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  • Article

    NCLT Does Not Have Power To Examine Correctness Of Attachment Or Adjudication Order Passed Under Benami Act, Under IBC

    The SC in the case of S. Rajendran v. CIT[1] held that an attachment Order passed under the Benami Properties Transactions Act, 1988 (‘Benami Act’) cannot be challenged under the IBC.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AZB & Partners
    AZB & Partners
  • Article

    Delhi High Court Holds That Damages Awarded By Foreign Courts Not Subject To FEMA / RBI Directions

    Delhi High Court (‘HC’) in Peter Beck und Partner Vermögensverwaltung GmbH v. Prakash Industries Limited[1] held that amounts awarded by a competent court, whether Indian or foreign, towards damages...
    IndiaInternational Law
AZB & Partners
AZB & Partners
  • Article

    Analysis Of The Civil Trial Judicial Process

    According to the Code of Civil Procedure, in civil cases, the trial judicial process begins with the filing of a plaint wherein the plaintiff lays down the grievances and the prayer sought for.
    IndiaLitigation, Mediation & Arbitration
    Diwan Advocates
    Diwan Advocates
  • Video

    Notice Served, Clock Started | Supreme Court On Limitation For Probate Revocation (Video)

    The Court examined the limitation period applicable to applications seeking revocation of probate under Section 263 of the Indian Succession Act and the application of Article 137 of the Limitation Act.
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    SC Recognises And Applies Principle Of Transnational Issue Estoppel In Foreign-Award Enforcement Proceedings

    The Supreme Court of India has applied the doctrine of 'transnational issue estoppel' in a landmark ruling, establishing that parties cannot re-litigate issues already decided by foreign courts when challenging foreign award enforcement in India. This decision addresses the critical intersection of international arbitration, foreign judgments, and domestic enforcement proceedings.
    IndiaLitigation, Mediation & Arbitration
    AZB & Partners
    AZB & Partners
  • Article

    Supreme Court Affirms The High Court's Order Directing Crocs To Pay The Cost Of Proceedings

    There were several suits filed by the Plaintiff (Crocs) against number of Defendants for design infringement of its footwear.
    IndiaLitigation, Mediation & Arbitration
    Lex Orbis
    Lex Orbis
  • Article

    Supreme Court Clarifies That The Principles Of Order XXIII Rule 1 Of CPC Apply To Section 11 And Bars Second Arbitration On Same Cause After Abandonment

    The Supreme Court through its judgment dated 01.04.2026 in Rajiv Gaddh v. Subodh Parkash , held that a party abandoning earlier arbitral proceedings cannot subsequently file a fresh application under Section 11 of the Arbitration and Conciliation Act, 1996 (“A&C Act”) on the same cause of action.
    IndiaLitigation, Mediation & Arbitration
    Sagus Legal
    Sagus Legal
  • Article

    Supreme Court Holds That A Final Decree Under Order XII Rule 6 Of The CPC Can Be Passed, Based On Admission Made In Course Of Criminal Proceedings

    Supreme Court through its judgement dated 08.05.2026 in the matter of Sheikh Abedin v Iqbal Ahmed & Another held that final decree under Order XII Rule 6 of the Code of Civil Procedure, 1908 (“CPC”) can be passed, based on admission made in course of criminal proceedings.
    IndiaLitigation, Mediation & Arbitration
    Sagus Legal
    Sagus Legal
  • Article

    Supreme Court Holds That A Foreign Judgement Passed In A Summary Trial Without Considering Contemporaneous Evidence Is In Violation Of Section 13 Of The CPC And Hence Not Enforceable In India

    SEBI has introduced significant amendments to InvIT, AIF, and REIT regulations, lowering credit risk thresholds for liquid mutual funds and expanding investment flexibility.
    IndiaLitigation, Mediation & Arbitration
    Sagus Legal
    Sagus Legal
  • Article

    The Process Of Prosecution & Criminal Trial Against Dishonor Of A Cheque Under Sec. 138 Of The Negotiable Instruments Act, 1881

    In a typical case under sec. 138 of the Negotiable Instruments Act, 1881 following proceedings, which we have tried to explain with the help of a flow chart, take place for the prosecution of the offender:-
    IndiaLitigation, Mediation & Arbitration
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Healthcare Services Through Another Hospital Are Also Exempt; Classification Of Service Must Follow Its Substance

    The Karnataka High Court examined whether healthcare services provided by a medical enterprise to patients through a contractual arrangement with another hospital qualify for GST exemption. The Revenue department argued for an 18% tax rate, while the assessee claimed exemption under healthcare service provisions. The Court's decision hinged on interpreting the legislative intent behind healthcare exemptions and determining whether service classification should follow contractual form or substantive nature.
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Delhi High Court Allows TLG To Be Part Of Cartel Investigation In Advertising Industry

    The CCI, acting on a leniency application filed by Dentsu India in February 2024 under Section 46 of the Act initiated an investigation into alleged cartelisation in India’s advertising and media-buying industry. The investigation concerns allegations that several global advertising networks operating in India including Wire and Plastic Products plc’s GroupM, Publicis (through its Indian operating entity, TLG India Pvt. Ltd. (‘TLG’)), Dentsu, Omnicom and others, colluded to fix advertising rates, commissions, and discounts charged to advertisers, in contravention of Section 3(3) of the Act.
    GlobalAntitrust/Competition Law
    AZB & Partners
    AZB & Partners
  • Article

    Trademarks – No Appeal Maintainable Against HC’s Single Bench Decision In Appeal Against Registrar’s Decision

    The Calcutta High Court's Division Bench has ruled on a critical procedural question regarding the appealability of Single Bench decisions in trademark matters.
    IndiaIntellectual Property
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Glucometers Are Classifiable Heading 9027 And Not Under Heading 9018 Of Customs Tariff – Use In Field Of Medicine Is Not Material

    The CESTAT Mumbai has clarified the customs classification dispute surrounding glucometers, determining whether these portable blood glucose measurement devices belong under medical instruments or chemical analysis apparatus in the Customs Tariff Act, 1975. The Tribunal's decision hinges on the fundamental operational principle of glucometers and establishes important precedent for classifying devices that serve both analytical and medical purposes.
    IndiaInternational Law
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Podcast

    Maintenance After Divorce & Death: Bombay High Court On Ex-Wife’s Rights Against Estate (Podcast)

    The Bombay High Court's judgment in Warsha Eleekusumchand Javeri v. Rajan Suren Goregaonkar and Others presents significant legal principles that could impact future litigation. This podcast episode examines the court's reasoning and the implications of its decision rendered on 6 May 2026.
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Casing Out The Deceptive Similarity: The USV-Cadila Litigation

    The well known dicta of trademarks, deceptive similarity and the akin, have been recounted time and again, to resolve various disputes that appear forth the courts.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Copyrightability "Ipso Facto" If Devoid Of A Doubt As To Work Having Been Copied

    The Copyright Board, the pertinent forum to answer appeals filed under the Copyright Act, 1957 as per Section 72(1) of the Act, was witness to proceedings against the order of the Registrar of Copyrights.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Patents – Restoration Application When To Precede Post-Grant Revocation

    The Calcutta High Court has ruled that patent revocation proceedings cannot proceed while a restoration application remains pending, setting aside a Controller's order that effectively rendered the restoration process meaningless. The decision addresses a critical procedural question about the interplay between patent restoration and post-grant revocation challenges when renewal fees have lapsed.
    IndiaIntellectual Property
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    High Court Of Delhi Holds That Filing Of An Application Under Order VII Rule 11 Of Civil Procedure Code, 1908, Does Not Extend Or Revive The Limitation Period For Filing Written Statement In Commercial Suits.

    The High Court of Delhi, by way of its judgment dated 23.03.2026 in IDBI Trusteeship Services Ltd. v. Manish Jain & Ors...
    IndiaLitigation, Mediation & Arbitration
    Sagus Legal
    Sagus Legal
  • Article

    Impact Of The Supreme Court's Order Of March 23, 2020

    A three-judge bench of the Hon'ble Supreme Court ("the Court") in the matter of Suo Moto Writ Petition (Civil) No. 3 / 2020.
    IndiaLitigation, Mediation & Arbitration
    Kochhar & Co.
    Kochhar & Co.
  • Showing 21–40 of 662 results

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