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manivannan   22 September 2018 at 09:28

Cheque bounce case

Hi Sir/Madam,
Two year back i gave some amount to my known friend for interest for his business needs and i took blank cheque(signed) as security. now i am asking him to repay my amount for the last one year. but he is not yet. when i think to file NIA 138 cheque bounce case i was told that i cant file a case with blank cheque(filled by me excep signature) as that would be cosidered as material alteration with security cheque i cant.

so i took a new cheque from my friend filled half of the amount for a particular date. now it has been filled fully by him and singed in my father name(crossed cheque) as i moved to foreign.

Can my father file a case under NIA 138 against him if the cheque bounces? or do i need to have any other documents signed from him? Also

1. Can cheque bounce case valid for any reason cheque bounce . for example if he given stop payment for that cheque number after giving it to me? or it is valid only it bounces for insuffients fund?
2. what action i/my father can take if it bounces for any other reason?
3. Can my father say in court that my son is in foreign so his friend gave cheque in my name which was not cleared. so i can file and continue the case?
4. do i need to physically appear in court for any reason? as i transferred money to him?
5. i paid him money through my bank account online (in 2 transfer). do i need to show any proof of income in any case(i can still show it as i get salary after tax deduction).
6. does my father has full rights to file a case as cheque was in his name? do i need to give any power of attorney?

Note : i have posted the same query earlier as anonymous (i dont know the rules of the portal as i am new to this site.). now posted in my login.

shyamal   22 September 2018 at 08:40

Mutation of building

Sir
My father made a will where he gave a single storied building to me. There were 4 legal heirs. We did not take probate. Instead we did mutation in the municipality. In the form of the municipality and in the Affidavit, I was the first applicant and the rest followed.
However, my brother went for hearing in the municipality and we all gave him the power of authority .When I received the mutation certificate, I saw that the name of my mother was in the first place and the name of myself was in the second place.
Please guide me to know whether the Sl No of the names in the mutation certificate really matters in the ultimate ownership of the building or whether there is any procedure so that necessary correction can be made and bring back my name in the first place.

Shyamal.

4WhatIsRight   22 September 2018 at 02:50

Can a disputed agreement be impounded?

In a suit for specific performance the defendant is not admitting the execution of the agreement for sale for property, but at the same time is requesting the court to impound the said agreement, as it is understamped, and levy penalty.
Can an agreement whose execution is disputed be impounded and penalty levied?

Anonymous   22 September 2018 at 01:00

Non payment of incentives

Dear sir, I worked for CEAT Ltd. as Distributor sales Executive for 2 years. The Team Leader of Ceat ltd. Appointed me & said there will be incentives quarterly as per targets but when I asked him he avoided me & after six months of my joining when I requested to seniors in company for my incentives they asked TL to answer me then first he said my performance was poor & targets were not achieved & when I asked him details about targets & achievement I was shocked my targets were achieved almost in every month & he shared my incentive with other person with fake name who worked for distributor. He also not shown my name to company that I had joined for six months but I have enough records that I worked for feat because I used to claim tyres & make documents for company. Should I send legal notice through lawyer or go to labour commissioner office?

Anonymous   22 September 2018 at 00:44

Divorced male allowed to have baby via surrogacy?

I am divorced male age 35 who do not want to remarry.

I have enquired at few hospitals for getting baby through surrogate mother. There is no unanimous opinion regarding providing such service.

Some hospitals said they will do it as bill not yet passed and is before parliamentary standing committee.

Some hospitals said they wont do it for divorced/single men or women who want to get baby through surrogate mother.

The amount is 7-9 lakhs which I am ready to pay but as there is uncertainty as to legal standing of baby through surrogate mother, I want to know what is the position as on date with regard to this?

S. Sri Ramya   22 September 2018 at 00:13

Is it mandatory to disclose distribution of wealth in will?

Is it mandatory to disclose details about distribution of wealth in the will, if the main intention of creating the will is to declare legal heirs. will it be sufficient if we just mention so and so persons are my legal heirs and my wealth is to be distributed equally among them, without disclosing or mentioning about assets and distribution of wealth. Thank you.

Anonymous   21 September 2018 at 22:44

How long opponent can take Dates in consumer court?

Sir, I have been cheated by the builder when I purchased a flat in Dharwad of Karnataka. Against builder, I have approched consumer court in the month of July,2017. Since last 2 months and 20 days, opponent is remaining absent for arguments. How long it can Happen? If he continues like this then what does court do?.

Kumar   21 September 2018 at 22:39

How long opponent can take Dates in consumer court?

Sir, I have been cheated by the builder when I purchased a flat in Dharwad of Karnataka. Against builder, I have approched consumer court in the month of July,2017. Since last 2 months and 20 days, opponent is remaining absent for arguments. How long it can Happen? If he continues like this then what does court do?.

Anonymous   21 September 2018 at 21:50

Cheque bounce case

Hi Sir/Madam, two year back i gave some amount to my known friend for interest for his business needs and i took blank cheque(signed) as security. now i am asking him to repay my amount for the last one year. but he is not yet. when i think to file NIA 138 cheque bounce case i was told that i cant file a case with blank cheque(filled by me excep signature) as that would be cosidered as material alteration with security cheque i cant.
so i took a new cheque from my friend filled half of the amount for a particular date. now it has been filled fully by him and singed in my father name(crossed cheque) as i moved to foreign. Can my father file a case under NIA 138 against him if the cheque bounces? or do i need to have any other documents signed from him? Also
1. Can cheque bounce case valid for any reason cheque bounce . for example if he given stop payment for that cheque number after giving it to me? or it is valid only it bounces for insuffients fund?
2. what action i/my father can take if it bounces for any other reason?
3. Can my father say in court that my son is in foreign so his friend gave cheque in my name which was not cleared. so i can file and continue the case?
4. do i need to physically appear in court for any reason? as i transferred money to him?
5. i paid him money through my bank account online (in 2 transfer). do i need to show any proof of income in any case(i can still show it as i get salary after tax deduction).
6. does my father has full rights to file a case as cheque was in his name? do i need to give any power of attorney?

Anonymous   21 September 2018 at 21:29

Self aquired property with joint family property

My grand father got one house property .and a agriculture land through gift deed and one house property also purchased as self aquired property...and my grand father asking his elder brother for his share in joint family oroperties and filed a partition suit in 2005 for joint family property.....now my grand father brother legal hairs wanted to join my aunty gifted property.alongwith selfaquired house property in to the partition suit.whether it is maintainable