Advocate Megha Gupta

Questions Answered by Advocate Megha Gupta (25+ answers)

Q: The cheque bounced due to it being wrongly delivered and not drawn on us.

If a cheque deposited bounces with the reason "wrongly delivered not drawn on us", what legal actions can be taken? Can we file a case under Section 138 N.I. Act for a wrongly delivered cheque? Please advise.

Advocate Megha Gupta answered
No, you cannot file a cheque bounce case under Section 138 if the reason is "wrongly delivered not drawn on us."

For a Section 138 complaint, the cheque must bounce due to:

• Insufficient funds
• Account closure
• Stop payment instructions

• Request the correct cheque reissuance.
• Seek civil remedies for the owed amount.

Q: I have agreement of pepper and jones company of 6 month but i don't wa

I have agreement of pepper and jones company of 6 month but i don't want to continue i want to cancel agreement before 6 month there is liye amount chargeable for Cancellation of agreement?

Advocate Megha Gupta answered
If there is any amount chargable for cancellation or termination of agreement, the same would be mentioned in the agreement itself in the termination clause. Check the termination clause or cancellation clause in the agreement. The same would record the terms of cancellation and charges applicable if any for cancelling the agreement before tge tenure of agreement being over.

Q: Society Retaining My Share Certificate

I recently purchased a flat at Pune and my civil contractor unknowingly pasted tiles in the both my balconies (as we were not informed while pasting), now the Society secretary wants me to remove the tiles and then he will give my share share certificate....my question is how this matter is related to my Share certificate??? Is there any such byelaw of retaining my share certificate jst becoz of tiles?? Ihave paid all the transfer fees all dues...please help..

Advocate Megha Gupta answered
you can sue the society by first sending a legal notice and next by moving a suit and getting an injunction order from court. If you have provided the society with all the documents which we required after transfer then they should have given you your share certificate.

Q: Defamation and Mental Torture Civil Suit

I was attacked by an education institute and they disturbed my family as well.They threatened my family that if I file a case against them they will file false cases.They have filed a false civil case in court of Defamation and Mental Torture against me and their agreements of settlement are 2:With a temporary and permanent injunction, I must never email or call or contact any of the faculty members by any means whatsoever.That I must unconditionally apologize as their ex-student or else fight the case for an X amount.This is what is mentioned in the civil suit. What if I apologize and state that I will never contact any of their faculties?Can they still drag the case to harass me, or the case will get withdrawn by the nature of settlement mentioned?Ronak.

Advocate Megha Gupta answered
If the parties enter into consent terms after settling the terms, the same is filed in the Court. Once the parties file the same is Court,the Suit stands withdrawn. They cannot file against you for the same cause of action. They cannot harass you after settlement.