India: Trials & Appeals & Compensation

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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
Mere General Reference To Tender Documents Does Not Incorporate An Arbitration Clause Into The Contract
In a recent ruling , the Supreme Court examined whether a Letter of Intent (LOI), read together with tender documents containing an arbitration clause, was sufficient to constitute a concluded contract and a valid arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996. The appeal arose from an order of the Bombay High Court appointing a sole arbitrator under Section 11 of the Act.
India Litigation
C
Clasis Law
Article
High Court Of Delhi Holds That Writ Court Cannot Re-appreciate Evidence Or Interfere With Findings Of A Domestic Enquiry In The Absence Of Violation Of Principles Of Natural Justice In The Decision-making Process
The High Court of Delhi, through its judgment dated 06.07.2026 in Uday Narayan Shukla v. Govt. of NCT of Delhi & Ors. , while reiterating the limited scope of judicial review under Article 226 of the Constitution, dismissed a writ petition challenging an award of the Labour Court, upholding dismissal of employee from the service.
India Government
Sagus Legal
Article
Balancing Statutory Remedies And Constitutional Jurisdiction: Analysis Of The SC Judgment In Jindal Steel And Power Ltd. & Anr. v. Bansal Infra Projects Pvt. Ltd. & Ors.
The interplay between the supervisory jurisdiction of the High Court under Article 227 of the Constitution of India and the statutory appellate remedy under Section 37 of the Arbitration and Conciliation Act, 1996 (“the Act”) has for long been a contentious issue before Indian Courts.
India Litigation
SO
S&A Law Offices
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
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
High Court Of Delhi Holds That Writ Jurisdiction Cannot Be Invoked To Bypass Statutory Remedies
The High Court of Delhi, through its judgment dated 17.06.2026 in Anuj Goyal v. National Company Law Tribunal, New Delhi & Ors. , dismissed a writ petition by holding that High Courts ought to ordinarily refrain from invoking their extraordinary jurisdiction under Articles 226 and 227 of the Constitution, where proceedings are pending before the competent tribunal.
India Litigation
Sagus Legal
Article
When An Appeal Is Void From Inception: Supreme Court Clarifies The Position Under The IBC
The Supreme Court has drawn a critical distinction in insolvency proceedings between appeals that are merely defective and those that are fundamentally incompetent from inception. When a suspended director files an appeal in the name of a corporate debtor after commencement of CIRP, can such a filing be cured through amendment, or does it represent a void proceeding that cannot be salvaged even within the limitation period?
India Insolvency
HS
Hammurabi & Solomon
Article
High Court Of Delhi Held That A Garnishee Order Cannot Be Passed In The Absence Of A Crystallised Or Admitted Liability
The High Court of Delhi, through its judgment dated 15.06.2026 in NBCC India Limited v. GNC Infra LLP & Anr., allowed a petition challenging an order directing NBCC India Limited to deposit the suit amount before the Trial Court, holding that a garnishee order cannot be passed unless there exists a crystallised or admitted liability of the garnishee towards the judgment-debtor.
India Litigation
Sagus Legal
Article
Supreme Court Clarifies That An Appointment “Until Further Orders” Does Not Create A Vested Right To Complete The Tenure
In an important judgment on service law and government employment, the Supreme Court has reaffirmed that an employee appointed for a fixed tenure subject to the condition “until further orders” cannot claim an enforceable right to continue for the entire tenure merely because the appointment order mentions a specified term...
India Litigation
KS
King, Stubb & Kasiva
Article
Arbitrator's Power To Award Interest: Prohibitory Clauses
Section 31(7) of the Arbitration and Conciliation Act, 1996 (“the Act”) governs arbitrator's power to award interest. Section 31(7)(a) covers pre-award/pendente lite interest (subject to party agreement), while section 31(7)(b) covers post-award interest. Courts have consistently held that these provisions operate separately, with arbitrator having absolute discretion while awarding future interest however, bound by parties’ agreement (if any) with respect to pre- award period.
India Litigation
SS
Singhania & Partners LLP
Article
The Transgender Amendment Bill 2026 – Implications And Concerns
The Parliament on March 25, 2026 passed the Transgender Persons (Protection of Rights) Amendment Bill, 2026 (hereinafter referred to as “the Bill”) with the Lok Sabha approving it with a voice vote amid an Opposition walkout. The Bill, now a statutory Act, seeks to redefine the category of transgender, removes the provision of self-perceived gender identity and excludes several socio-cultural identities as well as trans-masculine individuals from its ambit.
India Government
SR
S.S. Rana & Co. Advocates
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