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
Limitation Of Liability Clauses In India: Are They Really Enforceable?
Limitation of liability clauses are generally enforceable in India, but only within limits that the Indian Contract Act, 1872 and the courts have drawn. A cap on damages is treated as a legitimate allocation of commercial risk between informed parties; a clause that tries to excuse fraud, wilful misconduct or a deliberate breach, or that is imposed through unequal bargaining power, is far more likely to fail.
India Commercial
LP
Legitpro Law
Article
Supreme Court Quashes Criminal Case Filed Against Directors For A Civil Dispute Yogesh Premjibhai Suvariya & Anr. v. State Of Gujarat & Anr., 2026 INSC 1079
In a recent ruling, the Supreme Court of India has cautioned against using criminal law to recover money in what is essentially a commercial dispute. A Bench of Justices Ujjal Bhuyan and Atul S. Chandurkar quashed a criminal case for cheating against two company directors, holding that the complainant’s grievance was “essentially civil in nature” and that continuing the prosecution would be an abuse of the process of the court.
India Criminal
IL
IndiaLaw LLP
Article
Same Code, New Teeth: What The IBC Amendment Act, 2026 Really Changes For Creditors
Ten years in, the Insolvency and Bankruptcy Code has finally been amended to close gaps that case law had quietly opened up in it. The IBC Amendment Act, 2026, in force from 26 May 2026, does three things that matter to anyone advising creditors: it takes the discretion back out of admission, it widens the window for clawing back value that left a company before insolvency was formally declared, and it hands financial creditors a new route into a distressed company that doesn't need a Section 7 petition at all. This piece walks through each change and the litigation that made it necessary.
India Insolvency
Foresight Law Offices
Article
Recent Developments In India's Corporate & Commercial Laws – September 2026
The September 2026 edition of Fox & Mandal's newsletter examines MCA’s FAQs on foreign company registration; proposed amendments to the NBFC credit facilities framework; expansion of OBPP offerings; operationalisation of FDI in inventory-based cross-border e-commerce; Demat 2.0 for tokenisation of corporate bonds; NHAI Policy Circular on real-time blacklisting and non-performance records; and other changes in India's corporate, capital markets, infrastructure, and banking sectors.
India Commercial
Fox & Mandal
Article
Punjab And Haryana High Court Strikes Down JAO - FAO Retrospective Amendment As Unconstitutional
The Hon’ble Punjab and Haryana High Court (HC) in Jyoti Sareen vs. UOI & Others (CWP No. 15791-2024 (O&M)) (Order) held the retrospective amendments carried out vide the Finance Act, 2026, with respect to the powers of the Jurisdictional Assessing Officer (JAO) to issue a reopening notice under section 148 (Reopening Notice) of the Income-tax Act, 1961 (IT Act), as unconstitutional, being violative of the ‘doctrine of separation of powers’ and thus violative of Article 14 of the Constitution of India.
India Government
KC
Khaitan & Co LLP
Article
The Moving Target: How Indian Courts Built The Dynamic Injunction To Fight Digital And Broadcast Piracy
Online piracy has a structural feature that ordinary injunctions struggle with: when one infringing website is blocked, mirror sites, redirect links and slightly altered domain names appear almost immediately, hosting the same content. Requiring a rights holder to file fresh proceedings for each new address would make enforcement a game of whac-a-mole that the infringer always wins
India Media & IT
SR
S.S. Rana & Co. Advocates
Article
The End Of The “Settlement Exit”? — The Stricter Section 12A Regime Post-2026 Amendment
For nearly eight years, the Insolvency and Bankruptcy Code, 2016 (IBC) carried within it a quiet contradiction. On the one hand, it was designed to be a serious, time-bound, collective resolution mechanism and a creditor-driven process. On the other hand, it contained Section 12A, a provision that became one of the most strategically exploited exits in Indian commercial law.
India Insolvency
Foresight Law Offices
Article
Bar On Extension Of Insurance Cover Without Premium: The Supreme Court On The "Statutory Embargo" Under Section 64VB In New India Assurance Co. Ltd. Vs. Louis Dreyfus Commodities India Pvt. Ltd.
The Supreme Court, in the case of New India Assurance Co. Ltd. & Ors. vs. M/s Louis Dreyfus Commodities India Pvt. Ltd. (2026 INSC 876) ('New India Assurance vs. Louis Dreyfus'), has held that where an insurance policy covers turnover on a running annual basis, the insurer cannot be held liable for a loss that occurs after the insured's actual turnover has exceeded the turnover for which premium has already been paid, even where the policy itself is expressed as an annual turnover based cover.
India Insurance
KS
King, Stubb & Kasiva
Article
Copy, Right? ANI Media Pvt. Ltd. v. Open AI OpCo LLC
When an artificial intelligence system is trained on copyrighted news content, and later answers a user’s question using what it learned, has the law been broken? On 24th July 2026, the Delhi High Court answered that question, at least for now. In ANI Media Pvt. Ltd. v. Open AI OpCo LLC, Justice Amit Bansal declined to grant an interim injunction against OpenAI, holding, on a prima facie, interim stage view, that the company’s use of ANI’s news content to train its large language models (“LLMs”) falls within the fair dealing exception under Section 52(1)(a) of the Copyright Act, 1957
India IP
SR
S.S. Rana & Co. Advocates
Article
Buttoned In Controversy: The Fashion Face Off – Chanel v. Shiver & Duke
The fashion industry is one of the world’s biggest polluters, responsible for nearly 10% of the global greenhouse gas emissions, second only to the oil industry. Fast fashion, overproduction and quick waste disposal contribute significantly to environmental crises. In response, consumers, especially Gen Z, are demanding sustainable alternatives and encouraging brands to take action.
India IP
SR
S.S. Rana & Co. Advocates
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