A V Vishal's Expert Profile

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Mohammed siraj zariwala says : pls give your advice for 138
138 dishonored of forged rubber stamp cheque Which was stolen and kept by expartner of a company bears single signature *****Mr x was a partner in co at the time of his retirement dispute arised and they settle the matter with the panch (Freinds). panch made the settlement on plain paper with all signatory to settle the amount for Rs 5000000 to be paid to mr x for retirement in 3months period After some 45 days accordingly in front of the panch and their legal advocate the dispute was settle and transaction was settle mr x sign the deed of retirement on stamp paper made by their legal advocate in which it was clearly mentioned that full and final settlement and nothing is due to mr x at the time of his retirement and the last amount of settlement rs 300000/- given in cheque to mr x for which he provided the receipt and 2more partner enter the company accused no 3 and 4 *** 1)Mr X had 10yrs old Blank cheque of accused no1 with single signature of accused no2 his brother which he had stolen when he was a partner of accused no1 *** 2)accused no1 co since its incorporation had signature of any two partners in bank for transaction Mr. X used this old blank and stolen cheque of company bearing single signature of accused no2 filled the cheque for rs 3500000 and put the duplicate rubber stamp of accused no1 and deposited in the bank to made a false 138 case As soon as cheque bounced before the action of complainant the accused no 3 file a complaint (case no 1) in the court for forgery of cheque under sec 156(3) against Mr x which put a duplicate rubber stamp of co and was a 10yrs old stolen blank cheque bearing single signature of accused no 2, certified by the bankers of accused no 1 that it was a 10 yrs old cheque. Order was passed against mr x and was arrested he tried to get the bail in session but was rejected on the ground since he was the ex partner of the company he was knowing the company bank transaction norms than why did he accept the single signature sign than Mr x went for quashing the matter in high court but was rejected but got the bail from high court *****case no2: for the same cheque 138 filed for cheque bouncing case by complainant mr x for Rs 3500000/-against the four accused given below: He had his bankerâ€™s cheque bounce receipt which mentioned 1) Payment stopped by the drawer 2) Drawers signature incomplete/requires Accused no1: Is the company Accused no2: partner of accused no1 and brother of complainant mr x (also ex partner of the accused no1) Accused no3: partner of accused no1 and son Of accused no2 Accused no4: partner of accused no1 and Son of accused no2 Present status of the matter : ****case no 1: mr x expired and the forgery case is also finish since the accused is no more ****case no 2: original complainant mr x expired and the case is run by substitute mr y his son Cheque is with the I.O and application had been filed by Mr y to start the case with secondary evidence Xerox of the cheque since I.O. is not sending the cheque to the 138court inspite of several reminder of the court. His application had been rejected and a fresh notice is issued to concerned police station to send the cheque to the 138 court Some advocates in lawyersclunindia had given answer that: N.I.ACT SECTION 138 DOES NOT ATTRACT HENCE NO CASE MADE OUT Than how come my case is still pending in 138 court Cani I apply for discharge of the matter or go for quashing if yes on which ground or judgment please advice

roseann says : hi
Sir could you help me know the procedure and requirement to enroll in the bar council of the supreme court

REKHA JETLY says : dishonour of cheque

amrutha mididoddi says : constitutional law
respected sir,iam a law student and will be appearing for a moot court shortly.i was given a problem n one query i have not found is"legislative competency of a Bill passed by state govt. vs central govt." and if u can help me with moot court ethics.....i will be very much thankful to u....namrata

R V SHASTRY says : Companies Act 1956
Respected Sir, I thankyou for your kind & prompt reply. Our's is a Pvt.Ltd.Co.registered under the Companies Act 1956.We are 4 brothers & each of us own 25% shares each after the passing away of our father.Two of my brothers are running the Co. in the capacity of directors.The last EGM was held on 31st August 2005 and since then the Co./directors have not held any AGM/EGM till date.The Annual A/c's & Annual Return's of the Co. has also not been filed for the last continuous 4years. The first directors of the Co. were my father & second brother. They appointed my fourth brother as director by a board resolution DT:2nd October 2009.Now the Articles of Association of the Co.says, â€œThe Directorsâ€ means directors for the time being of the Company and â€œThe Board of Directorsâ€ means â€œThe Board of Directorsâ€ for the time being of the Company. Also The board shall have power at any time and from time to time to appoint any person as director as an addition to the board and any director so appointed shall hold office only till the next AGM and shall then be eligible for re-election.Now as no AGM or EGM has been held since Aug.2005,does it not imply that the directors are holding office as directors, without authorization from the members vide an AGM or EGM and hence ceased to exist as directors from 1st December 2006. Myself & my 3rd brother had vide our notice DT:28th August 2009, called upon the board to convene an EOGM under Section 169 of Companies Act 1956 and induct us as directors. The board failed to convene the EOGM within the prescribed time limit and hence we as requisitionists have called for holding the EGOM on 16th November 2009, after completing all formalities as prescribed by law. I hope kind Sir that I have given you the proper back ground to my case and request you to kindly bear with me for all the trouble that Iâ€™am giving you. Now what I would like to know from you kind Sir is, (1)Do the directors still have the first choice to select one amongst themselves to chair the EOGM on the 16th inspite of the fact that they were never re-elected after August 31st 2005 as no AGM or EGM was held after that. (2)In the event that one of the directors chair the meeting Iâ€™am aware of the fact that they will vote us out because of the casting vote and block the resolution to induct us as directors and in the bargain re-elect themselves as directors and continue their merry illegal ways. (3)I request you kind Sir to suggest me some legal remedy to address our grievances. (4)Can we file criminal charges as one of the directors has drawn a big amount under the guise of housing loan in 2006 but no house has been purchased by him and he has invested the money elsewhere. I have the copy of a letter written to him by my father in the capacity of director of the company asking him to repay the loan or else the company will take legal steps to recover the same. Unfortunately my father has passed away and now there is nobody to take action. Please note that this letter was sent by registered A/D and I posses the original receipt. Lastly Iâ€™am extremely sorry to bother you with our troubles but humbly request you Kind Sir to take some time off your busy schedule and suggest me a few legal options to right the wrong being done to me & my 3rd brother. Thanking You, I remain, Yours faithfully, R V SHASTRY DT:13th NOV 2009.

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