The legal principle of restitution, as articulated in Section 144 of the Code of Civil Procedure, 1908 (CPC), aims to restore a party to their original position prior to a decree or order being varied, reversed, set aside, or modified. Key Elements of Restitution: · …
Background Section 138 of the Negotiable Instruments Act, 1881 (‘NI Act’) deals with the offence relating to the dishonour of a cheque for insufficiency of funds or if it exceeds the amount arranged to be paid from that account. Section 138 of the NI Act…
As per Section 389 of the Criminal Procedure Code (for short ‘CrPC’), a convict facing a sentence may have it suspended for legitimate reasons if he files an appeal with the appellate court. However, these appellate courts must document the reasons in writing prior to…
The Insolvency and Bankruptcy Code, 2016 (IBC) has consolidated laws that govern corporate restructuring and insolvency for individuals, partnerships, and sole proprietors. The primary purpose was to expedite the resolution of corporate insolvency. Both financial and operational obligations were defined in the IBC and a…