India: Court Procedure

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Article
Whether Arbitration Has Proven To Be An Alternative To Court Litigation?
When commercial negotiations fail, parties face a critical choice: pursue traditional court litigation or opt for arbitration. India's Arbitration and Conciliation Act, 1996 established a comprehensive framework for alternative dispute resolution, but has arbitration truly delivered on its promise as an effective alternative? This analysis examines the practical realities, statutory provisions, and comparative advantages of arbitration versus conventional litigation in the Indian legal system.
India Litigation
AL
Anhad Law
Article
Passport Is A Civil Document, Mere Pendency Of Criminal Case Prima Facie Not Ground To Withhold It: Allahabad High Court
In Mohd. Aftab v. Union of India and others, the Allahabad High Court, by an interim order dated September 14, 2026, observed that passport authorities have, prima facie, no business denying a passport merely because a criminal case is pending against the applicant. The Bench of Justice J.J. Munir and Justice Indrajeet Shukla also clarified that holding a passport does not give a person a spontaneous passage across borders.
India Criminal
IL
IndiaLaw LLP
Article
When Should A Business Choose Arbitration Over Commercial Litigation? Key Considerations For Employers
Business disputes often require formal resolution mechanisms when negotiation fails. Understanding the key differences between arbitration and commercial litigation—including costs, confidentiality, enforceability, and arbitrability—helps employers make informed decisions about which dispute-resolution route best serves their commercial interests under India's Arbitration and Conciliation Act, 1996.
India Litigation
AL
Anhad Law
Article
When Does The Internet Create Territorial Jurisdiction? Re-thinking The Geography Of IP Litigation In India
The Delhi High Court's reference to a Larger Bench examines a fundamental question: when does online commercial activity establish territorial jurisdiction in intellectual property disputes? As digital commerce erases traditional geographical boundaries, courts must determine whether website accessibility, targeted advertising, or completed transactions create sufficient legal nexus with a particular forum.
India Litigation
HS
Hammurabi & Solomon
Article
Arrest – Order Under Section 69 Needs To Be Communicated To The Person Before Arrest
The Supreme Court has established critical procedural requirements for arrests under the CGST Act, mandating that orders under Section 69 must be communicated to the accused before arrest to protect their right to seek anticipatory bail. This landmark ruling addresses the balance between investigative powers and fundamental rights to liberty, while also clarifying limitations on interim relief when pre-arrest bail petitions are dismissed as non-maintainable.
India Tax
LS
Lakshmikumaran & Sridharan
Article
The Limitation Clock On Money Recovery: Understanding Article 113, Acknowledgment And Extension Under Indian Law
Understanding the critical timelines and legal frameworks governing money recovery suits in India requires navigating the complex interplay between the Limitation Act of 1963 and the Indian Contract Act of 1872. When does the clock actually start ticking on your right to sue, and how can acknowledgments or digital evidence extend or restart that crucial three-year window?
India Litigation
MC
MAHESHWARI & CO. Advocates & Legal Consultants
Article
How Pre-Litigation Advisory Is Relevant For A Business Before Initiating Commercial Litigation
Commercial disputes can have significant financial and operational consequences for businesses. Pre-litigation advisory involves evaluating a potential dispute before formal legal proceedings are initiated, helping clarify the legal position, assess available remedies, preserve evidence, evaluate commercial risks and determine whether litigation is the most appropriate course of action.
India Litigation
AL
Anhad Law
Article
Pre-deposit In Cases Involving Only Penalty – Amendment In Section 107(6) w.e.f. 1 October 2025, Requiring Pre-deposit, Is Not Applicable Where SCN Was Issued Earlier
The Delhi High Court has ruled on a critical procedural question regarding the applicability of the 10% pre-deposit requirement for GST penalty appeals. The case examines whether amendments to Section 107(6) of the GST Act apply retrospectively to show cause notices issued before October 1, 2025, and explores the principles of vested appellate rights in tax proceedings.
India Tax
LS
Lakshmikumaran & Sridharan
Article
High Court Of Punjab & Haryana Holds That Moratorium Under The IBC Does Not Bar The Criminal Proceedings Against The Directors Under The NI Act
The High Court of Punjab and Haryana through its judgment dated 20.07.2026 in Ajay Gupta and Another v. Can Bank Factors Limited dismissed a Petition filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of criminal proceedings under Sections 138 and 141 of the Negotiable Instruments Act, 1881 on the ground that insolvency proceedings had been initiated against the company under the IBC.
India Criminal
Sagus Legal
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