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Saturday, September 30, 2023

If a signed blank cheque is voluntarily presented to a payee, towards some payment, the payee may fill up the amount and other particulars - This in itself would not invalidate

NI Act S.138 – If a signed blank cheque is voluntarily presented to a payee, towards some payment, the payee may fill up the amount and other particulars - This in itself would not invalidate the cheque - 2023 KHC OnLine 617

_[ Prana Educational and Charitable Trust v. State of Kerala -  18 September, 2023 ]_

In India, there is no specific law that governs the repossession of vehicles by lenders.




If 
In general, however, it is common for loan agreements to i

If a scooter loan company has taken your scooter for default of one month's payment, it is important to understand your legal rights and options.

In India, there is no specific law that governs the repossession of vehicles by lenders. However, the general principles of contract law apply. This means that the lender must comply with the terms and conditions of the loan agreement before repossessing your scooter.

If the loan agreement does not allow for repossession after just one month of default, then the lender has acted illegally. However, even if the loan agreement does allow for repossession, the lender must still follow certain procedures. For example, the lender must typically give you written notice of their intention to repossess the scooter.

If you believe that the scooter loan company has repossessed your scooter illegally, you should contact a lawyer to discuss your options. You may be able to file a lawsuit against the company to recover your scooter and obtain damages.

In addition to legal action, you may also be able to negotiate with the scooter loan company to get your scooter back. For example, you may be able to offer to make a lump sum payment or to modify your loan terms.

If you are struggling to make your loan payments, you should contact the scooter loan company to discuss options for avoiding repossession. The company may be willing to work with you to create a repayment plan or to offer other assistance.

Here are some tips for negotiating with a scooter loan company:

Be polite and professional.
Be honest about your financial situation.
Be clear about what you are asking for.
Be willing to compromise.
If you are unable to reach an agreement with the scooter loan company, you may need to consider filing for bankruptcy. This can be a complex and difficult process, but it may be the best way to get out of debt and protect your assets.

Sunday, September 24, 2023

what is the weight limit for carrying good india motor vehicle act?




The weight limit for carrying goods in India is specified in the Motor Vehicles Act, 1988 and the Central Motor Vehicles Rules, 1989.

The maximum gross vehicle weight (GVW) is the total weight of the vehicle and its load. The GVW of a vehicle is determined by its manufacturer and is specified in the vehicle's registration certificate.

The maximum axle load is the maximum weight that can be carried on each axle of a vehicle. The axle load of a vehicle is also determined by its manufacturer and is specified in the vehicle's registration certificate.

The maximum weight limit for carrying goods in India is 49 tonnes for rigid vehicles and 55 tonnes for semi-articulated trailers and truck-trailers. However, there are some exceptions to this rule, such as modular hydraulic trailers, which can carry goods of indivisible nature of any load subject to the regulatory approvals as may be required.

It is important to note that the weight limit for carrying goods is not the only factor that needs to be considered when loading a vehicle. It is also important to ensure that the load is evenly distributed and that the vehicle is properly balanced. Overloading a vehicle can make it dangerous to drive and can also damage the vehicle.

If you are unsure about the weight limit of your vehicle or how to properly load it, it is always best to consult with a professional.

Saturday, September 16, 2023

In a negotiable Instruments act cheque case in Kerala the complainant died what is the next step




In a negotiable Instruments act chrque case in Kerala  the complainant died what is the next step

If the complainant dies in a Negotiable Instruments Act cheque case in Kerala, the following steps can be taken:

The legal representatives of the complainant can apply to the court to be substituted as the complainants in the case.
If the legal representatives do not wish to continue the case, they can file a petition for withdrawal of the case.
If the court allows the withdrawal of the case, the case will be dismissed.
If the court does not allow the withdrawal of the case, the case will continue with the legal representatives of the complainant as the complainants.
If the accused is convicted in the case, the legal representatives of the complainant will be entitled to receive the compensation awarded by the court.

In the state of Kerala, there is a specific provision in the Negotiable Instruments Act, 1881 for the continuation of a cheque case in the event of the death of the complainant. Section 144 of the Act states that:

"Where a complainant dies, his legal representative may apply to the court to be substituted as the complainant, and if the court is satisfied that the legal representative is entitled to make the application, the court shall substitute the legal representative as the complainant."

This provision ensures that the legal representatives of the complainant are not deprived of their right to prosecute the case in the event of the complainant's death.

It is important to note that the above are just general guidelines. The specific steps that need to be taken in a particular case will depend on the specific facts and circumstances of the case. It is advisable to consult with a lawyer to get specific advice on how to proceed.


Cheque case after complainant's death