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Cheque bounce matter of 20 lakh in which lender died
29-Nov-2024 (In Cheque Bounce Law)
If a person pay cash amount and receive a cheque.after death of this person his one son goes to court without submission of consent of second son and other heirs.there is no proof in ITR (exchange of 20L).please provide authority for relief in favour of accuse.
Hello sir please elaborate more on the issue whether the cheque presented within the time mound manner or not please feel free to reach out to us for a more detail discussion on any issue. Please feel free to call us thank you.
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Dr. Preeti Manderna
Panchkula | 400+ Answers
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Hello Sir/mam
Your query is not clear . kindly share some more details please so that i can guide you
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Regards
Advocate kuber Hooda
Your query is not clear . kindly share some more details please so that i can guide you
You can contact me over phone call for further assistance or advice
Thank You
Regards
Advocate kuber Hooda
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Adv. Kuber Hooda
Panchkula | 25+ Answers
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If the case involves one heir pursuing recovery without the consent of other heirs and there is no evidence of the transaction (e.g., ITR or written proof), the accused can argue the following:
1. Lack of Legal Authority: The plaintiff cannot represent the entire estate without consent from all heirs. Refer to Section 2(h) and Order 1 Rule 8 of the CPC regarding the representation of multiple heirs.
2. Absence of Proof: Emphasize the lack of evidence for the alleged cash transaction, which weakens the plaintiff's case. Highlight non-compliance with tax regulations for large cash transactions under Section 269SS of the Income Tax Act.
3. Burden of Proof: Under Section 101 of the Evidence Act, the burden lies on the plaintiff to prove the legitimacy of the claim.
These points collectively favor the accused, and the lack of documentation and proper representation undermines the claim.
Adv. Mahinder Singh Mavi
1. Lack of Legal Authority: The plaintiff cannot represent the entire estate without consent from all heirs. Refer to Section 2(h) and Order 1 Rule 8 of the CPC regarding the representation of multiple heirs.
2. Absence of Proof: Emphasize the lack of evidence for the alleged cash transaction, which weakens the plaintiff's case. Highlight non-compliance with tax regulations for large cash transactions under Section 269SS of the Income Tax Act.
3. Burden of Proof: Under Section 101 of the Evidence Act, the burden lies on the plaintiff to prove the legitimacy of the claim.
These points collectively favor the accused, and the lack of documentation and proper representation undermines the claim.
Adv. Mahinder Singh Mavi
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Adv. Mahinder Singh
Faridabad | 5+ Answers
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