Question: We are trader from Maharashtra supplied the material to party in Telangana. From last one year he is not paying balance 2.85 lakhs payment. He has given PDC of 10 lakhs as a security. But cannot deposit as demand amount is less than PDC. Pls advise.
If a party owes you money, there are several steps and legal avenues you can pursue in India. However, please note that while I can provide general guidance based on your description, it's essential to consult with a legal professional for personalized advice specific to your situation.
Here's a general overview of what you can consider:
- Written Communication: Before considering any legal action, send a formal written reminder to the party detailing the amount due, the products or services for which the payment is due, and request immediate payment. Ensure this communication is sent through a recorded delivery method (like speed post) to have proof of delivery.
- Mediation: If the party is willing, you can both agree to resolve the matter through mediation. This involves an unbiased third party (the mediator) assisting both parties in reaching an agreement.
- Legal Notice: If there's no response or resolution from the above steps, consider sending a legal notice through a lawyer. This is a formal way of demanding the dues and informing the party that you may initiate legal proceedings if the dues are not settled.
- Negotiate a Settlement: If the party responds after the legal notice, and there's room for negotiation, you could possibly agree to some form of settlement, either in part or as a structured payment plan. Remember, it's essential to get any such agreement in writing.
- Civil Suit: If the party doesn't respond even after the legal notice, you can consider filing a civil suit for recovery of the dues. You'd need to approach a competent court under whose jurisdiction the contract was executed or where either of the parties resides or carries on business.
- Criminal Complaint: Issuing a cheque that bounces due to insufficient funds can be considered a criminal offense under Section 138 of the Negotiable Instruments Act. However, there's a complication in your case because the Post Dated Cheque (PDC) amount is more than what is owed. You should consult with a legal professional to understand if and how this could be used. Often the mere threat of criminal proceedings can prompt settlement.
- Insolvency Proceedings: If the party in Telangana is a company and is unable to pay its debts, you might be able to initiate insolvency proceedings against them. This is a more drastic measure and requires consultation with a legal professional.
- Engage a Collection Agency: Some businesses engage collection agencies to recover their dues, but this comes at a cost, as these agencies charge a fee (usually a percentage of the recovered amount).
Remember, preserving the relationship might be beneficial in the long run, so always approach these matters with a balance of firmness and understanding. Lastly, always consult with a legal professional when considering any of the above options.
Members have breached trust unlawfully. As an ex-President and donor, I am facing a situation where 10 members have passed away, some members have resigned, and there have been no audits for 15 years, leading to a breach of trust. Three members have no objections to returning the land donated. However, the secretary and one member are attempting to transfer the trust land to another trust for their own benefits. How can I take action in this situation to protect my interests as a donor?
Asked from: Rajasthan
As a donor, you have the right to manage and protect the donated property from any unauthorized actions. To safeguard the property, the first step is to file a civil suit for a permanent injunction against the members involved.
By filing the civil suit, you can legally assert your right to manage and control the property, preventing any misuse or transfer by the members. Additionally, in the same suit, you should also request a temporary injunction to immediately stop any potential transfer of the property to other parties.
Seeking a temporary injunction will act as a precautionary measure, ensuring that the property remains under your protection until the court decides on the permanent injunction. This legal action will help preserve the property and its intended purpose as per your donation and prevent any unauthorized actions by the members involved.
Related:
Question: My father is having illegal relations with my paternal aunt. They have discretely registered their marriage after my mother demise. I am the only daughter of my father and now married. My father is reluctant to give my educational certificates. Can i have the share in property in future? Can i avail the benefits of family pension scheme? My aunt has 3 children from first marriage, can i suspend pension of my stepmom in future?
Being a daughter, you have right in the property of your father if he dies intestate. In India, if a father dies intestate (without a will), his property will be inherited by his legal heirs. In the absence of any sons, his daughter will be his sole legal heirs and will inherit his entire property.
Until marriage you have the right to get a portion of family pension because your father is refusing to maintain you. However, in this situation you can also claim maintenance from your father in Section 125 of the code of criminal procedure.
Your father has no right to retain your educational certificates. You should submit a representation to the state woman commission against the illegal retention of your certificates by your father. Don't engage police authority for taking certificates from your father because it may further worsen your relations with your father.
If an FIR (First Information Report) was filed against you in the past and the case has been closed in 2022, you may still be eligible to apply for a new passport. However, it's essential to follow the correct procedure and provide the necessary documents during the application process and police verification.
Here are some general steps you can consider:
- Collect documents: Gather all relevant documents related to the FIR and the closure of the case. This may include a copy of the FIR, court orders, or any other documents proving that the case has been closed.
- Police clearance certificate (PCC): To apply for a passport, you will likely need to obtain a Police Clearance Certificate (PCC) from the police station having jurisdiction over your place of residence. The PCC certifies that you have no pending criminal cases against you.
- Online application: Apply for a new passport through the Passport Seva website (www.passportindia.gov.in). Fill out the application form accurately, providing all required details and supporting documents.
- Police verification: After submitting your application, a police verification process will be conducted. During this process, the police will visit your residence and verify the information provided in your application, including your criminal record.
- Submit supporting documents: During the police verification, you may need to present the documents related to the closure of the FIR and the case. This could include the court order stating that the case has been closed.
- Follow up on the application: Regularly check the status of your passport application online and respond promptly to any communication from the passport office or police department.
Keep in mind that the specific documents required and the procedures may vary depending on the details of your case and the passport office's guidelines. It's essential to provide accurate and truthful information during the application process.
Can I get complication certificate after completing construction in violation of law? I own a corner plot in HUDA with a green belt of approximately 5 feet, and I have completed the construction of my house, including a side balcony. Now I need to obtain a completion certificate. Is there any provision to apply for the certificate with any penalties or charges? Please provide guidance.
Asked from: Haryana
Yes, there is a provision for you to apply for a completion certificate for your house, even though you have a side balcony. However, there will be a penalty of Rs. 5000 for the side balcony.
The Haryana Urban Development Authority (HUDA) has a provision for issuing completion certificates to houses that have been constructed in accordance with the approved building plan. The completion certificate is a necessary document for selling or renting your house.
In your case, since you have a side balcony, which is not permitted in the approved building plan, you will have to pay a penalty of Rs. 5000. You can apply for the completion certificate online or at the HUDA office.
Related:
Question: Whether ACB can arrest accused person without register an FIR? It is alleged that, Complainant went to Police station on 24/03/2023, and met the applicant accused. it is alleged that, the applicant accused demanded Rs. 1,00,000/- from the complainant for helping him in his Anticipatory bail application pending before Hon’ble Addl. Sessions Court, the alleged amount of bribe was not accepted by the applicant though there was a trap arranged on 27/03/2023. thereafter the bail application of the applicant filed before Hon’ble Ad(ll. Sessions Judge was rejected on 06/04/2023. Therefore, the complainant lodged by a complaint with ACB on dated 17 May 2023 but the applicants accused was arrested before few hours without register an FIR. If the accused was arrested before the FIR is filed, what action should be taken next?
In this instance, the ACB was required to file a formal complaint against the individual in question. It was not necessary to file a First Information Report (FIR) at this particular stage. If the ACB intended to take further action against the accused, such as conducting trap proceedings or making an arrest, they were obligated to document a "fard" which would later be converted into an FIR.
If the aforementioned procedures were not followed by the ACB, your arrest and detention would be deemed unlawful. You possess the right to seek bail and compensation from the state government for the illegal detainment.
To address the entire course of action, it is advisable for you to file a writ petition in the High Court under Article 226 of the constitution, seeking the annulment of the entire proceedings.
