dkshankar
07 June 2009 at 12:55
One "X" borrowed a sum of Rs. 5,00,000/- from One "A" and deposited his documents of title. Later when "A" demanded payment for the debt "X" gave a cheque for Rs.5,50,000/- towards full satisfaction of the debt. When the cheque was presented for collection it was returned with an endorsement that "In sufficient Funds". Mr. "A" sent a statutory notice under Section 138 of N.I.Act demanding payment. "X" received the notice and sent a reply that he did not borrow the money he gave the documents to his relative "Y" for his bank loan and MR. "A" got the document from "Y" using rowdy elements, and now used the documents and cheque to unlawfully enrich, and "X" does not has a account in the bank and the cheque issued is not his Account. "X"'s relative "Y" is also one of the debtors to Mr."A". "Y" and his father one year back sent a letter admitting that Y borrowed the debt and debt of "X" also. "A" has sent a notice to the "X"'s bank that the chueque was returned for the reasons insufficent funds and not as signature differs? but x states that it is not his A/c. Bank sent a reply that the Account is a Company cheque and "Y" is the authorised person issuing the cheque. It is Now clear that both "X" and "Y" inorder to avoid their liablity "X" issued "Y's" cheque by puting "X" signature to cheated Mr."A". In the mean time 30 days lapsed and now shall i file a complaint against "X" eventhough the cheque was belong to "Y" A/c or file a cheating case under Sec 420 I.P.C against both X and Y. Advice me in this regard.
vinod bansal
07 June 2009 at 10:36
R/members
A complaint made before police us 395(robbery)/323/506 ipc etc. by me but police didnot initiate any action against culprits those were named in complaint ,thereafter i filed a crl complaint us 395(robbery)/323/506 ipc etc. before magistrate & magistrate has recorded preliminary evidence in this complaint case i stated names of all culprits in my evidence ,now i want to know what will be the fate of allegation of the robbery as now the case is pending before the magistrate thats why recovery could not be effected of my looted articles, in the absence of recovery court can summon/punish the culprit or not.Thanks
Vishwa
07 June 2009 at 00:39
There are many overseas Indians who adopt the nationality of the country where they live. They thus hold foreign passports and need a visa to visit their motherland where they often have very close family, religious and cultural attachments.
The present government has vastly improved the amenities available to this category of people by introducing Person of Indian Origin and Overseas Indians cards that certainly make travel and residence in India far easier, even though to obtain this card is a big hassle.
Even so, a person born in India is liable for prosecution if for example, he overstays his visa.
My question is, does a person of Indian origin have a right to territory, what the French call "droit au sol" and whether a criminal prosecution of such persons is legally and morally right. Because the right of a person of Indian origin to return to his country of birth should be considered a part of natural law.
anshul sangal
06 June 2009 at 22:03
Sir i have two query regarding ESI.
First is by whom contribution is paid whether it is immediate employer or principal employer?
What is mean by contribution period under ESI
P.S.Subbaraman
06 June 2009 at 21:43
Is Employee State Insurance Act applicable to a factory which is a mine related industry. Are they exempted ? Are there any case laws on the above subject ?
saurabh kaushik
06 June 2009 at 21:29
how do court interpretate the law embeeded in decision of court themself and through which method do court develop such law?
saurabh kaushik
06 June 2009 at 21:27
how do court interpretate the law embeeded in decision of court themself and through which method do court develop such law?
yogesh
06 June 2009 at 21:18
Dear Sir,
I need information regarding filing
Written Arguments in the CAT.There is no clause regarding Filing Written Arguments in CAT practise Rules.If the matter is ready for final hearing.Can an applicant/lawyer files the same with the leave of the bench/registrar
Please inform is it mandatory to serve the copy of the written arguments to the opposite party/Respondents
Regards
akki
06 June 2009 at 21:13
Do property wills have to be registered? if not done 'Will' is invalidated?
How do we get a copy of a will from official sources? And which is the official source?
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Negotiable Instrument Act Cases
In a cheque dishonour case, Though the same is tried before the Judicial Magistrate through legal fiction.Sometimes amendment application are required to be filed as to amend the complaint . Is there any specific provision under the Criminal Procedure Code or any cited case laws ?