junior advocate, kindly advice me on the said case. Thanks in advance to all the honourable members here
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341 crpc can be filed against cat order before h.c
Sir,
I have filed the 340 Crpc application before the CAT which was dismissed by CAT with the main application.My query is that 341 crpc provides an appeal before the superior court against the order of the subordinate court.
Also the CAT reserve the power of equlavlent to that of High Court
In that case, can I file the appeal application before the H.C under 341 crpc? or 482 Crpc is the only remedy against the order?