Advocate C. Naresh

Questions Answered by Advocate C. Naresh

Q: Review Petition is Returned in the High court of Telangana.

I filed a WP 6727/2017 . A service matter. I am not satisfied with the order. This order is not sufficient to give me the right of my own. Hence I registered a Review petition which is also Returned. But I cannot understand that what does mean by Returned in this scenario.

Advocate C. Naresh answered
You should file a review petition on writ petition for that reason it was returned. You may file writ appeal or you may approach CAT against the order of the writ petition. After perusal of order I can give proper suggestion.

Q: Defence for cheque bounce case

My mother took a loan from a private financer for 5 lakhs through chits.She is a govt employee and issued blank cheques to the financer for Security purpose.The financer filed a case against us by cheque bounce NI act when we are partially paying to them.How can we defence ourself from this issue.She was taken into custody for 3 days and imprissoned because of this.There will be solution for every thing.Please help us with this.We took 5 lakhs and the party is asking for 23 lakhs.We already paid 4 lakhs to them via deductions from salary.She is 60 years and has gone through brain surgery

Advocate C. Naresh answered
1.If you prove that the complainant is doing private finance and chits it is against the law.2. prove that the complainant does not have financial capacity to lend cheque amount . you have to prove that the subject blank cheques have been given for security purpose, on the said grounds your case may have the chance to be dismissed.

Q: given cheque with wrong signutre

A person gave the wrong cheque with a mismatched signature for 18000 as he should pay me the amount. Now he is not giving me money. what should I do

Advocate C. Naresh answered
at first you deposit your cheque in your bank .Tthe bank will return your cheque along with a memo giving reason for the return of cheque .There after you approach an advocate for issuing of legal notice and you can file cheque bounce case and cheating case for recovery of amount under the cheque due you can file suit for recovery of money.

Q: If Mou Is Signed And Executed On Stamp Paper

If any mou is signed on stamp paper that dowry neither taken nor demanded then can it debbared to file cases again in future if dispute arises again

Advocate C. Naresh answered
dowry taken and given both are offences under dowry prohibition act if you enter into mou on dowry neither taken nor demanded in this matter if you want you can file case, it will be decided on the merits of the case in the court. The said mou is no bar to file a case.

Q: Partition suit for parents property as per Hindu succession act

Summon received through RP with ack due. No plaint copy attached. On the carbon copy of summon, no details of court are visible. OS no & nDt to attend mentioned.it came from district court. Can defendant file petition to dismiss suit under O-9,R-2;Defendant could not attend on that date mentioned in summon. Hindu religion

Advocate C. Naresh answered
when summon received either RP or through court parties should attend the court if details of court and date not visible having time you go and enquire district court if you attend the court you can file memo for case copies and court directed to other side to serve the copies if you fail to apper in the court made an ex party then you may file with the said reason your non appearances with petition for set aside of ex party order.