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Practical guides to organising records and preparing for legal discussions. Browse a topic or search a question.
Cheque dishonour — organising payment and delivery dates
Keep the cheque, return memo, bank-information date, notice and delivery record together. The statutory sequence contains distinct triggers that should not be…
RecoveryThe debt behind a dishonoured cheque
Identify the legally enforceable debt or liability said to be discharged when the cheque was presented. A returned cheque does not remove the need to examine the…
RecoveryBank return memos and the dishonour reason
Preserve the complete return memo and bank record. A verbal explanation or a cropped banking message may not show the actual return reason and date.
RecoveryDemand 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…