Cheque Bounce & Grounds of Divorce by Adv. Narendra Kalra- LawyerInc

Cheque Bounce: bit.ly/2J6BkEV

With the increase in the usage of cheque instead of cash or any other mode, the ease of transactions has without doubt increased. What also has increased is the evading of payments i.e. cheque bounce in the garb of providing cheque that can be honoured by the banks or in simple words when the bank cannot process the cheque presented for the payment due because of some reasons.

 

There have been a plethora of such incidents wherein an individual or an entity presents the cheque to a bank only to receive a bank memo stating its inability to make the payment.

What Is The Procedure Of Sending Cheque Bounce Notice?

What one must be aware of is that cheque bouncing is an offence and you have legal remedies against the defaulter. The Indian laws have provisions in the Negotiable Instruments Act, 1881 for the offence of Cheque Dishonour. This implied that the Drawee in whose name the cheque is issued should be aware of his rights: to demand the payable amount through a legal notice and in the event where the payment is not made even upon the demand, to approach the appropriate court of proper jurisdiction. Before approaching the court, you must be sure to have read this checklist. The legal remedy to the drawee is available only if: .

 

The cheque was issued in discharge of a debt or liability, in whole or in part, and not as a gift or loan.

You presented the cheque within the period of its validity;

You have sent the defaulter a written demand notice within 30 days of the receipt of information of cheque bounce from the bank, giving 15 days for the payment of due amount, and

The payment has not been made within the 15 days as provided in the demand notice.

It is only after the above that you have to engage a lawyer and approach the court with a criminal complaint under the provisions of Section 138 Negotiable instruments Act, 1881, within a period of 30 days from the date of the receipt of the Legal Notice.

 

Grounds of Divorce: bit.ly/2H6DfHs

 

Divorce procedure is governed by various laws/Acts prevalent in India. Divorce in India can be initiated by any of the party as per the grounds provided under the relevant laws prevalent in India. Generally among Hindus, Buddhists, Sikhs and Jains, Divorce is governed by the Hindu Marriage Act, 1955, for Muslims by the Dissolution of Muslim Marriages Act, 1939, for Parsis by the Parsi Marriage and Divorce Act, 1936 and for Christians it is governed by the Indian Divorce Act, 1869.

 

Various Types Of Divorce Petition In India

Section 13 of the Hindu Marriage Act, 1955 covers the provision of mutual consent divorce as well as other provisions. Divorce can be filed with mutual consent, or it can be filed by either husband or wife without the consent of the other.

 

Divorce by Mutual Consent

Divorce not out of Mutual Consent such as due to Cruelty, Adultery, Desertion, Conversion, Mental Disorder, Communicable Disease, Renunciation of World, Presumption of Death etc.

Preconditions To Start Divorce Proceeding

Under various Divorce laws prevalent in India, either partner can send a legal notice for Divorce to the other. So sending a legal notice is the first step to be taken before starting any legal proceedings to make aware about the conflict between the parties (if any)/ or it is last sort of medium to resolve/end the conflict between the parties.

 

Legal notice is a formal communication sent by one party to the other, warning them before taking any legal action further and communicating his/her intention to undertake legal proceedings against the other party and make the other party aware of the grievance.

 

 

Advocate Narender Kalra can be consulted for further information lawyerinc.net/advocate-narendra or by calling at 9681006624.

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