India: Court Procedure

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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
Dynamic Justice: How "Dynamic+" Injunctions Are Reshaping Fraud Litigation
India's digital economy has created millions of new retail investors, but it has also opened the door to sophisticated fraudsters who impersonate banks, fintechs, and investment firms across messaging platforms. As these scams threaten not just individual victims but entire institutions through regulatory scrutiny and brand damage, Indian courts are evolving their approach from reactive measures to proactive infrastructure dismantling. With artificial intelligence now enabling hyper-realistic deepfakes and
India Litigation
BA
BTG Advaya
Article
Child Welfare Over Procedural Rigidity: Delhi High Court On CARA’s NOC In HAMA Adoption Involving OCI Parents And Expatriate Adoption
The Delhi High Court addressed a complex adoption case involving OCI parents residing in Australia who adopted a child under the Hindu Adoptions and Maintenance Act, 1956. When CARA refused to issue a No Objection Certificate citing non-compliance with inter-country adoption procedures, the Court was forced to reconcile procedural requirements with the practical reality that Australia classified the adoption as "expatriate" rather than inter-country, making standard compliance impossible.
India Family
IL
IndiaLaw LLP
Article
Section 8 Application Filed After 11 Months Of First Appearance Held Time-Barred: Calcutta High Court
The Calcutta High Court examined whether a bank's application for arbitration, filed 11 months after first appearance and without submitting a written statement, constituted a waiver of arbitration rights under the Arbitration and Conciliation Act, 1996. The case arose from a business loan dispute where the borrower claimed full settlement while the lender demanded additional amounts, raising critical questions about the temporal limits for invoking arbitration clauses in civil suits.
India Litigation
IL
IndiaLaw LLP
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