CreateGoodwill
12 November 2011 at 11:05
I have deposit the chq for 10L which got returned
we are regularly following up with the partner for payments .. and following up at his office and residence
we have sent legal notice under sec NI138
they came return .. postal remarks, out of station for long time, left respectively
though we are following up at same address.
now on what basis we can file NI138 case against them
pl suggest
Deepak Nair
12 November 2011 at 10:13
What steps can be taken in case we fail to send a notice under section 138 of NI Act within 30 days?? Eg: One failed to send a notice in time and wants to send the notice after a delay of 20 days? Can this delay be condoned in court? If not what other measure can be taken to recover money through criminal proceedings??
Advocate Rajiv Mishra
11 November 2011 at 16:12
Sirs,
Demand notice send on 23.9.11,returned unclaimed on 4.10.11,kindly suggest is there time rest or lapsed to file the complaint or should i go for delay condonation?
Mnselvaraaj
11 November 2011 at 11:17
during the pendency of civil suit, can the defendant sale the suit property to the third party?
tarun
12 June 2011 at 19:21
Please advice
A alongwith his 1 brother and 1 sister acquire equal share in ancestral property. A transfer his 1/3rd share in favour of his brother by executing will in 1982. A died in 1983 leaving behind his wife and daughter. Does A' daughter and wife has right in the ancestral property of A. Can A's daughter file a suit for partition..?
Anonymous
12 June 2011 at 14:28
My father married my mother without divorcing his first wife. my father expired 28 yrs ago.
Im 33 yrs old now and my elder brother is 38.
We had always known that our father had left behind some properties but did not know that it was so vast.
My step brother and his siblings has possession of these properties who will not share it with us now. We also learned that they have sold some of those properties and some have been mortgaged to banks. They still hold a large amount of the property which is not sold or mortgaged. This property is not ancestral but earned by my father.
Questions
1)Can me and my brother still file a partition suit?
2)If i file a partition suit can my step brother still sell or mortgage the rest of the disputed properties? If yes how do i stop him?
3)what will happen to properties thats already been sold or mortgaged? How can i recover those?
4)What wud be the time frame to get a judgement from court?
Thank u for ur time and effort.
lalit
15 March 2011 at 20:34
Plaintiffs have filed a suit for declaration & permanent and mandatory injunction titled Dharam singh and others v/s Shamlat thok & others in the court of Distt.Collector Faridabad. The suit/ plaint has been drafted in English language. now some villagers being proprietors of shamlat thok land have filed an application in the said court under O7 R11 C.P.C and Rule 44 of Punjab land revenue rules to reject the plaint of the plaintiff because as per rule 44, the suit filed in English language is barred and the court can allow to file the suit which drafted in Hindi language.
But I think that the language Hindi shown Rule 44 is only for revenue offices and not for revenue courts.
Ques.1. Whether the suit drafted in English language instead of Hindi language in maintainable or not?
Ques.2. Whether the suit / plaint can be rejected on this ground or not?
Ques.3. Whether suit/ plaint can be rejected under Rule 44 of Punjab land revenue rules being drafted in english language?
Prashant Kumar Jha
15 March 2011 at 17:19
Resp Sir
I will be very Grateful if I will get the right path from our senior experts the case is as under
My client(husband) purchased a property on the name of his wife in 1990 in short khasera No A but he didn't got the posession of the said piece of land, in the registered deed 1 more piece khesra No-B of land was entered by the seller and the purchaser in the case if my client will not get the posession of the Piece of Khesra No-A , the seller will give the posession of Khesra No-B but willingly the seller didn't gave my client any posession either of Khesra-A or Khesra-B.
Thereafter after a long persuation process by the well wishers of both seller and purchaser, the seller totally refused to give posession of any land to my client, so my client moves to court for declaration for Posession of Kheshra B to my client,as the case is pending before the Hon'ble Sub Judge since 5 years, Now the respondents Adv argued that Petitioner's wife is not coming to the court as she is 70+ and suffering from various desiese she is unable to attend court and then the Hon'ble Subjudge declined the prayer of the petitioner that his wife is unable to attend the court, as my client has submitted the POA given by his wife and medical certificate of Govt DOCTORS and ordered to produce the lady on whose name the said land was purchased.
Sir
My 1st Querry:can my client move to Highcourt for the said exemption of personel appearance as she is sick and already given POA in favour of his husband.They are in Joint Hindu family from Bihar
2nd:- I need some Judgments of Highcourts/apex court regarding this Personel appearence Exemption.
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
138 n i act a/c closed?
Can a cheque still well within 6 months returned by bank with endorsement" account closed", be represented again for collection if no notice could be sent earlier to strike a fresh cause of action.??