06 January

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Determining Jurisdiction of a Court while making Purchase from E-Commerce Platforms | E-Commerce Lawyer in Delhi NCR | Corporate Lawyer in Delhi NCR |

in Consumer Laws, Legal Advice, Legal Advisor, Recovery of Debts, Uncategorized

08 December

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How to Determine the Jurisdiction of a Court in a Civil Case | Lawyers Advice in Delhi NCR | Civil Law Attorney in Delhi NCR | Civil Lawyer in Delhi NCR |

Posted by 360 Digital

in High Court, Legal Advice, Legal Advisor, Recovery of Debts, Uncategorized

08 December

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Filing a Strong Counter Claim in a Civil Case | Lawyers Advice in Delhi NCR | Civil Law Attorney in Delhi NCR | Civil Lawyer in Delhi NCR |

Posted by 360 Digital

in High Court, Legal Advice, Legal Advisor, Recovery of Debts, Uncategorized

08 December

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Filing a Strong Written Submission in a Civil Case | Lawyers Advice in Delhi NCR | Civil Law Attorney in Delhi NCR | Civil Lawyer in Delhi NCR |

Posted by 360 Digital

in High Court, Legal Advice, Legal Advisor, Recovery of Debts, Uncategorized

31 August

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Legal Remedies Available for Recovering Money: Lawyers Advice

Posted by 360 Digital

in Business Laws, Corporate Lawyer, Insolvency & Bankruptcy IBC, Recovery of Debts, Uncategorized

Trade & Commerce takes place in India on a daily Outstanding basis, at various levels and different avenues. However, it is important to keep in mind that in a lot of cases, there may be a default in this seemingly simple transaction and the creditor may be unable to recover his/her money. It is therefore essential to know the various legal remedies available for the recovery of money in India. The Indian legal system provides for remedies that are civil, criminal or out of court. Code of Civil Procedure, 1908:If one wants to pursue legal action of civil nature, the Code...

31 August

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Legal Remedies available from Personal Guarantors to Corporate Debtors under the Individual Insolvency Process: Lawyers Advice

Posted by 360 Digital

in Business Laws, Consumer Laws, Insolvency & Bankruptcy IBC, Recovery of Debts, Uncategorized

While the Insolvency and Bankruptcy Code, 2016 is just a couple of years old, the IBBI has commenced the individual insolvency process under the IBC as well. The Chairman of the IBBI, Ms Sahoo stated that this process has been categorised into three categories which are – Personal guarantors to corporate debtors, Proprietary and partnership firms, The rest of the individuals. By a notification dated 15 November, 2019 as of 1 December, 2019 the Central Government has brought into effect Part III of the IBC, 2016. This article aims to examine the effect of insolvency proceedings of personal guarantors to...

31 August

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Initiation of Insolvency Proceedings by Sole Proprietorships under the Insolvency & Bankruptcy Code (IBC) of 2016: Lawyers Advice

Posted by 360 Digital

in Business Laws, Corporate Lawyer, Insolvency & Bankruptcy IBC, Recovery of Debts, Uncategorized

The recent conflicting decisions of various benches of the NCLT in India have created ambiguity and confusion as to whether sole proprietorships are covered under Section 3 (23) of the IBC as “persons”, a derivative which determines if they can initiate insolvency proceedings. Hence, this article seeks to examine and elaborate on the same. Sole proprietorship is a form of a business organisation which is owned and managed by one person. These firms aren’t regulated under any one law, thereby making them one of the simplest in terms of registrations and compliances. The Insolvency and Bankruptcy Code, 2016 – •...

28 August

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Laws & Legal Procedure for a Sole Proprietorship Firm go ahead with Voluntary Filing of Application for Insolvency and Bankruptcy: Lawyers Advice

Posted by 360 Digital

in Business Laws, Corporate Lawyer, Legal Advisor, Recovery of Debts, Uncategorized

The Insolvency and Bankruptcy Code, 2016 has been revolutionary for consolidating and bringing forth a single law that governs insolvency and bankruptcy matters. It is segmented differently for the two categories, namely corporates, and individuals and firms. As regards filing of an application by a Sole Proprietorship for its insolvency and bankruptcy is concerned, it can do so by following the provisions laid down in Chapter III of Part III of the Code. It will come under ‘individuals’ since a sole proprietorship is not considered to have a separate legal entity. The same was emphasised in Miraj Marketing Corporation V....

28 August

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Laws & Legal Procedure for a One Person Company (OPC) to file for Insolvency and Bankruptcy: Lawyers Advice

Posted by 360 Digital

in Business Laws, Corporate Lawyer, Legal Advice, Recovery of Debts, Uncategorized

The concept of a One Person Company (OPC) is such whose inclusion in the Companies Act, 2013, revolutionized the Corporate field. Section 2(62) of the Act describes it as a company that has only one person as its member. One of its most advantageous aspects lies in terms of the liability, which is limited. The flexible nature of an OPC is why entrepreneurs in their early-stage prefer it over Sole Proprietorship. OPC has been described as a Private Company in section 3(1)(c) of the Companies Act, 2013. And matters relating to insolvency and bankruptcy of such companies are governed by...

Determining Jurisdiction of a Court while making Purchase from E-Commerce Platforms | E-Commerce Lawyer in Delhi NCR | Corporate Lawyer in Delhi NCR |

How to Determine the Jurisdiction of a Court in a Civil Case | Lawyers Advice in Delhi NCR | Civil Law Attorney in Delhi NCR | Civil Lawyer in Delhi NCR |

Filing a Strong Counter Claim in a Civil Case | Lawyers Advice in Delhi NCR | Civil Law Attorney in Delhi NCR | Civil Lawyer in Delhi NCR |

Filing a Strong Written Submission in a Civil Case | Lawyers Advice in Delhi NCR | Civil Law Attorney in Delhi NCR | Civil Lawyer in Delhi NCR |

Top Ten Legal Problems and Solutions with respect to Cheque Bounce Cases under the Negotiable Instruments Act of 1881: Lawyers Advice

Legal Remedies Available for Recovering Money: Lawyers Advice

Legal Remedies available from Personal Guarantors to Corporate Debtors under the Individual Insolvency Process: Lawyers Advice

Initiation of Insolvency Proceedings by Sole Proprietorships under the Insolvency & Bankruptcy Code (IBC) of 2016: Lawyers Advice

Laws & Legal Procedure for a Sole Proprietorship Firm go ahead with Voluntary Filing of Application for Insolvency and Bankruptcy: Lawyers Advice

Laws & Legal Procedure for a One Person Company (OPC) to file for Insolvency and Bankruptcy: Lawyers Advice

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