Commercial Law Act, 2016, came into force on 23.10.2015. Wherein the Act had limited the specific value of the suit to not less than Rupees One crore and the commercial courts were established at all the District levels.
Category: Legal Advisory
Legal Remedies For Cheque Bounce
Cheque bounce is a criminal offence stipulated under Section 138 of the Negotiable Instruments Act, 1881. The aggrieved party can file a criminal as well as a civil case against the accused who must have had a legal obligation to repay the amount.
NCLT can issue non-bailable warrants against persons under IBC: NCLAT
The directors of the suspended corporate debtor filed an appeal against the National Company Law Tribunal’s (“NCLT”) ruling that rejected their request to have a non-bailable warrant issued against them.
Important compliances for private limited company
It is often said that one major disadvantage of a company structure is that there are more compliances. The cost of non-compliance is always more than the cost of compliance.
Non-Bailable Warrant under section 138 in Negotiable Instrument Act, 1881
The legal authority to issue a non-bailable warrant if it is required to assure or force the appearance of the accused in a cheque bounce case under Section 138 of the Negotiable Instruments Act, 1881.
CRUELTY IN MARRIAGE
Marital cruelty can be physical, mental, emotional, or sexual. Mental cruelty involves causing agony and suffering to a partner in some way that makes it difficult for either person to live with. Physical cruelty includes beatings, slaps, and other forms of physical violence. Sexual cruelty, on the other hand, include forcing a partner to indulge in sexual intercourse or unnatural sex.
Judicial propriety on same-sex marriages
The present petition for legalizing same-sex marriage is outside the sphere of personal laws, given that it is being sought under the Special Marriage Act.
An Interplay between the Negotiable Instruments Act, 1881 & IBC 2016
the criminal case brought under Section 138 read with Section 141 of the NI Act against the natural persons would not be over by application of the IBC’s provisions.
Section 8 of RERA: Obligation of Authority consequent upon the lapse of or on the revocation of registration.
Section 8 of the RERA is an essential clause that guarantees the protection of homebuyers’ interests in the event that the registration of a real estate project is canceled or expires.
Threshold limit of the Corporate Insolvency Resolution Process as per NCLT
There is no specific threshold limit for the NCLT Delhi under the IBC 2016. The IBC provides that a financial creditor, operational creditor, or the corporate debtor itself can initiate the insolvency resolution process with the NCLT.
Incorporation of One-Sided Clauses in an Agreement Constitutes Unfair Trade Practices: NCDRC
Incorporation of one-sided clauses in the agreement where the buyer is expected to sign on the dotted lines having no other option would amount to unfair trade practices under the Consumer Protection Act, 1986.
Bringing fair competition to the forefront: Drawing from the Google- CCI Judgement
The grievance against NCLAT pertained to the pre-installation of certain apps promoted by Google within the Operating System which could not be removed by the user.
The Conundrum of Reverse Corporate Insolvency Resolution Process
Reverse CIRP is still in an experimentation process and we should wait for more cases in which Reverse CIRP is applied and then observe its effect.
Stemming the outflow of foreign firms from India
To make India a beacon for foreign investment, it is important to delineate and implement a legal framework concerned with labour laws and dispute resolution following discussions with all stakeholders concerned.
How to take maximum benefit from RERA as a Homebuyer and as a builder?
RERA was established to do away with project delays, malpractice, and irregularities in norms and increase transparency and accountability from builders and homebuyers both.