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Showing posts from March, 2023

Dishonour of Cheque [S. 138 NI Act and allied sections]

 Dishonour of Cheque [S. 138 NI Act and allied sections] Introduction Over the years there have been many important changes in the way cheques are issued/bounced/dealt with. Commercial globalisation has resulted in giving a big boost to our country. With the rapid increase in commerce and trade, use of cheque also increased and so did the cheque bouncing disputes.[1] The object of Sections 138-142 of the Negotiable Instruments Act, 1881  is to promote the efficacy of banking operations and to ensure credibility in transacting business through cheques.[2]  Section 138 casts a criminal liability punishable with imprisonment or fine or with both on a person who issues a cheque towards discharge of a debt or liability as a whole or in part and the cheque is dishonoured by the bank on presentation.[3] Section 138 was enacted to punish unscrupulous drawers of cheques who, though purport to discharge their liability by issuing cheque, have no intention of really doing so. Apart from civil lia

Indian Divorce Act | Karnataka High Court Declares Marriage As Void Saying Woman Misrepresented And Concealed Her Real Age From Husband

 Indian Divorce Act | Karnataka High Court Declares Marriage As Void Saying Woman Misrepresented And Concealed Her Real Age From Husband Case Title: Stanis Laus Prathap Vs Mrs A Subhashini  Case No: MISCELLANEOUS FIRST APPEAL NO.5183 OF 2016 Date of Order: 01-03-2023 Bench: Justice Alok Aradhe and Justice Vijaykumar Patil The Karnataka High Court has declared a Christian couple's marriage as null and void holding that the woman had misrepresented and concealed her real age at the time of marriage. A division bench of Justice Alok Aradhe and Justice Vijaykumar Patil allowed the petition filed by the husband questioning the order of the family court rejecting his petition filed under Section 18 of the Indian Divorce Act. The family court had held that petitioner (husband) failed to prove the grounds to declare his marriage with the respondent as null and void. It was averred that appellant and respondent are Indian Christians and their marriage was solemnised in 2014 at Bhadravathi.

How to Legally Evict a Tenant

 How to Legally Evict a Tenant:  A Step by Step Guide In this article, we take a look at the rights of a landlord when it comes to evicting a tenant. Introduction Tenants can sometimes get troublesome in many ways. They may be loud. They may be maintaining the property shabbily or, even worse, causing damage. But in between the landlord and the Tenant is the contractually binding rent agreement. And unless there is a detailed clause in the agreement regarding eviction, which is almost always not the case, then the evict a Tenant can refuse to evacuate the property against the landlord’s wishes until the rent agreement expires. There are two kinds of rental agreements: residential contracts and commercial agreements. Let us look at how the eviction process can be handled cleanly and legally in each case. Eviction in Case of the Commercially Leased Property If the premises have been rented for commercial purposes, then the landlord can evict the Tenant only under the following conditions