Escalation Claim Denied by the Employer in a Delhi Construction Contract
Escalation claim denied by the employer in a Delhi construction contract succeeds only if the contract allows it or if a statutory change occurred. A general…
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Running Account Bills Not Certified by the Client – Can a Delhi Construction Company Still Sue?
Running account bills not certified by the client do not end the claim. Measurement records, site instructions and part-payments can still support a…
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Several cheques from one debtor presented on different dates
Several cheques from the same business debtor presented on different dates usually need separate 138 complaints if each presentation creates its own cause of…
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Businessman Receives a 138 Notice for a Cheque He Gave as an Advance That Was Later Cancelled
138 notice for a cheque given as an advance that was later cancelled is defensible if the advance purpose ended and the cheque was not re-issued for a fresh…
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Cheque Issued by One Group Company and Presented Against Another – Does 138 Lie in Delhi?
Cheque issued by one group company and presented against another does not automatically make the second company liable under Section 138. The drawer on the…
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Company Wants to Recover a Security Deposit from a Landlord
Company wants to recover a security deposit from a landlord in Delhi and the route depends on whether the lease is a commercial dispute of the specified…
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Performance Bank Guarantee vs Financial Bank Guarantee
Performance bank guarantee vs financial bank guarantee in a Delhi commercial contract decides when the employer can encash. A performance BG is tied to…
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MSME Supplier Threatens Interest at 3 Times the Bank Rate
MSME supplier threatens interest at three times the bank rate only if it is a registered MSME and the payment crossed 45 days. The rate and the start date…
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Why companies should reply to legal notices for old invoices
Company receives a legal notice for an old invoice and silence can be used later as an admission. A short, factual reply that raises limitation or…
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Director Personally Liable for a Company Cheque in Delhi
Director personally liable for a company cheque in Delhi only if he was in charge of and responsible for the company’s business when the cheque was issued. A…
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