06 January

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Determining Jurisdiction of a Court while making Purchase from E-Commerce Platforms

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

An e-commerce entity has its Corporate Office in Gurugram, Haryana but according to the terms and conditions, all disputes arising shall be subject to the jurisdiction of the court, tribunal and forum in Bengaluru. In such cases, if the aggrieved person residing in Delhi has to file a complaint against the spurious product and ill refund policy of the e-commerce entity at his residence itself, the same becomes challenging. It is therefore important to understand, as to what needs to done if the person desires to file the complaint in Delhi itself. Now, under section 11(2) of the Consumer Protection...

08 December

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How to Determine the Jurisdiction of a Court in a Civil Case: Lawyers Advice

Posted by MyLawyer

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

Jurisdiction of a court is its power/authority to hear the case and pass a decree. A court accepts all suits of civil nature unless expressly or impliedly it is barred as mentioned in section 9 of the Code of Civil Procedure, 1908. Whenever a suit is instituted in a court, the opposite party can challenge the jurisdiction showing that passing a decree in this court will cause a miscarriage of justice. Factors determining the Jurisdiction of a Court in a Civil Case or Civil Law SuitThe jurisdiction of the court can be challenged in four circumstances: 1) Court...

08 December

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Filing a Strong Counter Claim in a Civil Case: Lawyers Advice

Posted by MyLawyer

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

A civil trial is a lengthy procedure. To avoid multiplicity of proceedings and save the valuable time of the Honourable Court, counter-claim and set-off were adding to the Civil Procedure Code, 1908 by the Amendment Act of 1976. While set-off is considered as a defence mechanism where it is used as a shield, a counter-claim on the other hand is used as a weapon to sue the plaintiff. A counter-claim filed by the defendant is considered as a plaint and the plaintiff in the original suit is entitled to file a reply to the counter-claim in the form of a...

08 December

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Filing a Strong Written Submission in a Civil Case: Lawyers Advice

Posted by MyLawyer

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

Before approaching the Court, the plaintiff shall send a notice to the defendant asking the defendant to provide the relief he legally owes to the plaintiff. If the defendant does not respond or fulfil the legal obligation provided in the notice, the plaintiff shall proceed to the next step which is filing the plaint. The plaintiff mentions the cause of action and submits it before the Honourable Court which accepts the plaint if it deems fit and then serves summons to the defendant. The defendant shall respond to the plaint with a written statement within thirty days from the date...

31 August

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Legal Remedies Available for Recovering Money: Lawyers Advice

Posted by MyLawyer

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 MyLawyer

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 MyLawyer

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 MyLawyer

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 MyLawyer

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...