Regarding Apex Court Judgement and/or Section of the act
I gave money to my friend who is also my colleague to help him without any consideration but before repayment of the amount he died and his family denied to repay the money although they have inherited so many immovable properties from him.
The related facts are:
1 I gave money in two parts, the time difference is around 1 year
2 The first part of the money is given by me is supported by an Agreement (Deed) and there are two witnesses, one of the witness is ready to come to the court for giving his statement.
3 And also I want to mention here that the first part of the money is giving after taken a post-dated cheque.
4 The second part of the money is giving to him through electronic fund transfer through bank a/c, for which no agreement was signed but it is taken by him for the purpose of buying a Taxi for his son (i.e., For the benefit of his son).
Now as per first consultation of kanoon.com I filled a civil suit against them, and my case come to the final arguments now and in which I needed the Apex Court Judgement as my lawyers were quoted the reference of the Apex Court in the reply filled by them and they do not have the judgement in their hands.
So now can you please provide me the Apex court ( landmark) judgement and/or related provisions of the Act to further guide my lawyers.
Asked in Civil Law from New Delhi, Delhi
1) you must have filed summary suit under Order XXXVII Rule 2 of code of civil procedure 1908
2) suit is based on written contract agreed between the parties
3) further borrower has issued post dated cheques which has bounced .
4) defendant borrower is bound to repay the loan amount with interest
If you have lent money, on the basis of documentary evidence you may first issue a legal notice to his legal heirs for repayment of the same.
If they refuse then you may file a suit for recovery with Attachment of property standing in his name before judgment to recovery of the property.
For judgment, you may approach your own lawyer who would be able to get the same.
What judgment do you need? In a civil suit for recovery there may be so many legal issues. If your lawyers are to be guided by you then they are not worthy of their robes.
On which point your lawyer need judgment
Advocate, New Delhi