India: Court Procedure

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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
IBC Update - Removal Of Interim Moratorium For Personal Guarantors Apples To Pending Proceedings
The Bombay High Court recently addressed a critical question regarding the temporal application of Section 96(4) of the Insolvency and Bankruptcy Code, which removed the interim moratorium protection for personal guarantors of corporate debtors. The ruling clarifies whether this amendment applies only to fresh applications filed after its enactment or extends to insolvency proceedings that were already pending when the law changed. This decision has significant implications for creditors seeking to pursue p
India Insolvency
MH
Mansukhlal Hiralal & Co.
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
Article
Supreme Court Reaffirms The Primacy Of Consumer Jurisdiction: Admitted Consumer Complaints Cannot Be Referred To Arbitration
The Supreme Court of India has revisited the interplay between consumer protection legislation and arbitration law, examining whether consumer complaints can be referred to arbitration when an arbitration clause exists in the underlying agreement. This landmark judgment interprets the proviso to Section 12(4) of the Consumer Protection Act, 1986, establishing that once a consumer complaint is admitted, the statutory scheme prohibits its transfer to any other adjudicatory forum, including arbitral tribunals.
India Litigation
I
CMS INDUSLAW
Article
SC Recognises And Applies Principle Of Transnational Issue Estoppel In Foreign-Award Enforcement Proceedings
The Supreme Court of India has applied the doctrine of 'transnational issue estoppel' in a landmark ruling, establishing that parties cannot re-litigate issues already decided by foreign courts when challenging foreign award enforcement in India. This decision addresses the critical intersection of international arbitration, foreign judgments, and domestic enforcement proceedings.
India Litigation
AP
AZB & Partners
Article
SC Holds That Granting Interim Reliefs To Unsuccessful Party In Arbitration Should Be Done Only In Rare And Compelling Cases
The Supreme Court has clarified the scope of interim relief available under Section 9 of the Arbitration and Conciliation Act, 1996, addressing whether unsuccessful parties in arbitration proceedings retain the right to seek protective measures post-award. This landmark ruling examines the interpretation of 'a party' under the statutory framework and establishes the stringent standards courts must apply when evaluating such applications from parties who did not prevail in arbitration.
India Litigation
AP
AZB & Partners
Article
Menstrual Leave Update By Karnataka HC
The Karnataka High Court has directed strict implementation of the state's menstrual leave policy, which mandates one day of paid leave per month for women employees across various sectors. While the court has ordered the government to operationalize the policy through administrative guidelines, the matter remains legally contested with pending writ petitions challenging the validity of the menstrual leave order before the Principal Bench.
India Employment
AP
AZB & Partners
Video
Can Authorities Require An Embassy NOC For An Inter-National Marriage? Kerala HC Clarifies This. (Video)
The Kerala High Court's ruling in Vinu Vikraman v. State of Kerala addresses a critical question about marriage documentation requirements under the Special Marriage Act, 1954. Can a Marriage Officer legally demand an Embassy-issued No Objection Certificate when an Indian citizen seeks to marry a foreign national, or does this requirement exceed statutory authority?
India Family
IL
IndiaLaw LLP
Article
Glucometers Are Classifiable Heading 9027 And Not Under Heading 9018 Of Customs Tariff – Use In Field Of Medicine Is Not Material
The CESTAT Mumbai has clarified the customs classification dispute surrounding glucometers, determining whether these portable blood glucose measurement devices belong under medical instruments or chemical analysis apparatus in the Customs Tariff Act, 1975. The Tribunal's decision hinges on the fundamental operational principle of glucometers and establishes important precedent for classifying devices that serve both analytical and medical purposes.
India International
LS
Lakshmikumaran & Sridharan
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