Companies navigate complex debt recovery legal options in India
Indian companies grappling with delayed payments have several debt recovery legal options. This guide details practical steps, including legal notices, civil…
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India’s Limitation Act 1963: Why timely action is critical for commercial claims
Understanding India’s Limitation Act, 1963, is crucial for commercial claims. Learn why strict time limits can bar your case, extinguishing legal remedies if…
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Tripura High Court clarifies demand notice under Section 138 NI Act need not be sent through advocate
The Tripura High Court ruled on April 25, 2019, that a demand notice under Section 138 of the Negotiable Instruments Act does not require an advocate, simpli…
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Calcutta High Court: Court to decide on skipping commercial mediation
The Calcutta High Court recently ruled that courts, not parties, determine if a commercial suit is urgent enough to bypass pre-institution mediation, strengt…
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Allahabad High Court clarifies suit transfer not sole remedy for pecuniary jurisdiction defects
The Allahabad High Court recently ruled that returning a plaint isn’t the only remedy for suits lacking pecuniary jurisdiction; they can be transferred under…
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Supreme Court clarifies Order VII Rule 11 CPC: prayer appropriateness not grounds for rejection
The Supreme Court recently clarified the scope of Order VII Rule 11 CPC, ruling that the appropriateness of a prayer is not grounds for plaint rejection. Thi…
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Supreme Court Places Execution Petition Onus on Decree-Holder
India’s Supreme Court ruled that the execution petition onus lies with the decree-holder to prove willful violation by the judgment debtor, clarifying enforc…
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Kerala High Court clarifies path to rebut presumption of debt in cheque dishonour cases
The Kerala High Court has clarified that an accused in a cheque dishonour case can rebut the presumption of debt under Section 139 of the Negotiable Instrume…
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India’s Section 138 NI Act: Navigating Cheque Dishonour Laws and Key Rulings
Section 138 of India’s Negotiable Instruments Act, 1881 criminalizes cheque dishonour. Understand the strict process, key definitions, and court rulings gove…
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