Search Results for: legal remedies

Arbitral Tribunals Made Simple: A Layman’s Guide to their Power and Functions

When disputes arise between parties in a business or legal context, there are various ways to resolve them. One effective method is arbitration, where an impartial and independent body, known as an arbitral tribunal, is appointed to settle the dispute outside of traditional court proceedings.

Maintainability of Writ Petition for Private Banks or not?

Recent years have seen a lot of discussion over the viability of a writ suit against a private bank under Article 226 of the Indian Constitution. Although the Supreme Court has made several rulings on this matter, the law is still not entirely clear. There is no simple solution to the complex problem.

The Real Estate (Regulation And Development) Act, 2016- A Boon for the Flat Buyers

The parliament in order to regulate this one of the fastest-growing sectors passed “The Real Estate (Regulation and Development) Act, 20164 which came into effect on 1st May 2016.

What are Trademarks in India?

In India, a trademark is defined under the Trade Marks Act, of 1999. It is a recognizable mark or symbol that distinguishes the goods or services of one entity from those of others.

Cheque bounce cases against non-residents of India (NRIs) and exemption from personal experience.

The offence of cheque bounce is punishable u/s 138 with a fine which can extend to twice the cheque amount or imprisonment for a term not exceeding 2 years.

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.

FUTURE OF MEDIATION IN INSOLVENCY PROCEEDINGS

Being the least expensive and less time-consuming, Mediation is popular ADR in India. The mediator plays the role of a neutral party who helps the parties to have direct communication and assists in exploring the options and a mutually accepted agreement.

Trademark Registration and Protection against its Infringement

The trademark is Intellectual property and every property must be registered in the name of its owner, and here the brand name is Intellectual property of the owner which comes from the intellect of the owner.

Assignment and valuation of not readily realisable assets

Insolvency and Bankruptcy Board of India (IBBI) mentioned the assignment of not readily realisable assets (NRRA) in the discussion paper on Corporate Liquidation Process dated 26 August 2020.

Rights of the borrower in case of harassments by the banks

If the debt recovery is based on erroneous information that led to the loss of your score, then you can file a defamation suit against the bank and recovery agency.

Allottees/Buyers must form group or association to counter the violations committed by the builders

All allottees approaching before these forums secure reliefs for them but the execution force is a bit low therefore they feel remediless even after winning a long legal battle. A better option which has come forward is where allottees come forward to form a group and then approach these forums.

SARFAESI Act: A Brief Introduction

SARFAESI Act allows banks and financial institutions to recover their dues exceeding One Lakh Rupees by proceeding against secured assets of the borrower/guarantor without the intervention of the court/tribunals.