Legal Tweak

Bankers Cheque (Pay order) and Demand Draft- A comparison

2020-12-14T21:54:00.013-08:00

C urrency is something of a value generally used as a medium of exchange for goods and service. Cash, for example, is currency in the form of bills issued by a government of Respective country and generally accepted at its face value as a method of payment. For ease of commercial transactions the currency is supplemented with other forms of instruments like cheques and

Consumer Rights (The Consumer Protection Act 2019 - A Perspective)

2020-12-11T08:12:00.004-08:00

The challenge is to put a lot of effort in consumer education. If people know what their rights are, they will be protected. If they don’t, they will be exploited. The below is an attempt to present the rights of a consumer in the perspective of Indian Consumer Protection Act 2019 in concise manner. Disclaimer: The Information provided on this blog does not, and is not intended to,

Stages of Cheque Bounce case - U/s 138 Negotiable Instruments Act

2018-07-18T23:14:00.000-07:00

(Brief Flow Chart & Notes) Notes: Drawer or Issuer is a person who gives a cheque. Drawee or Payee or Holder-in-due-course This refers to the person who is supposed to receive the payment when the cheque is cleared Many a times cheques

Waiver V/s. Non-Waiver (A Legal Perspective)

2018-03-02T19:33:00.001-08:00

A waiver is the voluntary relinquishment or surrender of some known right or privilege. By way of example, “waiver may occur when a business declines to charge a late payment fee even though the terms of the contract expressly provide for the imposition of late payment fee penalties.” A party may decide not to strictly enforce the provisions of the contract on a particular occasion or

Can Minimum wages as fixed by the State Government or provided under the Minimum Wages Act, 1948 bifurcated under various heads.

2017-03-08T02:50:00.001-08:00

(A perspective with reference to Airfreight case) In Kamani Metals & Alloys Ltd. v. Their Workmen, [1967] 2 SCR463 the Court observed:-"Broadly speaking the first principle is that there is a minimum wage which, in any event, must be paid, irrespective of the extent of profits, the financial condition of the establishment or the availability of workmen on lower wages. This minimum wage is

Dishonour of Cheque, Procedure FLOW CHART#

2012-06-05T10:14:00.001-07:00

* “138 NI Act - Within thirty days” - Means information received from the bank where cheque is presented for collection and not from information sent by drawer's bank to payee's bank. (Ajay Gupta Vs State of Maharashtra & Anr.) 2004(3) (Bombay) **. What are the requirements of service of a notice is no longer res-integra in view of the Apex Court in C.C. Alavi Haji Vs. Palapetty

Non Disclosure Agreement Essentials

2012-05-24T05:23:00.000-07:00

“As a general rule, the most successful man in life is the man who has the best information.” If the Party wish to share confidential information with one another for certain purposes, but wish to restrict access to or by third parties in view to protect sensitive technical or commercial information from disclosure to others, NDA is the Tool to protect restrict the use of confidential

Part time Employment and Labour Law

2011-09-21T23:32:00.000-07:00

Part time Employees means, an employee who does not or is not required to work for the full period for which an employee is ordinarily required to work and who is paid on the basis that he is or may be engaged in doing work elsewhere. The Supreme Court in New India Assurance Co. Ltd. versus A. Sankaralingam, (2008) 10 SCC 698 clarified that not only full time workers but even those working part

Section 138 Negotiable Instrument Act: A READY REFERENCE**

2010-06-09T00:06:00.000-07:00

Section 138 of the Negotiable Instruments Act, 1881 (henceforth referred as the Act) provides for conception of criminal proceedings against a person, whose cheque has been dishonoured, deeming it to be an act alike cheating. There is a plethora of judgements on the subject delivered by Supreme Court and various High Courts and is a growing apace and is a source of considerable perplexity, and

Section 138 Negotiable Instrument Act

2010-06-08T23:00:00.001-07:00

Section 138 Negotiable Instrument Act A READY REFERENCE Section 138 of the Negotiable Instruments Act, 1881 (henceforth referred as the Act) provides for conception of criminal proceedings against a person, whose cheque has been dishonoured, deeming it to be an act alike cheating. There is a plethora of judgements on the subject delivered by Supreme Court and various High Courts and is a growing

Article on Section 138 of Negotiable Instrument Act: Security Cheque

2010-05-12T22:47:00.000-07:00

It’s Chequemate, or Should Be for financial institutions and money lenders. V ery often financial institutions, money lenders, business establishment demand blank post-dated cheques from the borrower as a security for repayment of loan. The question is, whether prosecution can be initiated against the drawers in case of dishonour of cheque given as a security under section 138

“Where there is a (digital) Will, there is a way”: Have you willed your digital assets?

2010-04-09T07:33:00.001-07:00

We live in an era of digital technology, wherein computer resource are proliferating throughout modern society and permitting information to be created, stored, processed and communicated in ways that are unprecedented. Many of us run website's, blog's and social sites and hold mail accounts and online memberships of many paid services, which is being used as a comprehensive digital archive