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  • Article

    Can A Person Be Charged In A Criminal Case Before Filing Of The Charge Sheet

    At this stage, the accused is summoned by the Court of the Magistrate to face the trial.
    IndiaCriminal Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    The 60-Day Wall: Supreme Court Affirms Inflexible Limitation Regime Under Section 62 Of The IBC

    The Insolvency and Bankruptcy Code, 2016, stands as a paradigm of legislative intent favouring expedition, finality, and discipline in the resolution of corporate insolvency.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
Article

Can A Person Be Charged Before Filing Of The Charge Sheet?

Chapter XVI of the Cr. P.C. deals with the commencement of proceedings before the Magistrate.
IndiaLitigation, Mediation & Arbitration
Vaish Associates Advocates
Vaish Associates Advocates
  • Article

    Impleading Petitions Can Be Entertained At Any Stage Before Judgment: Madras High Court Clarifies

    In an important decision strengthening the rights of transferees pendente lite, the Madurai Bench of the Madras High Court has reaffirmed that an impleading petitions...
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Supreme Court Clarifies The Narrow Scope Of 'Public Policy' For Challenge Of Indian Award

    The primary issue before the Supreme Court was to decide the correctness of the Impugned Judgment.
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Procedures And Steps Involved For Issuance Of A Non-Bailable Warrants

    In case of a cognizable offence [as defined under Sec. 2(c) of the Code of Criminal Procedure, 1973 (Cr.P.C.), "cognizable offence" means an offence for which, and "cognizable case" means a case in which, ...
    IndiaCriminal Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    An Overview Of Lok Adalat Process In India

    Lok Adalat is a method of alternate dispute resolution that is governed under Legal Services Authorities Act, 1987 (hereinafter referred to as "Act").
    IndiaLitigation, Mediation & Arbitration
    YNZ Group
    YNZ Group
  • Article

    Appointment Of Arbitrator By A Person Ineligible Under Section 12(5) Of The Arbitration And Conciliation Act, 1996 Is Void Ab Initio

    The Hon'ble Supreme Court of India in its recent judgement in the case of Bharat Broadband Networks Limited v. United Telecoms Limited , held that the appointment of arbitrator by a person who is himself ineligible ...
    IndiaLitigation, Mediation & Arbitration
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Delhi High Court's Practice Directions On Renewal Of Bank Guarantees, During The Pendency Of Proceedings

    Section 126 of the Indian Contract Act, 1872, states that guarantee means a contract to perform the promise or discharge the liability of a third person...
    IndiaLitigation, Mediation & Arbitration
    Obhan Mason
    Obhan Mason
  • Article

    Legal Examination And Consequences Of Media Limitations On Chargesheet Reporting

    The Hon'ble Delhi High Court has restricted all media entities from displaying or revealing contents of the chargesheet in regards to the Shraddha Walkar murder case.
    IndiaLitigation, Mediation & Arbitration
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Power Of Attorney Holders And Cheque Dishonour Complaints: Gujarat High Court Settles The Scope

    The Gujarat High Court has clarified the legal standing of power of attorney holders in filing complaints under Section 138 of the Negotiable Instruments Act, 1881...
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Section 138 NI Act And IBC Moratorium: Supreme Court Defines The Boundaries

    The Supreme Court of India recently delivered a significant judgment in the case of Vishnoo Mittal versus M/S Shakti Trading Company, addressing the interplay between insolvency proceedings and criminal prosecutions.
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Supreme Court: Foreign Juridical Seat Automatically Excludes Part I

    The Supreme Court in the case of Etizen Bulk A/S v Ashapura Minechem Ltd. has stated that the mere choosing of a juridical seat of arbitration would automatically attract the law applicable to such a location.
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    The Evolving Dispute Resolution Landscape In 2025: Why ADR, Mediation, And Arbitration Are Outpacing Traditional Litigation

    India's courts face over 5 crore pending cases, driving a fundamental shift toward Alternative Dispute Resolution methods like arbitration and mediation. Recent legislative reforms including the Mediation Act 2023 and amendments to the Arbitration and Conciliation Act have strengthened ADR's position as a faster, more cost-effective alternative to traditional litigation.
    IndiaLitigation, Mediation & Arbitration
    Maheshwari & Co. Advocates & Legal Consultants
    Maheshwari & Co. Advocates & Legal Consultants
  • Article

    The Negotiable Instruments (Amendment) Act, 2018: A Step In The Right Direction?

    The Negotiable Instruments (Amendment) Act, 2018 (the "Amendment") was recently passed by parliament and came into effect from September 1, 2018.
    IndiaLitigation, Mediation & Arbitration
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Assessment On Non-existent Company Dismissed By Delhi High Court

    The Hon'ble Delhi Court dismissed the appeal in the case of Commissioner of Income Tax (Revenue) vs Sony Mobile Communications India Pvt Ltd (company) on 28 February 2023.
    IndiaTax
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    TCS Under Section 52 Of CGST Act, 2017 – A Toothless Provision?

    The effectiveness of Tax Collection at Source (TCS) under Section 52 of the CGST Act, 2017 is called into question due to a critical legislative gap. While e-commerce operators are obligated to collect tax from suppliers using their platforms, the statute provides no express recovery mechanism in case of default. This analysis examines whether the absence of such provisions renders Section 52 unenforceable, and explores the legal implications when operators fail to collect and remit the mandated amounts.
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    'Seising' Of The Court: Rules Enunciated By SC

    The Supreme Court has analysed the scope and applicability of Section 2(1) (e) and Section 42 of the Arbitration and Conciliation Act, 1996.
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Cheque Dishonor – SC Redefined Jurisdiction Of Courts

    The perplexity over jurisdiction of courts in cheque bouncing cases has finally been resolved by the three judge bench of the apex court in Dashrath Rupsingh Rathod v State of Maharashtra & Anr.
    IndiaLitigation, Mediation & Arbitration
    PSA
    PSA
  • Article

    Delhi High Court Quashes Reassessment Notices Issued Post Abhisar Buildwell1 ; Holds Revenue Cannot Coax Life Into Notices Otherwise Barred By Limitation

    The Hon'ble Supreme Court judgment in Abhisar Buildwell (supra) settled the law that in respect of unabated/ completed assessments, no addition can be made under section 153A ...
    IndiaLitigation, Mediation & Arbitration
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Showing 361–380 of 662 results

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