India: Court Procedure

A Transfer Petition is an important procedural remedy through which the Supreme Court of India ensures that justice is administered fairly and conveniently. The power to transfer proceedings from one court to another is exercised to prevent miscarriage of justice, avoid conflicting judgments, ensure impartiality, and reduce hardship to litigating parties.

The dispute traces back to a loan availed by S. Murugesan, sole proprietor of M/s Shiv Shankar Agencies, from the secured creditor in 1984. To secure the facility, G. Ramanujam stood as guarantor and mortgaged his immovable property in favour of the secured creditor.

The Supreme Court of India has revisited the interplay between consumer protection legislation and arbitration law, examining whether consumer complaints can be referred to arbitration when an arbitration clause exists in the underlying agreement. This landmark judgment interprets the proviso to Section 12(4) of the Consumer Protection Act, 1986, establishing that once a consumer complaint is admitted, the statutory scheme prohibits its transfer to any other adjudicatory forum, including arbitral tribunals.

In a recent pronouncement, the Chennai Bench of the National Company Law Appellate Tribunal, comprising Justice Sharad Kumar Sharma (Judicial Member) and Mr. Jatindranath Swain (Technical Member), dismissed a company...

When a challenge to an arbitral award is filed within limitation but suffers from fundamental defects, can such defects be cured through re-filing after the limitation period expires? This analysis examines the judicial evolution of the non-est filing doctrine under Section 34 of the Arbitration and Conciliation Act, 1996, exploring how courts distinguish between curable procedural irregularities and fatal substantive defects that render a filing legally non-existent.

The Supreme Court has drawn a critical distinction in insolvency proceedings between appeals that are merely defective and those that are fundamentally incompetent from inception. When a suspended director files an appeal in the name of a corporate debtor after commencement of CIRP, can such a filing be cured through amendment, or does it represent a void proceeding that cannot be salvaged even within the limitation period?

The interplay between the rights of secured creditors, the statutory protections afforded to borrowers under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002...

The interface between statutory procedural safeguards in food safety legislation and the inherent powers of the High Court under the Code of Criminal Procedure remains a vital area of criminal jurisprudence...

The Supreme Court of India has clarified the interplay between Sections 33 and 34(3) of the Arbitration and Conciliation Act, 1996, establishing that the limitation period for challenging an arbitral award is deferred regardless of the nature or outcome of correction applications filed under Section 33. This landmark ruling addresses whether parties must file simultaneous remedies or can await tribunal decisions on correction applications before initiating challenge proceedings.