Cheque Issued by a Company That Has Been Struck Off – Effect on a Delhi 138 Case
Cheque issued by a company that has been struck off can still support Section 138 if the cheque was issued while the company existed. Directors in charge at…
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Liquidated Damages Clause in a Delhi Commercial Contract – When the Full Amount Is Not Awarded
Liquidated damages clause in a commercial contract is enforced only if the sum is a genuine pre-estimate of loss. A penalty figure can be reduced by the court.
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Can a RERA Complaint Still Be Filed After You Have Taken Possession in Delhi NCR?
RERA complaint after taking possession in Delhi NCR is still possible for defects, incomplete amenities or unpaid delay interest. Taking keys does not waive…
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DNA Test Asked in a Matrimonial Case – When the Court Allows It
DNA test asked in a matrimonial case is not ordered on a bare allegation. The court looks for a strong prima facie case and the child’s interest before…
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Bank Guarantee Invoked Without Notice in a Delhi Commercial Contract
Bank guarantee invoked without notice in a Delhi commercial contract can be challenged if the contract required a prior demand or if the invocation was…
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Shared Household and the Right to Stay During a Delhi Divorce
Shared household and the right to stay during a Delhi divorce can be protected under the DV Act even if the property is in the husband’s or in-laws’ name.…
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Cheque Bounce Case Compounded but Money Not Paid – What Can You Do in Delhi?
Cheque bounce case compounded but money not paid does not revive the criminal complaint. The settlement can be executed as a civil decree if the court…
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interest on a Commercial Claim in Delhi When the Contract Is Silent
Interest on a commercial claim in Delhi when the contract is silent can still be awarded. Courts look at the MSME Act, the Interest Act or a reasonable…
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Wifes Higher Income and Interim Maintenance in a Delhi Divorce Case
Wifes higher income and interim maintenance in a Delhi divorce case does not automatically end the claim. Courts still look at the standard of living during…
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Cheque Given as Security Later Filled for a Higher Amount – Is the 138 Case Still Valid in Delhi?
Cheque given as security later filled for a higher amount can still support Section 138 if a debt equal to the filled figure existed on the date of…
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