Menu
keyboard_backspace
Consult and get Expert Advice on Bankruptcy and Debt Laws matters from the best Bankruptcy and Debt Lawyers in India. Let us know your requirement we will help you to find the best Lawyer suited for your matter within your budget.

Get Expert Advice Online
from Top Bankruptcy and Debt Lawyers
in India

Read Blogs to get more Insights

Mentally tortured husbands can appeal for granting...

In one particular case, the division bench permitted an appeal for granting a divorce decree in favor of the appealing husband for being tortured by the wife. The appellate judge may question the legality, validity and the propriety of the trial court’s judgment in which it had canceled the suit of the appellant or plaintiff for granting divorce decree of behavior torture and abandonment.Submissions by the AppellantThe appellant-husband may submit that the wife who is the respondent was disrespectful towards his parents and told his mother that meals were to be prepared according to what's on her menu. Another declaration of the appellant could be that the wife of the Respondent had reverted to her parental home within days of marriage and upon repeated requests of her in-laws reverted to her in-laws and that’s when she began cajoling the appellant to live apart.The appellant may state that even after having accepted all her demands, both her attitude and behavior remained unchanged. Matters worsen if the complaint filed by her turns out to be fake; a case in point would be a demand of dowry which, if not met would be the cause of her reverting to her parental home for good never to return to her appellant husband’s house ever again. Hence, in view of the prevailing circumstances, the plaintiff/appellant is likely to seek an of divorce decree on the plea of mental torture and abandonment. The wife of the respondent may deny all allegations and as a matter of fact, plead that she was tortured, the streedhan properties were retained by her in-laws and that the appellant accosted her with threats of divorcing her and remarrying. Besides, she may unequivocally mention her willingness to joining the appellant’s company.ObservationBy perusing the pleadings and depositions, it may turn out that the appellant’s allegations were according to what the depositions of the respondent, his parents, and other relatives were in a fake criminal case for an offense under Sections 498-A and 323 of Penal Code, 1860.An acquittal under Sections 498-A/34 and 323 IPC of the indicted person by the trial judge in regards to the levied charges. Furthermore, it was later noted that the respondent-wife did mention that she was a victim of crass and obscene behavior by both the appellant and the members of his family As and when the respondent-wife is examined, one question, in particular, is asked to the respondent and that is whether the respondent is eager and willing to live together with the appellant. If the answer is a resounding No then clearly the respondent’s allegations were falseand besides, if she was unwilling to live together with the appellant then her very own pleadings are suspect. UpheldIt was upheld that if the wife made any scandalous, vulgar and defamatory statements implicating the appellant’s family members it may cause mental torture to the husband. Besides, it was stated that if the wife fails to provide evidence supporting her unfounded, indecent and defamatory allegations then it would all be the causes of mental torture to the husband.Therefore, if the respondent-wife is unable to prove her scandalous and indecent allegations against the husband’s family and in addition if there is any demand for dowry then it would be a false claim causing mental agony to the husband. Therefore, the appeal for granting the divorce decree favoring the appellant for the dissolution of the marriage among the parties would be permitted.Call 7604047601 for consultation with registered expert divorce lawyers on Vidhikarya.

Posted By

Avik Chakravorty

2 days ago

Go to Blog

Landlord and tenant should know about the nitty-gr...

Presumably the Model Tenancy Act, 2019 vis-à-vis rental housing will aid in the transformation of the legal perspective in its entirety throughout India and may also encourage private participation in this sector.The newest draft Model Tenancy Act, 2019 is empowered in limiting security deposits for housing at two months’ rental and for other properties one months' rent.In order to ensure that the rights and interests of both landlords and tenants are balanced and also ensure that there is adequate rental housing in India, the Ministry of Housing and Urban Affairs has formulated the Model Tenancy Act, 2019. The Finance Minister alluded to the fact that promoting rental housing on the part of the government would necessitate several reform initiatives including the finalization of a Model Tenancy Law replacing the archaic current Rental Laws that do not throw light on the linkage among the Lessor and the Lessee in a realistic and fair manner.The conviction of the government is that the Draft MTA will work as a catalyst vis-à-vis revamping rental housing and the relative legal backbone throughout India and may encourage the segment’s private participation. Needless to mention that experts in the industry along with developers have a preference for the Act.The government is ultimately responding adequately in revamping the archaic laws which were outstanding for a long time. At a time when there is a shortfall in affordable housing, rental housing potentially can contribute to the Government’s aim in making Housing for All come to fruition within two to three years at the most.  Vacant housing is because of dark property rights and inept implementation of rental contract laws, which this Act aims at addressing. The10 things regarding the Model Act which all landlords and tenants ought to be aware of are:1. The new draft Model Tenancy Act, 2019 aims at capping security deposits at two months’ rental in the case of housing and one month’s rental for any other property. Nonetheless, however well-intended, this ceiling may harm landlords particularly in cities where typically hefty security deposits are the norm. A security deposit of two-month would be insufficient for compensating the landlord if the property has been damaged majorly.2. Under The Act, recalcitrant tenants are penalized for declining to move out of their rental properties after the expiry of the rental period. In such a situation the landlord would be able to claim compensation which would be double the monthly rent for two months and four times the monthly rent thereafter. Property owners fearing tenants staying put in their properties which is deemed risky to let out their properties can now breath easy because of the Act.3. The Act specifically mentions that the landlord cannot deny a tenant essential utilities and accessing common facilities which have been the tenant’s common grouse in the past.   4. The landlord cannot increase the rental without notice of at least three months to the tenant, and also is not permitted to increase rent midway through a rental term.5. Once this Model Act becomes effective, letting would cease and on the flip side taking on rent any premises except by an agreement in writing.6. In no later than 2 months of the performance of the rental agreement, it would be compulsory for landlords and tenants alike to inform the Rent Authority about the tenancy agreement. Within a week the Rental Authority would roll out a unique identification number to both parties.7. Once the Model Act commences, a tenant without the prior written consent of the landowner would be constrained subletting the entire or part of the premises occupied by him, or optionally transfer or assign tenancy agreement rights wholly or partly. 8. The landlord-tenant agreement terms would devolve to their successors who would have equal rights and obligations according to the tenancy agreement, for the unused tenancy period.9. It ought to be noted that there would not be any impact or effect on current tenancies as the Draft Model Tenancy Act would be effective prospectively.Industry experts, nonetheless, fear that similar to RERA, the rules of the rental Act rules are prone to be convoluted at the state level as land is basically a state subject.Call 7604047601 for consultation with the registered expert landlord and tenant lawyers on Vidhikarya.

Posted By

Avik Chakravorty

4 days ago

Go to Blog
{{ item.meta_value }}, {{ item.meta_key }}

Consult Top Bankruptcy and Debt Lawyers in India

Mohit  kumar

Mohit kumar

Sr. Advocate in Punjab and Haryana High Court
Exp
Chandigarh , Chandigarh

Specialization

  • Bankruptcy and Debt
  • Criminal
  • Financial Markets And Services
  • International Laws
  • Immigration
I am Mohit kumar have 4 years of experience in assisting various central governments standing counsel (CGSCS). I am experienced in disputing for both prosecution and Defense, also fought cases at various High Courts. I am working at the moment in Punjab and Haryana High Court, Chandigarh View Full Profile
Yogesh  Mehta

Yogesh Mehta

Advocate
Exp
Fatehabad , Haryana

Specialization

  • Bankruptcy and Debt
  • Civil
  • Criminal
  • Commercial
  • Contracts And Agreements
Swarnika  Aggarwal

Swarnika Aggarwal

Advocate
Exp
Delhi , Delhi

Specialization

  • Bankruptcy and Debt
  • Divorce
  • Banking
  • Cheque Bounce
  • Consumer Protection
I am practising advocate and give my best to successfully represents clients in front of the all Courts. I am dealing in Nclt, district court, high court, Consumer Court, labour court, DRT etc. I am also semiqualified company secretary dealing in all kind of company, firm,LLP related matter. Y View Full Profile
Sachin  Bajpai

Sachin Bajpai

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Bankruptcy and Debt
  • Consumer Protection
  • Arbitration And Mediation
  • Financial Markets And Services
  • Employment And Labour
I,m a Lawyer expertise in Finance and Banking. View Full Profile
AJAY  GAUTAM

AJAY GAUTAM

Advocate
Exp
Jabalpur , Madhya Pradesh

Specialization

  • Bankruptcy and Debt
  • Banking
  • Criminal
  • Arbitration And Mediation
  • Commercial
Jabalpur Advocates Lawyers High Court DRT CAT Jabalpur Advocates Lawyers View Full Profile
Swamy  Bnadamidi

Swamy Bnadamidi

ADVOCATE
Exp
Hyderabad , Telangana

Specialization

  • Bankruptcy and Debt
  • Criminal
  • Contracts And Agreements
  • Employment And Labour
  • Landlord And Tenant
I am having 14 years standing in Advocacy and practicing in Hyderabad courts since 2004 and dealing all types of Cases i.e Civil, Criminal, Family, Motor Accident Claims and Employees Compensation Cases. View Full Profile
DIVYAKANT  PANDYA

DIVYAKANT PANDYA

LAWYER
Exp
Surat , Gujarat

Specialization

  • Bankruptcy and Debt
  • Corporate and Incorporation
  • Contracts And Agreements
  • Commercial
  • Employment And Labour
Hello, this is advocate Divyakant Pandya, practicing in Business Law, Commercial Law, Labor Law, Consumer Law, MACP Matter. View Full Profile
Mohamed  Ashick

Mohamed Ashick

Advocate
Exp
Chennai , Tamil Nadu

Specialization

  • Bankruptcy and Debt
  • Corporate and Incorporation
  • Divorce
  • Criminal
  • Domestic Violence
I practice at High court of Madras. Have versatile experience on corporate, criminal and civil cases. Have filed various public interest litigation and writ cases. created record on various lower court cases such as Divorce and Criminal bails, Nclt IBC bankruptcy against major MNC were made success View Full Profile
Ravinderreddy

Ravinderreddy

Advocate
Exp
Hyderabad , Telangana

Specialization

  • Bankruptcy and Debt
  • Criminal
  • Administrative Law
  • Arbitration And Mediation
  • Aviation
I am practicing in high court of Telangana at Hyderabad civil criminal writ petition all type cases View Full Profile
Jignesh  Hajare

Jignesh Hajare

lawyer
Exp
Ahmedabad , Gujarat

Specialization

  • Bankruptcy and Debt
  • Civil
  • Administrative Law
  • Animal Laws
  • Arbitration And Mediation
i am practicing lawyer in the High Court of Gujarat. i have experience of 19 years. i practicing not only in Ahmedabad but the different cities of Gujarat also. Mainly in Criminal, Civil, Matrimonial, labor and workman. View Full Profile
Not Sure Whom to Consult ?
We will help you to find the best lawyer as per your budget !
Post Your Matter to explore various options.
Need Legal Advice
Post Your Matter
Connect with Expert Lawyers to Resolve
Your Legal Matter
  • What are the laws on bankruptcy & debt in India?
  • What does it mean when a debtor is discharged?
  • Can a creditor collect on a discharged debt?
  • Can discharged debt be sold?
  • How long does a creditor have to collect a debt?

About bankruptcy & debt Laws


The primary law dealing with the subject of bankruptcy and debt laws is the Insolvency and Bankruptcy Code 2016.

The Insolvency and Bankruptcy Code, 2016 (IBC) is a substitution to separated legal framework and a split institutional set-up which was kept on passing on poor outcomes for a significant long time loan bosses and troubled business searching for an exit. This will profit everybody loan bosses, troubled business, economy and the estimation of the assets will be expanded. The manner by which the law is starting at now being realized seems to focus more on fast operationalisation. It has presented the time bound determination process which is the 180-day course of events talks profoundly about the point of the IBC – fast assurance of insolvency to help with the recuperation as to win in the economy where there is more capability about the recuperation system and expanding the estimation of assets of bothered business. Since the IBC accommodates a period bound system, it puts gigantic weight on the promoters as wells as the lenders to quick track a trade off recipe or risk the asset being liquidated.

Bankruptcy is a legal proceeding involving a person or business that is unable to repay outstanding debts. Some of the distinguishing elements of the code are-

  • Comprehensive law – this code is a comprehensive law which envisages and regulates the process of insolvency and bankruptcy of all persons including corporates, partnerships, LLP’s and individuals.
  • Withering away of Multiplicity of Laws – Code withered away multiple laws covering the recovery of debts and insolvency and liquidation process and presents singular platform for all the reliefs relating to recovery of debts and insolvency.
  • Clarity in Process- there is a clear and unambiguous process to be followed by all stakeholders. There is also shift of control from shareholders and promoters to creditors.
  • New Regulatory Authority- it provides for constitution of a new regulatory authority, ‘Insolvency and Bankruptcy Board of India’ to regulate professionals, agencies and information utilities engaged in resolution of insolvencies of companies, partnership firms and individuals.

The Code plots a bankruptcy assurance handle for individuals, associations and affiliation firms. As showed by the Section 6 of the code it is communicated that the method may be begun by either the corporate record holder or the financial lenders and operational advance managers. The most extraordinary time limit of 180 days and 90 days increase just if the Adjudicating Authority is persuaded for realization of the very system, has been set for corporates and individuals.

There are two types of tribunals. For Companies and Limited Liability Partnership Firms there is The National Company Law Tribunal (NCLT) and for people and associations there is the Debt Recovery Tribunal (DRT).

Request a Callback for Legal Help


In case you want us to call you back to understand your legal problem then please submit your details with a brief description of the legal issue that you have. We will call you back.

Name must be provided !

Email must be provided !

Invalid Phone Number !

Details must be provided !

Want a Quick Legal Advice From Expert Lawyer
Call us at this number for Legal Help at an affordable price
7604047601
Legal Advice Anytime Anywhere

The most trusted and relied upon partner for hiring lawyers for any kind of legal services.

Not Sure Whom to Consult ?
We will help you to find the best lawyer as per your budget !
Post Your Matter to explore various options.
Need a Lawyer for Your Case ?
Post Your Matter
Get the best Lawyer
for your Case

Top Responding Lawyers
on Bankruptcy and Debt Laws

c0c3d251ed9ec09aa1a2e42aab190b76.jpg
Experience: 33 Year(s)
Retired Judge
Bangalore
9434907e0136c51bd1ae1f8951e791b0.webp
Experience: 3 Year(s)
As a advocate
Aurangabad
c145ced7ac4ad8d7f029e0f25bd83fed.webp
Experience: 1 Year(s)
Advocate
Kolkata
96f7af615b9d69fb001d0eabf8624f63.jpg
Experience: 9 Year(s)
Lawyer and legal associate
Nagpur
93242ddb5f3bbe7e8eeeb394d718b1ec.webp
Experience: 22 Year(s)
Advocate
Bhubaneswar
bbeb09048874b1d40441.webp
Experience: 9 Year(s)
Adv.Ambrose Leo Associates & Legal Consultants
Bangalore
57c4e587eb8d1f8118587949fee03c09.jpg
Experience: 14 Year(s)
Advocate and Legal Counsel
Kolkata
498ccf42b276edbaf56567d1ccd4975a.webp
Experience: 19 Year(s)
Advocate
Bangalore
a24c9c9c3a743f162cc475c80071fe4c.webp
Experience: 15 Year(s)
Advocate High Court
Kolkata
88758d8abcf72f97a1c0302bb8aba8e5.jpg
Experience: 15 Year(s)
Advocate High Court
Allahabad
443f954fc1289753953d236b49cdf66a.jpg
Experience: 3 Year(s)
Lawyer
Mumbai
f2551f73bce9c035879a3764efba7bdf.jpg
Experience: 1 Year(s)
Advocate
Hyderabad
46ff77e9b7358b76ae473e673378e102.webp
Experience: 38 Year(s)
SENIOR LAWYER
Jabalpur
cc45cf3809e36f0032b274972c66f02c.webp
Experience: 4 Year(s)
Advocate
Faridabad
365c3942034dac70476c492af828705e.jpg
Experience: 17 Year(s)
Advocate
Patna
3a01cc6aa21855397e314eb84cfd223a.webp
Experience: 5 Year(s)
Lawyer
New Delhi
c27ca806eff0a70564bacdf75277b502.jpg
Experience: 29 Year(s)
Senior Lawyer
Vijayawada
a471b982517c3e5e59b7c95a1d00e918.jpg
Experience: 6 Year(s)
Advocate
Ludhiana
U00070524.webp
Experience: 17 Year(s)
Lawyer,Attorney,Solicitor
Kanpur
4841c22d1a959ded01c071ad410d81b4.webp
Experience: 15 Year(s)
Advocate
Panipat
090d5a222e6f7cab9481bb4042a79c69.webp
Experience: 20 Year(s)
Dr
New Delhi
5a5b9936694f43a22e8d1af5799fd4ac.jpg
Experience: 2 Year(s)
Advocate
New Delhi
c66acad8561a1154949b7828145d20e0.jpg
Experience: 11 Year(s)
Advocate
Chandigarh
d6d5b47319eafdb8e3813667048e1699.webp
Experience: 3 Year(s)
Criminal Lawyer
Faridabad
59e854a50a441a116b44301cc6c50176.webp
Experience: 11 Year(s)
Attorney
South Delhi
Talk to a Lawyer
Post Your Matter
Request Callback
Contact Us