Advocate Shreshth Jain

Questions Answered by Advocate Shreshth Jain

Q: Undelivered cheque bounced notice/intimation

What can I do if cheque bounced notice not received by my client

Advocate Shreshth Jain answered
If the notice is refused or unclaimed, in law it is as good as deemed service. In case it in returned as undelivered then you can send it through whatsapp and email!If that doesn’t work the last known address will work as per law even if it is undelivered.Section 27 of General clauses act will apply

Q: cheques bounced. is it criminal or civil law to find relief

tenants cheques have bounced , more to be encashed. relief under criminal law or civil law?

Advocate Shreshth Jain answered
Relief under criminal law! Its the fastest effective remedy as it is penalising and your money will be returned at every cost. Dont go civil as it isntime consuming and will wastebyour money in court fees

Q: Payment default after delivery of good - pdc diahonour

A contractor is refusing to pay the balance amount for delivery goods given to psu guest house. Amount is 150000, was paid by pdc, which when presented was dishonoured due to 'alterations requires drawer authority' as stated in cheque return memo.We have lots of evidence of the transaction invoices, receiving of goods, dishonoured cheque, gst and billing address of buyer on order confiemation form.What to do is buyer refuses payment even after legal notice ?Can we file for order 37 and cheque bounce civil suit and cheating or fraud case 417/420 in ipc ?.

Advocate Shreshth Jain answered
Yes you can file all the cases as mentioned by you. But proceed with 138 on urgent basis as the same is most effective. Be informed about the timelines for 138 proceedings as the same are very strict and cannit be condoned.

Q: conspirecy ,fraud and cruelty for property

Parents died before2005,without will.wehave4brosand onesis.sisyoungest and one bro was unmarried at that time.owbrostill unmarried and sis forcfully divorcee and lived in thefathers self earned house.bt other borosfamly and unmarriedbro is not inerested to give sis her share and live sepratelly.they harras and beaten her.resently.one of fathers plot.of dda is transfer in his.ame by that bro..without taken noc from sis and thraten if u complain against this u will be thrown out of this house. .house is still un divided and in the name of father.that bro is an advocate. An very selfish and crook...my quary is ....kya mera.hk bnta hai property mai ..i think yes....and or kya krna hoga Mau knki kaid se baher aa saans le paun

Advocate Shreshth Jain answered
You and your sister have equal share in your fathers property! You need to file a suit for partition for division of property in equal share and take stay on selling of properties to third party by your brother. This will protect your share in the property.

Q: can women marry before the second motion is due

can a women remarry before the second motion is pending in mutual divorce petition

Advocate Shreshth Jain answered
No you cannot marry before youbare grantedbaecond motion! However you can expedite the process of grant of second motion be filing an application for relaxation of 6 months period after grant of forst motion.