India: Court Procedure

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Article
SC Directs NCLAT To Expedite Hearing Of Competition Appeal Amid Repeated Adjournments
Velusamy Karuppannan (the ‘Informant’), a software professional, alleged before the CCI that AVEVA Group Limited and its Indian subsidiaries (collectively, ‘AVEVA’) contravened Sections 3(4) and 4 of the Act by abusing its dominant position in the market for industrial automation software (Manufacturing Execution Systems (‘MES’), Supervisory Control and Data Acquisition (‘SCADA’), and Historian) through: (i) coercing customers into the AVEVA Flex Subscription model and hiding perpetual licenses, driving higher prices and minimum credit commitments...
India Anti-trust
AP
AZB & Partners
Article
Enforcement Of Maintenance Orders Against An Absconding Judgment Debtor
The Delhi High Court’s judgment in Jyoti Singh & Anr. v. State Govt. of NCT of Delhi & Ors., decided on 29 September 2026, addresses whether maintenance proceedings can be defeated when the judgment debtor cannot be traced. The Court held that a claimant’s inability to provide the debtor’s current address is not, by itself, a reason to dismiss execution proceedings. Courts must use available legal mechanisms to trace the debtor and enforce the order.
India Litigation
IL
IndiaLaw LLP
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
The Situs: The Ever-expanding Territorial Jurisdiction Of Internet Infringements
The Delhi High Court's recent ruling in Kohinoor Seed Fields has dramatically expanded territorial jurisdiction for online intellectual property disputes, holding that mere website accessibility is sufficient to establish jurisdiction. This decision conflicts with earlier precedents requiring purposeful targeting of customers, creating uncertainty about where IP infringement cases can be filed in India's internet era.
India IP
LS
Lakshmikumaran & Sridharan
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
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
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
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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