Advocate Divakara K Nidvannaya

Questions Answered by Advocate Divakara K Nidvannaya

Q: What is the remedy in case of a cheque bounce

Dear Sir, I had given a cheque to a person from whom I have borrowed money. But unfortunately the cheque bounced.Now that person is going to the local police station Sub Inspector to give complaint. I am worried police will come to my workplace. What should I do? Please help.

Advocate Divakara K Nidvannaya answered
See police have no right to take any criminal actions against u. Holder of Ur cheque will have to give notice of demand. Afterwards you will have 15 days from the date of receipt of demand for making payment. If u don't pay within 15 days offence will complete on expiry of 15 days

Q: How to prove a cash transaction

Hi,I was staying with my friend but due to some dispute with him i shifted to someplace else.before leaving i cleared all my dues with him by paying him in cash but recently he filled a complaint in the police station that i have not How can i prove that i have paid the amount as the amount was paid in cash

Advocate Divakara K Nidvannaya answered
Police have authority to insist u to produce as the same is a civil dispute. Your friend has to file civil dispute to claim, in which you have produce some documentary evidence of you friend disputes you claim

Q: What all documents and approvals I should ask builder for registration

I had booked a flat at very initial phase of project. During construction builder modified the plan and reduced some area of flat to fix their design problem. Now the time of registration has come. What are the documents and approval I should ask builder before going for registration.

Advocate Divakara K Nidvannaya answered
Get d original title deed/s 1st which is a most important document 2ndly obtain the conversion order. Then khata is to be obtained. Then EC is to be obtained. 4th building license with plan. House/bldg tax payment receipt. Then better show d same to an advocate n obtain his opinion. You may proceed only after obtaining his legal opinion.

Q: Cheque bounce

My case tranfered from Hyderabad to Nelloe, AP, Original cheque & promissory note Returned to me by court in hyd after taking photo stats. My lawyer Nellore says the originals should have been retained by Hyd.court and sent along with the transfered file. How far is the rule position correct?

Advocate Divakara K Nidvannaya answered
Your question is not clear. What I feel is that 40 days passed you mean. Amount paid by you is Rs.20000/_. Cheque is issued for same. What I feel is that what you want to know if cheque can be presented or not. And that if criminal case under NI Act can be filed or not. My opinion is cheque can be presented. If bounced you have to issue notice within one month. Then have to wait for one month. Of payment is not made by accused,then criminal case for offence U/S. 138 of NI Act can be filed.

Q: Fraudulent case in the site registration. How to handle this

Respected sir/Madam,I am Mrs N Suneetha aged 50 years would like to your kind notice that I have purchased a site measuring 30x40 at madavara villlage vide site no 18,khatha no 173;01 and SA No 65:08 Through Registered Sale deed registered at Basaveswara nagara sub registrar Office during 1997 from owner of the registered second party and since then I have paid taxes till date also later one more party by name Subramani has got the same property registered from the original owner during 2005,while registering Encumbrance certificate was in my name, without considering it he has taken that property. Khatha also made in my name at madavara Panchayithi.now he is objecting to put compound to secure our property.Now he is threatening me.Kindly provide me protection and Justice as I have purchased this site with hard earned money .I have no other option unless and until intervention by government to re

Advocate Divakara K Nidvannaya answered
As per Ur say it is clear that since I r d 1st purchaser from the original owner, d moment u purchase in 1997 u have become owner. So even if in 2005 previous owner sold again since in 2005 as he was not the owner then since u are d real owner,legally sale deed of 2005 is void. Hence said purchaser cannot object Ur enjoyment. In Ur case since u r d owner n since u have not sold u continue to be d owner. U can file injunction suit against alleged purchaser n CA obtain temporary injunction against him