s.subramanian's Expert Profile

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SUKRIT KUMAR says : BOUNCING OF CHEQUE
Dear Friends Our firm is based in Agra, we had a business dealing with a firm based in Delhi. All the transactions were done in Agra i.e. supply of goods, receipt of payment by cheque. But, as our Bank is CBS, the cheque was deposited in party’s bank in New Delhi. The cheque was dishonoured and we filed a suite under section 138 & 420. In the last hearing at the time of arguments, the judge told us that the suite falls under Delhi’s jurisdiction, as the offence was committed in Delhi and he mentioned about a ruling of Supreme Court. Will appreciate, if some learned friend guides me, whether the suite is maintainable at Agra or not. Secondly, suppose it gets rejected at Agra, are we eligible to file a fresh suit in Delhi, as the suite is 4 years old, will we get the benefit of limitation or not,.( We mean that will the period of litigation in Agra court will be counted or not. Will be grateful, if some noble soul provides us any ruling of any High Court or Supreme Court,in this regard. Thanking you & with Best Regards . SUKRIT

Ms. Sumalata Vikram says : LAND FRAUD
I do have a query reg land fraud . Actually one of my client had purchased a site from a landlord through Land Developers with registered sale deed. i.e in 1995. Since then he has been paying tax regularly in his name and khata is in his name all pucca documents. In 2007 a third person who is in any way related to the client sold property by creating false POA (as if my client had given power of attorney to sell the site to that person by creating forge signature of my client) and got it registered. The above said transaction came to know to my client last year. Actually my client has changed residence in 2000 and also in the original sale deed which my client got registered in 1995, doesnot bear my clients signature and also in subregistrar office. My clent tried to give a complaint to the local police station but police denied and argued with my client that original sale deed doesnot bear the signature of my client and refused to take complaint and indeed asked to give the original sale deed to the police and they would look into it without booking any FIR. and my client put the fence and also a board bearing his ownership 2 years back. and gave a stay application to gram panchayat,tahasildar office not to transfer khata. Now my client wants his case to be settled faster. what is the solution. If he wants to cancel the forged sale deed then what is the easiest method. Do u have any judgements regarding such matter please let me know. My email id is sumalatasb@rediffmail.com. also total expenditure

Pavan Kumar Thanikonda says : Eviction
Hi Please find attached judgment copy and 1st appeal copy which was dismissed in three months from the 1st judgment, court did not give me the time to produce some related documents which may support, now i appeal to high court for stay and file CRP, still i am not getting justices. Story of the case. 1. I was a tenant in the petition property for some time and owner was borrow some money and he gave a receipt for that, later he failed to return the money and was willing to sell the property and we had a deal for 3.5 lakhs. i paid around 3 lakhs adding the arrowed amount with interest and promised to pay rest at the time of registrations and entered a agreement of sale, after some time i arranged the balance amount and called for registration and i got to know that he was hospitalized for some reason and he/his family were prolonging the matter and i tried to force them to come for registration, but after few day i got a notice stating that i was staying his house since 9 years and i did not even pay rent for all 9 years and i was surprise to see that i approach the ADV and we filed the specissive performance suit which is still in pending. Points which wasn't noticed in the court. 1. Owner did not demand nor send any notice for rent for all the 9 years, if i wasn’t paid really. The fact I was paying. 2. He said that i did not even paid electric bills and water bills, where as in we did not have water connection to the entire premises and electric bills we used to share since we have 1 meter for both portions. 3. The specive performance suite is pending and all the documents are validated by registrar. 4. I have a rental agreement for the year of 2000 to prove that I was paying the rent. Which we did not filed in the court and I am not sure why the ADV did not produce. 5. The was settlement took place by localities for the same case, because the owner approach a committee agreeing that he borrowed some amount from me and I have a Xerox copy which was given to the committee, which can prove at least he took some amount from me, because he stated that in the court that he did not borrow even single rupee from me,, which could be an evidence to prove that he is lieing.

S.... L........ says : Divorce case
Hi, I need assistance in divorce case in mumbai. Can you help me. I will send you all the details of my case proceedings. Do let me know if you can help me. Email Id: s_32001@yahoo.com alternate: joa_fer@yahoo.com rgds, seema

Ratthapala says : Public Charitable Trust in Himachal Pradesh
Dear Subramanian, I am an American Buddhist monk currently meditating in the Himalaya. Our Sangha is considering to establish a Public Charitable Trust in HP and establish a meditation centre for public good. 1.What are the Acts and relevant laws involved ? We went online and it is said that "It may, however, be noted that the Indian Trusts Act does not apply to public trusts which can be formed by any person under general law. Under the Hindu Law, any Hindu can create a Hindu endowment and under the Muslim law, any Muslim can create a public wakf. Public Trusts are essentially of charitable or religious nature, and can be constituted by any person." How should we proceed ? 2. What are the necessary considerations ? We have received inconsistent legal advice from local lawyers who showed us The Indian Trust Act,1882 as guidelines. 3. Can we establish a Public Charitable Trust first with a sum of money and purchase land for the meditation centre afterwards ? Thank you very much. Looking forward to your advice. Yours sincerely, Ratthapala Bhikshu

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