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 Holds That Admission Of Debt By A Resolution Professional Does Not Amount To Acknowledgment Of Liability Under Article 18 Of The Limitation Act, 1963 And The Time Period Of Earlier CIRP Proceedings Against A Corporate Debtor Is To Be Excluded While Computing The Limitation Period Under Article 137 Of The Limitation Act, 1963
In the present matter, the date of default for the debt availed by the Corporate Debtor (“CD”) from Dewan Housing Finance Limited (“DHFL”) was 06.12.2016. However, DHFL itself was admitted into CIRP on 03.12.2019.
India Insolvency
Sagus Legal
Video
False Affidavits & Personal Liberty: Supreme Court Pulls Up Police (Video)
In Anwar Hussain v. State of Madhya Pradesh, the Supreme Court of India delivers a strong message on state accountability and protection of personal liberty under Article 21. The Court found that false criminal antecedents were wrongly attributed to the petitioner in a bail matter, rejecting the State’s “computer error” explanation and calling it a serious lapse affecting a citizen’s liberty.
India Criminal
IL
IndiaLaw LLP
Article
Streamlining Cheque Bounce Litigation: The Supreme Court’s Deepening In Sanjabij Tari v. Kishore S. Borcar.
The Supreme Court of India in its recent decision in Sanjabij Tari vs. Kishore S. Borcar and anr. , effectively reiterates and clarifies the legal position under Section 138 of the Negotiable Instruments Act, 1881 (NI Act). The judgment deals with several key aspects, including: (i) the scope and strength of the statutory presumptions under Sections 118 and 139, (ii) how and to what extent an accused can challenge the complainant’s financial capacity, (iii) the limited grounds on which revisional courts can interfere with concurrent findings, and (iv) broader directions issued to tackle the growing backlog of cheque dishonour cases.
India Litigation
Saga Legal
Article
Wages, Welfare And Writ Jurisdiction: What Teekay Shipping V. Union Of India Means For The Maritime Industry
The decision of the Bombay High Court, in Teekay Shipping (India) Private Limited v. Union of India & Ors., addresses several critical issues related to maritime employment disputes such as the delayed payment of death compensation, the limits of jurisdictional objections raised at a late stage, and the Indian court’s approach to Indian entities that operate as functional components of foreign shipping structures.
India Transport
DL
Dentons Link Legal
Article
In "Fraud" Determination, No Right Of Personal Hearing But Sc Ensures Right To Audit Reports
The Hon'ble Supreme Court has recently on 7th April 2026 clarified the scope of procedural safeguards available to borrowers before their accounts are classified as "fraud" under the Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions, 2016 ("Master Directions, 2016") and Reserve Bank of India (Fraud Risk Management in Commercial Banks and All India Financial Institutions Directions, 2024 ("Master Directions, 2024").
India Criminal
DL
Dentons Link Legal
Article
The Bombay High Court Holds That Service Bonds, Contractual Obligations, Or Administrative Instructions Cannot Curtail Fundamental Right To Maternity Leave
In a recent ruling, the Division Bench of the Bombay High Court, Nagpur Bench (“Bombay HC”) in Dr. Meenakshi Muthiah v. State of Maharashtra1, observed that the right to maternity leave is an integral facet of a woman’s fundamental right to life under Article 21 of the Constitution of India,1950 (“Constitution”) and cannot be curtailed by service bonds, contractual obligations, or administrative instructions. The Bombay HC emphasised that maternity leave cannot be treated as a break in service and that penalising a woman for availing maternity leave would undermine the dignity of motherhood and the constitutional mandate of social justice.
India Employment
J
JSA
Article
Supreme Court Of India Holds That Objection To Improper Constitution Of Arbitral Tribunal Cannot Be Raised After Participation In Proceedings
The Supreme Court of India ("Supreme Court") in Municipal Corporation of Greater Mumbai vs. R.V. Anderson Associates Limited1 considered whether a party that participates in arbitral proceedings without raising a timely objection can subsequently challenge the arbitral award on the ground that the arbitral tribunal was improperly constituted.
India Litigation
J
JSA
Article
Finality Without Borders: The Supreme Court Of India Embraces Transnational Issue Estoppel In Foreign Award Enforcement
In Nagaraj V. Mylandla v. PI Opportunities Fund-I & Ors. [Special Leave Petition (Civil) Nos. 31866-68 of 2025] (‘Nagaraj V. Mylandla Case’), the Supreme Court of India grappled for the first time with the doctrine of ‘transnational issue estoppel’. Its endorsement of the doctrine in the context of enforcement proceedings under Section 48 of the Arbitration and Conciliation Act, 1996 (‘the Arbitration Act’) places India squarely within a growing international consensus: awards that have withstood challenge at the seat should not be relitigated on the merits at the enforcement stage.
India Litigation
SO
S&A Law Offices
Article
The Supreme Court Of India Grants Relief To Wind Power Generators Holding That Generation Based Incentive Must Be Disbursed To Generating Companies Over And Above The Tariff
The Supreme Court of India (“Supreme Court”) in the case of Southern Power Distribution Company of Andhra Pradesh Limited and Anr. vs. Green Infra Wind Solutions Limited and Ors1 has dismissed civil appeals filed by the distribution licensees of Andhra Pradesh (“AP Discoms”) while holding that Generation-Based Incentive (“GBI”) granted by a Central Government Policy to wind power generators cannot be taken away by a State regulator and re-distributed to distribution licensee’s consumers by factoring the incentive into generation tariff.
India Energy
J
JSA
Article
Beyond The Complaint: Expanding The High Court’s Power To Quash Frivolous Criminal Proceedings
The Supreme Court of India (“Supreme Court”) in Sujoy Ghosh vs. State of Jharkhand and Anr.1, delivered a significant ruling reiterating that where quashing of criminal proceedings is sought on the ground that the complaint is frivolous, vexatious, or malicious, the court is not confined to the bare averments in the complaint/First Information Report (“FIR”). It may examine the attendant circumstances and materials on record (including undisclosed or exculpatory material) to determine whether a prima facie offence is genuinely made out or whether the proceedings amount to an abuse of process.
India Litigation
J
JSA
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