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
Supreme Court Holds That That Unsubstantiated Fraud Allegations Cannot Shift Burden Onto Defendants In Challenge To GPA Transactions
It was also observed that the Appellant failed to produce documentary evidence of the alleged loans and their repayment, and had challenged the transactions after an unexplained delay of nearly ten years, during which the GPAs remained uncancelled and subsequent transactions continued without objection. Finding no perversity, patent illegality or substantial question of law, the Court dismissed the appeal.
India Litigation
Sagus Legal
Article
Supreme Court Holds That A Party Cannot Challenge An Arbitral Award On The Ground That The Arbitral Mandate Has Expired When The Party Itself Has Accepted Extension Of Arbitral Mandate
The Supreme Court of India, through its judgement dated 26.05.2026 in the matter of Gujrat Water Supply and Sewerage Board v Saryu Plastics Private Limited, held that a party cannot challenge an arbitral award on the ground that the arbitral mandate has expired, when the party itself has accepted extension of arbitral mandate.
India Litigation
Sagus Legal
Article
High Court Of Delhi Holds That A Developer Cannot Forfeit Buyer’s Payments And Cancel The Allotment In The Absence Of Proof Of Default Or Actual Loss
The High Court of Delhi, through its judgment dated 18.05.2026 in the matter of M/s R.C. Sood & Co. Developers Pvt. Ltd. v. Sharad Maheshwari & Anr., dismissed an appeal challenging the decree of District Judge directing refund of INR 18,00,000/- to the purchasers in a real estate dispute arising out of cancellation of a villa allotment and alleged forfeiture of earnest money.
India Real Estate
Sagus Legal
Article
High Court Of Delhi Held That Delhi Courts Would Have Territorial Jurisdiction In A Recovery Suit Where Part Of The Cause Of Action Arose In Delhi
The High Court of Delhi, through its judgment dated 20.05.2026 in the matter of GAC Logistics Pvt. Ltd. v. Acer Logistics Pvt. Ltd., inter alia, held that under Section 20(c) of the Code of Civil Procedure, 1908 (“CPC”), even if part of the cause of action arises within the territorial jurisdiction of a court, such court would have jurisdiction to entertain the suit.
India Litigation
Sagus Legal
Article
Section 28A Of The Land Acquisition Act: Bombay High Court Clarifies That Compensation Is Not Capped By The Foundational Award
The principle underlying compulsory land acquisition is that when private property is acquired by the State for a public purpose, affected landowners must receive fair and reasonable compensation. However, under the framework of the Land Acquisition Act, 1894, a significant disparity historically emerged between landowners who sought judicial enhancement of compensation under Section 18 and those who did not.
India Real Estate
KS
King, Stubb & Kasiva
Article
Reconsidering Compromise And FIR Registration: A Doctrinal Analysis Of Mandatory FIR Registration Under The CrPC And BNSS
The relationship between compromise settlements and the mandatory registration of FIRs continues to generate significant debate within Indian criminal jurisprudence. A recurring question before courts is whether an attempted settlement between parties can dilute or postpone the statutory obligation of the police to register an FIR where information discloses the commission of a cognisable offence.
India Criminal
KS
King, Stubb & Kasiva
Article
Supreme Court Of India Widens Scope Of Section 11 Of Arbitration Act; Holds Inquiry Into ‘Existence’ Of Arbitration Agreement Includes Prima Facie Assessment Of Whether Non-Signatory Is A ‘Veritable’ Party
Though earlier decisions of the Supreme Court had held that the referral court should leave it to the arbitral tribunal to decide whether the non-signatory is indeed a party to the arbitration agreement, the Supreme Court in this judgment held that the referral court is not a “monotonous automation” and it may not leave the matter for the arbitral tribunal when it prima facie finds that the non-signatory is not a veritable party.
India Litigation
J
JSA
Article
Dispute Resolution And Arbitration Update
HSA Advocates' Dispute Resolution & Arbitration Monthly Update for May 2026 examines five landmark judgments spanning RTI Act exemptions, service tax liability, arbitration jurisdiction, land title disputes, and post-award interim relief. The update analyzes critical legal principles including personal information protection under RTI, service tax applicability on construction services, arbitration agreement validity, evidentiary value of revenue records, and the rights of unsuccessful parties in arbitratio
India Litigation
HA
HSA Advocates
Article
Delhi High Court Lays Down Comprehensive Principles Governing Look Out Circulars (LOC); Holds Mere Loan Defaults Cannot Justify Travel Restrictions And Grants Relief To Persons Cooperating With Investigation
The Court emphatically reiterated that LOCs cannot be permitted to operate as coercive debt recovery mechanisms at the instance of banks and financial institutions, particularly in cases where no criminal proceedings involving fraud, siphoning of funds, diversion of money, or serious economic offences are pending.
India Insolvency
VA
Vaish Associates Advocates
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