Shirish Pawar And Associates

ABETMENT OF SUICIDE AND EXTORTION – CHALLENGE TO PROCEEDINGS
 
Informant alleged that, deceased Mahadev was son of informant. He was charged u/s. 376 IPC by police since long time. On 18.09.11 applicant visited the informant’s house and informed that, a warrant was issued against her son. Applica...

CONVICTION WHEN NO EVIDENCE OF DEFENCE TO DISPROVE PRESUMPTION IN CHEQUE BOUNCING CASE
 
Appellant accused purchased non woven fabric from respondent complainant as per invoices of Rs. 5,07,062/- and Rs. 5,10,000/- each. For repayment accused issued two cheques which got bounced on presentation f...

CONSEQUENCES WHEN WIFE’S VERSION OF CRUELTY IS MORE PROBABLE AND RELIABLE THAN HUSBAND
 
It is the grievance of the husband that, wife is arrogant, whimsical and has abnormal behavior. He informed that, she was suffering from Rheumatoid arthritis and hypothyroidism. Husband has referred three inc...

UNWILLINGNESS AND UNREADINESS TO PERFORM CONTRACT
 
Defendant no. 1 has mortgaged the suit property with bank and availed loan. Since the loan repayment defaulted bank initiated the recovery proceedings. For repayment of loan he had no option then to sell the property.
 
Plaintiff approached defe...

LEAVE TO DEFEND IN RECOVERY SUIT
 
Defendant booked office premises of 2000 sq. ft. in plaintiff’s project of business centre and paid Rs. 1.50 Crores as consideration. However defendant failed to handover office unit. Upon persuasion defendant refunded Rs. 60 Lakhs. Meanwhile defendant allotte...

QUASHING OF PROCEEDINGS WHERE WIFE HAS RAISED SAME ISSUES WHICH SHE RELIED UPON IN EARLIER DIVORCE PROCEEDINGS
 
Due to matrimonial discord applicant has filed proceedings of divorce on the ground of cruelty. The family court has granted divorce in the said petition. The respondent filed first ap...

CONSEQUENCES OF MENTIONING WRONG CHEQUE NO., DATE ETC. IN LEGAL NOTICE AND COMPLAINT
  
Present appeal is filed against the judgment of acquittal in offence u/s. 138 of Negotiable Instruments Act. The substances of complaint is that, accused and complainant are known to each other for more than...

NECESSITY OF PLEADING OF FRAUD, MISREPRESENTATION ETC.
 
The dispute between the parties centers around plot no. 57 admeasuring 4942 sq. feet. The said plot was allotted to defendant no. 2 to 5 on lease by defendant no. 1 Govt. authority. The defendant no. 2 to 5 did not abide by the time limit...

WHETHER RECOVERY OF BARRED BY LIMITATION AND ADVERSE INFERENCE IN ABSENCE OF EVIDENCE
 
Plaintiff has instituted the suit for money recovery in the trial court. Trial court allowed the suit. Aggrieved defendant filed first appeal and court reversed decree that, suit barred by limitation as it w...