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Practical guides to organising records and preparing for legal discussions. Browse a topic or search a question.

14 guides

Recovery

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…

1 min read · Legal guide
Recovery

Notifying an insurer of a loss

Follow the policy's claim instructions promptly and preserve proof of notification. A telephone conversation is easier to verify when its reference and written…

1 min read · Legal guide
Recovery

A loan recall or demand notice

Keep the complete notice, facility documents and service record, and arrange a prompt assessment. A loan recall, SARFAESI demand and court summons can have…

1 min read · Legal guide
Recovery

A SARFAESI section 13(2) demand

Check statutory applicability, the secured debt, classification and complete demand promptly. Section 13(2) is a specific statutory notice, not merely an ordinary…

1 min read · Legal guide
Recovery

Possession measures under SARFAESI

Identify the measure actually taken and preserve the notice and date record. Symbolic possession, physical possession and a proposed sale can involve different…

1 min read · Legal guide
Recovery

A secured-asset auction notice

Read the complete sale terms and statutory record before bidding or challenging. An auction advertisement alone does not provide a full title or procedural…

1 min read · Legal guide
Recovery

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…

1 min read · Legal guide
Recovery

Delivery 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.

1 min read · Legal guide
Recovery

Responding 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…

1 min read · Legal guide
Recovery

The 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…

1 min read · Legal guide
Recovery

A 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.

1 min read · Legal guide
Recovery

Part-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…

1 min read · Legal guide

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