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Jitendra Raval   15 April 2009 at 19:41

Negotiable instrument Act--138---Accused to be discharge

The complainant had send the notice to the accused throught UPC and RPAD on 26.09.2007 and returned 'Unclaimed ' by the concerned post office on 22.10.2007. The complaint filed by the the complainant on 01.11.2007. Both UPC and RPAD not received by accused and accused is in a position to rebutt as non delivery is confirmed by the POST OFFICE authorities. The learned megistrate took the cognizance of the complaint on 02.11.2007 and issued the process to the acccused.

Under above circumstances,
1. Whether accused can approach the same court for 'Discharge' as it is the premature complaint and court has also took cognization prematurely????

2. Under which saction of CRPC accused should approach. S. 245 or 258?

3. Whether he should produce the document given by Post office related to non receipt of notice in the same hearing?

4. Kindly convey citation if you have.

My email id is jhraval@hotmail.com

Thanks

Y V Vishweshwar Rao   15 April 2009 at 16:12

Genera Power of attorney

One of my client has ancestral property in Manmad of Maharastra State . There are 10 share holders , living in defferent parts of india, and one is residing in AP , all other share holders are intending to execute and Register the GPA in favour of one share holder residing in AP with Stamp duty of Rs;- 1000/-
1 Whether the same is valid and can be accepted by SRO in Maharastra - for registration of Deeds .

or
2-The deficit stamp duty as applicable in Maharastra state to be paid in Maharastra state -
or-
3- the GPA should be registered in Maharsatra state with applicable Stamp Duty -

4-what is the Stamp duty applicable in Maharastra state for GPA by share holders in favour of another share holder -

I requst any advocate from Nasic District to respond and help my client in this regard !

Thanks in advance !

Pramod Kumar   15 April 2009 at 14:42

Notice and Suit

Dear Esteemed Member,

I appreciate your prompt response to my query but I need to have some more clarity on the ambiguity I have reached in my mind.

1. As said by Mr. Sarin and Mr. Rao, if you don't reply to the notice, the court may take cognizance/admission against my client and therefore it may act against my client.

2. Which is the best option to proceed ahead now.

(a) Give a reply notice and then file the suit.

(b) File a suit and prove the grave circumstances that may act against my client as a result in delay for giving reply notice and then filing the suit.

Awaiting your suggestions.


Regards,

Pramod

Vassudev Amonkar   15 April 2009 at 13:42

Constitutional position on Strike

Hi,
can anybody provide me the latest Judgment of the Hon'ble Supreme Court wherein the Supreme Court has recognised the right to strike.

PRAKASHCHANDRA MARU   15 April 2009 at 13:37

REGARDING THE ADDRES OF ARBITRATION TRIBUNAL

HELLO ALL EXPERTS,
I WOULD LIKE TO KNOW THE FULL ADDRESS OF THE PUBLIC INFORMATION OFFICER WHO APPOINTED UNDER THR RTI ACT 2005 OF THE MADRASS [CHENNAI] ARBITRATION TRIBUNAL
THANKS IN ADVANCE

Rajpreet Singh   15 April 2009 at 13:27

Production Incentive Scheme

Dear Sir,
Please advice, can a customised production incentive scheme be formed under which all the workers are paid a uniform rate of production incentive say 30% of basic wages. Under the scheme all the workers will be paid Production Incentive if month's actual production exceeds target production. What are the records to be maintained for this and what are the other legal formalities regarding this.
Thanks
CA Rajpreet Singh
+9915135627

samudra   15 April 2009 at 13:20

Share in a HUF

Respected Members of the Forum!
My Brothers are Denying me the Share in the Family( All the properties are self earned by my Brothers over along period of time, I too participated at some time of my life as Explained below ). As i was working in Govt. service, My name was not included in our business firm, But we were living together in the same premises and carrying out the business. after some Time /years, I too have joined in the Business( After i Resigned from the Govt. job,but my name was not included in the FIRM). After lapse of some time, My brothers Divided the property, among themselves denying the share to me.

What should i do?

With regards...

prateek saxena   15 April 2009 at 13:07

stamp paper

dear all,

i have a stamp paper dtd march 2007 . and want to use it for the dt nov 2007 .

IMPORTANT THING TO BE GIVE THAT I WANT TO USE AGREEMENT ONLY AS FOR GIVING SURRENDER OF LAND ONLY ON RECORD, NOT INVOLVE AND CONSIDERATION.


can i do use? it is valid or not?

advice with certain relevant law.

hope u help me

prateek saxena   15 April 2009 at 12:57

stamp paper

dear all,

i have a stamp paper dtd march 2007 . and want to use it for the dt nov 2007 . can i do use? it is valid or not?

advice with certain relevant law.

hope u help me

basheer khan   15 April 2009 at 11:56

payment of gratuity

respected sir
the after the death of the deceased employee, the employer stop the payment of the gratuity to the wife of the deceased. my question is can the employer has a right to stop the payment of the gratuity to wife of the deceased? please suggest me if any recent decisions in this regard