Advocate Bidit Kumar Deka

Questions Answered by Advocate Bidit Kumar Deka

Q: Non CTS Cheque got returned due to RBI Guidelines

• I had an agreement with my brother and Sister In-law on 16/08/2013 that against my share in my parental property they will give me Rs X lakh each. • They had issued me cheques dated 16/08/2014 and promised me to pay me Rs X lakh on or before 16/8/2014.• Breaching our trust they disposed off the property without my knowledge and did not paid me my share which was agreed earlier.• I deposited the said cheque on 13/11/2014 (Thursday),exactly 3 months from the date of cheque, as it was a Non-CTS cheque it got delayed by the bank as per RBI guidelines the frequence of Non –CTS cheques were reduced from weekly twice to weekly once i.e. Mondays from 01/11/2014.• The cheque was only produced to the head branch on Monday i.e. 17/11/2014, at the time it was outdated and it was returned.• This got me stuck with the legal proceedings. Any one out there who can help me with this case, I would be really grateful

Advocate Bidit Kumar Deka answered
The cheque is not outdated because the only thing that needs to be considered is the presentation of the cheque at the bank. Time taken for sending the cheque for clearance has no relevance in the matter.

Q: Query regarding maintenance amount

In a mutual consented divorce,when does a spouse start paying maintainence amount ? Is it after the second motion and final judgement? My spouse has been insisting that the payment has to be done just after first motion. Our second motion would happen in july .2018. Thanks in advance

Advocate Bidit Kumar Deka answered
It depends upon the agreement you have entered into with your spouse. If you have agreed to pay maintenance during the pendency of the mutual consent divorce process, you have to pay it then, otherwise no. PS: It is not feasible to grant any legal advice on this question without going through your agreement.

Q: Can a person re apply bail application

My brother son arrested 10/10/2018 u/s 379/411 & our bail application dismissed 19/01/2018 can i repit bail application agian m.m

Advocate Bidit Kumar Deka answered
Yes, Application for Bail can be re-filed but the grounds need to be different than what was mentioned in the previous Bail Application. The progress in the case after dismissal of the previous Bail Application is material.

Q: Gave 5 lc loan to friend he issued me cheque and it bounced what to do

i give Loan Rs 500000 to my friend & he issue me a cheque....& cheque is bounce... nw i want to go for legal.....i want to know for legal action i am liable to show my money source.....

Advocate Bidit Kumar Deka answered
You don't need to show your money source. You can file the case (either or both 138 case as well as recovery case) against the person. All that would be required for you to show/ prove that you actually gave him the loan of Rupees 5,00,000/-.

Q: Working in banking sector will the 498A FIR affect my job and career

 I married a girl from punjab . After two years seperation she filled 498a and 406 case against me without any reason .. My question is ..i got a job in the banking sector and may i know is this fir impact on my career .. Right now i never visited police atation or no proceeding against me ... Is police do fir on universal portal to spoil boys life .. I am tensed ..pls help me .. Give ne an answer is background verification team fimd easily any FIR against me

Advocate Bidit Kumar Deka answered
As per law, the principle is innocent until proven guilty. So, it will not affect your career prospect. Section 406 is usually not attracted in such cases. I can guide you better if I get to know the facts in details.