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Commercial Matters: Breach of Contract & Section 138 Compliance

Commercial Matters: Breach of Contract & Section 138 Compliance

Commercial disputes, including breach of contract and Section 138 cheque bounce cases, require legal expertise for resolution. A breach of contract occurs when one party fails to fulfill agreed terms, leading to financial losses or legal action. Section 138 of the Negotiable Instruments Act deals with dishonored cheques, imposing penalties or imprisonment. Timely legal intervention ensures compliance, dispute resolution, and protection of business interests. Expert legal assistance can help navigate these matters efficiently while minimizing risks.

 

Our Key Services:

  • Legal Consultation – Expert advice on breach of contract and Section 138 cases.
  • Contract Drafting & Review – Ensuring legally sound agreements to prevent disputes.
  • Breach of Contract Resolution – Negotiation and mediation services.
  • Legal Notices & Responses – Drafting and replying to legal notices.
  • Section 138 Cheque Bounce Cases – Filing complaints and legal proceedings.
  • Litigation Support – Representation in civil and criminal courts.
  • Arbitration & Mediation – Alternative dispute resolution services.
  • Settlement Agreements – Structuring and executing settlement terms.
  • Evidence Collection & Documentation – Ensuring a strong legal case.
  • Compliance Advisory – Ensuring legal compliance to avoid disputes.
  • Contract Enforcement Actions – Assisting in enforcement and claim recovery.
  • Negotiable Instruments Act Compliance – Guidance on legal obligations.
  • Case Filing & Representation – End-to-end legal support for claims.
  • Pre-litigation Consultation – Strategic advice before legal action.
  • Risk Mitigation Strategies – Proactive measures to prevent legal complications
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Frequency Asked Question

  • A breach of contract occurs when one party fails to fulfill its obligations as per the agreed terms.
  • Legal actions include sending a notice, filing a civil suit for damages, or seeking specific performance of the contract.
  • Section 138 deals with cheque bounce cases, making dishonoring of a cheque due to insufficient funds a punishable offense.
  • The penalty may include imprisonment for up to two years, a fine up to twice the cheque amount, or both.
  • A complaint must be filed within 30 days from the expiry of the 15-day notice period given to the drawer.
  • Yes, disputes can be settled through negotiation, arbitration, or mediation before going to court.
  • Essential documents include the bounced cheque, bank memo, demand notice, and proof of legal compliance.
  • Yes, a demand notice must be sent within 30 days of receiving the bank’s dishonor memo.
  • Yes, if a post-dated cheque bounces due to insufficient funds or other reasons, it can be prosecuted under Section 138.
  • Businesses can mitigate risks by drafting clear agreements, ensuring proper documentation, and seeking legal consultation.
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