Prateek Biyani
24 September 2009 at 16:32
Sir please explain the basis terminology of Law like 'Halaphnama', writs, decree of court.riven
AMIN M KESHWANI
24 September 2009 at 15:19
I am an Indian. I had issued four crossed account payee cheques canceling bearer words in favour of ICICI Bank Limited. I had given the said security cheques to an agent of ICICI Bank against proposed personal loan who turned out to be a fraud person. He misused two cheques and added his name, account number after the words ICICI Bank Limited. and deposited in his ICICI Bank a/c with Rs.11200/- on one cheque and Rs.8000/- on another cheque. Both the cheques were debited from DCB bank a/c on 18-6-09 and 20-6-09 respectively. Remaining two cheques were stopped by me.
Subsequently, I obtained a photocopy of those two cheques from DCB clearing department which clearly showed that his hand writings were completely different from my handwritings. On enquiry with ICICI Bank, I came to know that he is neither a staff of ICICI bank nor a loan account holder of ICICI Bank. He is merely a customer of the bank. I had written a full stop after the last words Limited. and it was clearly visible. I did not put a line after the words Limited. because the bank from whom I was to get the personal loan would require it for writing my loan a/c number. My intention was to give it to ICICI Bank for loan purpose only and for no other purpose. If my intention was to give the amount to any person, I would straightaway write his name. I will never write the name of the bank first and then the name of the person. Even in the case of dividends received from companies, they first write the name of the payee (shareholders name) and after that they add bank name and bank a/c number of the shareholder.
My question is – Was ICICI Bank right in crediting the amount to its customers account when the first name written on the crossed account payee cheques was of ICICI Bank Limited. ?
Does it matter if first name is of a bank or of a customer? Because I am under the impression that this amount can be credited only in ICICI bank a/c OR any other a/c which is under the control of ICICI bank such as loan a/c and it cannot go to any of the customers a/c of ICICI Bank.
Please advise me as to whether I can claim the loss of Rs.19200/- incurred to me from any of the two banks mentioned above?
riven
attenuator
24 September 2009 at 15:19
Dear members,
I shall be greatly obliged for your kind suggestions concerning the following matter:
I have been married (arranged) for exactly 13 months now but have lived together for only 5 months (from april-aug 2009), as immediately after marriage, I had left for completion of my PhD abroad. Now for the past one month, my wife has been living with her parents after imposing all nonsense and false allegations on me. I do not know anything about their intentions but apprehend that they may file a false case if the results are not to their satisfaction. In this regard, I have a few queries:
1. Since, the property (a duplex house) is on my name, does my wife stand any chance of claiming any share after we get divorced ?
2. Is there any law wherein the dowry is returned after divorce. I ask this as there was no written agreement between both parties ?
3. Since, I am unemployed and not in a position to pay the alimony, will I be instructed by the court to somehow pay it. For your information, we do not have any children as of now ?
4. Also, as far as alimony is concerned, I would like to know how the rules change in case we have a child ?
I shall be extremely thankful if you all could help me out from this extremely unfavourable situation!riven
Jaideep Garg
24 September 2009 at 15:17
Sir I wanted to know that which type of defences available to accused in SC & ST Act. What is the meaning with in public perview. Whether at the time of commission of offence any person from Swaran Communnity is necessarry. Whether the person who belonged to Backward class can be made accused in SC and ST Act.riven
pranay
24 September 2009 at 14:32
Our family is in serious problem . Please help us with an honest suggestion regarding a fake IPC 420 case on my father . Before i convey my problem let me start from beginning . My father is a superintending engineer in Coal India(psu) presently posted in jhanjhra area (west bengal). He was trasferred from korba (chhatisgarh) to this present location in january 2008 . As my father was holding key position in previous posting and being a civil engineer had to deal with different contractors working for coal india. But when he was transferred one contractor who had not a good relation with my father took advantage of the situation and started asking for some money(40k) telling my father has taken from him . While my father is a honest man and never taken any money from him , hence refused all together . Therefore when my father was transferred, after 20 days that contractor lodged a false case of IPC 420 on 22nd jan 2008 that too not as a bribe but ''my father has taken 83 thousand rupee (double the amount that he bargained ) on the name of giving him employment'' . As a witness he pressurised two other contractors . The problem is that the person has a good relation with Town Inspector and the local MLA and therefore the investigation we suppose is a myth . Here i would like to tell that they have no proof as check , draft , my father's signature , etc and all the witness are verbal . My second point is that employment in coal india is not a subject of any civil engineer and they are nowhere in the scene . Even when investigation was done by local police in my father's project, the same enquired from different departments and said that no job application or land aquisition request is there in any department ( we have the copy of that). Henceforth my father applied in local court for anticipatory bail but was rejected stating 'the investigation is still under process '. So my father as per advocate's instruction waited for the primary investgation to be completed and got busy in his work , (he also felt that since this case is just to blackmail hence the police my itself dismiss FIR). This year one day a person phoned telling that the police may come any moment to arrest him so better take an anticipatory bail . Perturbed my father hired a lawyer in bengal and sent him to chhatisgarh court to seek AB . But perhaps papa failed to recognize the wisdom of lawyer, he again went to the same court and moved a petition but instead of writing "second" wrote down " first " , hence lower court told rejected it stating the fact and said to ask for oppology to honourable court . He did the same and got 16th sept 2009 date for hearing but due to unavailibility of case diary gave 23rd sept 2009 as next date . Meanwhile on 19th evening few inspectors came to arrest him and took him to korba by road . As per rule they should take him to court but instead they freed him in korba . This shows they didn't come to arrest him on permission of court and what we came to know afterwards that "to arrest someone from other jurisdiction they must have permission of the court where they are going to arrest a person . So the reason to take my father there was to intimidate him and succum to the demand of complainant (the IO asked a big amount to dismiss the complaint). But again my father refused and left that place . Yes i forgot to mention that after bringing him to korba the policemen said that sought out the problem we have never shown anywhere that we arrested you (but back in west bengal few of my father's well wisher kept the copy of arrest ). By the way on 23rd when again hearing started the judge called my lawyer and said there is no need for hearing as once your bail plea is already rejected in this court so we are legally bound not to give u bail and it won't be appropriate to reject yet again and move this plea to high court you will get bail there . Actually now after this much problem we came to know that never move for AB or bail where it isriven
Amandeep Singh
24 September 2009 at 12:42
Sir,
My father got property share under arbitration award between three of the brothers including my father, but after the award got registered and became a decree and my father's brother challenged on some false grounds claiming large amount of money from us and finally in order to settle the dispute we admit to give the amount of Rs549000 on sale of our property in which we are living and he is also living with us in a room occupied by him.Now when we are ready to sell our house he is demanding 8 lacs more to vacate the property. We are at a loss to know what to do please suggest should we go to court again as the below mentioned compromise deed also written in the courts.
My father Sarvjit Singh
His brother Kuljit Singh
This Compromise Deed is executed on 18-02-2009 at Ludhiana amongst Sh.Kuljit Singh-Petitioner and the respondent No. 1 & 3.
Whereas the aforesaid objection petition is pending against the Arbitration Award dated 11-12-2007 registered on 14-12-2007 with the Sub-registrar, Ludhiana in this Hon’ble Court.The parties have arrived at Compromise and terms & conditions of the same are as under, which is part & parcel and suplementary to the said Award.
1. That the H.No. B-I-815, Ludhiana will be sold in the open market by Sh. Sarvjit Singh within 6 months from the date of getting a T.S..-1 from M.C. Ludhiana. The original time period of 6 months for selling the house will be extended for reasonable time, if any legal complication arises.
2. That none of the parties and their family members of the Arbitration Award shall have no right to purchase the said house in any manner directly or indirectly.
3. That till the sale of the said house, Sh.Kuljit Singh –petitioner has a right to stay and enjoy the said house in a husbandry manner.
4. That after paying Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) to Sh.Kuljit Singh-petitioner by Sh. Sarvjit Singh-respondentNo.1, rest of the consideration amount will belong to Sh. Sarvjit Singh absolutely.
5. That the said amount of Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) shall be paid by Sh.Sarvjit Singh-respondent No.1 to Sh.Kuljit Singh-petitioner at the time of the sale of the house out of the sale proceeds.
6. That on receipt of Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) ,all the claims of Sh.Kuljit Singh-petitioner in respect of the estate of deceased Sh.Gurcharan Singh,father of the objector/petitioner,shall be fully settled and nothing shall be remained due towards Sh.Sarvjit Singh and his family and Smt.Surinder Kaur- respondent No.3.
7. That the above said terms and conditions are part & parcel and suplement to the said Arbitration Award and the same is enforceable and executable along with the above said terms.
8. That each party will give his affidavit regarding no objection for the change of ownership as per the Arbitration Award.
and sir please tell what relations are covered in the term family members.The person is not allowing us to sell the property and waiting for the time to get the property auctioned. A lawyer is suggesting to file an appeal to cancel the above decree on some grounds. Can anybody suggest some solid grounds for the cancellation of the above compromise.
riven
Amandeep Singh
24 September 2009 at 12:41
Sir,
My father got property share under arbitration award between three of the brothers including my father, but after the award got registered and became a decree and my father's brother challenged on some false grounds claiming large amount of money from us and finally in order to settle the dispute we admit to give the amount of Rs549000 on sale of our property in which we are living and he is also living with us in a room occupied by him.Now when we are ready to sell our house he is demanding 8 lacs more to vacate the property. We are at a loss to know what to do please suggest should we go to court again as the below mentioned compromise deed also written in the courts.
My father Sarvjit Singh
His brother Kuljit Singh
This Compromise Deed is executed on 18-02-2009 at Ludhiana amongst Sh.Kuljit Singh-Petitioner and the respondent No. 1 & 3.
Whereas the aforesaid objection petition is pending against the Arbitration Award dated 11-12-2007 registered on 14-12-2007 with the Sub-registrar, Ludhiana in this Hon’ble Court.The parties have arrived at Compromise and terms & conditions of the same are as under, which is part & parcel and suplementary to the said Award.
1. That the H.No. B-I-815, Ludhiana will be sold in the open market by Sh. Sarvjit Singh within 6 months from the date of getting a T.S..-1 from M.C. Ludhiana. The original time period of 6 months for selling the house will be extended for reasonable time, if any legal complication arises.
2. That none of the parties and their family members of the Arbitration Award shall have no right to purchase the said house in any manner directly or indirectly.
3. That till the sale of the said house, Sh.Kuljit Singh –petitioner has a right to stay and enjoy the said house in a husbandry manner.
4. That after paying Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) to Sh.Kuljit Singh-petitioner by Sh. Sarvjit Singh-respondentNo.1, rest of the consideration amount will belong to Sh. Sarvjit Singh absolutely.
5. That the said amount of Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) shall be paid by Sh.Sarvjit Singh-respondent No.1 to Sh.Kuljit Singh-petitioner at the time of the sale of the house out of the sale proceeds.
6. That on receipt of Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) ,all the claims of Sh.Kuljit Singh-petitioner in respect of the estate of deceased Sh.Gurcharan Singh,father of the objector/petitioner,shall be fully settled and nothing shall be remained due towards Sh.Sarvjit Singh and his family and Smt.Surinder Kaur- respondent No.3.
7. That the above said terms and conditions are part & parcel and suplement to the said Arbitration Award and the same is enforceable and executable along with the above said terms.
8. That each party will give his affidavit regarding no objection for the change of ownership as per the Arbitration Award.
and sir please tell what relations are covered in the term family members.The person is not allowing us to sell the property and waiting for the time to get the property auctioned. A lawyer is suggesting to file an appeal to cancel the above decree on some grounds. Can anybody suggest some solid grounds for the cancellation of the above compromise.riven
kamala
24 September 2009 at 12:23
I would like to know about the hindu succession act - whether on death of husband should the wife repay his debts
is it compulsory to produce succession certificate to the bank for changing the liability in her name
if the bank had not asked the person to pay from january 2006, whether law of limitation would apply as on january 2009riven
arun
24 September 2009 at 11:45
tell me about sec. 27 of evidence act in the context of sec. 162 of cr.p.criven
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redevelopement of housing society in mumbai
my housing society in mumbai is passed resolution for redevelopement getting all legal formalities done nexus with developer.
since i stay out of country most of time,not aware of legalities,i am asked to sign acceptance agrrement with developer with threating to face legal case if not signed.
i donot agree with certain terms and conditions mentioned and refused to sign the same.Later i found out that there are 12 out of 56 members refuse to sign.
i am informed by secretary of society that they can forcefully break the lock of my flat in my absense if i dont vacate willingfully.I stay 11 months out of country.
kindly advise my rights and what action i can take to resolve this matterriven