Advocate Aditya Deolekar

Questions Answered by Advocate Aditya Deolekar

Q: Chequ bounced on insufficient funds

I gave 50 thousand cash to my friend for his sister medical problem he promised me he will give it return in a few weeks after few weeks when I asks for returning the given payment he gave me cheque of 50 thousand when that cheque I deposited in Bank that time bank Said that account holder have not sufficient fund then I made compliant under cheque bounce

Advocate Aditya Deolekar answered
if you have already made a complaint then what is that you are looking to do ? or do you want to file a complaint? what is the stage of the Complaint?Also have you followed the process under negotiaable instruments act 1881 ?

Q: Forged will and false trespassing case

Younger brother prepared will in his name and got it witnessed by his son and wife and got it registered. \nWithout obtaining probate from high court he got the share certificate of flat transferred in his name with hand to gloves with chairman and secretary without NOC from other legal heirs. He files false police case of trespassing on brother. Please help.

Advocate Aditya Deolekar answered
well you need to file a complaint with the police station after removing the papers from society and in such complaint you need to detail all the lapses and how fraud has been played. you can challenge the will but then again probate is not applied so not necessary. you will have to take action against the society if they have acted upon a unprobated will

Q: Bail application in sessions or high court?

Hi, bail application is first rejected before chargesheet in sessions court. Second application was rejected after chargesheet however session was not committed. What should be further process? In matter of 376 and 506.\n1. Should apply again third time after session committed in sessions court? Or\n2. Approach high court now right away?

Advocate Aditya Deolekar answered
You must first approach high court and in the event it doesn't work out then approach the sessions court again. Because filing repeated bail applications is not helpful and would reflect upon your conduct l.

Q: I have a query related to consumer dispute related to unfair trade practice by a service provider. I

I have a query related to consumer dispute related to unfair trade practice by a service provider. If the cause of action arose in July of 2020, then can we file consumer complaint in 2023 in view of Supreme Court\'s order wherein the period from 15th March 2020 to 28th February 2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi-judicial proceeding.\nCan consumer complaint be filed in 2023?

Advocate Aditya Deolekar answered
yes you can file a consumer complaint now ...the limitation period is 2 years but the period between March 15 to may 31, 2022 shall stand excluded and therefore you still have a year of time to file but you shouldn't delay

Q: Can I file recovery suite now.Cause of action is 20 Jul 2019

Can I file recovery suite now.Cause of action is 20 Jul 2019

Advocate Aditya Deolekar answered
yes you can file as the limitation period to do so is 3 years and during covid limitation period was suspended from March 15, 2020 till February 28, 2022 with grace period of 90 days taking the same upto June 1, 2022