NRI Holding a Bounced Cheque from an Indian Company – Where Do You File in Delhi?
NRI holding a bounced cheque from an Indian company can still use Section 138. The court is generally where the cheque was presented for collection, not where…
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NRI or Foreign Company Recovering an Unpaid Invoice in a Delhi Commercial Suit
NRI or foreign company recovering an unpaid invoice in a Delhi commercial suit needs a cause of action here, a power of attorney and the right specified…
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Non-Compete Clause After a Commercial Deal – When It Actually Binds
Non-compete clause after a commercial deal binds only if it is reasonable in time, area and trade. A blanket ban on earning a living is the clause courts cut.
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Occupancy Certificate Delayed After the Builder Promised Possession in Delhi NCR
Occupancy certificate delayed after the builder promised possession in Delhi NCR is a RERA delay even if a temporary fit-out is offered. No OC means the…
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Partner Who Did Not Sign the Firm Cheque – Can He Be an Accused in Delhi?
Partner who did not sign the firm cheque can still be named if he was in charge of the firm’s affairs. A sleeping partner with no role is a different case.
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Amount in Words and Figures Differ on a Cheque – Does 138 Survive in Delhi?
Amount in words and figures differ on a cheque and the bank may return it. A Section 138 case in Delhi still needs a clear debt and a notice for a definite sum.
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Force Majeure Claimed to Avoid a Commercial Payment in Delhi
Force majeure claimed to avoid a commercial payment in Delhi works only if the clause covers that event and performance truly became impossible. A slow market…
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Income Affidavit Not Filed in a Maintenance Case – What the Court Does Next
Income affidavit not filed in a maintenance case delays the interim order and can lead the court to proceed on the other side’s figures. Hiding the salary…
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