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
Understanding Forgery And Use Of A Forged Document
“Commercial disputes being given a criminal colour” is a routine issue faced by criminal courts across the country, and the Hon’ble Supreme Court of India has also quashed several criminal complaints pertaining to commercial/civil claims for that reason. It is important to note that, in such criminal complaints, the usual allegations involve offences of cheating, criminal breach of trust, forgery, and the use of forged documents.
India Criminal
SO
S&A Law Offices
Article
Compulsory Acquisition Under Article 300A: The Seven-Test Framework
The Supreme Court's decision in Kolkata Municipal Corporation v. Bimal Kumar Shah marks a significant development in Article 300A jurisprudence. While upholding the concurrent findings of the Single Judge and the Division Bench of the Calcutta High Court, the Supreme Court identified seven constitutional requirements for a valid compulsory acquisition of immovable property. The ruling reaffirms that, although the right to property is no longer a fundamental right after the 44th Constitutional Amendment, it remains constitutionally protected under Article 300A against arbitrary deprivation by the State.
India Litigation
SA
Shardul Amarchand Mangaldas & Co
Article
High Court Of Delhi Held That There Is No Mandatory Requirement Of Filing An Application Seeking Liberty To File A Replication Under Order VIII Rule 9 Of CPC Where It Is Necessary To Respond To New Pleas Raised In The Written Statement
The High Court of Delhi, through its judgment dated 15.06.2026 in Sunita v. Bajinder Kumar , dismissed a petition challenging the Trial Court’s order permitting inter alia the filing of a replication under Order VIII Rule 9 of the CPC, holding that leave to file a replication may be granted where it is necessary for effective adjudication of issues.
India Litigation
Sagus Legal
Article
High Court Of Delhi Holds That Reasonable And Limited Restriction Does Not Violate Article 14 Or 19 Of The Constitution
The High Court of Delhi, through its judgment dated 19.06.2026 in M/s EG Communications Pvt. Ltd. & Ors. v. Election Commission of India & Ors. , dismissed a challenge to the directions prohibiting political advertisements at Delhi Metro stations during the operation of the Model Code of Conduct (“MCC”) on the ground that it is not violative of Articles 14 and 19 of the Constitution of India, 1949 (“Constitution”).
India Government
Sagus Legal
Article
A Benami Property Cannot Be Claimed Through A Benamidar’s Will: The Supreme Court Settles The Law
Benami transactions have long served in India as a device to circumvent statutory restrictions including property ownership and conceal beneficial ownership from tax and regulatory authorities. This mischief is well known when a person pays the consideration for a property but acquires it in the name of another, thereby separating real ownership from ostensible title.
India Litigation
Shivadass & Shivadass
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
Supreme Court Stays Bombay High Court Order Releasing Thane Land From “Private Forest” Acquisition: Implications For Forest Land Classification, TDR And Development Rights
In a significant interim order impacting forest land disputes, urban development, and Transferable Development Rights (TDR) in Maharashtra, the Supreme Court has stayed the operation of the Bombay High Court’s judgment directing the release of approximately 193 acres of land at Manpada, Thane from acquisition under the Maharashtra Private Forests (Acquisition) Act, 1975.
India Environment
KS
King, Stubb & Kasiva
Article
Autonomy Over Oversight: Why Independent Cooperative Societies Are Not “State” Under Article 12 And Why Their Elections Fall Outside Writ Jurisdiction
The intersection of cooperative society governance, constitutional law, and writ jurisdiction has been a subject of enduring judicial discourse in India. A recurring question before courts is whether cooperative societies — particularly those that operate independently of Government control — can be classified as “State” under Article 12 of the Constitution of India, thereby subjecting their actions to judicial review under Articles 32 and 226.
India Government
KS
King, Stubb & Kasiva
Article
Supreme Court Settles The Limitation Question In Post-Award Proceedings: Section 33 Exception To The Running Of Limitation Under Section 34(3) Applies Regardless Of Maintainability Or Outcome.
What happens if a party files an application under Section 33 of the Arbitration and Conciliation Act, 1996 (“the Act”) seeking correction of an arbitral award, does the limitation period for challenging the award under Section 34 run from the date of the original award, or from the date on which the Section 33 application is disposed of?
India Litigation
KS
King, Stubb & Kasiva
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