LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Chhaya Soni   17 October 2008 at 11:44

S. 138 of N. I. Act

Respected Lawyers,

A contractor issued undated cheque favouring a company but after filling amount, name of the company and signing the same as security deposit cheque for duly performing terms and conditions of the Agreement entered by the parties. Contractor failed to complete the work on time and company submitted cheque for encashment which returned unpaid as stop payment, for which 138 is in process, now contractor filed criminal complaint agaist company stating it has forged the cheque, manupulated the same. kindly provide us favouring citations for the same and suggest wat will be the company's ground of defence.

ram   17 October 2008 at 10:53

Combind Will

Sir
If Will cancellation/ Admit another will in single documents is admit for registration pupose. It is valied ?. Any problem in future for that effect
Thank Q

Sandeep   17 October 2008 at 10:28

Applicability of Gratuity


DEar All,

I just wanna know I had worked with a org. for 4 yrs and 252 days. As per the reference of Madras High court judgement I think I am applicable for the Gratuity Payment.

Just wanna have your comments. My employer is not ready to pay the same as per them the judgement is in other contents.

Pls reply.

allurisivajiraju   17 October 2008 at 08:13

Discharge U/S 239 of Cr.P.C.

Respected Seniors,

Whether the Accused is entitled to ask for discharge prior to the committal of a case to the Sessions Court ?

Thanking You Sir.

N.K.Assumi   17 October 2008 at 07:53

Extension of Insolvency Acts.

In case of a State where Insolvency Acts of 1920 and 1909 is not made applicable what steps can the honest debtors take to file petition of insolvency. Is there any other alternate remedy?

Sandip   17 October 2008 at 00:29

Compensation

We got a bottel 3ooml of coca-cola brand which contain lot of dust particle inside. Company's executive visit & observe bottel he agree with fact but till company dont want to compromise with us. So what legal action we take against coca-cola company

Chandra sekhar   16 October 2008 at 22:39

Negotiable Instruments Act


Please clarify whether original Cheque required for prosecuting in N.I. Act. Please quote some case laws.

Chandra sekhar   16 October 2008 at 22:37

Negotiable Instruments Act

Please clarify whether original Cheque required prosecuting in N.I. Act. Please quote some case laws.

Ch. Sujatha   16 October 2008 at 21:52

Order 9 Rule 13 of C.P.C.

Respected Seniors,

In a suit basing on the promissory note after service of summons the defendant filed Vakalat through his Counsel and filed his written statement. Later in the trial stage the PW-1 filed his cheif affidavit, but the Defendant not prefered to cross examine him. After 4 adjournments Court has closed the evidence of the plaintiff. In all the 4 adjournments the PW-1 present. Later defendant not adduced any evidence on his behalf. Finally Court closed the evidence of the Defendant and also posted for judgement. Subsequently suit was decreed in favour of the Plaintiff. In the said decree and judgement the Court not used to the word " Set Ex parte".

Within 30 days from the date of the decree the Defendant filed a petition Under Order 9 Rule 13 of C.P.C. to set aside the said decree and the said petition was posted for Counter.

In the above circumstances the said petition is maintainable or not. Please advice me to file a counter to the said petition. Please refer citations if any in this aspect.

Thanking You Sir.

Ch. Sujatha   16 October 2008 at 21:29

Time barred debt.

REspected Seniors,

In one case Mr. 'A' lent an amount to the Mr. 'B' basing on the promissory note on 30-09-2005. But Mr. 'B' not yet paid the said debt.

Recently on 10-10-2008 (I.e. After expiring the time for 3years and 10 days from the date of execution of promissory note )Mr. 'B' addressed a letter to Mr. 'A' therein he acknowledged his time barred debt.

In the above circumstances Mr. 'A' can recover the said promissory note with the aid of the said letter. If yes what is the procedure.

Thankning You Sir.