ratankumarsanghi
20 March 2015 at 14:16
I had purchased some shares of a Private Limited Company and sent them to the Company to transfer to myself. As the shares were not transferred for long I filed an FIR along with other issues, but the police did not take any action saying that it is a civil matter.
A few years later I learnt that some of the shares had been transferred to the Company’s Directors and therefore I filed another complaint with the Magistrate in Mumbai for cheating & misappropriation..
The Defendants are stating that because the transfer of the shares was agitated earlier by an FIR this cannot now be re-agitated in the Bombay court. Kindly advice in this respect quoting a few case laws in favour or against. I am advised that a criminal act is a continuing act and as such there is no Res-Judicate. Please site a case law.
Ratan Kumar Sanghi
channa keshava
20 March 2015 at 13:38
Dear Sir,
I bought an under construction Flat for Rs.38 lakhs, including all taxes in Bengaluru in May 2013, it is still under construction and it may take another 2-3 months time to completion. I have already paid 80% of total value.
Could you please let me know is there any changes in ST & VAT in Bengaluru from April 1, 2015. If any changes I have to pay only for balance amount right? Please advice.
Thanks & Regards,
Keshava
Kriti
20 March 2015 at 13:26
Dear Sir ,
I want to put down papers in my Company but my notice period is 2 months . I am not keeping well . Can I Serve 1 month and for the other month can I produce medical certificate so I can avoid working the second month . Kindly reply at the earliest.
deshpande
20 March 2015 at 12:44
Good morning,
My wife had filed 498a and dva case against me and my parents. Parents in hyderabad and I am an nri residing in middle east. These cases are going on and my parents are attending the hearings when ever dates are given.
Now wife has again files a case in family court of Rcr.
my queries are
1. Can she file rcr after filing 498a and dva case.
2. She is a central govt employee and is she eligile for any interimmaintenance.
3. We have been living seperately from almoat 2 years.
Please advice, I want divorce.
Siddique
20 March 2015 at 12:33
Dear Respected Sirs,
Would like to know your expert legal opinion on the below matter of finances/investments between 2 parties viz. X and Y as outlined below :
X has been running a small-scale shop dealing in boutique & tailoring niche since the past few years. Y invests in X's business a certain amount for monthly returns. During the period when Y invested with X, the business was booming. Getting carried-away by this, X inadvertently & under ignorance committed to pay Y, an exorbitantly high, very unrealistic monthly returns to Y without enlightening Y (unintentionally) about the inherent underlying risks of the business (downfall). This deal was based on 100% verbal communications only & no writing work/legal agreement of any sort was executed between X & Y.
The exorbitantly high payments by X to Y over the months hardened the perception & mindset of Y that regardless of the recession in X's business, Y should always continue to receive the so-called "Profits" from X regularly every month. Y was always under the false impression that she would endlessly continue & entitled to receive the so-called "Profits" from X.
So far, the total installments of money returned by X to Y over the months, far exceeds the capital invested by more than 200%.
X was so over-optimistic & blind with her booming business that she could not realise that she would most certainly face an inevitable downfall period in her business at some stage which would play havoc with her finances. She failed to anticipate that how she would pay Y under these circumstances. And the inevitable happened; the business went into recession. X started defaulting on payments to Y & no longer in a position to further pay Y any more money.
Just to reiterate, X has already returned to Y more than 200% of money invested by Y (which X has regularly maintained a record of; no such record maintained by Y)
X is taking the stand & stressing on the fact that since she has already paid Y more than 200%, X is no longer obliged to pay any more. Also since the X's business has crashed & near shut-down, she (X) is not in any position whatsoever to pay Y any further. Despite recovering 200% more than her actual capital, Y still continues to pressurise X to keep on paying her (Y) knowing well that X has incurred big losses in the business.
Now relations has gone sour between the two & Y threatens to file a civil suit against X for recovery of Y's capital.
Kindly advise how much weightage is there in this threat by Y & how would the law view this deal ? Is this case admissible in the court-of-law as there are no written / legal agreements of this deal between the two ?
Between X & Y, who has the right stand ?
Anita Singh
20 March 2015 at 12:28
Dear
expert,
there is a girl whos bank informed her on 15th april 2010 that 45000 rs transaction has been done by your credit card on 7th april in up immediately she blocked the card when the transaction had been done that time she was out of india.
now is her liability for the payment of unauthorized transaction as bank recovery department asking her money of the transaction with interest
can such cases be referred to arbitration
can arbitration be able to stayed pending investigation as FIR is also lodged by that girl for the fraudulent transaction
can consumer forum invoke jurisdiction of arbitration agreement in this
sunit kumar
20 March 2015 at 12:19
dear sir,
i wanted to conform ,
is there will be any problem need to face if i will lodge FIR against my case ?
bcoz i am little worry if POLICE will ask to me why i given money for government jobs to my friend? bcoz this is also against law to give money to any one for this kind of activity ???
that time what should we need to do.??
Note - i did all payment through Deposit in Bank and Cheque
sunit
sunitrock@yahoo.com
Hemant khandelwal
20 March 2015 at 11:15
Please read and answer.need help badly. Explanation 1 to section 9 of cpc defines the suit of civil nature as a suit in which the right to property or to an office is contested.it means that a suit can be a civil suit only if either right to property or right to office is involved in it.suit must fit in these two criterias to be called a civil suit.all others are excluded from it.
I am writing some illustration which are called suits of civil nature-
1>suits relating to right of worship.
2>suits for damages for civil wrong.
3>suits for specific performance of contracts and for damages for breach of contract.
4>suits for specific reliefs.
5>suits for restitution of conjugal rights.
6>suits for dissolution of marriage.
7>suits for rents.
Above mentioned suits neither fit in criteria of property suits or office suits then why and how there are suits of civil nature?how these suits fit in those criterias? Explain in detail.
pravin
20 March 2015 at 11:12
my wife has filed dv against me and court has also ordered interim maintenance to her but she is working in a college and she is lying before court so can i file case of perjury against here. here job is not permenant neither mine. will it be helpfull in divorce case if i file it.
thank you
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Can we lodge advace complain to police station about bad behaviour of wife
Sir/Madam,
Can we Lodge Advance Complain to Police Station regarding Bad behavior of wife, as she is threatening to lodge false charge on family. So we want to defend our side by advance informing Police about the matter by writing. Will it be helpful, if in future she complain to police about Domestic Violence. I mean to say is there any process which will help in protecting us from any police case against us lodged by her or her family.