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Queries Participated

Toni S. Sachdevani   06 April 2022 at 14:05

Order 37- summary suit

Facts:-
On the first date, when the suit (Registered by Office as Summary Suit) was placed before the Judge, she passed order of re-registering it as Ordinary Suit saying that it was not maintainable as Summary Suit and disposed of the Suit.

Query:-
What remedy is available to challenge the Order??

Thanks & Regards

Toni S. Sachdevani   31 October 2015 at 19:02

Bail

Can victim (Of offence of 307 IPC)approach sessions court for rejecting regular bail of the Accused? If yes, what provision/case law??

Thanks & Regards

Toni S. Sachdevani   11 February 2015 at 20:07

Section 138 of ni act

A is a Partnership Firm & B is it's partner. A through B obtains loan from C vide some MOU. Then B issues Cheque from account of some D Firm (Not known whether partnership or proprietorship of B). Who will be liable U/S. 138?

Toni S. Sachdevani   07 September 2014 at 13:44

Accidental death due to shock

Suppose A goes to visit some Ganpati Pandal near his home. He gets heavy voltage electric shock. He is taken to hospital & declared as died. The pandal group is of local boys, who had obtained electricity connection from the nearby home. Now who all the responsible? like Maharashtra State Electricity Distribution Ltd.Co., Pandal Organizers, House Owner? However if the Police is not making the party to the house owner? then what steps can be taken?

Toni S. Sachdevani   28 April 2014 at 20:00

Forceful, illegal & unlawful possessionl

A & B are brothers. Suppose A takes the forceful possession of B's Property(Behind the back/ in absence of B)and also just three / four before that files civil suit that B should not disturb his possession. Exhibit5/Interim Application of A is rejected. Meanwhile B also writes to SR.P.I. and then PC. But inaction on Police. Now (1) whether B should Writ or Application u/s.156(3) of Cr.P.? &

(2) What other steps to recover possession?

(3) Any relevant provision/Judgemnent?

Thanks& Regards.

Toni S. Sachdevani   02 April 2014 at 14:57

Possession - the bombay court fees act

If prayer clause reads as

"Grant perpetual injunction restraining Defendants, their AGents, their Servants etc from evicting the Plaintiff from the Suit Flat without following due course of law"

What should be appropriate court fees paid by the Plaintiff according to The Bombay Court Fees Act?? Provision/s & Judgment/s?

Thanks

Toni S. Sachdevani   17 March 2014 at 22:15

Bank loan

Suppose A (a Partnership having 2 partners P & Q) obtains loan of X amount From B Bank and mortgages one property in year 2002. R & S stand guarantors to the transaction. Again P in personal capacity along with some third party obtains loan of Y amount From B Bank in the same year. And again R & S stand guarantors to the transaction. Bank settles first matter in the year 2005 and issues settlement letter and releases mortgaged property in favour new purchaser. Both loans were for 12 months. Till 2005 major payments were made in second transaction. After 2005 nothing transpired. Now in year 2011, B Bank had filed application u/s. 101 of Maharashtra Co-operative Society Act. against P, R, S and that third party. Now in 2014, B Bank has issued recovery notice and making huge claims. B Bank is scheduled & Cooperative Bank. what is law of limitation in this regard??
what provisions??

Toni S. Sachdevani   15 November 2013 at 21:20

Intervention

Can any person/social worker join any criminal prosecution(F.I.R.has been already lodged)? What provisions of Cr.P.C.?? Any Citation???

Toni S. Sachdevani   16 October 2013 at 14:17

Loan agreement

A & B are friends. A claims that B has taken loan from him on the basis of Notarised Loan Agreement. B admits to have bought the stamp paper at the request of A for A's use but refuses any loan transaction. A files summary suit. B does not get leave to defend due to delay. B files Writ in High Court against that order. High Court says deposit half of the amount of loan. B couldnt due financial crisis. Suit is decreed in favour of A.A has initiated execution proceedings & warrant has been issued against B. Now Notary has admitted on his letter head that B has never visited him. One witness to that loan agreement has also executed Affidavit, who says that he has never visited that notary and B has not signed infront of him. Remedies available to B? What provisions?