Indian companies weigh three dispute resolution
Navigating money recovery in India requires strategic choices between Civil Suits, Cheque Bounce proceedings, and Arbitration. This guide explores the legal…
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Gauhati High Court Rules Initial Authorisation Flaw In Section 138 Cheque Bounce Complaint Is Curable
The Gauhati High Court rules that an initial authorisation defect in a Section 138 cheque bounce complaint is a curable procedural error, not a fatal flaw.
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Kerala High Court clarifies demand notice under NI Act needs no transaction details
The Kerala High Court has ruled that a demand notice under Section 138 of the Negotiable Instruments Act doesn’t require disclosing the nature of the underly…
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Allahabad High Court clarifies cheque dishonour notice service, Justice Vivek Varma rules
The Allahabad High Court clarifies that omitting the service date of a demand notice is not fatal to cheque dishonour cases under Section 138 of the NI Act,…
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Jammu & Kashmir High Court rules solitary error won’t invalidate NI Act demand notices
The Jammu & Kashmir High Court recently ruled that a demand notice under the NI Act cannot be dismissed for a solitary typographical error, reinforcing a hol…
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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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Justices Aravind Kumar and SVN Bhatti clarify cheque dishonour burden of proof
India’s Supreme Court, in a ruling by Justices Aravind Kumar and SVN Bhatti, clarified the burden of proof in cheque dishonour cases under Section 139 NI Act…
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Supreme Court reaffirms burden of proof in cheque dishonour cases
The Supreme Court of India reiterates that merely denying a debt won’t rebut the cheque dishonour presumption under Section 139 of the NI Act. Learn how the…
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Jammu and Kashmir High Court clarifies Material Alteration By Cheque Drawer To Defeat Payment Attracts S. 138 NI Act; ‘Who Altered’ Is A Triable Issue
The Jammu and Kashmir High Court clarified cheque alteration liability under the NI Act. Justice Sanjay Dhar ruled that a drawer altering a cheque to avoid p…
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Supreme Court upholds trustee cheque dishonour liability for signatories, bypassing trusts
The Supreme Court of India has reaffirmed trustee cheque dishonour liability, ruling that complaints can proceed against individual signatories without namin…
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