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Error in Demand Notice under Section 138 of the Negotiable Instruments Act, 1881 makes the Complaint invalid
The Hon’ble Supreme Court of India, in Kaveri Plastics v. Mahdoom Bawa Bahrudeen Noorul [2025 INSC 1133], adjudicated upon the validity of a statutory notice under Section 138(b) of the Negotiable Instruments Act, 1881 (“NI Act”), where the amount demanded in the notice differed from the cheque amount due to…
Investment Advisors – Do they owe the burden of loss to the Investors for the Wrong Advisory/Investment Frauds?
Investment Advisors – Do they owe the burden of loss to the Investors for the Wrong Advisory/Investment Frauds? Today driven by the promise of higher returns than the saving accounts or fixed deposits, most of the small and retail investors are moving their investments under the guidance of Investment Advisers….
Conundrum on Cheating in India: – Civil Wrong or Criminal Offence
“Cheating” generally refers to the act of dishonestly or unfairly gaining an advantage, typically in contexts of gaming, monetary transactions, relationship or professional setting. Cheating has been defined in Section 318 & 319 of Bharatiya Nyaya Sanhita, 2023 ( erstwhile Section 415-420 of Indian Penal Code, 1860) where there is inducement…
Liability of Personal Guarantors Under the Insolvency and Bankruptcy Code, 2016
Liability of Personal Guarantors Under the Insolvency and Bankruptcy Code, 2016. A practical guide to Sections 95 & 96 of IBC, 2016 for promoters, directors, HNIs and creditors Introduction Almost every substantial business loan in India carries a hidden second signature. Behind the company’s stamp sits a promoter or director…
Are Employment Disputes Arbitrable?
Arbitration is a private dispute resolution mechanism where two or more parties agree to resolve their current or future disputes before an Arbitral Tribunal in an alternative to adjudication by courts and other public fora established by law. The mutual consensus of parties to resort to arbitration for resolving disputes…
Digital Personal Data Protection Act, 2023 – Implications for FinTech Businesses
Digital Personal Data Protection Act, 2023 – Implications for FinTech Businesses Digital Personal Data Protection Act, 2023 – Implications for FinTech Businesses The Digital Personal Data Protection Act, 2023 (DPDP Act), along with the DPDP Rules, 2025, introduces a comprehensive data governance framework that significantly impacts FinTech businesses in India,…