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AMLEGAL

New Cheque Bounce Provisions - 143A and 148.
New Cheque Bounce Provisions- 143A & 148 The Negotiable Instruments (Amendment) Bill was put forth before the Lok Sabha by the Finance Minister on January 2, 2018. AIM- It aims to meet the following: 1.         reducing the undue delay in the cheque dishonor cases…

DIPTI  SRIVASTAVA
DIPTI SRIVASTAVA 20 Feb 2018

Important Labour Laws
Important Labour Laws1. The Factories Act, 1948This act protects workers of a factory, and its provisions include health, safety, proper working hours, etc. It specifies not only the working hours, but also provides for overtime pay to workers who work…

NISHANT
NISHANT MEHROTRA 20 Feb 2018

Mandate of Section 42 of Arbitration and Conciliation Act 1996 explained
Calcutta High Court :: Appeal against the order of the Arbitration Court refusing to entertain a challenge to an arbitral award refused to entertain such challenge in the light of mandate of Section 42 of the A&C Act, 1996. Held…

NISHANT
NISHANT MEHROTRA 17 Feb 2018

necessary to seek handwriting expert report in section 138 Negotiable Instructions Act cases
Orissa High Court :: Petition under Section 482 of CrPC - Criminal case u/s 138 Negotiable Instructions Act for sorting of cheque - Specific case of accused that he gave blank cheques in question to the complainant to keep them…

NISHANT
NISHANT MEHROTRA 17 Feb 2018

Section 21A of the Banking Regulation Act, 1949, will not operate in those States where there is a State Debt Relief Act that deals with the subject matter of relief of 'agricultural indebtedness'.
SC :: in JAYANT VERMA & ORS. Vs. UNION OF INDIA & ORS. :: Section 21A of the Banking Regulation Act, 1949, which prohibits Courts from reopening a debt between a banking company and its debtor on the ground that…

Harsh
Harsh Jain 16 Feb 2018

Notice issued by the supreme court on a writ challenging rule for allotment of chambers to heir of lawyer on event of his death.
A notice on the writ petition filed by Advocate on Record (AOR) Vishnu Shankar Jain challenging the constitutionality of Rule 7B of the Supreme Court Lawyers Chambers. (Allotment and Occupancy) Rules, was issued by the Supreme court bench of Justices…

NISHANT
NISHANT MEHROTRA 16 Feb 2018

mere allegation that no-claim certificate has been obtained under financial duress and coercion, without there being anything more to suggest the same, does not lead to an arbitrable dispute.
SC :: in M/s ONGC Mangalore Petrochemicals Ltd. Vs.M/s ANS Constructions Ltd. & Anr. :: A party cannot be permitted to raise arbitration dispute after accepting full and final payment of the contractual amount.  The Court observed that mere allegation that…

NISHANT
NISHANT MEHROTRA 14 Feb 2018

Trial court should rely on print out of order uploaded on official website of high court.
Bombay High Court :: Trial court should rely on print out of order uploaded on official website of high court.Print out of orders of high court from the official website has sanctity and the trial Courts are expected to consider…

NISHANT
NISHANT MEHROTRA 11 Feb 2018

Where a law firm has issued notice of demand and it has no authorization for the same, such notice of demand cannot be considered to be a demand notice under sub-section (1) of section 8 and petition under section 9 is not maintainable.
NCLAT :: In Kumar Jyoti Ranjan & Ms Priyanka Kumari vs. Innovation House Industries (P.) Ltd. :: Insolvency and Bankruptcy Code, 2016 – Section 9 read with section 8 – Corporate Insolvency Resolution Process – Initiation by operational creditor –…

Fatih Cemal
Fatih Cemal Karaaytu 10 Feb 2018

Removing Partners in Limited Liability Companies in Turkish Law
There are 3 different ways to end of partnership tittle of partners in Limited Liability Companies: share transfer, expulsion and removal. Before the new Turkish Commercial Code, expulsion could be by General Counsel of Partnership decision or court order. To be…
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