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Abhinay Kumar Shaw   15 September 2009 at 08:38

N.I. Act 138.

If a cheque issued by me on 04/09/2008 to the promoter and the same was dishonoured on 16/09/2008.
Can they file any case against me under N.I.Act 138.riven

Abhinay Kumar Shaw   15 September 2009 at 08:22

N.I. Act 138.

What is the Time period to file against sombody on basis of N.I. Act 138.riven

Abhinay Kumar Shaw   15 September 2009 at 08:20

Maan Hani

On what circumstances i can suit a file Maan Haniriven

Dr.Gaurang N. Gandhi   15 September 2009 at 08:19

Caveat

Sir,

My clients are trusty of a Tample.

The legal stamp of the tample is misplaced.

In city survey & Municipality name of the owner is different.

Let me clear that such property as known by olders that this tample is marethan 110 years old and it was constructed on the homes donated by nearer people.

there is no any leal documantory evidences are available to any person.

Now it is very urgent requirement to renovate the same.

What are the legal sapes to be taken to avoid any unfair interuptions?

Because there are some GURUS who told that thay have gift papers! but till today thay refused to show.riven

Arun Krishnan   15 September 2009 at 00:55

Cyber Bank Frauds

Do we have any reported cases regarding internet bank frauds in India?

Are our current laws efficient to deal with such cyber bank frauds?

Which country has effective laws regarding the same?riven

Abhinay Kumar Shaw   15 September 2009 at 00:09

Emergency -

I have purchased a flat from a developer.
As per mutual (partly) and written agreement the cost of acquisition was Rs. 5,84,109/- (Rupees Five Lacs Eighty Four Thousands One Hundred and Nine Only) including Registry Fees, Stamp Duty, Lawyers Fees and Extra Works.
I have made payment of Rs. 5,94,025/- .
After calculation I saw that I had paid and issued excess amount against the cost of acquisition that’s why I withdraw all my amount from my saving bank account and one of the issued cheque of Rs. 25,000 was dishonoured due to insufficient balance.
We request the developer many times over the phone that please come and show me the proper statement of account but he did not respond at all.
But after a long time his advocate send me a Demand Notice of Rs. 25,000 along with the Interest @ 24% and threatened me that if I don’t make payment then they will file a case U/S 420 I.P.C.
Statement Showing Details of Transaction relating to Purchase of Flat

Particulars Amt. Amt. Amt. Amount
Cost of proportionate Plot @ Rs. 725/sq.ft. 514,025
(622 Sq.ft. + 14% super builtup (87 sq.ft.) = 709 sq.ft.
Cost of Registry 43,704
Stamp Duty 36600
FeesandStandardUserCharges 6905
Standard User Charges 199
Lawyers Fees 5,00
Cost of Extra Works 21,380 584,109 Self. Cal. Dev. Cal.
Electricals Switches 2550 3400 Dhalai[(112-35.45 Sq.ft.)=76.55 Sq.ft. @ Rs.165/sq.ft.] 12630 12630
Reserve Tank Water Line - 1500
Basin Water Line 1500 1500
Windows - Marble works 20 sq.ft. @ Rs. 70/sq. ft. 1400 1400
Black Stone with Materials 16 sq. ft. @ Rs. 25/sq.ft. 800 800
Tiles with materials (34.58 sq.ft. @ Rs.25/ sq. ft.) - 865
Gyser Line 2500 4500
Engineering Charges for Measurement of Flat - 1500
21380 28095
Date Paticular's Amount
7/5/200 Cheque 25,000
23/05/2007 Cheque 25,000
3/8/2007 Cheque 25,000
3/8/2007 Cheque 25,000 21/07/2007 Cash 25,000
28/07/2008 Cheque 14,025
29/07/2008 Cheque 400,000
30/07/2008 Cash 7,000
12/8/2009 Cheque 23,000
4/9/2008 Cheque 25,000 594,025 Total Excess Payment (9,916)



riven

Abhinay Kumar Shaw   15 September 2009 at 00:07

S O S

I have purchased a flat from a developer.
As per mutual (partly) and written agreement the cost of acquisition was Rs. 5,84,109/- (Rupees Five Lacs Eighty Four Thousands One Hundred and Nine Only) including Registry Fees, Stamp Duty, Lawyers Fees and Extra Works.
I have made payment of Rs. 5,94,025/- .
After calculation I saw that I had paid and issued excess amount against the cost of acquisition that’s why I withdraw all my amount from my saving bank account and one of the issued cheque of Rs. 25,000 was dishonoured due to insufficient balance.
We request the developer many times over the phone that please come and show me the proper statement of account but he did not respond at all.
But after a long time his advocate send me a Demand Notice of Rs. 25,000 along with the Interest @ 24% and threatened me that if I don’t make payment then they will file a case U/S 420 I.P.C.
Statement Showing Details of Transaction relating to Purchase of Flat

Particulars Amt. Amt. Amt. Amount
Cost of proportionate Plot @ Rs. 725/sq.ft. 514,025
(622 Sq.ft. + 14% super builtup (87 sq.ft.) = 709 sq.ft.
Cost of Registry 43,704
Stamp Duty 36600
FeesandStandardUserCharges 6905
Standard User Charges 199
Lawyers Fees 5,00
Cost of Extra Works 21,380 584,109 Self. Cal. Dev. Cal.
Electricals Switches 2550 3400 Dhalai[(112-35.45 Sq.ft.)=76.55 Sq.ft. @ Rs.165/sq.ft.] 12630 12630
Reserve Tank Water Line - 1500
Basin Water Line 1500 1500
Windows - Marble works 20 sq.ft. @ Rs. 70/sq. ft. 1400 1400
Black Stone with Materials 16 sq. ft. @ Rs. 25/sq.ft. 800 800
Tiles with materials (34.58 sq.ft. @ Rs.25/ sq. ft.) - 865
Gyser Line 2500 4500
Engineering Charges for Measurement of Flat - 1500
21380 28095
Date Paticular's Amount
7/5/200 Cheque 25,000
23/05/2007 Cheque 25,000
3/8/2007 Cheque 25,000
3/8/2007 Cheque 25,000 21/07/2007 Cash 25,000
28/07/2008 Cheque 14,025
29/07/2008 Cheque 400,000
30/07/2008 Cash 7,000
12/8/2009 Cheque 23,000
4/9/2008 Cheque 25,000 594,025 Total Excess Payment (9,916)



riven

Abhinay Kumar Shaw   15 September 2009 at 00:05

S O S

I have purchased a flat from a developer.
As per mutual (partly) and written agreement the cost of acquisition was Rs. 5,84,109/- (Rupees Five Lacs Eighty Four Thousands One Hundred and Nine Only) including Registry Fees, Stamp Duty, Lawyers Fees and Extra Works.
I have made payment of Rs. 5,94,025/- .
After calculation I saw that I had paid and issued excess amount against the cost of acquisition that’s why I withdraw all my amount from my saving bank account and one of the issued cheque of Rs. 25,000 was dishonoured due to insufficient balance.
We request the developer many times over the phone that please come and show me the proper statement of account but he did not respond at all.
But after a long time his advocate send me a Demand Notice of Rs. 25,000 along with the Interest @ 24% and threatened me that if I don’t make payment then they will file a case U/S 420 I.P.C.
Statement Showing Details of Transaction relating to Purchase of Flat

Particulars Amt. Amt. Amt. Amount
Cost of proportionate Plot @ Rs. 725/sq.ft. 514,025
(622 Sq.ft. + 14% super builtup (87 sq.ft.) = 709 sq.ft.
Cost of Registry 43,704
Stamp Duty 36600
FeesandStandardUserCharges 6905
Standard User Charges 199
Lawyers Fees 5,00
Cost of Extra Works 21,380 584,109 Self. Cal. Dev. Cal.
Electricals Switches 2550 3400 Dhalai[(112-35.45 Sq.ft.)=76.55 Sq.ft. @ Rs.165/sq.ft.] 12630 12630
Reserve Tank Water Line - 1500
Basin Water Line 1500 1500
Windows - Marble works 20 sq.ft. @ Rs. 70/sq. ft. 1400 1400
Black Stone with Materials 16 sq. ft. @ Rs. 25/sq.ft. 800 800
Tiles with materials (34.58 sq.ft. @ Rs.25/ sq. ft.) - 865
Gyser Line 2500 4500
Engineering Charges for Measurement of Flat - 1500
21380 28095
Date Paticular's Amount
7/5/200 Cheque 25,000
23/05/2007 Cheque 25,000
3/8/2007 Cheque 25,000
3/8/2007 Cheque 25,000 21/07/2007 Cash 25,000
28/07/2008 Cheque 14,025
29/07/2008 Cheque 400,000
30/07/2008 Cash Cash 7,000.00
12/8/2009 Cheque No. 215471 23,000.00
4/9/2008 Cheque No. 215472 25,000.00 594,025.00
Grand Total (9,916.00)



riven

Raj Kumar Makkad   14 September 2009 at 21:37

Dismissal in probation period

A was working in an un-aided school affiliated with CBSE. As per appointment letter, he had to complete his probation period on 31.03.2009 and it was also spefically written in that letter that on successful completion of his probation, he shall be confirmed. A term was also therein which provided that if either of the party wants to relinquish the job, one month notice/notice pay is mandatory. A was suddenly provided a letter intimating him that as per terms of appointment, he is being releived on 31.03.2009. A filed a civil suit for injunction and a stay was also granted in his favour on 29.03.2009 vide which respondent management was directed not to relieve him till next date of hearing but despite of this A was releived on 31.03.2009.

Contemp of court petition is pending. Suit was also amended and dismissal was challenged.

My quarry is:

1. whether the court can re-instate A with all terminal benefits in service even if impugned order is found illegal?

2. Is a contract of service in private unaided recognised school is not enforceable, if yes, any citation?

3. Whether knowledge to counsel of the party is not sufficient to establish that the respondents were in the knowledge of the court order?

4. Whether admission of some of the facts by respondents either in written statement or in their evidence is needed to be proved by plaintiff?riven

Adv. Deepak   14 September 2009 at 20:53

Maintenance Case CrPC 125

Respondent remained absent when the matter was kept for his evidence. Thereafter, he did not attend the court because of his personal reasons as he was jobless. Now the court has closed the evidence of the repondent stating that he has not availed the opportunity. The matter is posted for arguments. Can Respondent advance his argument? Will court admit it. If written argument is submitted and any document for his income proof is attached to it, will court consider it while passing the final order? Will court ask to show cause why he has remained absent so far? Request the Respected Experts may kindly advise me suitably. Regards. Adv. Deepak.riven