India: Court Procedure

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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
Demand – Limitation For Issuance Of Orders – Order ‘Issued’ Within Limitation Period But ‘Served’ Thereafter Is Legitimate
The Calcutta High Court has ruled on a critical distinction in GST proceedings regarding the timing requirements for demand orders under Section 73 of the CGST Act. When an order is digitally signed within the limitation period but uploaded to the portal after the statutory deadline, does this constitute a valid issuance or a procedural violation that invalidates the demand?
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
Video
SARFAESI Appeals & Pre-Deposit: Calcutta High Court On OTS Orders | Podcast Bites (Video)
The Calcutta High Court's ruling in Jainco Projects (India) Limited v. UCO Bank examines critical procedural requirements for SARFAESI appeals, specifically addressing the interplay between One Time Settlement orders and mandatory pre-deposit provisions. This decision clarifies when borrowers can challenge debt recovery actions and what financial obligations must be met before appellate tribunals will hear their cases.
India Finance
IL
IndiaLaw LLP
Article
No GST On Assignment Of Leasehold Rights In Land And Building – Supreme Court Dismisses Department’s Appeal
The Supreme Court of India has dismissed the Revenue department's appeal against a Gujarat High Court ruling that held assignment of leasehold rights of industrial plots and buildings is not subject to GST. The High Court had determined that such transfers constitute immovable property transactions rather than taxable services, applying principles from the previous service tax regime to the current GST framework.
India Tax
LS
Lakshmikumaran & Sridharan
Article
Criminal Proceedings Cannot Continue After DRT-Approved Loan Settlement
In a notable judgment dated May 29, 2026, a Division Bench of the Supreme Court of India comprising Hon’ble Justices BV Nagarathna and Ujjal Bhuyan in Vijay Kumar Kela & Anr. v. CBI & Anr. quashed criminal proceedings initiated by the Central Bureau of Investigation (“CBI”) against a borrower whose loan account dues had already been settled through a compromise approved by the Debt Recovery Tribunal (“DRT”).
India Criminal
SR
S.S. Rana & Co. Advocates
Article
Contractual Claims For Profit: Liability, Causation And Quantification
Commercial contracts are fundamentally structured around the expectation of profit, yet disputes frequently arise when anticipated returns fail to materialize due to breach, delay, or termination. This article examines the legal framework governing contractual claims for lost profits in India, distinguishing between direct profit losses from prevented completion and diminished profitability from delayed performance or missed opportunities. Through analysis of recent jurisprudence and practical illustrations
India Commercial
LS
Lakshmikumaran & Sridharan
Article
Jurisdiction Of Principal Bench Of GST Appellate Tribunal: Statutory Framework And Early Judicial Signals
The Goods and Services Tax Appellate Tribunal's Principal Bench has begun operations, but jurisdictional boundaries between it and State Benches remain unclear. Recent contradictory orders reveal uncertainty about when the Principal Bench can hear appeals that don't fall within its statutorily designated categories, raising critical questions for taxpayers seeking timely appellate remedies.
India Tax
LS
Lakshmikumaran & Sridharan
Article
NCLAT Sets Aside Abuse Of Dominance Order Against Grasim On Natural Justice Grounds
The National Company Law Appellate Tribunal overturned a Competition Commission of India decision that had penalized Grasim Industries approximately INR 300 crore for alleged abuse of dominance in the Viscose Staple Fibre market. The tribunal found that CCI violated natural justice principles by disagreeing with investigation findings without providing notice or hearing to Grasim, leading to a complete remand of the matter.
India Anti-trust
AP
AZB & Partners
Article
Delhi High Court Declines To Interfere In CCI’s Investigation Into Collusive Labour-Market Practices
The Delhi High Court upheld the Competition Commission of India's decision to investigate alleged labour-related coordination in the fragrances industry, despite International Flavors and Fragrances Inc.'s challenge on limitation grounds. The court found that the CCI had adequately recorded reasons for condoning the delay in filing the complaint and that initiating an investigation was merely an administrative action.
India Anti-trust
AP
AZB & Partners
Article
Healthcare Services Through Another Hospital Are Also Exempt; Classification Of Service Must Follow Its Substance
The Karnataka High Court examined whether healthcare services provided by a medical enterprise to patients through a contractual arrangement with another hospital qualify for GST exemption. The Revenue department argued for an 18% tax rate, while the assessee claimed exemption under healthcare service provisions. The Court's decision hinged on interpreting the legislative intent behind healthcare exemptions and determining whether service classification should follow contractual form or substantive nature.
India Tax
LS
Lakshmikumaran & Sridharan
Video
Foreign Decree Execution In India | Law Podcast Ep. 1 (Video)
This podcast episode examines the intricate legal framework governing the enforcement of foreign court judgments and decrees in Indian courts. Advocate Brian Noronha analyzes the landmark Supreme Court ruling in Griesheim GMBH v. Goyal MG Gases (P) Ltd., exploring the specific procedural requirements and legal mechanisms that international litigants must navigate when seeking enforcement in India.
India International
IL
IndiaLaw LLP
Article
HSA | Dispute Resolution & Arbitration Monthly Update | June 2026
The Supreme Court of India and High Courts deliver significant rulings on arbitration, criminal procedure, land acquisition, and GST matters. Key decisions address incorporation of arbitration clauses by reference, mandatory pre-cognizance hearings under BNSS, execution of specific performance decrees, limitation periods for challenging arbitral awards, and GST applicability on leasehold rights assignments.
India Litigation
HA
HSA Advocates
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