Advocates Club

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Arbitration Law / Corporate Law

The Invalidity of Unilateral Appointment of Arbitrators: Safeguarding Impartiality in Business Dispute Resolution

Arbitration is a widely recognized formal method of dispute resolution involving a neutral third party known as “Arbitrator” who makes a binding decision in the matter. Arbitration offers a time effective alternative to the Court proceedings which are often time consuming. As Legal proceedings in Courts are time consuming therefore, arbitration has become a preferred choice for resolving disputes in...

Cheque Bounce

When can a Director be Held Liable for Cheque Bounce Offences under Section 138 of Negotiable Instrument Act?

A Company must have numerous Directors however, it is not necessary that all Directors must be engaged in the day to day affairs of the Company and therefore, the Directors who have not signed a cheque on behalf of the Company cannot be prosecuted U/s 138 of Negotiable Instruments Act. The Apex Court in numerous judgments, held that a Director...

Property Law

Understanding the Importance and Procedure of a Succession Certificate in Inheritance

A succession certificate is a Legal document authorising a person as  rightful/lawful successor of the deceased who has died intestate i.e. without making a WILL. The primary objective of Succession Certificate is to grant the successor the authority to inherit debts, securities and other movable assets of the deceased. However, if a deceased person has left a valid WILL, the...

Cheque Bounce

No Offence is Made Out Against Dishonor of Cheque Presented Without Endorsing Part Payments Made Before Presentation of the Cheque

Can a cheque be presented for encashment if the holder of cheque has received part payment from the drawer before presentation of the cheque? The answer to the above question is that a cheque can be presented for encashment by the holder of the cheque even if the part payment has been received by the holder after the issuance of...

Matrimonial Law

Understanding Cruelty as Grounds for Divorce: Legal Insights and Case Examples

What is included in cruelty under Divorce Laws Repetitive abuse or inhumane treatment constitutes cruelty or domestic violence. It can cause emotional harm through repeated intimidation, violent language, verbal abuse, or threats of harm. Cruelty refers to violent acts. However, a mere quarrel, petty outrageous behaviour or differences between the spouses do not come in the ambit of cruelty because...

Matrimonial Law

Divorce Settlement and its Enforceability

DIVORCE can be a deeply challenging and emotionally charged process. Understanding how to negotiate a fair divorce settlement, both inside and outside the court, is crucial for ensuring a just outcome for all involved. This article explores the mechanisms and considerations of divorce settlements, bolstered by recent judicial rulings and practical advice. The grounds for divorce under Section 13 of...

Service & Labour Law

FAQ on Non-Compete Clauses During Employment

In today’s fiercely competitive global market, businesses often employ various legal tools to safeguard their proprietary information and market position. Among these tools, the non-compete clause stands out as a critical mechanism embedded within employment contracts. This clause regulates the post-employment activities of employees, aiming to shield employers from potential harm that could arise from former employees joining competitors or...

Service & Labour Law

FAQ on Notice Period During Employment

A notice period is the duration of time an employee is required to continue working for their employer after they have formally resigned from their position, but before their employment officially ends. This period allows for a smooth transition, enabling the employer to find a replacement or make other necessary adjustments. Employee’s right to resign: In the case of Sanjay...

Matrimonial Law

FAQ on Live In Relationship

What is meant by live-in-relationship? Live in relationship is when a couple, usually a man and a woman cohabit/ live together in a long term relationship as a husband and wife without being legally married. Are there any legal provisions granting rights to women in live-in-relationship? There is no specific legal provision regarding live in relationships however, Protection of Women...