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  • Article

    Getting Bail In Maharashtra

    Bail, in law, is used for the release of a person charged with an offence, on his providing a security that will ensure his presence before the court or any other authority whenever required.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Hierarchy Of Courts For Civil Cases In India

    The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction includes any dispute between the Centre and State(s) or between States as well as matters concerning enforcement of fundamental rights of individuals.
    IndiaLitigation, Mediation & Arbitration
    Vaish Associates Advocates
    Vaish Associates Advocates
Article

Inherent Powers Of Courts And Tribunals

Therefore, if a winding up order is made then it is in fact likely that all debts of the debtor creditor will have to take a serious haircut to maintain even a possibility of repayment.
IndiaLitigation, Mediation & Arbitration
Dhaval Vussonji & Associates
Dhaval Vussonji & Associates
  • Article

    Know The Roster System

    January 12th, 2017 is a date earmarked in judicial history, an event that witnessed four senior most sitting Judges of Supreme Court of India, publicly raising concerns about the structural flaws...
    IndiaLitigation, Mediation & Arbitration
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Process Of Trial Of Civil Cases/Suits In India

    The flow chart is indicative & for general guidance only.
    IndiaLitigation, Mediation & Arbitration
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Section 8 Application Filed After 11 Months Of First Appearance Held Time-Barred: Calcutta High Court

    The Calcutta High Court examined whether a bank's application for arbitration, filed 11 months after first appearance and without submitting a written statement, constituted a waiver of arbitration rights under the Arbitration and Conciliation Act, 1996. The case arose from a business loan dispute where the borrower claimed full settlement while the lender demanded additional amounts, raising critical questions about the temporal limits for invoking arbitration clauses in civil suits.
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Supreme Court Clarifies The Appropriate Jurisdiction For Enforcement Of An Arbitral Award

    By a judgment delivered on 15 February 2018 in Sundaram Finance v Abdul Samad & Anr, a two Judge bench of the Hon'ble Supreme Court of India has clarified the anomaly with regard to the appropriate jurisdiction for enforcement of an arbitral award.
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Supreme Court - Live Streaming And Recording Of Court Proceedings

    The Supreme Court of India has released the Draft Model Rules (hereinafter referred to as ‘Rules') for Live-Streaming and Recording of Court proceedings on May 28, 2021.
    IndiaLitigation, Mediation & Arbitration
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    The Evolution Of Interim Relief: Navigating Sections 9 And 17 Of The Arbitration Act

    Interim relief serves as a significant safeguard in the arbitration process, ensuring that assets are protected and the final award remains meaningful rather than a “useless victory”.
    IndiaLitigation, Mediation & Arbitration
    Maheshwari & Co. Advocates & Legal Consultants
    Maheshwari & Co. Advocates & Legal Consultants
  • Article

    The Living Dead: Looking At Posthumous Celebrity Rights Across Jurisdictions

    We, humans, have an odd penchant for worshipping others of our kind who've hit the jackpot of fame and fortune. Enter the celebrity, that shiny beacon of societal adoration.
    IndiaLitigation, Mediation & Arbitration
    Naik Naik & Company
    Naik Naik & Company
  • Article

    The New Paper Trail: Proving Your Case Through Electronic Evidence

    In recent times, inside courtrooms across India, the traditional file folder stuffed with documents has progressively given way to pen drives, email printouts, recordings and CCTV footage etc.
    IndiaLitigation, Mediation & Arbitration
    Maheshwari & Co. Advocates & Legal Consultants
    Maheshwari & Co. Advocates & Legal Consultants
  • Article

    When An Undertaking Is Broken: The Supreme Court’s Stern Message On Contempt And Elephant Welfare

    A Division Bench of the Supreme Court of India comprising Justice Dipankar Datta and Justice Satish Chandra Sharma, in its judgment dated June 9, 2026, addressed a compelling intersection of contempt jurisdiction...
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    When Time Runs Out: The Fate Of Arbitral Mandates Under Section 29A

    Section 29A of the Arbitration and Conciliation Act, 1996, prescribes strict timelines for arbitration proceedings, but what happens when these deadlines expire?
    IndiaLitigation, Mediation & Arbitration
    Gurinder & Partners
    Gurinder & Partners
  • Article

    Whether Petition Under Article 226/227 Of Constitution Of India Maintainable Against Orders Passed By The Tribunal During Pendency Of Arbitration Proceeding

    The apex court once again deprecated the practice of challenging non-appealable orders passed by the arbitral tribunal under the Arbitration and Conciliation Act, 1996 by way of filing petitions under Article 226/227 ...
    IndiaLitigation, Mediation & Arbitration
    Singhania & Partners LLP
    Singhania & Partners LLP
  • Article

    Dabur´s Design Contest In Hair Oil Packaging

    Aggrieved by the dismissal of an application filed under Order 39 Rules 1 and 2 CPC, Dabur India Limited filed an appeal to the decision of the Ld. Single Judge of the Delhi High Court, in Dabur India Ltd. v. Amit Jain & Anr. {2009 (39) PTC 104 (Del.)}. Dabur claiming to be the fourth largest fast moving consumer goods (FMCG) company in India, and that they were in trade since 1884, filed this appeal in pursuance to the design registration in the packaging of its hair oil for the bottle and cap.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    “BUDDHA-BAR”: A Debate On Transborder Reputation

    Transborder reputation has been a matter of dispute, largely elucidated and deliberated upon in the law of trademarks. The principle however finds itself extrapolated to other realms of intellectual property disputes as well.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    156(3), CrPc: Interlocutory Or Not? Treading A Paradoxical Course

    The term "interlocutory order" is a term that has no lack of well-known legal significance and appears to present no complex difficulty.
    IndiaLitigation, Mediation & Arbitration
    Luthra and Luthra Law Offices India
    Luthra and Luthra Law Offices India
  • Article

    Arbitration Clause In Accepted Invoices Binds The Parties Despite The Absence Of A Separate Signature At The Section 11 Stage

    The Delhi High Court examined whether an arbitration agreement existed when the arbitration clause appeared only on the reverse side of commercial invoices and was never separately signed by the receiving party. The Court's determination centered on whether acceptance of goods and part-payment of invoices could constitute acceptance of arbitration terms printed on those invoices, raising fundamental questions about contract formation in commercial transactions.
    IndiaLitigation, Mediation & Arbitration
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Navigating Jurisdictional Issues In Arbitration: Delhi HC Underscores The Criticality Of 'Seat" In Arbitration Agreements

    Arbitration as a dispute resolution mechanism has gained a lot of traction due to its flexibility, convenience, cost efficiency and especially as a faster mode of resolution of disputes.
    IndiaLitigation, Mediation & Arbitration
    Naik Naik & Company
    Naik Naik & Company
  • Article

    Section 498A Of The Indian Penal Code, 1860 – A Crying Need For A Fine Balancing Act To Address The Flaws In This Provision

    Section 498A of the Indian Penal Code, 1860 ("IPC") was introduced in 1983 and the statement of objects and reasons explained that (a) the increasing number of dowry deaths...
    IndiaLitigation, Mediation & Arbitration
    Vaish Associates Advocates
    Vaish Associates Advocates
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