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i have event hosted in india and then payment gateway suspected few transcation and holded money for 180 days and released after 180 days as there were 3 transcation dispute and we told to refund them release the rest payment they released the payment to company who sold ticket and now that company is not releasing the payment what are we not getting the payment from the event company
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A. You are advised to send a legal notice to the company for making outstanding payment along with interest followed by a suit for recovery
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Suneel Moudgil Exp: 15 Year(s) Panipat
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
My father & Mother took a joint mortgage loan of Rs. 5lakh form UCO shelter loan against our joint property. where my grandfather & my one uncle was guarantor on 04/08/2005 (where as there are 12 members of our joint family). thereafter my father paid 17 EMI's. On 12/07/2007 my father went missing (till now) & we submit the GD details to the bank. request them several times to restructure the loan details, but they failed to appreciate. thereafter all of a sudden the bank taken symbolic possession on 08/03/2017. then we appeal to Kolkata DRT. After several DRT hearings Bank fail to submit our documents & recently DRT announce us for final hearing. Please guide me in this financial crisis time what will be my request to DRT officer.
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A. Dear Sir, Without seeing the document in detail i am unable to advise.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata

Manish Xxxxxx

Posted 2 days ago

Dear sir, Im working in a call center and i get home drop in company provided vehicle like my other colleagues. There have been many accidents in my company in the home drops provided cuse the company provides cheap drivers and they work im day and night and they are all sleepy at night. In 2016 i met with an accident and i was injured. The driver provided by the company hardly knew how to drive and he lost contol and the car went into a ditch 50 feet below side of the highway. I want compensation from the company for 5 crores rupees as it is the companies job to give good drivers to company staff and even after so many accidents there are still complaints of driver sleeping while driving. i need lawyer to fight this case for me i also dont have money for lawyer fees.
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A. if an accident happens in 2016, then what are you doing since then? pls don't mind, whether any FIR was registered for the accident? if no, you can't claim injury, casualty?
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Suneel Moudgil Exp: 15 Year(s) Panipat
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Is an undergraduate/12th pass entitled to get appointment letter after serving probation period in Pvt Ltd company ?
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A. anyone, literate/illiterate is entitled to an appointment letter
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Suneel Moudgil Exp: 15 Year(s) Panipat
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 2 days ago

Hello , IAM Ravi Kiran from eluru, 5 months back IAM working in a private company and they did not given Salary on time. The last two months they not given single rupee also. That's why I resigned the company. Totally I get money from my company is Rs. 30000. Whenever I ask employee to give it to me on the last day of this month, or this week, already 5 months over. Those who gave me salary in the form of money. You can take the money . This should be given to another 3 people also please give me best solution . Thank you
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A. you should serve the company with a legal notice for making payment of outstanding salary along with interest, you can also approach labor commissioner regarding non-payment of salary
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Suneel Moudgil Exp: 15 Year(s) Panipat
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
A publisher, in Chennai. Tamil Nadu, has published my books without my permission or knowledge and has not paid me anything I would like to force him to pay me a reasonable compensation.. I am taking care of my aged mother and sick younger brother in Bangalore and the publisher is located in Chennai, so I will not be able to visit Chennai more than twice or thrice in this case. I would prefer to have a single hearing and judgement delivered in the first hearing itself. The publisher has published my books on amazon.in without my permission and knowledge in 2014 and has not paid me a single penny till now. I discovered it recently in 2019 and found that the books in question carry my name and my father's photo inside in the dedication. I want to force the publlisher to pay me a reasonable compensation. I have not signed any contract or any other agreement with the publisher till now. I had translated three books from Sanskrit into English and Tamil and had given the digital files to a publisher in chennai in March 2019. The publisher has sold the books in april 2014 on Amazon.in after lying repeatedly over 20 phone calls made between April to deember 2014 that he had no plans to publish the books. Now, after I had found out ll this through google search, he has rejected my demand for rs 15000 as compensation. He has put my name on the cover and my late father's photograph in the dedication page of each of the books. My name appears on the inside page of the books followed by the publishing company's logo. I have the copies of the books and the March 2014 proof copies of the books with my name and logo of the publisher on the proof copies. Despite frequent emails to customer support at amazon.in, informing them about all the facts with the attached snapshots of the proof copies of the cover pages of my books, and so-called assurances that my problems would be resolved, the executives at amazon.in have not done anything tangible till now. I have also cursed them to suffer all the cancers, which the world has ever known and will ever know in the future, because I have not received anypayment till now, while they collect their ill-gotten comissions from the publisher for the sale of books on their website. I have repeatedly urged the amazon.in authorities through email to cease selling the books on their website, blacklist and ban the publisher from their website forever and send me the notification of the black-list and ban notice so that I can upload them on all other online websites, to prevent th publisher from selling their books online on any other website. I have not received any tangible replies to these emails, though I initially received so-called emails assuring me of help in resolving the problems. These are the only documentation i have. I have not taken any action so far.
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A. you are advised to serve the publisher a legal notice for making payment of your genuine amount with a copy to Amazon.in no Court will decide the case in one hearing,
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Suneel Moudgil Exp: 15 Year(s) Panipat
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Hello people, This is Jagir Hussain, I am writing to you this on 14th June 2019. I am residing at Chennai. I am living in a leased accommodation for the past 2 years and 2 months. The contract of the lease amounting to Rs. 6.5 lakhs had a tenure of 2 years which was completed on 30th April 2019. And, I informed orally to the landlord Mr. Noorullah Basha on 8th March 2019 that I am going to vacate the house on end of the lease period and l asked him to arrange to return my deposited lease amount to me at the time of vacating the house. But he is not still arrange to return the amount to me and asking more time to return the amount to me. And, I asked him to renew the agreement till the time of arranging the lease amount for to return me. But he is refusing to renew the agreement and he is asking more time to return the lease amount to me. And also my 2 years lease agreement period completed on 30th April 2019 itself. But I am still residing there due to he is not returning my lease amount. Is this any problem for me? Please guide and advice me to how to return back my lease amount from him and when and how to vacate the house from there.
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A. you are advised to serve him a legal notice for making payment of the said amount followed by a suit for recovery, your living in the premises doesn't make any difference but you are advised to make payment through online mode
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Suneel Moudgil Exp: 15 Year(s) Panipat
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anup Mishra

Posted 3 days ago

I am a railway employee and if I want to report corruption and malpractices of my senior at work place without disclosing my identity then what is the procedure??
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A. Dear Sir, There is a procedure that if anonymous letters received then they will be thrown into dustbin.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Suneel Moudgil Experience: 15 Year(s) Panipat
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata

Shubham Garg

Posted 3 days ago

Sir, I have recieved two cheque dated 17/3/19 and 24/3/19 against two gst invoices, Now first cheque has been bounced twice once on 17th march and then 3rd april, I haven't filed any case as coustmer is saying he will pay me soon, but now as cheque expiry date is coming near , I am planning to present both cheque again, can I give him notice now, will date will be an issue?
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A. Dear Sir, Cheque bounce FAQs Negotiable Instruments Act 1A. Amended Cheque Bounce Provisions- 143A & 148…what is it? Ans: Section 143A- It empowers the Court to order the drawer of the cheque to pay Interim Compensation - 20% - Without depositing this amount the accused cannot defend the case. Section 148 – It empowers the Appellate Court to order payment pending the appeal against conviction The Appellate Court may order the appellant to deposit an amount which shall be a minimum of 20% of the fine or compensation awarded by the trial Court. This amount shall be in addition to the amount already paid by the appellant under Section 143A. It received the assent of the President and was notified in the Official Gazette on 02.08.2018 1. In which court do I need to file the complaint case under Section 138 N.I. Act in case drawer did not pay after receiving notice? A complaint case under Section 138 N.I. Act can be filed in any competent court in whose jurisdiction any of the following acts have occurred: a) Place of drawing of the cheque, b) Address of bank where cheque was presented (holders bank address), c) Address of bank where cheque is payable (drawers bank address) d) Place from where notice was received by drawer of cheque a. It is possible that each of these four acts could have occurred at different localities. The complainant can choose any one the above places to determine jurisdiction of court where they wish to file complaint. 2. What can I do if it has been more than 30 days since I received information of dishonour of cheque? If the cheque is still valid i.e. 3 months (currently) have not passed from the date of its issue, you can represent the cheque again to your banker as there is no restriction regarding the number of times a cheque can be presented and that every subsequent representation and dishonour gives rise to fresh cause of action for filing complaint. It may be noted that once a notice for payment is given then the holder must file a complaint under Section 138 N.I. Act within 30 days from expiry of notice period as a fresh cause of action will not arise if the cheque is presented again and it is dishonoured and failure to file complaint will lead to loss of remedy available under Section 138 N.I. Act. 3. How long after notice has been served can I file a case against the drawer? After giving notice you need to file a complaint case against drawer under Section 138 N.I. Act within 30 days from the expiry of notice period i.e. 15 days. In other words you need to file complaint case against drawer within 45 days (15+30) from the date of issue of notice. Failure to do so will lead to loss of remedy under Section 138 N.I. Act; however, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque. 4. What can I do if I do not have the drawer's address? You need the address of the drawer of cheque to issue notice as contemplated under provisions of N.I. Act; also the address is necessary if you wish to avail other legal remedies available to you. You can send the notice to the last known address. In case the address of the drawer has changed and the drawer has not left a forwarding address and the notice is returned with the noting that addressee is not available at the address or addressee has left without leaving a forwarding address then you need to file a complaint case after 15 days (notice period) of receipt of such information or returned notice and within 30 days from expiry of notice period. Failure to do so will lead to loss of remedy under Section 138 N.I. Act; however, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque 5. What should I do if the notice was returned and could not be served to the drawer? When a notice is returned to the sender as unclaimed or with the noting that addressee is not available at the address or addressee has left without leaving a forwarding address then the date of receipt of such information or returned notice would be the commencing date for the notice period of 15 days. Complaint case under Section 138 N.I. Act must be filed within 30 days from expiry of notice period. Such reckoning would be without prejudice to the right of the drawer of the cheque to show that he had no knowledge that the notice was brought to his address or previous address. 6. Can Mohan Law Chambers assist in drafting of legal notice as required by Section 138 of N.I. Act.? Yes, Mohan law Chambers offers assistance in drafting of legal notice as required by Section 138 of N.I. Act. 7. How long after receiving information of dishonour of cheque do I have to serve notice to the drawer? You need to serve a legal notice to drawer of cheque demanding payment of cheque amount within 30 days of the receipt of information from your banker regarding dishonour of cheque under Section 138 N.I. Act. 8. What if the cheque was given for a reason other than to discharge a legally enforceable debt or other liability? In cases where cheque was given for a reason other than to discharge a legally enforceable debt or other liability, the provisions of Section 138 N.I. Act are not applicable e.g. Cheque given as Gift, in charity, donation etc. 9. Can a cheque issued in security attract offence under Section 138 N.I. Act? With respect to the dishonour of cheques given as security, legal position is not very clear. It is subject to presumption and proof thereof that may be given by either party in support of their case. High Court of Delhi in the case of M/s Datt Enterprises ltd. vs. V.K.Dua held that the security cheque does not attract the provisions of Section 138 N.I. Act., if cheques were given as a security cheque as per past practice and pending reconciliation of accounts and not towards discharge of any liability. 10. What is a legally enforceable debt or other liability? Legally enforceable debt or other liability should be such which is contracted in accordance with law and which is not opposed to public policy viz., wagering contracts, debt obtained for running brothel or gambling house etc. 11. What is Section 138 N.I. Act and why is remedy available under it preferable to remedy available under other laws? a. Section 138 N.I. Act was made to provide an additional criminal remedy over and above the civil remedies available; to provide a speedy and effective remedy to holder of dishonoured cheque. b. Summary suit for recovery of money takes time (approximately 3 to 5 years) and criminal proceedings under Section 420 I.P.C. does not provide any provision for recovery of money and is meant only for prosecution of the drawer of the cheque who entertains dishonest intention to cheat. 12. What is a summary suit for recovery of money? Summary suit is a civil legal proceeding initiated for recovery of money due under any written agreement, cheque etc. These proceedings are different from normal recovery suit, as here the liability to prove that petitioner is not liable to recover any amount is on defendant for which he needs to obtain leave to defend from the court. 13. What is the validity of the cheque in day to day business? The current validity of cheques is 6 months. However, please note that from April 1, 2012. The validity will change to three months as per recent directive of RBI (under Sec. 35A, Banking Regulation Act, 1949) 14. What can I do if a cheque given to me has been dishonoured? a. The holder of a cheque that has been dishonoured can seek remedy in the following manner: i) Action under Section 138 Negotiable Instruments Act (N.I. Act): Give notice under within 30 days of receipt of information of dishonour from the bank. In case of non- payment by the drawer within the notice period of 15 days, then the holder must institute a complaint case for prosecuting drawer within 30 days of expiry of notice period. ii) Civil Action as Summary Suit: Issue notice within 3 years from issue date of cheque and institute a summary suit for recovery of cheque amount along with interest and legal expenses. The notice can also be used while filing summary suit for recovery of money. iii) Criminal Action: Initiate criminal proceedings by filing complaint under Section 420 Indian Penal Code (I.P.C.) within 3 years from issue date of cheque. Please note that there is no provision for recovery of money under Section 420 I.P.C. and this section is meant only for prosecution of the drawer of the cheque when dishonest intent to cheat in inferred. 15. What documents / evidences do I need at the time of filing complaint case under Section 138 N.I. Act? You will need at the minimum, the following: a) Proof of service of notice - receipt of postal department / courier b) Copy of notice c) Cheque in original 16. What can I do if I do not file a complaint within 30 days from expiry of notice period? If you have not filed a complaint case within 30 days after expiry of notice period, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from the date of issue of cheque. 17. What can I do if it has been more than 30 days since I received information of dishonour of cheque and 6 months has passed from the date of issue of cheque? a. Other remedies are also available to recover the cheque amount. You can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque. In case the cheque was never presented during its validity period then a summary suit is the only available remedy for recovery of money. (Notice can be given to drawer up to 3 years from date of issue of cheque for instituting a summary suit for recovery of money. Criminal proceedings for prosecution of drawer can also be instituted within 3 years from date of issue of cheque under Section 420 I.P.C.) 18. The drawer is asking me to settle the claim at a reduced value. What should I do? Its up to you to settle the claim at a reduced value as the same will save your precious time, as well as legal hassle. Now-a-days courts are also encouraging amicable settlement between the parties. However, if you settle the dishonoured cheque amount at a reduced value, you will lose all remedies available under law. 19. What remedy do I have if the drawer delays in settling after conviction? In a recent 2010 judgement, Supreme Court has laid strict rules to deal with such delaying tactics. Delay in settling cheques bounced will cost up to 20% of the cheque amount post-conviction. This is detailed as: 10% at District Court level; 15% at the High Court level; and up to 20% at the Supreme Court level. For e.g., Defaulter going for settlement will have to pay 10% of the cheque amount to avoid going to the jail. 20. Can I recover interest and legal expenses from the drawer of the dishonoured cheque? Yes, you can recover interest and legal expenses from the drawer of the dishonoured cheque in a summary suit for recovery of money, but not in the proceedings initiated under Section 138 N.I. Act. However, under Section 138 N.I. Act the award maybe higher than the cheque amount. 21. What should I do if the drawer does not make payment upon receipt of notice? You can adopt either or any of the remedies available to you: a) Can file a criminal complaint against drawer of cheque under Section 138 of N.I. Act. b) Can file a summary suit for recovery of money, interest and legal expenses. c) Can file a criminal complaint against drawer of cheque under Section 420 of I.P.C. Please note that there is no provision for recovery of money under Section 420 I.P.C. and this section is meant only for prosecution of the drawer of the cheque. In case a person has filed suit for recovery, then he is not precluded from filing a complaint under Section 138 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code. The pendency of criminal matters would not be an impediment to proceeding with the civil suits.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Suneel Moudgil Experience: 15 Year(s) Panipat
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad

Anonymous

Posted 3 days ago

Hi, I have joint property with my mother in Ghaziabad. We purchased it in 2016. To get it transferred in my name, what is better - a Will or relinquishment document? And what are the approximate charges for both.
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A. You shall require a relinquishment deed.
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Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

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