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Can a Cheque Be Presented to the Bank a Second Time After It Bounces?

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Presentation of a bounced cheque is not always the final step in a payment process. Under many circumstances, the cheque may be submitted once again to the bank as long as the latter remains within its period of validity. Nevertheless, an even more pertinent issue is whether resubmission of the cheque increases chances of recovery or whether it simply postpones what might eventually be inevitable. Legal professionals rarely view the resubmission of a dishonoured cheque as merely a banking procedure. They consider the reasons for dishonour and the drawer's subsequent conduct. The Law Allows Another Presentation The Legal Position at a Glance ●        A cheque may generally be presented again if it remains within its validity period. ●        The law does not prescribe a fixed number of presentations. ●        A second presentation should be based on a realistic possibility of payment. ...
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The Legal Danger of "Digital Arrest" Scams: How Fake Law Enforcement Profiling Works Under the BNS

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A person receives a video call from someone claiming to be a police officer. The caller knows the person's name, mobile number and other personal details. He then claims that the victim's identity has been linked to a serious criminal investigation. A second "official" joins the call. A case number appears on screen. A forged notice follows. The victim is told to remain on camera, contact nobody and transfer money to prove innocence. This is the architecture of a "digital arrest" scam. The fraud does not only involve taking money. The criminals first manufacture a false criminal profile of the victim and then surround this profile with fictitious officers and the threat of arrest. Bharatiya Nyaya Sanhita, 2023 might be relevant to the conduct underlying the fraud, but one thing is sure: Digital arrest is not a recognised form of arrest in India.   Is Digital Arrest Legal in India? No. Is digital arrest legal in India? No Indian law permits a s...
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Location: FL-4, Esplanade Mansion, 14, Government Place Rd, Chowringhee North, East, Kolkata, West Bengal 700069, India
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Does the POSH Act Apply to Remote Workers and Virtual Office Setups in India?

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Working from home or using hybrid working environments has forever changed the way companies conduct business. Employees work together in different cities, take part in virtual meetings, participate in online training sessions, and work from places that are miles away from the company’s official headquarters. Nevertheless, the duties within the workplace have not gone away simply because the workplace has gone digital.   The question for employers, business owners, and Human Resources professionals is no longer if remote workers fall under the protection of workplace policies, but rather if their organisations are equipped enough to handle complaints from a new type of workplace. Quick Legal Answer Virtual work settings neither preclude nor reduce employers’ workplace protection responsibilities. The organisations must take initiatives in evaluating their policy guidelines, reporting systems, investigation procedures, and training programs to counter legal issues related to...
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Location: Esplanade Mansion, Marx Engels Beethi Rd, Chowringhee North, Bow Barracks, Kolkata, West Bengal 700069, India
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