LEGAL365

  An unpaid cheque can escalate a routine payment dispute into potential criminal liability within weeks. While an unpaid invoice can affect the cash flow of a business owner, a returned cheque followed by a bank return memo and a legal notice can cause the cheque issuer to anxiously anticipate court action, financial liability and reputational damage. This is why cheque bounce Lawyers are often retained by both parties. On one side, there is a desire to recover funds legally due. On the other side, there may be a need to understand if the cheque was given for a legally enforceable debt, if the amount demanded is accurate, if statutory deadlines were met, and if a commercial resolution is still feasible. Section 138 of the Negotiable Instruments Act, 18 81 makes dishonour of cheque issued for a legally enforceable debt or liability a criminal offence if certain statutory conditions are met. A statutory notice in writing must be issued typically within 30 days of learning of the di...

  A delayed vendor payment, a cancelled order or a sudden drop in sales can derail an otherwise smooth-running business. EMIs start stacking up. The lender rings up every day. Recovery agents visit the office. The borrower scrambles to transfer funds between accounts just to keep the lights on. Stress mounts.  Many business owners believe that offering a lump-sum payment at a discounted amount instantly settles the loan. But that isn’t necessarily the case. A business loan settlement is contingent upon the lender’s written agreement and is based on his internal policies, security position, the borrower’s ability to repay, and any recovery proceedings pending against the borrower. Banks and NBFCs are under no statutory obligation to consider every compromise offer. A settlement is also not the same as restructuring. A restructuring can lengthen the loan tenure, recast instalments or modify into any other permissible mode of repayment while allowing the account to remain active...

  Rarely does a matrimonial dispute start with a lawsuit. It might begin with daily arguments, a spouse walking out of your shared home, being denied access to your child, monetary blackmail, complaints between relatives, a legal notice or a casual chat about divorce that suddenly turns real. A matrimonial lawyer in India guides you through your situation and helps you understand when a family conflict crosses the line into a legal dispute. Based on the facts, the issues may include divorce, judicial separation, maintenance, custody of children, visitation, domestic violence proceedings, recovery of stridhan, claims of matrimonial cruelty, negotiating a settlement or related criminal matters. BK Singh guides people and families in India across Delhi NCR and elsewhere through their matrimonial disputes on LEGAL365. The objective of a preliminary consultation is not necessarily to file a lawsuit. Rather it is to understand your legal rights before the dispute dictates your actions....

  You receive an unpaid payment, despite multiple requests. Your supplier unexpectedly refuses to continue performing a contract. Business partners dispute accounts. Or your construction project grinds to a halt after huge expenditure. Then you realise there is an arbitration clause hidden in the fine print of the agreement. Arbitration Lawyers   analyse whether there is a valid arbitration agreement governing the dispute; if so they determine the seat and proper procedure; draft the claim or defence; and represent parties before tribunals and the relevant courts. Their work also encompasses urgent relief, appointment of arbitrators, settlement negotiations and enforcement or setting aside of awards. Clients often believe that arbitration is just like a court case, except conducted in private. It is not. The parties’ agreement determines the arbitral forum, method of appointment and rules that will govern the proceedings, including how the costs are allocated. Arbitration also...