India: Trials & Appeals & Compensation

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
Signing Is Not Always Issuance: Examining The Limitation Requirement Under GST
The Calcutta High Court recently examined whether a GST adjudication order signed on the last permissible date but communicated to the assessee one day later should be considered time-barred. The court's interpretation of 'issuance' versus 'communication' under Sections 73 and 169 of the CGST Act raises important questions about limitation compliance and procedural transparency in GST litigation.
India Tax
LS
Lakshmikumaran & Sridharan
Article
Judicial Review Vs. Electoral Continuity: Understanding The Constitutional Balance
The Supreme Court of India reaffirmed the constitutional principle that judicial intervention must not disrupt ongoing electoral processes, dismissing a writ petition challenging the rejection of a Rajya Sabha nomination. The judgment reinforces that election-related disputes can only be challenged through election petitions after the electoral process concludes, maintaining the balance between judicial review and electoral continuity under Article 329(b) of the Constitution.
India Litigation
IL
IndiaLaw LLP
Article
The Double-Edged Sword Of IP Enforcement: The Future Of Criminal Copyright Litigation Under The BNSS Framework
Intellectual property law is fundamentally a tightrope act. On one side, the legal framework must aggressively shield the exclusive rights of creators and innovators secure the commercial dividends of their labor. On the other side, the law must prevent the monopolization of ideas from stifling follow-on innovation and legitimate commerce.To maintain this delicate equilibrium, India’s Copyright Act, 1957 , equips rightsholders with two distinct arsenals.
India IP
VA
Vaish Associates Advocates
Article
Supreme Court Held That Imposition Of Moratorium On A Company Is Not A Ground To Reject Complaints Against The Promoters/ Directors Of The Company
Supreme Court through its judgment dated 27.07.2026 in the matter of Tejas J Shah & Amisha T Shah v. Mantri Technology Constellations Private Limited (Now Known as Buoyant Technology Constellations Private Limited)[1] held that imposition of moratorium on a company under Section 14 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) is not a ground to reject consumer complaints against the promoters/ directors of the company.
India Commercial
Sagus Legal
Article
AI - LLM’s Training – Copyright & Fair Dealing
On 24 July 2026, a single judge of the Delhi High Court, Justice Amit Bansal, delivered a judgment on whether training a large language model (LLM) on copyrighted content results in copyright infringement. The judgment, delivered after 32 hearings, dismissed ANI’s application demanding an interim injunction, holding that OpenAI’s storage of ANI’s literary works and copyrighted content for training falls within the ambit of Section 52(1)(a) of the Copyright Act, 1957, and that the outputs given by ChatGPT were not the same or substantially similar to ANI’s news content.
India IP
VA
Vaish Associates Advocates
Article
The Law Comes Full Circle On The Issue Of Ex Post Facto Environmental Clearance
In Vanashakti v Union of India, 2026 INSC 761 a three-judge bench of the Supreme Court pursuant to review proceedings settled the long-contested issue of ex post facto Environmental Clearance (EC) granted under the Environment Impact Assessment Notification, 2006 (EIA Notification, 2006). The Court held that the prior EC regime is mandatory in nature and upheld the validity of the 2017 Notification issued by the Ministry of Environment, Forest and Climate Change (MoEFCC) as a time bound amnesty scheme, and struck down the 2021 Office Memorandum (2021 OM) as an impermissible administrative action with prospective effect. The Court passed a common judgment and order in a group of petitions.
India Environment
KC
Khaitan & Co LLP
Article
Kerala High Court Clarifies Compulsory Registration Of Foreign-Executed Powers Of Attorney: Section 17(1)(g) Prevails Over Procedural Compliance
The Kerala High Court, in a significant ruling delivered on 13 July 2026 by a Division Bench comprising Dr. Justice A.K. Jayasankaran Nambiar and Mrs. Justice Preeta A.K., has clarified the interplay between compulsory registration requirements and procedural authentication norms under the Registration Act, 1908. Through Writ Appeal Nos. 203 and 1354 of 2022, the Court addressed a question of substantial practical importance: whether a power of attorney executed abroad by non-resident principals in favour of an attorney in India.
India Litigation
IL
IndiaLaw LLP
Article
When Words Speak Louder Than Evidence: Supreme Court Overturns NI Act Conviction Based On Patent Cheque Tampering
The Supreme Court of India, in a criminal appeal decided on 17 July 2026 by a Bench comprising Justice Sanjay Kumar and Justice Sanjeev Sachdeva, has set aside a long chain of concurrent convictions under Section 138 of the Negotiable Instruments Act, 1881, on the ground that the cheque in question was materially altered. The case, arising out of Special Leave Petition (Criminal) No. 17025 of 2025, highlights the fundamental principle that a materially altered negotiable instrument cannot form the basis of criminal liability for its dishonour.
India Criminal
IL
IndiaLaw LLP
Article
Supreme Court Affirms Validity Of Section 16(2)(c): ITC Is Admissible Only Where The Supplier Has Actually Remitted Tax To The Government, Provision Held Neither Arbitrary Nor Unconstitutional
A batch of writ petitions led by Maruti Enterprise challenged the constitutional validity of Section 16(2)(c) of the CGST Act, 2017 before the Hon’ble Gujarat High Court. The petitioners had been denied Input Tax Credit ("ITC") in cases where the supplier had failed to deposit the GST collected from them with the Government, despite the purchasers having paid the full invoice value including GST and having undertaken bona fide transactions.
India Tax
AC
Aurtus Consulting LLP
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