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Anonymous

Posted 3 weeks ago

My brother is in jail and arrested under section 255, 257, 259, 260,420,465,467,468, 471. His case is transferred to session court. I want to know that he will get bail or not.He is handicap(means he can't talk properly). His handicapness will also be an advantage in getting bail or lowering punishment. Please reply.
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A. What is the stage of the criminal proceeding? Need to review the FIR and chargesheet only then legal opinion can be given. Contact a local lawyer for filing a bail petition in the Session Court
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
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

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

Anonymous

Posted 4 months ago

Hello Sir/madam I am a retired bank employee I got retirement in Aug 2016. I didn't opt for pension initially as my bank (Bank Of India) was asking for some funds for availing pension. As I was little short on funds at that time I didn't avail pension but now i have funds and I am willing to give it to bank and get my pension started. Recently bank proposed an offer to avail pension for retired bank employee in exchange of funds but it turned out that it was for those employees who were suspended. I am advised that I can avail pension as it's my legal right ......i want a professional opinion in this matter that what kind of legal procedure should I follow to get my pension started.....approximately how much time will the procedure take and how much will it cost me
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A. If you know your PPO number then write to the commissioner of the employee provident fund and pension department for immediate release of pension. Alternatively you can approach the grievance redressal officer (ombudsman) of BOI for the commencement of your pension and other benefits along with interest.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
I’m not paid the emi of loan of (48 months) from 2005, I don’t have contact with bank from not paid of emi of loan from 2005. But now they suddenly call to after 13 years and said “we have settlement for you , pay loan before 26/11/2018, otherwise your children will face problems in future” . We asked time to pay they don’t give the time and the give 7 days to pay for loan. But they said if you not paid your children will face problems, so worried about my children. I don’t have money to pay the loan. What I have to do , please help me before they take any action to me or my children.
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A. contact a local lawyer from Vidhikarya
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Anonymous

Posted 4 months ago

Dear sir i have a credit card limit of 35000 I have used the card last 2 years back , from 2 years iam paying minimum due of 3000, from past 3 months not able to pay due my financial problem, collection team visited my place to make the payment , but I explained my situation he refused to listen , he had given a option for settlement like i have to pay 30 % in 6 months , he is asking for postdated cheques what should I do can i trust him, please give advice
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A. Better approach the bank manager or the concerned department for settlement. But be aware that any sort of settlement will hit your CIBIL and you will be blacklisted as NPA. You will not apply for loan or any credit card. DO WHAT IS BEST IN YOUR SITUATION.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Anonymous

Posted 6 months ago

Sir due to my financial situation not able to pay my dues from past 2 months , recovery agents visited my house asking me pay the money instantly
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A. Lodge a complaint with the local police against the financial institution/bank and the recovery agency. FI or Banks cannot wash their hands off incase an agent or agency misbehaves. The FI/bank must accept full responsibility of the actions of the agents hired by the bank. If the police refuse to file a case, the magistrate can be approached for the same. If the recovery agents illegally entered into your house without authorised permission and forcefully try to recover the amount, then file a trespass case for violating your rights and an extortion case against them. As per the RBI Guidelines on Engagement of Recovery Agents, agents cannot resort to illegal and rough means to repossess any mortgaged property or underlying security. These guidelines bound them to contact the borrowers in a respectful and lawful manner. If you feel threatened that a particular agent or debt collection agency is flouting the said guidelines, then you have the option to report to RBI against the bank. RBI takes such complaints of violations very seriously and shall take appropriate action against the mentioned bank or FI.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

H S Rajput

Posted 6 months ago

I was transferred 1lakh to person on his personal demand (personal usage) after 4month he has been provided me 2nos. of cheques 1lakh and 16thousand(never presented, now it's expired/outdated). I have been presented only 1lakh cheque, which dishonored. So I have been filed a case. My advocate wrongly mentioned fund transfer as a cash(instead of NEFT). After 1 and half year in the last hearing I have been put all true facts before the court. Can you guide me, what will be view/judgement of judge.
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A. if its a typographical error it can be corrected with the leave of the court. Since the cheque of INR one lakh has been dishonoured the JM/MM will view your case like any other cheque bounce case and will pronounce its judgement accordingly.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Jaydeep Punjani

Posted 6 months ago

Respected sir i want file rti against nationalised bank regional office ahmdabad for my job issue so how u file?can i pay rti fees through non-judicial stamp? Please guide me
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A. Pay Rs.10/- towards RTI fee in the form of cash, Indian Postal Order or Bank Draft for central government public authorities and some state government public authorities and attach proof of fee payment with RTI application. In some states fee is more than Rs.10/- and mode of payment also varies.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

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