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Practical guides to organising records and preparing for legal discussions. Browse a topic or search a question.
Demand notices under NI Act section 138
A statutory cheque demand requires the correct parties, amount, factual basis, timing and delivery. An ordinary reminder should not automatically be treated as a…
RecoveryDelivery and service records for a cheque notice
Preserve the actual dispatch, tracking, returned cover and electronic records. A notice's date and its legal receipt position can be different.
RecoveryResponding to a cheque-dishonour notice
Record receipt immediately and preserve the full notice and underlying transaction. A statutory payment period and a choice about sending a reply are different…
RecoveryWhich court can hear a cheque-dishonour complaint?
The collection method and relevant bank branch matter under section 142(2). The complainant's preferred location is not the complete jurisdiction test.
RecoveryThe complaint period after a cheque notice
Section 142 generally uses one month from the cause of action under section 138's proviso, with a sufficient-cause provision for delayed complaints. Do not replace…
RecoveryA cheque described as security
The description security does not by itself answer the section 138 question. Examine the agreement, maturity of liability and facts at presentation.
RecoveryA cheque issued by a company
Identify the drawer company, account, signatory and roles alleged at the relevant time. Signing, directorship and responsibility are related but distinct facts.
RecoverySignature disputes and statutory presumptions
Preserve the original cheque and the genuine account and signature record. A signature issue should be assessed separately from the debt and transaction history.
RecoveryPart-payment and the amount on a cheque
Record every payment and its date relative to issue, presentation, notice and proceedings. A changed balance can raise issues that require more than subtracting…
RecoveryStop-payment instructions or an allegedly lost cheque
Keep the genuine loss or stop-payment record and the underlying transaction. A banking instruction does not by itself determine every criminal or civil consequence.
RecoveryA signed cheque with disputed blanks or entries
Identify what was signed, delivered, authorised and later completed. A cheque's appearance alone may not resolve the legal effect of the transaction.
RecoveryInterim compensation in a cheque case
Read the actual application and statutory stage. Interim compensation is a court-ordered matter under section 143A, not an automatic private demand in every…