India: Court Procedure

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.

The Supreme Court has held that a residential sale deed pertaining to land situated in an adjoining village cannot be relied upon to determine compensation for industrial...

The dispute arose out of a works contract wherein the work was completed on 30.07.2000. The Respondent issued a notice invoking arbitration only on 02.06.2022, i.e., after a lapse of more than two decades. The High Court, in proceedings under Section 11 of the Arbitration and Conciliation Act, 1996, held that due to ambiguity in the contract and the absence of a final determination by the Engineer-in-Charge, the claim could not be treated as time-barred and proceeded to appoint an arbitrator.

The Supreme Court has reaffirmed foundational principles of arbitration law in a landmark decision involving a municipal octroi collection contract dispute.

Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”) was introduced to enhance the credibility of cheque-based transactions and ensure financial discipline in commercial dealings by criminalising the dishonour of cheques issued towards the discharge of legally enforceable debts.

The Supreme Court of India has applied the principle of 'transnational issue estoppel' in foreign arbitral award enforcement proceedings, preventing parties from relitigating issues already decided by seat courts.

The Jharkhand High Court has delivered a landmark judgment addressing the State's two-decade failure to operationalize the statutory office of the Adjudicating Officer under the Information Technology Act, 2000.

The Supreme Court of India has delivered a landmark ruling clarifying the threshold for rejecting insolvency applications under Section 9 of the Insolvency and Bankruptcy Code, 2016. In GLS Films Industries Private Limited v. Chemical Suppliers India Private Limited, the apex court addressed whether appellate tribunals can conduct mini-trials to evaluate the merits of pre-existing disputes, or whether they must simply confirm the existence of a plausible dispute. This judgment reinforces critical safeguards

The Motor Vehicles Act of 1988 functions as a critical piece of beneficial legislation, designed to provide immediate financial succor to the dependents of victims of fatal road accidents.