Sagar Kotak
20 May 2022 at 12:17
Brief Facts of the Case:
We [the Complainant] have won the case at the trial court in Bhuj, Kutch U/s. 138 of the Negotiable Instruments Act against Accused who failed to honor his payment for Rs. 75 lacs.
The Accused preferred an Appeal against the said order of the trial court. The Appellate court directed the Accused to deposit an amount of Rs. 22 lacs in court as a pre-condition to accept the appeal as per S. 148 (1) of the NI Act which reads as under:-
"the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty percent of the fine or compensation awarded by the trial Court"
My Query is as follows:
Present Stage: We have filed an application before the Appellate Court to direct the release of the said amount of Rs. 22 lacs deposited by the Accused in favor of the Complainant as per Sec. 148 (3) of the NI Act which reads as under:-
"The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal:
Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant."
I need advice & guidance from my Learned Respected Senior Experts to guide me with relevant Judgements / Precedents / Case Laws / Points of Arguments and / or with any other case material which could help convince the court to release the said amount in favor of the complainant as per S 148 (3) of NI Act.
In spite of the aforesaid law, if the court for some reason denies to release the said amount in favor of the complainant then what are the remedies / options available to the complainant to appeal against the said order? What is the procedure to be followed and which is the competent authority to approach to challenge the order. Can the procedure be expedited or is it a lengthy procedure?
Thanking You In Advance.
Regards.
Anonymous
20 May 2022 at 07:48
I resigned from an IT services company on 20 April 2022 due to better opportunity and dis-satisfaction. As per the appointment letter, an employee has to give 3 months notice before leaving the company. At the time of resignation I did not have any project/work. Recently the manager has assigned a new task and asked me to complete it before last working day (19th July 2022)  otherwise he is planning to extend the last working day indefinitely. Completion of this new task before last working day may not be possible even i work 12 hours/day.
The date of joing in the other compay  will be on 21 July 2022. If not joined on this date, the offer will be cancelled. They may extend only a few days on request.
My anxiety now is that if the current company will not relieve me on or before 19th July 2022, I will become jobless. Because I lose current job due to resignation and other job offer will be cancelled automatically.
Please suggest whether i could file the case in court if current employer will not relieve me before last working day (19 July 2022) on the basis of voilation of notice period term.
Regards
Anonymous
18 May 2022 at 06:57
Dear sir, 1. After FIR filled in police station of A1,A2,A3 then within how much time does the civil suit we can file against accused? Because first time money given to accused 25/7/2019 and upto November we have given and upto 27/2/2021 transactions have made between us and bindover have written at lawyer on march till April 30th 2021 later there is no communication with accused. 2. What will be court and advocate charges for civil case to recover money worth 7.5 lakh from accused if we have cheques and promisory notes which was given by accused? 3. cheques were bounced in the year 19/5/2021 but cheque bounce case have not been registered due to covid so does these cheques valid or not as of now? 4.how many years it will take to recover money through court after filling civil case towards accused?
Anonymous
17 May 2022 at 12:07
Respected Sir,
We had bought DTCP (Director of Town and Country Planning) approved plots in proximity to Shamsabad Airport, outskirts of Hyderabad in 2005 and secured our plots with fencing.
Now after a long gap of 15 years, one person filed civil suit against all plot holders that the entire land in which plotting was done was bought by him via SALE DEED even before the plots were sold to the plot holders and that the entire land belongs to him. We had bought plots only after checking the ENCUMBRANCE CERTIFICATE, i.e. if those plots which we were to buy were free from all ENCUBRANCES. The ENCUMBRANCE CERTIFICATES SHOWED that Plots were free from all ENCUMBRANCES. Where do we (PLOT HOLDERS) stand legally.
Second point is, Notices regarding Civil Suit (filed by person claiming entire land) received by only few of the plot holders and they are preparing for a reply. Now if the remaining plotholders (who have not received notices) do not join in the Reply to the Civil Suit, would their plots be EXPARTEED in favour of the Petitioner. Kindly reply Sir. Thanks in Advance.
Narayanan kv
14 May 2022 at 19:51
Sir/Madam
Myself Narayanan , At present am an farmer .Earlier I was working with a partnership firm from 2009-2021
( Job confirmed on 2011) . They are doing multiple business like mining - retail (Petroleum-product) and etc..No appointment letter was issued. They started to pay pf after 2011-jun. first three years i was worked in site ( contract work done by company) duty assigned by my supervisor. After that I was transferred to Head office in 2012 No transfer letter everything is in oral. From 2013 I was working in head office as an assistant
( designation mentioned in pf slip & salary certificate) . company has two petrol pump and doing retail business . Each outlet has manger and cashiers and they were doing purchase , sales remit cash in bank and they will submit report to head office . My work starts here , receive the data's ( reports from branch-outlet) and summarize and forward to my seniors. I was doing the work as directed by chief accountant and gm. it was going on. meanwhile in branches they started to give credit to customers. At on stage it was in crore . I was informing everything to chief accountant/ gm in written and oral on daily basis. I was entering data's in computer received from branches/outlet and generating reports . That can be viewed by every one of my superiors . Also I was making cheque payment to buyers - all are accounted as directed by accountant and gm. no cash transactions involved with me as the sales is done by branches. i do make bills payment and entering data's and filing Gst returns and submitting reports. at one stage company couldn't meet daily payment because of increase in credit sales and matter has taken to managing director, branch managers was called to head office and conduct a meeting and both branch managers assured and assigned to collect the entire outstanding and gave a written statement that they are responsible for outstanding and cash suspense. It was happen in Nov 2020. salary has stopped to branch managers from Nov 2020. It is surprised no salary for me also for dec 2020. Both branch managers was not come to office form Jan 2021. but I was going and advised by gm/chief account to go for collection / and pick cash from branch and deposit in bank/ various duty. till mar 2021 I didn't get my salary in Apr i got my dec salary then In May I got my Jan salary & in Jun I got my Feb salary. I was asked to stop all head office duty from Jan 2021 and sent to collection and cash pick up duty. in Jun 2021 new person was appointed for my seat in heat office. In 25'th Jun 2021 I went to head office I was no seat to sit and no work was assigned to me and got no proper reply. Next day onward I stop to going office and sent resignation to head office by mail in 1st Jul 2021. I got reply that it was kept pending due to not hand over the sales /purchase details and accounting related statement. But IT- incometax return has been filled for the entire period.
my resignation letter I-7-2021
Sir,
Due to tight corner, I am unable to continue my service; hence I may be relieved
from service with immediate effect. My settlement may be settled at the earliest
please.
Thank you for opportunities you have provided me over the past ten years.
Thanking you
Reply from Head Office 3-7-2021
Dear Mr.Narayanan,
Please note that you have not properly handed over the documents handled by you and also the
pending collections of both the outlets for which you are accountable. You have not attended office
after the lock down has been lifted by the State Government. In view of this, we are unable to accept
your resignation and your relieving has been put on hold.
You are hereby instructed to properly hand over the documents and collect the pending payments
failing which, we may be forced to take appropriate action.
My reply 5-7-2021
I was appointed as Asst., merely doing the work of book keeper with the proper supervision of Chief Acct. & GM. I am not holding any Official documents, I immediately submitted everything after the task was completed by me, to the Chief Accountant/ higher Official to finalize, audit/inspection and for further action.
All the credit sales are provided by the Branch Managers at their own discretion (in this connection the branchmangers already submitted written assurance/Undertaking for outstanding).While the Branch Managers are goingfor collection, myself accompanied only (with Office Interest, in my own vehicle without getting any allowances for my accompany), that too, as asked by the GM & Chief Accountant. Immediately after accompany, I have reportedeverything to the GM and Chief Acct.
In this situation, I wish to recollect one incident, during accompany with the Manager, one party used
vulgar/unparlimetray words against me (threatened me that, he will murdered me) and attacked me with Chair. I immediately reported this to GM & Chief Acct., but till date, no response/action from the Office to protect me. For the past 2-3 Months, I am not receiving any salary from the Office. Moreover, in the present situation ( Covid 19), it is not advisable to travel in the crowded Buses. And also the Petrol rates are high, I am unable to spend any penny from my pocket, without getting salary or any transport expenses.
In the meantime, you have appointed new one in my post and no seat available for me to sit and also you have already taken back all the documents and left me alone without assigning any work.
You are all aware of that, I have worked sincerely without any office of profit except my salary, in good faith and without any negligence that too, under the supervision of GM / Chief Acct,. If any action for good faith, then I will prove my side. No one left the job in the present situation, that too with good salary. I am leaving the job for survival (to safeguard me from Corona virus -as no one is left , except me to take care of my aged mother).That is the only reason for quitting job. Hence, I request you to accept my resignation, relive me and process my settlements at the earliest please.
Recently in Apr 2022- I got same in register post and replied the same to head office by registered post.
Today morning (13-5-2022) I got phone call from commissioner office and asked me to come for an enquiry against the complaint on me from my ex employer.
Please advice me am sleepless for last four years ..... time is very short am feared..... what is my mistake here
how to handle this situation. is it civil or criminal? how to handle this situation tomorrow morning i have to go commissioner office please advice me ..... am sleepless and couldn't concentrate with my personal work
. i never enjoyed a penny of money from office except my salary. am sure about that.
Thanking you
Narayanan K.V.
Recent update misappropriated complaint given on me for Rs.3500000/-
Nidhin M
13 May 2022 at 17:50
My mother's sister has been staying with us for the past 50 years. She is unmarried and 75 years old. Recently she left our house and started staying with a lady(40 years old) who is completely unrelated to our family. My mother's sister was showing some signs of mental issues before leaving our house. We had many times tried to get her examined by a psychiatrist before she left our house but she was not ready to co-operate with us. She was taking some anti-depressant medicine before leaving our house. We believe that she is suffering from some mental illness that is the reason she left our house.
The lady with whom our aunty is staying now was our neighbour for a couple of years and at that time she could able to establish a good relationship with our aunty and now her house is away from our house but regularly visits our neighbouring temples and all. As my aunty was showing some mental issues like, speaking vaguely alone, showing gestures alone, changing mood continuously, etc while staying with us,we tried to get her examined by a psychiatrist but my aunty was like she is absolutely fine. This unknown lady told my aunty that our family is trying to make my aunty a mad person and now my aunty believes that. Now, this lady is not allowing us to see our aunty.Her intention is to grab property in her name. He is taking a stand that a person who attained the age of majority can live with anyone at their wish. My aunty is also not ready to cooperate with us.
Could you please help us to understand whom should we approach to get her examined by a psychiatrist and give her the proper required treatment.
Jit Esh
10 May 2022 at 14:04
My father had been living in pre-independence era house, in Ambala. Things like Electricity, Water and Property Tax in Municipal Committee's accounts are all in the name of my father.
In the name of house-related papers, we've got a Stamp-Paper having will written on it, with official sub-registrar seals and witnesses. Tehsildar's office does not want to spend time checking this will in their records. I guess because this is dated in 1940. They instead are asking us to provide them with some registry no. which we don't know.
What should be done in this case? I am either looking to have this house transferred in my name, to finally sell it or I want to get rid of my name from this house, so that I won't be held responsible for anything that happens with/in this house.
Thank you.
Chintu
07 May 2022 at 16:34
If a person cheated in the name of job group C in railways and luted money worth 1crore from 20 persons then how many FIRs can be filled against him.if it is either 1 FIR which can be attached to single charge sheet or multiple FIRs from multiple persons with more charge sheets.could you let me know
vince
03 May 2022 at 11:30
Hi,
I needed your advice regarding a problem
I am a married man living with my parents in the same house. The house is on my father's name. My younger sister has been married. All the house and other expenses are carried out by me. Presently there are lots of fight going on with my parents and the reason is my sister provoking them by saying lot of false things to them about me and my wife. Also since her husband is on ship, she happens to stay at my place almost daily which is creating a lot of problem. So I have some doubts which I need some inputs from you.
1. How to find out whether my father has created any Will. Can I have any knowledge about it without asking them so that it doesn't create more problem.
If he hasn't made a WILL, how much percent of property am I entitled to? Like would it be 50-50 between me and my sister, or I would have more hold compared to her?
2. What if he decides to give this current house and his earned money which is in bank account to my sister and nothing to me?(There is a high probability this could happen) Is there any way I can fight for it legally. Do I have to preserve any proof at present which will help in future.
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