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Bank Guarantee Expiry Management When the Beneficiary Enters CIRP
A bank guarantee is independent of the moratorium. How section 14(3)(b), expiry and claim periods, extend or pay demands and UCP 600 work when a party enters CIRP.

Vikrant D. Shetty
7 hours ago12 min read


NCLT and Company Tribunal Filing Fees Explained
NCLT filing fees for section 7, 9 and 10 applications, oppression petitions, schemes and appeals, with the statutory basis, payment mode and refund position.

Vikrant D. Shetty
6 days ago13 min read


How to Obtain and Execute Certified Copies of NCLT Orders
How to obtain a certified copy of an NCLT order in time, and how section 424(3) execution and section 425 contempt actually work against a defaulting party.

Vikrant D. Shetty
Sep 313 min read


Can In-House Counsel Appear Before the NCLT Without an Advocate?
Section 432 of the Companies Act and rule 45 of the NCLT Rules let a company secretary or in-house representative appear before the NCLT. The rules and the limits.

Vikrant D. Shetty
Sep 113 min read


Burden of Proof in Loan Recovery Suits
Money moves between businesses, partners, friends, and relatives constantly, and not every transfer is a loan. When a dispute reaches a civil court, the person who says a sum was lent and is now due for repayment does not get the benefit of the doubt just because money left one account and landed in another. Indian civil procedure puts the burden on that claimant to establish that a loan, in the legal sense, actually came into existence. What follows is what that burden invol

Vikrant D. Shetty
Aug 3010 min read


What a Section 41A Inquiry Into a Public Trust Involves
An inquiry into a public trust in Maharashtra, commonly called a Section 41A inquiry though the investigative power sits in Section 41B of the Maharashtra Public Trusts Act, 1950, lets the Charity Commissioner or a Deputy or Assistant Charity Commissioner summon witnesses, take evidence on oath and call for a trust's accounts, either on a written complaint or suo motu. The inquiry officer's findings are a recommendation only; they do not by themselves remove a trustee. Suspen

Vikrant D. Shetty
Aug 2710 min read


Clause XII Leave in Trademark Suits at the Bombay High Court
When a trademark suit on the Original Side of the Bombay High Court needs leave under Clause XII of the Letters Patent, how Section 134(2) of the Trade Marks Act adds a forum, the Sanjay Dalia limit on forum shopping, and joining passing off under Clause XIV.

Vikrant D. Shetty
Aug 279 min read


Types of Bail in India and How to Apply
Bail is the provisional release of an accused person from custody, on giving a security that they will appear before the court when required. It is a fundamental concept in criminal procedure: the pre

Vikrant D. Shetty
Aug 279 min read


What Public Trusts Must File With the Charity Commissioner Each Year
The Maharashtra Public Trusts Act, 1950 and the Bombay Public Trusts Rules, 1951 impose three separate annual obligations on trustees: a forward-looking budget under Section 31A, filed at least one month before the accounting year begins; an audited balance sheet and income and expenditure account under Sections 33 and 34, filed after the year closes; and a Section 58 contribution statement, Schedule IX-C, declaring income chargeable to the Public Trusts Administration Fund.

Vikrant D. Shetty
Aug 2411 min read


Interim Reliefs a Retiring Partner Can Seek from a Firm or LLP
A partner who retires from a firm or a limited liability partnership rarely walks away with a cheque in hand. What follows is usually a contested settlement of accounts, and throughout that period the continuing partners hold every asset, every bank mandate and every ledger on which the retiring partner's claim depends. Interim relief in such a dispute is often the only thing standing between a good claim and a worthless award. What follows sets out the categories of interim

Vikrant D. Shetty
Aug 2418 min read


Why Ledgers Alone Cannot Prove Liability in Indian Courts
Entries in books of account are relevant under Indian evidence law, but Section 34 of the Evidence Act and Section 28 of the Bharatiya Sakshya Adhiniyam bar them from alone fixing liability without independent corroboration.

Vikrant D. Shetty
Aug 2410 min read


How to E-File a First Petition Before the NCLT in 2026
A step-by-step guide to NCLT e-filing in 2026: registration, PDF/A pre-requisites, forms, fees, the diary number, registry objections and the seven day defect clock.

Vikrant D. Shetty
Aug 2414 min read


Scope of Judicial Review in Government Tenders in India
Indian courts reviewing a government tender decision ask only whether the process was arbitrary, discriminatory, or tainted by mala fides under Article 14 of the Constitution of India; they do not sit in appeal over the commercial wisdom of the decision. This limited standard, consolidated by the Supreme Court of India in Michigan Rubber (India) Ltd. v. State of Karnataka [(2012) 8 SCC 216], applies at every stage of a tender, from drafting conditions through the final award,

Vikrant D. Shetty
Aug 208 min read


How to Choose Between an FIR and a Private Complaint in India
Most people who want to report a crime to the police in India are familiar with the concept of an FIR. Fewer are aware that there is a separate legal route: a complaint filed directly before a magistr

Vikrant D. Shetty
Aug 189 min read


Charity Commissioner vs Joint vs Assistant Commissioner Powers
The Maharashtra Public Trusts Act, 1950 divides authority over public trusts across four tiers: the Assistant and Deputy Charity Commissioners conduct registration inquiries under Section 19 and change report inquiries under Section 22, the Joint Charity Commissioner hears appeals from their findings under Section 70, and the Charity Commissioner alone sanctions major property transactions and suspends or removes trustees. Since the Maharashtra Public Trusts (Amendment) Act,

Vikrant D. Shetty
Aug 1611 min read


How Bidders Can Avoid Tender Litigation in India
Bidders in India avoid most preventable tender litigation by correctly classifying which conditions in a tender notice are essential rather than merely collateral, and complying strictly with the essential ones. The Supreme Court of India settled this distinction in Poddar Steel Corporation v. Ganesh Engineering Works (1991) 3 SCC 273, holding that essential eligibility conditions generally require strict compliance while collateral requirements may be waived at the tendering

Vikrant D. Shetty
Aug 157 min read


How to File a Change Report Under Section 22 of the Maharashtra Public Trusts Act
One of the major points of compliance for Public Trusts are filing Change Reports and getting them approved from the office of the Charity Commissioner. Trustees resign, die, or get added; a trust buys or sells immovable property; an address changes; a trust deed gets amended in ways that ripple through what is recorded on the public register. Each of these events triggers a statutory obligation that is easy to overlook until a bank, a title search, or a dispute exposes the g

Vikrant D. Shetty
Aug 138 min read


When Is Without Prejudice Evidence Admissible in India
Section 23 of the Evidence Act (now Section 21 of the BSA) bars without prejudice admissions from evidence, but the bar is not absolute. This post sets out the exceptions Indian courts recognise, from proving a concluded settlement to the narrow "unambiguous impropriety" exception, and explains why arbitral tribunals apply the rule more loosely than courts bound by the Evidence Act.

Vikrant D. Shetty
Aug 1012 min read


FSSAI Licence Suspension in Mumbai: The Law Behind the FDA's Restaurant Shutdowns
How the FSS Act's improvement notice and emergency suspension powers apply to Mumbai's FDA crackdown, and the remedies available to suspended food businesses.

Vikrant D. Shetty
Aug 39 min read


How a Consent Order Differs From a Settlement Agreement
A consent order is a court order that records the terms of a settlement agreed between parties to a dispute, with the court's approval. It is one of the most effective ways to end litigation. It has t

Vikrant D. Shetty
Jul 219 min read
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