Contracts of guarantee play a significant role in banking and financial services, providing lenders an additional layer of security and assurance. This legal arrangement involves multiple parties and specific principles that safeguard both the creditor and the surety. For professionals in the banking sector and individuals dealing with credit facilities, understanding the nuances of a…
Registration of a partnership firm is not compulsory under law. However, the registration gives the firm a legal status. Section 69 makes claims arising out of a contract unenforceable if the firm is unregistered at the date of the institution of the suit. Thus, the major drawback of the non-registered partnership firm is that it…
Sec 30(1) of partnership Acts 1932 provides that a person who is a minor according to the law to which he is subject may not be a partner in a firm, but, with the consent of all the partners, for the time being, he may be admitted to the benefits of partnership. Under sub-section 30…
India’s tax framework covers direct taxes like Income Tax, transaction levies like Commodity Transaction Tax (CTT), and indirect taxes under Goods and Services Tax (GST), each with distinct bases, timelines, and compliance rules for taxpayers and businesses. Income Tax Key updates FY 2025–26 Corporate tax snapshot Commodity Transaction Tax (CTT) CTT compliance and impact Goods…
The Law of Limitation, primarily governed by the Limitation Act, 1963, prescribes time limits for filing suits, appeals, and applications, and lays down detailed rules for computing these periods to balance finality with fairness. Core definitions Limitation and its computation Computation of the period Acts giving rise to a fresh period Special interruption or start…
The Consumer Protection Act, 2019 overhauls India’s consumer law by defining key rights, policing unfair practices and contracts, empowering a new regulator (CCPA), and streamlining redressal through three-tier commissions, time-bound procedures, and mediation cells; awards are enforceable, and limitation rules apply to ensure speed and finality. Definitions Unfair contract and UTP Consumer protection councils Central…
Lok Adalats under the Legal Services Authorities Act, 1987 provide a statutory, conciliatory forum for amicable settlement of disputes at both pre-litigation and pending-case stages, with awards deemed decrees of civil courts and binding on parties without appeal. Lok Adalats are organized by legal services institutions at national, state, district, high court, and taluk levels,…
The Bankers’ Books Evidence Act, 1891 streamlines how banking records are proved in legal proceedings, making certified copies and authenticated printouts/e-records admissible as prima facie evidence without producing original ledgers in court. Applicability and definitions Conditions in the printout Mode of proof of entries When bank officers need not produce books Court‑ordered inspection of books…
The Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) is a landmark legislation enacted to streamline the process of recovering debts due to banks and financial institutions. Against the backdrop of mounting non-performing assets in the early 1990s, this Act was introduced to ensure faster adjudication of claims and reduce the burden on traditional…
The Reserve Bank of India on Tuesday raised the minimum capital requirement for asset reconstruction companies (ARC) and widened the scope of their activities by allowing them to act as resolution applicants under the bankruptcy law. Previously, the Central Bank opposed the proposal allowing ARCs to bid for debt resolution under bankruptcy courts. ARCs are…
