Shirish Pawar And Associates

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...

DIVORCE GRANTED WHEN THERE IS NOTHING TO INDICATE THAT HUSBAND CONTRIBUTED TO BREAKDOWN OF MARRIAGE
 
In present appeal dissolution of marriage decree to husband was challenged.
 
Since all efforts of mediation at the instance court failed and the parties could not resolve the differences, court ...

PROTECTION TO TENANT UNDER SARFAESI ACT
 
Respondent no. 4 & 5 borrowed the money and later defaulted repaying it. Hence bank Respondent no. 1 to 3 approached DRT for recovery. Pending those proceedings bank invoked proceedings u/s. 14 SARFAESI act and approached the District Magistrate for takin...

PLEA NOT MAINTAINABLE
 
In a complaint u/s. 138 Negotiable Instruments Act the following are the defences by accused and court’s observations.
 
Accused alleged that, POA holder son of complainant is not competent to depose as when transaction took place he was minor. Court observed, POA was not ...

RECTIFICATION OF SALE DEED WHERE MISTAKE IS OF ONE PARTY
 
The correction of sale deeds was sought on the ground that appellant had committed a mistake while mentioning description in sale deeds.
 
Court observed that, it is the duty of both the parties to the contract for sale, to take care wh...

DIVORCE – GROUND OF MENTAL CRUELTY BY WIFE
 
It is the case of the appellant husband that, from the day of marriage respondent wife was not talking with him and his family nicely. On the next day of marriage itself, respondent informed that she wanted to marry another person but her parents for...

CIRCUMSTANCES WHERE GENUINENESS OF WILL DOUBTFUL
 
The appellant has impugns the judgment passed by Principal District Judge. The case before trial court is, the son of deceased sister has filed suit for recovery of possession and injunction with respect to shop. It was contention of the plaintif...