Advocate Abhay Pratap Singh

Questions Answered by Advocate Abhay Pratap Singh

Q: 2 cheques got bounced against a loan what are the chances under 138

Two cheques of Rs. 95000+100000 got bounced against a loan. Please let me know what are chances of getting the amount from the payee under section 138.

Advocate Abhay Pratap Singh answered
You have very good chance of recovery. Usually the opposite party will settle after legal notice. Otherwise also punishment under the Act is twice the cheque amount and simple imprisonment. You have all likely-hood of succeeding.

Q: What can be done if neighbour is not giving any parking space

Hi I am residing in DDA flats in delhi. It is not a gated society and even there is no RWA in our area. One flat owner owns 8-10 cars he is a travel agent and he parks all his commercial cars in space available for other residents l. Pls advice what should i do

Advocate Abhay Pratap Singh answered
You can start by sending him a legal notice for restraining from using the common public area. If he doesn't budge then you can file a suit for declaration in the court. You will seek a declaration that the said area is a public area. In the meantime, that is while the suit is going on. You can ask for an interim relief of injunction. That will ensure that till the suit is finally decided the person cannot park his cars in that area.

Q: Can court consider for second preliminary decree/judgement

SIR, I am one of the defendant in a case of partition,possession in ADJ Court Tis Hazari Delhi, a preliminary degree has been passed against me for release of share of Plaintiff. I wanted to make application for revision or for 2nd preliminary degree as during trial i didnot file a will/TESTAMANTARY documents of my father in which he already devided his property equally in all his sons including plaintiff. Sir, is it possible that court at this stage hear my any application for 2nd preliminary degree/judgement.

Advocate Abhay Pratap Singh answered
You have to file a first appeal. I think that's a better option becuase in revision you have to show error apparent on the face of it, which would be tough. Whereas if you prefer an appeal you have a legal right to adduce fresh evidence under order 41 Cpc. In that case, the evidence would be lead and your suit would be decided taking into consideration the will/ testamentary document in your favor

Q: Assured Returns not being paid. What to do?

I have invested in two commercial property units (Retail unit and Fine Dining unit). My assured returns as per the MOU were supposed to start last year but I have received no payments till now. I have sent several chasers with no luck. Any guidance would be appreciated.

Advocate Abhay Pratap Singh answered
You can send him a legal notice quoting the clause of Mou. You have to explain the exact payment terms and the amount due to you. Usually the other party is given 15 days to reply to the notice. In case he doesn't refund the said amount, you can then approach the court by way of filling a civil suit for recovery. After the court proceedings you will be entitled to the said amount along with a reasonable interest on it