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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Resigned Director Still Named in Delhi Cheque Case
Resigned director still named in a cheque bounce case in Delhi can seek discharge if he was not in charge when the cheque was issued. Resignation after the…
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Invoice Assigned to Another Company – Who Files the Delhi Commercial Suit?
Invoice assigned to another company does not let both the old and the new creditor sue for the same sum. The assignment deed and notice to the debtor decide…
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Flat Handed Over but Club and Amenities Still Closed in Delhi NCR
Flat handed over but club and amenities still closed in Delhi NCR is a RERA defect if those were promised. Keys to the flat do not close the common-area claim.
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