India: Civil Law

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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
Arbitral Award Signed, Not Stamped: The Delhi High Court In URC Construction v. Airports Authority Of India Closes The Door On Deferred Stamp Duty At The Enforcement Stage
The Delhi High Court has ruled that arbitral awards must be stamped when signed, not when enforcement is sought, closing a decades-old practice of deferred stamp duty payment. Once the one-month statutory window expires, award holders cannot cure the deficiency through unilateral deposit and must pay both deficit duty and penalty at a fixed rate, fundamentally reshaping enforcement practice for arbitration practitioners across India.
India Litigation
AP
AZB & Partners
Article
India's Supreme Court Strengthens Summary Judgment In Commercial Disputes – Is This The End Of “Putting The Obvious On Trial”?
The Supreme Court of India has issued its most comprehensive guidance on summary judgment under Order XIII-A of the Code of Civil Procedure, establishing a nine-point framework that could fundamentally reshape how commercial disputes are resolved. In Reliance Eminent Trading v. Delhi Development Authority, the Court clarified when courts should bypass full trials and decide cases at an earlier stage, potentially ending the practice of forcing parties through years of litigation when material facts are alrea
India Litigation
BA
BTG Advaya
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.
India Litigation
IL
IndiaLaw LLP
Article
Newsletter August Disputes
This newsletter examines recent Supreme Court judgments across arbitration, civil law, criminal law, insolvency, and white-collar crime. Key rulings address the binding of non-signatories to arbitration agreements, the scope of "industry" under the Industrial Disputes Act, limitations on FIR registration following Section 156(3) rejections, and the evidentiary requirements for proving bribery demands under the Prevention of Corruption Act.
India Litigation
PL
Phoenix Legal
Article
High Court Of Delhi Dismisses A Regular Second Appeal Under Section 100 Of CPC As Not Maintainable In The Absence Of A Substantial Question Of Law
The High Court of Delhi, through its judgment dated 16.06.2026 in Smt. Khatiza Begam v. Ms. Salma Khan , dismissed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (“CPC”), by relying on the settled law that the jurisdiction of the Second Appellate Court is confined to cases involving a substantial question of law and cannot be invoked for reappreciation of evidence or factual findings.
India Litigation
Sagus Legal
Article
A Benami Property Cannot Be Claimed Through A Benamidar’s Will: The Supreme Court Settles The Law
Benami transactions have long served in India as a device to circumvent statutory restrictions including property ownership and conceal beneficial ownership from tax and regulatory authorities. This mischief is well known when a person pays the consideration for a property but acquires it in the name of another, thereby separating real ownership from ostensible title.
India Litigation
Shivadass & Shivadass
Article
Discharge And Framing Of Charge Under The Bharatiya Nagarik Suraksha Sanhita 2023: Reform Or Restatement?
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Code of Criminal Procedure, 1973, raising critical questions about whether the law on discharge and framing of charges has fundamentally changed. While the substantive principles remain largely continuous with established jurisprudence, the BNSS introduces important procedural timelines and electronic hearing provisions that courts and advocates must navigate carefully. This analysis examines the continuity of legal standards, the new proc
India Criminal
KC
Kochhar & Co.
Article
Newsletter May Disputes
This newsletter examines landmark Supreme Court judgments from May 2026 across arbitration, civil law, criminal procedure, insolvency, and white-collar crime. The cases address critical questions including judicial intervention in arbitral proceedings, inter-state taxation of natural gas sales, benami property transactions, delays in judgment pronouncement, resolution plan compliance, and multiplicity of FIRs in economic offences.
India Litigation
PL
Phoenix Legal
Article
Land Administration May (2026) Land Administration Updates And Judgments
A series of Special Leave Petitions emerged from land transaction disputes in Kancheepuram district, Tamil Nadu, following a public interest litigation filed before the Madras High Court. The Supreme Court maintained a status quo order from 2018 while the original petitioner who initiated the public interest litigation remained conspicuously absent throughout all Supreme Court proceedings.
India Litigation
HS
Hammurabi & Solomon
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