Advocate Ujwal Deshpande

Questions Answered by Advocate Ujwal Deshpande

Q: Can a stop payment be issued in case cant pay the cheque amount

We are a Pizza restaurant. Previously we were a part of a franchisee chain. We had to pay around 3 lac rupees to the franchisee to close the acount. In the hope to pay back, we issued a post dated cheque for November 17. However we are not in the position to do so. Can we do stop payment of the cheque. Or is there any other alternative for the same. Please advice.

Advocate Ujwal Deshpande answered
If you stop payment then you would attract punishment under S. 138 of Negotiable Instruments Act. Once cheque is issued there is no option available to you except honouring it in time. You must have think about availability of funds before issuing the cheque.

Q: Can two cases be clubbed together u/s 219 of CrPc

Wheather club two cases under crpc 219 section 1. First case register 23-12-2013, under 498A, 506 trial by j.m.f.c 2. Second register 20-7-2014 under 306 section by trial session court My Question is can two cases club or not under 219 crpc bcoz both cases within one year

Advocate Ujwal Deshpande answered
No. The criteria for clubbing two cases is that the offences must be identical I.e. under same section of IPC. In this case the offences are different. Hence clubbing is not possible though the offences are committed within a period of 12 months.

Q: How to transfer FD if mother has died without declaring any nominee

Dear Sir, My late mother posses Post office FD (MIS) in her single name without declaration of Nominee. She was dead in the Mid Month of January 2017 and later we have found her FD. We went several times to Post office to claim the said FD and encash / Cheque into her / our favour sons (Ours). Eventually they rip our orally and finallly our case was about to hear They have asked several documents to be process under as follows : 1. Two witness to be brought with Aadhar card and Pan Number. 2. Two Surety from Govt Institutions / Banking Officals. 3. Two more Witness from the above Point No.2 4. Death Certificate 5. Indeminity Bond 6. Notrary We appeal to Post Office who is in Office in bearer that except with the Point No. 2 (Surety) that would be difficult from our side because we do not know anyone in person but they insist to be done from our side. Our matter is became halt and remain unbalanced in due course in our said case so we decided to consult a Legal advice

Advocate Ujwal Deshpande answered
Ask them whether succession certificate issued by Court declaring you and your siblings as legal successors of your deceased mother will be sufficient? I think, in such cases where account holder dies with or without nominee even the Nationalized banks transfer money on the basis of succession certificate.

Q: Can a separated couple remarry if MoU has provision

Hi. I have signed MOU. Separation agreement by mutual agreement. Copy is with my husband who is not livng with me.. and that papers yet not filed in the court. Mou has been signed in mid of Mar 17. He is in affair with a girl who is 21 yrs old..also she is 21 yrs younger then him. 1 point was mentioned in the mou that we both can remarry. Is it possible? He is living with her .. may be he got marreid with her. I just want to know who will be the legal wife..

Advocate Ujwal Deshpande answered
No. As per law unless you get a decree of divorce from the Court you cannot remarry. Mere agreement of separation between husband and wife outside Court has no legal force in the eye of law. Until you get divorce from Court you will remain to be the legally wedded wife. If your husband has remarried on the basis of separation agreement he is guilty of bigamy and can be punished for that offence under Section 494 of Indian Penal Code.

Q: I Need advice for NDA and Non Compete agreement

Working with MNC for 6 year ,On 9th march resign resignation approved and then they give to sign non compete/Non disclosure. such claues not mention in joining letter or promotion.All of sudden ask to sign it.Its say can't join compitetion for 3 months without pay and for 1 year can't approach any customers or clients .Please advice wht shld i do I believe if I dnt sign they won't give full and final and experience letter

Advocate Ujwal Deshpande answered
You can sign it without hassle. Though legal for the employer to ask an outgoing employee to refrain himself from joining its competitors its a mere formality. Nobody is going to keep watch on you. You can also tell your new employer not to share any information about you with any individual or company without your consent. Moreover, if you join private sector nobody can seek information about you under Right to Information Act as well. So, do not worry at all.