SK Law House Legal Articles
Law updates, legal guidance, and practical articles for clients and readers of `sklawhouse.com`.
Articles tagged #CommercialLaw
Section 138 Cheque Bounce Proceedings Cannot Be Quashed at Threshold Over Disputed Liability Amount: Supreme Court
Reiterating the scope of statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act, 1881, the Supreme Court held that factual disputes regarding the exact quantum of debt or partial repayment cannot be adjudicated in a quashing petition before trial.
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Section 138 NI Act Appeal and 20% Compensation Deposit: Madras High Court Upholds Appellate Condition Absent Exceptional Circumstances and Extends Time to Deposit
In Mohanlal Bora v. M/s. Darshan Comtrade Pvt. Ltd. (Crl.O.P. No. 19171 of 2026, decided on 03.11.2026), Justice G.K. Ilanthiraiyan of the Madras High Court applied the Supreme Court precedent in Jamboo Bhandari and held that while the 20% compensation deposit for suspension of sentence in a cheque bounce appeal can be reduced or exempted in exceptional cases, the appellate order must be upheld where no valid exceptional circumstance is shown, while granting an extension of time to comply.
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Forgery Allegation Cannot Automatically Prevent Arbitration: Madras High Court Judgment 2026
Madras High Court appoints a sole arbitrator in a land aggregator agreement dispute despite a forgery allegation, examining the existence of the arbitration clause.
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Arbitration Clause Incorporation: LOI Reference to Tender Not Sufficient (2026)
A general reference to a tender document in a Letter of Intent (LOI) is not enough to incorporate an arbitration clause. Understand the legal position and implications.
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