Advocate Abhay Anand J

Questions Answered by Advocate Abhay Anand J

Q: N/R.FOR STEPS CALL ON CASE STATUS

What is the meaning of "N/R.FOR STEPS CALL ON CASE STATUS " In cheque bounce case, the above is showing in online case status

Advocate Abhay Anand J answered
it means that there was no representation by the complainant or the advocate for the complainant when the case was called in court. On the next date of hearing it is important that advocate for the compliant appear before the court and take steps to issue fresh summons to the accused.if the event the advocate fails to appear there are possibilities of the case being dismissed for non prosecution ( meaning that the complainant is not interested in conducting the case)

Q: We are at top floor and gym is above my huuse and it is noisy

How to stop gym activities permanently

Advocate Abhay Anand J answered
Firstly a gym can only be operated at a place where commercial activity is allowed. In our case if a gym is running in a residential building, then he should have taken permission from the occupants of the apartment owners and also must have converted it to a commercial space. If this is not done a gym cannot be operated out of a building that has be marked for residential purpose.

Q: Sold a plot to someone seller gave a cheque which got bounced

Dear Sir, I have a BDA plot in Bangalore, i wanted to sell the plot. We got a buyer the rate was finalized and agreed to get registered within 3 months. The agreement was registered in sub-register office. The buyer paid 16% of the amount during agreement,rest to be paid during registration. Now the agreement period is over, i sent a SMS and message to buyer mentioning that the agreement stands cancelled as registration was not completed. After that he came and asked for extension of 1 month and paid around 20%. Now the 1 month period is ending he came and gave 2 cheques each of 10% amounting to 56% of the total valuve. Now the cheque has got bounced one due to insufficient fund and another stop payment by buyer. Now what options do i have , can i ask him to cancel the agreement or send cheque bounce notice. Thanks for your time. Thanking you. 

Advocate Abhay Anand J answered
Dear Sir,IN light of the circumstances you have tow options that you can explore. Option 1:In the event you are very keen upon selling the property to the same person, then you can issue a notice under Section 138 of the Negotiable Instruments Act and subsequently file a criminal case against the issuer of the Cheque.Option 2:If you are not keen to continue with the Seller, and/ or are getting a different buyer, then you can send him a notice informing him that he has already breached the terms of the Agreement to Sell and that even upon according extension of time he has not complied with the terms of the agreement and also mention the dishonour of the cheques and in light of that terminate the agreement.

Q: What to do if there is breach of contract by a client

Do I ignore and move on if a client has breached contract terms and pulled out of partnership without the 2 months agreed termination clause.

Advocate Abhay Anand J answered
Dear Sir,Before we attempt to provide a definite answer to your question, it is very important that we look into the clauses of the agreement and what the terms of the agreement stipulates/ in the event if there is a breach of contract by the client due to which you would have suffered financial loss, then the client will have to indemnify the said loss.

Q: Procedure to file case for cheque bounce

I have invested in THIRIPURA chits now co.closed its business activities I didn't take any loan or chits after filing the police complaint they returned my amount through cheque but cheque got bounce this month 20 the that cheque validity will be closed what is the next procedure to take legal action company

Advocate Abhay Anand J answered
Dear sir,The first plan of action is that you will have to issue a legal notice informing them about the dishonour of the instrument, subsequent to which you shall afford them 15 days to return the money. at the end of the 15 days if they fail to repay the cheque amount we can file a case against them under Section 318 of the Negotiable Instruments Act