court of jurisdiction in cheque transaction dispute

The city from where you received chque return memo.

Rahul Laad

www.laadassociates.com

Thanks for the reply,

but can you pls. explain the "cheque return memo".

thats letter from bank intimation about return of cheque..

Thanks again.The cheques were not returned.But were deposited in a bank and are still there.Both the banks .i.e. the one from which the cheque was issued and the one in which they were deposited are in the same city.The person who gave them now wants to file a suit in another city.He claims falsely that he had given the cheques in another city.Keeping in view these facts pls. tell:

) Can a suit be heard in any court reg. the cheques?

2) Where does the jurisdiction of this case fall - in the original city of issue or the second city where the person claims to be living? 

Any of the following five places :

1. Where issuer of cheque resides.

2. Where receiver of Cheque resides.

3. Place of Transaction

4. Bank of issuer

5. Bank of receiver

Rahul Laad

cell 9302413435

www.laadassociates.com

Hello.Thanks again for the reply.Am putting the matter in more detail.Pls. do have a look at the same and advise. Thanks again.

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A person made personal donations to a Saint via cheques in the years 2007 & 2008.The same were deposited in the personal bank accounts of the Saint,as wished by the person(he wanted to donate the amount personally to the saint and not to the trust that was chaired by the saint).No receipt was issued to the person(was not sought by him) nor was any other agreement(loan etc.)done as the amount was donated out of goodwill and feeling of devotion on the part of the person who was a devotee then.Also, this was an exception as all the Saint normally never accepted personal donations.
The bank accounts and the place of residence of the saint and the person were all in the same city.
He had a change of heart in 2010 and demanded his money back saying that the money was a loan.
He does not posses any written agreement showing the amounts donated to be loan.
He now claims to be residing in another city (which happens to be his native place as well) from the year 2006,which is not true.He has a ration card and gas connection issued in the original city that are still in use.Also he states that the cheques were handed over in his new city of residence (which again is false as the saint has never visited his hometown).He intends to file a suit in his hometown reclaiming the amount as loan (with interest).He has sent a legal notice via his lawyer for the same.
have a few questions regarding this matter:
1) Can donations be accepted by Saints in their personal capacity?
2) Where will the jurisdiction of the suit lie? In the original city (where the banks are located in which the transactions took place and where he stayed) or where he intends to file the petition(falsely claiming his residence to be there)?
3) If the court of person's hometown admits his suit,then will the suit be transferred to the original city by submitting an application for the same?
4) Is the court bound to accept this application or can it rule otherwise?
5) If the court of his hometown refuses to stay proceedings/transfer the suit,then can the high court of that state be approached?
6) Is it mandatory to file the application fror transfer of court on the first hearing itself?
7) Under what rule/section can the application  be filed?

1. Donations cannot be accepted in personal names.

2. Juridiction of the suit also lies where part of cause of action acrues. in this cae as the petitioner alleges that the cheques were handed over in the native place, he is trying to create cause of action at the said place, so the suit can be filed at the said place.

3. power to transfer suits from one city to another lies only with the Supreme Court of India andno other court. so there will be no use of filing a transfer aplication before the trial court.  

Can anyone update me the latest Supreme court order for Jurisdication change.

please go through A.I.R2009 SUPREME COURT 1168. IT WILL CLARIFY  ALL YOUR DOUBTS

Hello!

Can you pls. tell that from where can i get this abovementioned article/judgement by you. - A.I.R2009 SUPREME COURT 1168