Advocate Abdul Zahir Shah

Questions Answered by Advocate Abdul Zahir Shah

Q: 1 Summons from court for cheque bounce

Sir, nnI have received the summons from court to appear for a cheque bounce and I had given that cheque as suerety but they deposited in the bank and now they have filed a case. nnSo I need to know what will be the procedure when I go to my first hearing.

Advocate Abdul Zahir Shah answered
Under Indian law, when a cheque is issued as a surety, it means that the cheque is not intended as a payment but rather as a security for some other transaction. In such cases, if the cheque bounces, the liability of the issuer will depend on the terms of the surety agreement.If the terms of the surety agreement clearly state that the cheque was issued as security and not as payment, and that the liability of the issuer is limited to the actual amount due under the main transaction, then the liability of the issuer will be limited to that amount.However, if the terms of the surety agreement are not clear or the agreement does not mention anything about the cheque being issued as security, then the liability of the issuer will be the same as that of any other cheque issuer in a bounced cheque case.In such cases, the party who deposited the cheque can file a complaint before a magistrate under Section 138 of the Negotiable Instruments Act, which provides for punishment for the offence of cheque bounce. The issuer of the cheque can be punished with imprisonment for a term which may extend to two years, or with a fine which may extend to twice the amount of the cheque, or with both.It is important to note that the surety agreement and the intention of the parties at the time of issuing the cheque will be important factors in determining the liability of the issuer in a cheque bounce case where the cheque has been issued as a surety.

Q: Legal or Succession certificate

we are residing in Karnataka but mother property is in chennai & she has passed away so should we need to get legal heir or Succession certificate in Tamil Nadu or Bangalore?

Advocate Abdul Zahir Shah answered
The legal heir or succession for your mother's property in Tamil Nadu should be made in accordance with the laws of Tamil Nadu, where the property is located. In general, succession to immovable property is governed by the laws of the state in which the property is situated.You may need to consult a lawyer in Tamil Nadu to advise you on the specific laws and procedures that apply to your mother's property, such as the rules of intestate succession (if your mother died without a valid will) or the process for transferring ownership of the property to the legal heirs.It's also worth noting that there may be differences in the laws and procedures related to inheritance and property transfer between Karnataka and Tamil Nadu, so it's important to follow the correct procedures in the state where the property is located.

Q: Passport Issues (Running 498a)

I have a 498a case going on and trial is running. I had applied for passport renewal and police verification reported the same in their report. Now passport office has requested to provide explanation letter and supporting documents. What all supporting documents would be needed here? I have a copy of regular bail with me and there have been no warrants issued against me since the case started in 2019Please help with the queries. Thank you so much in advance!

Advocate Abdul Zahir Shah answered
If you have a case pending against you under section 498a and you have applied for passport renewal, you may need to provide the following documents as supporting evidence to the passport office:Copy of the FIR (First Information Report) lodged against you.Copy of the charge sheet filed by the police.Copy of the regular bail granted to you by the court.Copy of the court order in which the regular bail was granted.An affidavit stating the current status of the case, stating that there are no pending warrants or summons against you in relation to the case.Any other documents that can support your claim that you have been attending court hearings regularly.It is important to note that the requirement of supporting documents may vary based on the policies of the passport office in your jurisdiction. You may want to check with the passport office to find out the specific documents they require for processing passport renewal applications in your case.

Q: Bank siezure

We had taken a loan from co operative society pledging our house for our aunt. Due to non payment bank has now seized the house by bot serving us court copy and not giving us proper information and time. I want to how what is the procedure of getting a stay order and how does it work

Advocate Abdul Zahir Shah answered
I'm sorry to hear that you are facing this situation. In order to get a stay order, you will need to follow the legal process in your jurisdiction. Here are the general steps you should take:Contact a lawyer: It is highly recommended that you hire a lawyer who specializes in property law or debt recovery to help you navigate the legal process. They will be able to advise you on your options and represent you in court.File a petition: Your lawyer will help you file a petition for a stay order in the appropriate court. The petition should include all relevant information, such as the details of the loan, the default, and the seizure of your property. You should also attach any relevant documents, such as the loan agreement and the seizure notice from the bank.Attend court: Once your petition has been filed, you will need to attend court on the specified date. Your lawyer will represent you in court and argue your case. The court will consider the facts of the case and may grant a stay order if it is satisfied that there are grounds for doing so.Serve notice to the bank: If the court grants a stay order, you will need to serve notice to the bank informing them of the order. Your lawyer will be able to handle this process for you.Follow the legal process: It is important to follow the legal process carefully to ensure that your rights are protected. Your lawyer will guide you through the process and advise you on any further steps you may need to take.It is important to act quickly in these situations, as there may be time limits for filing a petition for a stay order. I would recommend that you contact a lawyer as soon as possible to discuss your options.

Q: I live in an apartment. my neighbor installed a grill gate

I live in an apartment. my neighbor installed a grill gate in front of his apartment which covering 20 plus sq fts in the common area and saying he is installed in for safety purpose. also this gate is blocking the emergency exit

Advocate Abdul Zahir Shah answered
In India, building regulations and fire safety norms require that every building, including apartments, should have proper emergency exits that are easily accessible and unobstructed. If your neighbor has installed a gate that is blocking the emergency exit, it is a violation of the building regulations and poses a serious risk to the safety of the occupants.Here are some steps you can take to address this issue:Talk to your neighbor: The first step is to have a conversation with your neighbor and explain to them the risk they are causing by blocking the emergency exit. Sometimes, people may not realize the severity of the situation and may be willing to make changes to comply with the regulations.Talk to the apartment association: If your neighbor is not willing to remove the gate, you can approach the apartment association and bring the issue to their attention. The apartment association can take action to enforce the building regulations and ensure that the emergency exit is unobstructed.Approach the local authorities: If the apartment association is not able to resolve the issue, you can approach the local authorities such as the Municipal Corporation or the Fire Department. They can inspect the building and take necessary action to ensure that the building regulations are complied with.It is important to take action promptly as blocking the emergency exit is a serious safety hazard.