Advocate Mahesh Kumar Joshi

Questions Answered by Advocate Mahesh Kumar Joshi

Q: defective notice in ni act what to do

some has taken friendly loan from me 8 lakh.he has paid me 2 lakh. but he did not agree to reback balance amount. as a result there was huge arguments with him. at the end he has paid me 8 lakh rs cheque. But it was stopped payment. My lawyer has given legal notice demanding 6 lakh. The accused has replied and agreed to pay in installment. Now accused is saying its a defective notice so case should not continue. Now my lawyer does not getting any suitable court order for me.. pls help me. How and what should I do ?

Advocate Mahesh Kumar Joshi answered
it is basically a defective notice if the same has been sent for seeking amount of Rs. 6 lakhs against the bounce cheque of Rs. 8 lakhs, however if you have filed any case against the said notice in the court then take the view of a good lawyer who can prove your case.

Q: What to do if a private company gives a cheque and dishonoured

I recently got a Bandhan Bank check and deposited to Axis bank account as it is my home branch bank, however it got bounced due to insufficient fund and it was given to me intentionally by the fraud placement service company. Now they are claiming the check back. Should I send a legal notice first before sending them the bounced cheque?

Advocate Mahesh Kumar Joshi answered
Send one legal notice through an advocate under section 138 of Negotiable Instrument Act without returning back the cheque to the company and let them face the music of law as what you have stated in your question that they have intentionally given you the cheque and which was bounced due to insufficient fund. This notice is to be given within a period of 30 days from the date of bouncing of the cheque , which please note.

Q: cheque dishonoured before 3 months

cheque dishonored before 3 months. How i claim against it?

Advocate Mahesh Kumar Joshi answered
Cheque dishonored before 3 months , now become a piece of paper as the validity of the cheque has already been expired. Hence you have to take a fresh cheque if you wants to file any case against the party.

Q: Can perjury be filed in maintenance case?

In affidavit wife say she was lured to marry. In evidence at court she says it was arranged between the families.In affidavit she suppress the fact that it was a registered marriage at court . Can a case of perjury be filed ?

Advocate Mahesh Kumar Joshi answered
whether you are getting divorce or filed the divorce as it appears from the query you have raised. I may be wrong. In case the contents which I derived is correct than you must consult with the advocate who is dealing your case. However if you both are enjoying your life than nothing to say in the matter call is yours deal with.

Q: Bike showroom cheating regarding the bike documents

I bye a TVs motor byke at 25/4/2017 from a TVs show room with rs 30320.00 diposite by finance. After 3 month I get paper and khow that I am 2nd owner. Smart card came as my name and tax and insurance paper are name as show room. So what can I do ? Please help

Advocate Mahesh Kumar Joshi answered
you immediately get in touch with an advocate who will guide you how to deal with the matter , please check your booking slip and the other documents which you had submitted at the time of booking of the motor cycle.