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
Supreme Court Restricts Scope Of Revision Under Section 264 Denying Admissibility Of Claim Not Made In The Return
Income Tax Act, 1961 (‘the Act’) is governed by the fundamental rule that an assessee is required to pay only such tax as is lawfully due; the principle emanates from the mandate of Article 265 of the Constitution of India which provides that no tax can be recovered/ retained contrary to the provisions of the statute. This legal doctrine has found repeated acceptance and reiteration by the Apex Court in cases such as Mafatlal Industries and Shelly Products.
India Tax
VA
Vaish Associates Advocates
Article
Supreme Court Clarifies Applicability Of SARFAESI Remedies For A Secured Creditor Who Acquires An NPA From A Non-notified NBFC
In Kotak Mahindra Bank Limited v Trupti Sanjay Mehta and Others, 2026 INSC 943 (Kotak Mahindra), the Hon’ble Supreme Court of India considered whether a bank as defined under Section 2(1)(c) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) could invoke the provisions of the SARFAESI Act to recover a secured debt acquired from an entity which was not covered under the ambit of the SARFAESI Act at the time of disbursement of the loan.
India Finance
KC
Khaitan & Co LLP
Article
Legal Implications Of Technical Write-Off And Avoidance (PUFE) Applications In Insolvency Proceedings
The Insolvency and Bankruptcy Code, 2016 (“IBC”)1 represents a watershed in India’s corporate insolvency framework. It seeks to consolidate laws relating to insolvency and ensure time-bound resolution of distressed entities while protecting the value of assets and promoting equitable treatment of creditors. Parallel to the IBC regime, the Reserve Bank of India (“RBI”) regulates the manner in which banks and financial institutions treat non-performing assets in their books of account.
India Insolvency
ML
MZM Legal
Article
Bar On Extension Of Insurance Cover Without Premium: The Supreme Court On The "Statutory Embargo" Under Section 64VB In New India Assurance Co. Ltd. Vs. Louis Dreyfus Commodities India Pvt. Ltd.
The Supreme Court, in the case of New India Assurance Co. Ltd. & Ors. vs. M/s Louis Dreyfus Commodities India Pvt. Ltd. (2026 INSC 876) ('New India Assurance vs. Louis Dreyfus'), has held that where an insurance policy covers turnover on a running annual basis, the insurer cannot be held liable for a loss that occurs after the insured's actual turnover has exceeded the turnover for which premium has already been paid, even where the policy itself is expressed as an annual turnover based cover.
India Insurance
KS
King, Stubb & Kasiva
Article
Supreme Court Clarifies Exceptional Scope Of Relief Under Section 9 Pending Challenge To Arbitral Award
Argus Partners maintains offices in three major Indian cities - Mumbai, New Delhi, and Bengaluru - providing legal services across the country. The firm's strategic presence in these key metropolitan areas enables comprehensive coverage of India's primary business and commercial centers. Contact information and physical addresses are provided for each location to facilitate client engagement.
India Litigation
AP
Argus Partners
Article
SEBI’s Consultation Paper On Settlement And The Blind Spot
Settlement framework is meant to offer predictability and finality, and SEBI's Consultation Paper reflects a genuine, welcome effort to strengthen exactly that. This piece raises a few questions in that same spirit. Could an entity that has settled a default with SEBI still remain exposed to a fine by a stock exchange, exercising power that SEBI itself has delegated, for the very same default?
India Commercial
CP
Corporate Professionals
Article
Can A Resolution Applicant Withdraw Or Renegotiate After CoC Approval? Supreme Court Clarifies
The Insolvency and Bankruptcy Code, 2016 (“IBC” or “Code”) seeks to provide for a time-bound resolution of corporate insolvency, maximisation of the value of assets and balancing the interests of stakeholders. A crucial component of this framework is the Committee of Creditors (“CoC”), which evaluates and approves resolution plans in accordance with its commercial wisdom.
India Insolvency
KS
King, Stubb & Kasiva
Article
The Crime Times - Newsletter - August 2026 Edition
This issue examines a consistent judicial theme in contemporary criminal law: coercive powers must be exercised strictly within statutory and constitutional limits. The Delhi High Court has clarified that Look Out Circulars cannot be used as instruments of debt recovery. Mere loan default or financial distress, without allegations of fraud or serious economic wrongdoing, cannot justify restricting the fundamental right to travel abroad. Similarly, the Supreme Court has cautioned against continuing criminal proceedings arising from a predominantly commercial dispute after a settlement has been fully implemented and recognised by the Debt Recovery Tribunal.
India Criminal
VA
Vaish Associates Advocates
Article
Supreme Court Clarifies That A Masked Rear Number Plate Does Not Amount To Cheating Under Section 420 IPC
In a recent pronouncement delivered on 28 July 2026, the Supreme Court of India, comprising Justice Sanjay Karol and Justice Augustine George Masih, addressed a recurring question that troubles trial courts and High Courts alike: at what point does a minor regulatory infraction under motor vehicle legislation transform into the graver offence of cheating under the Indian Penal Code.
India Criminal
IL
IndiaLaw LLP
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