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  • Article

    Hon'ble Supreme Court Of India Holds That Judicial Role Encompasses The Duty To Direct The Executive Branch To Review The Working Of The Statutes And Audit The Statutory Impact

    The Hon'ble Supreme Court of India, in a recent judgment dated July 30,2024 in Yash Developers vs. Harihar Krupa Co-operative Housing Society Limited, while examining the provisions of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 ...
    IndiaLitigation, Mediation & Arbitration
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Legal & Judicial Updates (August 2024)

    Kamlu, the Petitioner, filed an application under Section 151 of the Code of Civil Procedure (CPC) seeking an extension of time to comply with an order in an ongoing arbitration case. Previously, the
    IndiaLitigation, Mediation & Arbitration
Hammurabi & Solomon Partners
Hammurabi & Solomon Partners
  • Article

    Resolution Professional’s Statutory Mandate Trumps Arbitral Award Execution: The NCLT Chandigarh Perspective On Asset Control During CIRP

    The intersection of arbitration law and insolvency legislation has consistently presented complex jurisdictional and substantive challenges for Indian courts and tribunals.
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    SC Review Petition: DRI Officers Are Proper Officers Empowered To Issue SCN Under Customs Act, 1962

    "The Hob'ble Supreme Court in the case of Commissioner of Customs v. Canon India Private Limited (Review Petition no 400 of 2021) allowed the review petition filed by the Customs Revenue Department.
    IndiaLitigation, Mediation & Arbitration
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Understanding Territorial Jurisdiction: A Closer Look At Section 19 Of The Civil Procedure Code, 1908

    The concept of jurisdiction lies at the very heart of the legal system. It is a very fundamental topic in the realm of civil law as it determines which court has the authority to adjudicate and the limit or extent of authority that can be exercised by a court with regards to matters brought to them
    IndiaLitigation, Mediation & Arbitration
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Best Evidence Rule: Cardinal Principle Of Indian Evidence Act

    The word "evidence" is used in the Indian Evidence Act, 1872 (hereinafter referred to as 'Act')...
    IndiaLitigation, Mediation & Arbitration
    Luthra and Luthra Law Offices India
    Luthra and Luthra Law Offices India
  • Article

    Arbitration Updates (April 2026)

    The dispute arose out of a works contract wherein the work was completed on 30.07.2000. The Respondent issued a notice invoking arbitration only on 02.06.2022, i.e., after a lapse of more than two decades. The High Court, in proceedings under Section 11 of the Arbitration and Conciliation Act, 1996, held that due to ambiguity in the contract and the absence of a final determination by the Engineer-in-Charge, the claim could not be treated as time-barred and proceeded to appoint an arbitrator.
    IndiaLitigation, Mediation & Arbitration
    Hammurabi & Solomon Partners
    Hammurabi & Solomon Partners
  • Article

    Delhi High Court Upholds Finding Of Wrongful Termination, Declines Interference Under Section 34

    The Delhi High Court disposed of two cross-petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, arising from a common arbitral award dated September 24, 2025.
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Dispute Resolution & ADR Newsletter - January 2025

    The January 2025 edition of Fox & Mandal's Dispute Resolution & ADR newsletter examines the scope for an arbitral tribunal to clarify its award after lapse of the period prescribed for such purpose; continuation of assessment proceedings by statutory authorities during CIRP and liquidation; guidelines for interim release of vehicles seized under the NDPS Act for carrying contraband; and other recent decisions of the Supreme Court, various High Courts and Tribunals.
    IndiaLitigation, Mediation & Arbitration
    Fox & Mandal
    Fox & Mandal
  • Article

    Section 138 Of The Negotiable Instruments Act: What The Supreme Court’s New Procedural Guidelines Mean For Cheque-Bounce Cases

    A cheque is supposed to offer something close to certainty in a commercial transaction. When a cheque is issued, the recipient ordinarily expects that it will be honoured when presented. A dishonoured cheque, therefore, is not merely a failed payment; it can have wider consequences for the credibility and discipline of commercial dealings.
    IndiaLitigation, Mediation & Arbitration
    Maheshwari & Co. Advocates & Legal Consultants
    Maheshwari & Co. Advocates & Legal Consultants
  • Article

    Unveiling The Right To Challenge Assessments: Is Consent The End?

    Recent judgment of the Delhi High Court in Niraj Silk Mills & Others - 2024 (11) TMI 1361 has (re)triggered the debate over the significance of ‘consent'...
    IndiaLitigation, Mediation & Arbitration
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Zero FIRs: Explained

    The First Information Report (FIR) is the initial information recorded by a police officer about an alleged cognizable offence. Section 154 of the Code of Criminal...
    IndiaCriminal Law
    Metalegal Advocates
    Metalegal Advocates
  • Article

    Death Of The Doctor, Death Of The Claim? Supreme Court Answers A Long-Standing Question

    The Supreme Court’s decision in Kumud Lall v. Suresh Chandra Roy1 (2026) revisits a foundational yet unsettled question in Indian tort and consumer jurisprudence whether a claim...
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Contractual Claims For Profit: Liability, Causation And Quantification

    Commercial contracts are fundamentally structured around the expectation of profit, yet disputes frequently arise when anticipated returns fail to materialize due to breach, delay, or termination. This article examines the legal framework governing contractual claims for lost profits in India, distinguishing between direct profit losses from prevented completion and diminished profitability from delayed performance or missed opportunities. Through analysis of recent jurisprudence and practical illustrations
    IndiaCorporate/Commercial Law
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Review, Revision, Appeal In CPC And CrPC : Complete Analysis

    In the Indian legal system, Review, Revision, and Appeal are different remedies available to parties who have been aggrieved by a judicial order in both civil and criminal law.
    IndiaCriminal Law
    Century Law Firm
    Century Law Firm
  • Article

    The Situs: The Ever-expanding Territorial Jurisdiction Of Internet Infringements

    The Delhi High Court's recent ruling in Kohinoor Seed Fields has dramatically expanded territorial jurisdiction for online intellectual property disputes, holding that mere website accessibility is sufficient to establish jurisdiction. This decision conflicts with earlier precedents requiring purposeful targeting of customers, creating uncertainty about where IP infringement cases can be filed in India's internet era.
    IndiaIntellectual Property
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Arbitration Cannot Be Founded On Unilateral Acknowledgement: Delhi High Court Reaffirms Consent As The Basis Of Arbitral Jurisdiction

    The Delhi High Court has ruled that an acknowledgement letter containing an arbitration clause, signed by only one party and lacking evidence of mutual consent, cannot constitute a valid arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996.
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Articles 226 And 227 Of The Constitution Of India – Their Scope, Powers And Differences

    The jurisdiction of 226 and 227 is vast and has to be exercised sparingly.
    IndiaLitigation, Mediation & Arbitration
    S&A Law Offices
    S&A Law Offices
  • Article

    Boundary Disputes And Civil Court Jurisdiction: A Detailed Analysis Of Hamid Khan & Others v. Jwala Prasad & Others

    On August 31, 2026, the Allahabad High Court ruled that civil courts cannot resolve boundary demarcations of agricultural land under the guise of issuing a permanent injunction. The decision in Hamid Khan And 4 Others v. Jwala Prasad And 13 Others (Second Appeal No. 475 of 2026) set aside concurrent decrees passed by lower civil courts and reinforced the mandatory role of statutory revenue procedures in Uttar Pradesh.
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Dispute Resolution & Arbitration Monthly Update | April 2023

    Mantras Green Resources Ltd (Applicant), a company engaged in eco-friendly solutions for conservation of environment, executed a common hypothecation agreement (Agreement)...
    IndiaLitigation, Mediation & Arbitration
    HSA Advocates
    HSA Advocates
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