kaushik mamtora
14 July 2008 at 13:09
i am saling my flat which is 3 year old.the soc is still with builder.now builder is asking 2 lakh apart from my dues.only for n o c.what to do advise me.
Bhaskar Lawyer
14 July 2008 at 11:44
Inspite of stop payment instructions of the customer, his banker paid the amount covered by cheque to payee.
Can the instrument(cheque) is invalid for unauthorised payment ?
can the bank can recover the amount from the payee for the payment paid by mistake inspite of stop payment instructions ?
What is the liability of the bank towards its customer for payment of cheque in spite of specific mandate of the drawer of the cheque ?
What is the best recourse for the bank if the drawer is insisting for restoration of amount paid under the cheque ?
Please answer the queries with case laws, if possible.
Member (Account Deleted)
14 July 2008 at 09:22
Hi,
I am in need of information on Firms in the US for my special project. Please help me.
garibnathsah
14 July 2008 at 01:58
sir,
employers contribution to provident is exempted upto 12% of employee's salary under which sub-section 10. kindly help me in this regard.
with regards
garib nath sah
NITIN KAPOOR
14 July 2008 at 00:26
I WANT TO MARRY A GIRL WHO IS 21YRS OLD BUT DUE TO DIFFERENT CAST THE PARENTS OF THE GIRL ARE NOT READY.THE ARE
HARRASSING THE AND NOT ALLOWING HER TO GO OUT SIDE.AND IAM A LAW GRADUATE.BUT UNABLE TO DO ANY THING.
PLZ SUGGEST ME.WHAT ARE THE POSSIBLE REMEDIES FOR ME?
Sukhija
13 July 2008 at 21:59
In a criminal complaint filed by complainant the name of Accused is wrongly mentioned and summons are also issued to the accused by the court at his address , but the name is not correct.Address is correct.The cheque is signed by proprietor of company,name is not mentioned.My Query is
1)If NBW is issued against Accused, can the person living at that address be arrested in execution of warrant? I think ,no
2)Can the complaint be amended afterwards? correct name of Accused will be allowed to insert in the complaint?
3)Should Accused go for revision now against issuance of process?or wait and go for trial?
4)Should Accused himself appear and face trial?
sahil Anand
13 July 2008 at 21:43
Hi..
I would like to take an expert advice before I take any legal help.
I was working with an "ABC" Multinational Co. I served the organization for abt 7.5 Yrs. I resigned from the services & served the notice period for two months. As per my promotion letter I had to serve three months notice but I was only able to serve two months of notice. I had over 32 days pending leaves & i was of the opinion that my 32 days pending leave will cover my remaining notice period of 30 days. I requested the management to relieve me from the services but the management wanted me to serve complete three months notice. They were not willing to accept any payment in lieu of notice period. So, I served two months notice and then went on leave for remaining one month. I then joined the other organization "XYZ" thinking that the previous organization will adjust my 32 days pending leave in the remaining notice period which never happened. And the previous organization terminated my services on the ground of dual employment. I am asking the previous organization to give me the experience letter since I had worked with the same for over 7.5 Yrs. So should I take legal help in getting an experience letter for myself & secondly is there termination valid.....?????
lawyers friend
13 July 2008 at 21:39
hi,
one of my friend give me this "judgment of the Madras High Court"
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The judgment of the Madras High Court quoted in the news report below could help you in criminal cases.
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Keep off civil disputes, HC tells police
It Will Only Result In Huge Pendency Of Cases: Judge
A Subramani | TNN / TIMES OF INDIA, CHENNAI 13 July 2008
Chennai: Can criminal proceedings be initiated for issues concerning credit cards, personal loans, housing loans, hire-purchase schemes, default in payment of instalments and cheque-bounce cases?
No, is the Madras High Court's emphatic answer.
Neither the judicial/metropolitan magistrates shall entertain any private complaints from corporate firms in this connection, nor shall the police register criminal cases against persons concerned to please their corporate complainants, said Justice R Regupathi.
Not stopping with that, the judge directed the high court's registrar (vigilance) to compile state-wide statistics on the number of private complaints lodged for these civil disputes, and the orders passed by the magistrates concerned.
Narrating the novel system adopted by private financial institutions/banks, the judge said they file private complaints before magistrates and secure an order directing the jurisdictional police to register a criminal case and carry out investigations under Section 156(3) of the CrPc. Despite the fact that the dispute is civil in nature and the police are under no obligation to register any case, police personnel contact the persons and intimidate them to repay the credit card payment or personal loan or hire-purchase amount due to the bank.
Citing two specific cases that came up before him, Justice Regupathi said in both cases though there was nothing to investigate, the magistrate concerned, "with oblique motive to convert a civil case into a criminal case," directed police to register a case and probe.
CURBING ABUSE
Magistrates asked not to entertain private complaints
Police not to register criminal cases in such complaints
Erring magistrates warned of stringent action
HC registrar asked to compile statistics on number of private complaints
Also asked to report on the orders passed by the magistrates concerned
Banks using police to harass defaulters: HC
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also in "judgement of the Supreme Court" wherein it has been decided that the NBW could not be issued at the first instance. It had to be preceede by summons and a bailable warrant.
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Kindly advice if this Judgment is there then how could the Banks had issues Warrants and filed cases on me under Criminal Law from the lower court,can I get those cases and warrants/summons cancelled on basis of this judgment and can we take action against banks and sue them for mental harassment.can i file PIL for this.
Member (Account Deleted)
13 July 2008 at 20:54
Can someone please enlighten me as to how can courts grant anticipatory bail to those accused who have gone into hiding?
Is such an order of the court granting anticipatory bail to absconders justified?
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registration of limited liability partnership
dear sir
please help me
what is the procedure to be followed while registering the limited liability partnership firm
thanks