Advocate Mani Bhushan Sinha

Questions Answered by Advocate Mani Bhushan Sinha

Q: Execution of court orders in NCDRC, Delhi

We had booked a flat in 2010, possession of which was to be given in 2014, but not completed even 50% till date. We a group of buyers filed case in NCDRC, and got a refund order along with Interest from court, but builder has not given any refund in the given timeline, now we are planning to file for execution of the NCDRC order with a suitable lawyer which is yet to be appointed. Now as a separate effort, we discussed at builder's office for swapping of a ready property, now they want us to submit a request letter for the same, now our query is that , giving this type of letter will have any legal consequences on the execution filing.

Advocate Mani Bhushan Sinha answered
Dear Sir, firstly you all should decide the course of action whether you would like to go with the execution of the order or the swapping of the property ,in case of swapping of the property you would be signing the legal documents and it will be with terms and conditions so better to see the terms and conditions first to know exact outcome of the legalities.

Q: Need advice regarding interim order

Can you please say whether according to this interim order passed by supreme court whether CBSE is allowed to publish results ? The order states. that "It is clarified that the declaration of the result and admission shall be subject to the decision of these special leave petitions . Does it mean that CBSE can publish results though it later may be reconsidered or that they need sc permission to publish results also? 

Advocate Mani Bhushan Sinha answered
in respect to interim order passed by the Hon Supreme Court whether to publish the result yes CBSE can publish the result but such result is subjected to the orders passed in SLP, that means the result can be reconsidered

Q: how does fine and bail orders are treated for next date

JUdge has issued Rs. 10000 Baliable warrent against other party. What that means? whether other party will appear on next date? or they will submit Rs. 10000 for non appearence or both i.e they will appear and submit Rs. 10000?

Advocate Mani Bhushan Sinha answered
Judge has issued Rs 10000 bailable warrant, the process of this order is to ensure the other party comes to the court, in case if the other party fail to appear again then Judge may issye bailable warrant to be served through SHO of the local police station, all thse are basically to ensure the other party is present on the next day as he migh be deliberately avoiding the date and obstructing the Court proceeding

Q: What is the procedure to file a cheque bounce case

Dear Sir,I want to file a cheque bounce case. Please find below details.1. Cheque bounce due to insufficient funds.2. Cheque expired on 02/03/20173. I have original cheque & Bankers Memo.4. Cheque amount Rs 18,000/-Please guide me, is there any possible to file the case.

Advocate Mani Bhushan Sinha answered
Yes you can file the case but before that you should serve a legal notice and then if the payment is not realised. You can file compliant case under section 138 of negotiable instruments act, but where the cheque deposited ?

Q: Can a lot of people file case against builder in NCDRC directly

One fraud company has taken away around 2000 crore from Bangalore people. All offices are closed now. Can all customers who have canceled and not canceled combiningly file a case at NCDRC for refund of money?

Advocate Mani Bhushan Sinha answered
Yes even one person can fille the case under consumer forum and IPC of cheating subject to the conditions and agreement.If the persons who have already canceled the deal they need to prove the conditions satisfying the court t