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Sir, my uncle stood as a guarantor for a bank loan in nationalized bank and given security collateral for the loan. Borrower is my uncle relative. The borrower and bank manager joined together and made collusion in the loan transaction. Bank manager received bribe from borrower and given adhoc facility by 200% without any superior approval. Bank manager personally given more money. Borrower escaped few years back and account declared as NPA. Later the bank made a complaint in CBI and the bank manager was dismissed from his role. Few months back the CBI court given judgement and convicted both Manager and borrower for a years with huge amount as penalty. In this situation my uncle guarantee still valid? Many of my friends told that the Guarantor is not liable for colluded transaction.he must be discharged from the liability.. Please advise. There are so many judgement given in favour of guarantor for same scenario by different Indian courts. Please help. Thanks
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A. From bank's perspective, the guarantor is treated as good as the borrower. Hence, it is the responsibility of the guarantor to clear the loan. In case the said guarantor refuses to comply with the demand made by the creditor/banker, despite having sufficient means to make payment of the dues, such guarantor would also be treated as a wilful defaulter. Refer to the notification of the RBI dated September 9, 2014 and SC judgement justices BS Chauhan and Dipak Misra 2012.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

S Dharmaraj

Posted 3 months ago

I have used my credit card and my dues around 4 lakhs, including interest and all charges. I want to sort out the Issue without effecting my cibil , but bank person as given option of settle or full settle or Emi option for total dues.. But the amount of dues is actually double of Principle amount. I want to reduce the interest and other charges..is there any solution for that??
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A. speak with the bank officials. However if you don't want your CIBIL affected you should pay the full payment which can be either one time lump sum amount or emi option.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Gvsaikumar

Posted 3 months ago

Dear Sir, I have a doubt a that a person encroached VMC land and got registered in his name nearly 20 years back. Now how can I tackle the land encroachment issue through RTI ? What may be the questions help me to uncover the hidden things ??
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A. contact Vidhikarya for allotting a lawyer to write RTI application or any other application which is appropriate. You can prefer a PIL if such corporation land has something to do with public interest.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
What would be great way if parent want to transfer ownership to son while they alive and cannot be claimed by daughters in future. Also how much it could cost overall?
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A. a registered Gift deed. Registration fees is nominal. Contact Vidhikarya for assigning a lawyer for registration
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Sheetal Hadale

Posted 3 months ago

I ask question but wrong understand.... My question is I gave money to one of my friend by cheque he need that time he promised to give after some month but now he is not returning my money so how can legally I can make him to return my money
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A. it will be difficult to recover because as there is no written instrument. Even police won't take your complaint as FIR. But you may try your luck by filing an application under section 156(3) CrPC before the magistrate to give direction to the police to take your complaint as FIR and make an investigation.You require two witnesses in whose presence the cheque was given and the terms of its refund. If you are able to do this then there will be possibility he might refund your money. Contact a local lawyer from Vidhikarya to take up your matter.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Anonymous

Posted 3 months ago

I have given money one of person by cheque by he is not giving return to me
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A. is there any written instrument (agreement) stating the terms and conditions for which it was given. If not forget about it and carry on with your work. You won't be able to recover unless he is an honest man
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Is there any particular form for the writ of Mandamus or we will have hire lawyer in order to get this writ issued.
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A. contact a local lawyer from Vidhikarya to file a writ petition. Engage a lawyer to do his work.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Anonymous

Posted 3 months ago

I got married(social) on March 16 beyond my will, so after that I left that house completely from March 17 and went to another place 350 km away,where I earn my own and survive. Its been more than 1.5 years that I have absolutely no contact with them. Now if I want to settle in future with someone else, I dont want that past to effect my present.so I decided to get a mutual dissolution of marriage and so called them through my family, but now in order to create more hurdle they want everything in paper and hence want me to file case in court Note-I have not signed the marriage registration
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A. get your first marriage dissolve by decree of divorce from court otherwise you will be in a big trouble for marrying during the lifetime of your first spouse. If your spouse does not agree for a mutual consent divorce then you should go for a contested divorce on the ground of cruelty. Contact a local lawyer from Vidhikarya to take up your matter.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Anonymous

Posted 3 months ago

I have to give a written statement. I have taken extension date since three hearings. So that I could get the evidence. The evidence is taking longer time to get. So I want more extension in filling the written statement Will I get the extension or should I give whatever evidence I have so far?
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A. 90 days is the time limit to file the ws otherwise your defence will be struck-off. Amendment of ws can be done at any stage once you get hold of any new evidences. Note: It has been held in some recent cases that the delay can be condoned and the ws can be accepted even after the expiry of 90 days from the date of service of summons in exceptionally hard cases. But in that situation you need to satisfy the court that there was a genuine exceptional ground that prevented you from filing ws. Don't take any chances, file your ws.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Gvsaikumar

Posted 3 months ago

Dear Sir, I sought an information through RTI regarding the legality of the construction. I found in the information provided that the construction is unauthorized. Now what is the procedure to stop that construction ? If officials too do not respond then what is the alternative left for me to stop that construction ?
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A. Contact a local lawyer from Vidhikarya to serve a demand notice upon the municipality. If their officials don't register a demolition case against the builder, then file a Writ Petition in the high court against the municipality and the builder. I am sure you will get an appropriate direction from the high court upon the municipality to register a demolition case for such illegal construction.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

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