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LEXSTREET ADVISORS LLP

AMENDMENTS in Commercial <b>Court</b>s, Commercial Division and Commercial Appellate Division of High <b>Court</b>s Act, 2015,
The Government, on May 3, 2018, promulgated an Ordinance (Ordinance) amending the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (Act). These amendments are an attempt to expand the scope of commercial Courts in India.…

Charanjeet
Charanjeet Kaur 3 Apr 2018

Project Management is Key to Survival for Lawyers
The ever-growing use of technology is changing how the legal industry operates. Right from businesses to individuals seeking legal advice and/or representation are demanding greater value for their work – in a more transparent and efficient manner. Essentially, most of…

Kanika
Kanika bhardwaj 31 Mar 2018

11 FACTORS CONSIDERED BY JUDGES WHILE GRANTING MAINTENANCE TO WIFE.
11 FACTORS CONSIDERED BY JUDGES WHILE GRANTING MAINTENANCE TO WIFE. 1.     Status of the parties. 2.     Reasonable wants of the Wife.3.     The independent income and property of the Wife.4.    The number of persons, the Husband has to maintain. 5.   The amount…

Bhumesh
Bhumesh Verma 14 Mar 2018

ROLE OF LEGAL DEPARTMENT IN CORPORATE GOVERNANCE
In today’s corporate world, the concept of Corporate Governance has attained substantial prominence for systematic and well-organized management of day to day corporate affairs and complying with legal and regulatory necessities. It is universally known that nowadays, Corporate Governance is…

Bhumesh
Bhumesh Verma 13 Mar 2018

SEBI eases norms for Scheme of Arrangement
In the corporate world, restructuring or re-organization of the corporates is a substantial and corporate practice in existence for the corporate entities business development and expansion - to effectively handle with various internal and external threats posed and to survive…

NISHANT
NISHANT MEHROTRA 22 Feb 2018

cheque was not for valuable consideration debt has to be in existence as a crystallized demand and a demand contengent upon happening of an event
Gujrat High Court :: Negotiable instruments act 1881   sec. 138  complainant / payee filling up signed blank cheque after 17 year - liability of drawer yet to be determined /civil suits by complainant pending - complainant filling up cheque on…

NISHANT
NISHANT MEHROTRA 17 Feb 2018

necessary to seek handwriting expert report in section 138 Negotiable Instructions Act cases
Orissa High Court :: Petition under Section 482 of CrPC - Criminal case u/s 138 Negotiable Instructions Act for sorting of cheque - Specific case of accused that he gave blank cheques in question to the complainant to keep them…

NISHANT
NISHANT MEHROTRA 16 Feb 2018

mere allegation that no-claim certificate has been obtained under financial duress and coercion, without there being anything more to suggest the same, does not lead to an arbitrable dispute.
SC :: in M/s ONGC Mangalore Petrochemicals Ltd. Vs.M/s ANS Constructions Ltd. & Anr. :: A party cannot be permitted to raise arbitration dispute after accepting full and final payment of the contractual amount.  The Court observed that mere allegation that…

NISHANT
NISHANT MEHROTRA 8 Feb 2018

Securitisation Application under Section 17(1) of the SARFAESI Act is maintainable only when actual/physical possession is taken by the secured creditor or the borrower loses actual/physical possession of the secured assets.
Allahabad High Court :: Full Bench :: in M/s N.C.M.L. Industries Ltd. through Director and another Vs. Debts Recovery Tribunal, Lucknow and others :: Securitisation Application under Section 17(1) of the SARFAESI Act is maintainable only when actual/physical possession is…

NISHANT
NISHANT MEHROTRA 6 Feb 2018

Party invoking the arbitration clause does not have to file a formal application seeking a specific prayer for reference of the dispute to arbitration as long as it raises an objection in the WS
Delhi High Court :: in Parasramka Holdings Pvt. Ltd. vs Ambience Private Ltd. & Anr. :: Party invoking the arbitration clause does not have to file a formal application seeking a specific prayer for reference of the dispute to arbitration…
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