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what is meant by nature of case -case disposed --uncontested otherwise i m respondent
case disposed may mean that, 1) it has been withdrawn or 2) it is dismissed for default. Uncontested means nobody contested by filing written statement. But, it does not mean that, the case is decided on merits.
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Some Directors region after cheque issue (poat dated) then they are lible for 138 or not.
Section 141 of the Negotiable Instruments act lays down that :
141 Offences by companies.-
(1) If the person committing an offence under section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any person liable to punishment if he proves that the offence was committed without his knowledge, or that he had exercised all due diligence to prevent the commission of such offence:
[Provided further that where a person is nominated as a Director of a company by virtue of his holding any office or employment in the Central Government or State Government or a financial corporation owned or controlled by the Central Government or the State Government, as the case may be, he shall not be liable for prosecution under this Chapter.]
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attribute to, any neglect on the part of, any director, Manager, secretary, or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: For the purpose of this section. –
So, you have to prove that, all the directors were in charge of and were responsible to the company for the conduct of the business of the company at the time of your transaction and issuance of the cheque. Further, they should be aware of the your transaction for being liable.
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I had booked a Flat. Due to lone problem, cancelled the flat.Builder gave me some amount of my booking money.But till now he does not give me balance money. Why he does not give me my money. 4 yrs gone,In between 4 yrs i called him again & again, he told me i ll give you. If any rule for Builder to deduct money from my booking amount. After cancelled i arranged a new customer for this particular flat. Please conform me.If i ll get refund or not.
Pls go through terms of your agreement. The terms are binding on parties. However, You can file a suit for recovery of the amount, if you take care of limitation. You can also file a police complaint against the builder if the terms of your agreement do not provide for deduction
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Hello, I have some few questions. Me and my girlfriend are dating since 8months, and we both are really attached to each other and see a future togethor. The problem is I'm a punjabi where as my girlfriend is a Jain-Marwari. The Girl's family is creating a lot of issues and threatning me that they will take police actions against me. Would like to get in touch with a lawyer who can help me with this so that I'm prepared for everything in advance. Call me at any given point of time. Thank you so much
I presume that, both of you are major. If the girl is really ready to support you, you can take assistance of police authorities and get protection against your in laws' threats. You may approach a competent court of law for protecting you and your girl friend from harassmennt.
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Dear Team, My mom already made will property registered of flat . I want to know that there will be any challenges taken after my mom passed away. If yes, please suggest it . Please reply it asap .
I presume that, your mother has executed will in your favour and there are other siblings who may be interested in the flat. Even a registered will can be challenged after death of a person on any of the following grounds -
a. That, at the time of execution of the will, the testator was not in a sound state of mind either due to intoxication or other physical/mental illness or incapacity.
b. that, the will was executed due to force, coercion, domination of will, fraud etc. (inference)
c. that, the witnesses are themselves interested parties or beneficiaries
d. that, witnesses were never present at the time of execution of the will and they have not seen testator sign it.
e. that the flat did not solely belong to the mother
f. there are erasures and over-writings in the will
g. there are other suspicious circumstances
Though, these defences may not be maintainable in the court of law, still, they can be raised.
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meri bahen ka family matter chal raha hai lekin ab us k haband ne dusri shadi kar le hai is bare me legal kiya karsakte hai
अगर आप हिंदु है ऒर आपकी बहन का डिव्होर्स नही हुआ है, तो दुसरी शादी कानुनी जायज नही है। आपकी बहन पती के खिलाफ सबुत होने पर bigamy का केस कर सकती है.। और इच्छा होने पर divorce भी पा सकती है। घरेलु हिंसा कानुन के तहत भी केस कर सकती है।
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A builder cheated my friend. I introduced an agent to whom i know since last 6 years,doing sole agency of a particular builder M/S XXX.He booked 2 office space for self use in a proposed commercial proj.He paid full amnt of 48 L cheque in june '14.against receipt.They issued only an allotment letter mentioned the proj will complete in early'16 else will refund the money. Proj not yet started. Can my friend file a case against builder in consumer court ?
If your friend pleads and proves that he intended to use the office spaces for the purpose of earning his livelihood and wanted to shift his existing business to the new commercial space booked with the builder due to paucity of space or other reasons, he can file case in consumer court. Anyway, your friend can always file a case for recovery of money in civil court as well as a case of cheating with the police.
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I know her for 7.5 years. We were batch-mates. Once in past we fought and did not talk for 3 years and then everything became fine. I love her. 11 months ago she suddenly stop talking. I am trying to fix things for 11 months and I sent a tons of mails and video messages and many calls. All messages are extremely polite and mainly saying "Please fix everything". She lives in San Francisco, California. She said that she got some other guy there. I live in India and about to move to California in next 1-2 months. She is afraid that if I go there, her boyfriend may know everything and the relationship will broke. She complained my boss that I am harassing her and she don't know me. I stop contacting. Still she complained in the Women's Cell for harassing. Women Cell understood its a false complain. I am afraid she will put false complain somewhere else to stop my Visa. What can I do? Can I inform her family and boy friend about everything? Are the polite mails harassment?
Your continuously sending messages and mails to her amounts to harassment. Pls. stop sending mails and messages immediately. If you stop sending messages and mails, she has no reason to file complaint against you. Further, you will have better defence to take if she files complaint against you. I think, this is the best way. Talking to her family and boy friend may prove counter productive. You may take appropriate decision in this regard.
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Me and my girlfriend are living in mumbai and due to her parent coming in December we want to get legally married in front of them and i have only 20 days left to go abroad and i want her to come along so we need legal marriage certificate i am hindu and she is korean with nationality and Christian with religion
You could have married under the special marriage act, 1954. The waiting period is 30 days. But, since you have only 20 days to go, the other option (pl. Note : I am not suggesting this or promoting conversion) is either you get converted to Christianity or your wife gets converted to Hinduism and you marry as per the religious ceremonies and get certificate.
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The flat is in Mom's and Dad's name. Dad has passed away in Dec 2015. Has no will. We are 3 siblings. Does my Mom has right to own the property fully. Hindu Religion
Unless contrary intention appears in the sale deed, your father and mother will have both 50% share in the property. After demise of your father, his 50% share devolves upon your mother and You all siblings. The mother can not be full owner of the property. She will have her 50% share plus the share devolved upon her after death of your father.
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