Law

MSME Act vs Arbitration Act

Arbitration, MSMEs and Judicial Intervention: An Uneasy Coexistence in Indian Arbitration Law

India’s arbitration framework has undergone significant legislative and judicial evolution with the objective of promoting speedy dispute resolution, party autonomy, and minimal court interference. However, when arbitration intersects with special welfare legislations such as the Micro, Small and Medium Enterprises Development Act, 2006 (“MSME Act”), the promise of uniformity and...

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Commercial Courts Act

The Commercial Courts Act, 2015 and Speedy Resolution of Commercial Disputes in India: A Critical Analysis

Introduction India’s legal system underwent a significant transformation with the enactment of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (“Commercial Courts Act”). Traditionally, commercial disputes were adjudicated by ordinary civil courts, which were already burdened with a wide array of civil, criminal, and constitutional...

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Commercial Recovery Suit

How to file a recovery suit in a commercial transaction under the Commercial Courts Act (India) — law, procedure and important judgments

This practical article explains, step-by-step, how to bring a recovery suit arising out of a commercial transaction before a Commercial Court in India. It sets out the legal framework, pre-filing requirements, drafting and filing practicalities, fast-track procedures unique to commercial suits, and key case law you should know.

1) Quick...

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False Sureties in India

LEGAL CONSEQUENCES AND CRIMINAL LIABILITY ARISING FROM FALSE SURETIES IN INDIA

ABSTRACT

The system of bail occupies a pivotal position in India’s criminal justice framework, balancing the constitutional presumption of innocence with the need to ensure the presence of the accused during trial. A crucial component of this system is the furnishing of sureties. However, the growing menace of false, forged,...

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Global Judex

FRAMING OF CHARGE IN CRIMINAL PROCEEDINGS: CONTINUITY AND CHANGE UNDER THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Abstract

Framing of charge is a decisive judicial function that determines whether an accused should be subjected to the rigours of a criminal trial. While the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Code of Criminal Procedure, 1973 (CrPC), the jurisprudential foundations governing framing of charge remain substantially...

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Commercial Courts Act (India)

How to File a Recovery Suit Under the Commercial Courts Act, India

This practical article explains, step-by-step, how to bring a recovery suit arising out of a commercial transaction before a Commercial Court in India. It sets out the legal framework, pre-filing requirements, drafting and filing practicalities, fast-track procedures unique to commercial suits, and key case law you should know.

1) Quick...

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Section 138 of the Negotiable Instruments Act Explained

By: Ashish Kumar Singh Introduction In modern financial and commercial transactions, cheques are a vital instrument for secure and formalized payments, particularly in high-value commercial transactions. However, increasing misuse of cheques has led to a substantial number of cheque dishonour cases in India. To curb this trend and to instil greater trust...

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The Trade Marks Act, 1999: Insights into Essential Sections on Registration, Infringement, and Remedies

ABSTRACTThis article provides a comprehensive analysis of the Trade Marks Act, 1999, focusing on itspivotal provisions and their implications for trademark protection in India. Grounded in thedefinition of a trademark under Section 2(1)(zb), the Act encompasses an expansive frameworksafeguarding the identity and distinctiveness of goods and services. The discussion highlightscritical...

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Role of a Supreme Court advocate providing legal representation in India

The Role of a Supreme Court Advocate: Legal Excellence at Global Judex Law Firm

Explore the role of a Supreme Court advocate and how legal expertise, experience, and strategic advocacy at Global Judex Law Firm ensure effective representation at India’s highest court.

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Best Advocate in Supreme Court

Why Hiring the Delhi High Court Can Make All the Difference

In the complex and, very often, frightening world of litigation, the ability of your advocate can make all the difference between winning and losing an argument. For individuals entering into a hard, long-standing case in the Delhi High Court, either as a person or a business entity, finding the proper...

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