Dispute Resolution

In a significant ruling clarifying the scope of the Motor Vehicles Act, 1988, the Supreme Court has held that a Reach Stacker, a heavy container-handling machine used within Inland Container Depots, is not a "motor vehicle" under Section 2(28) of the Act. Consequently, an accident victim injured by such a machine cannot approach a Motor Accident Claims Tribunal (MACT) for compensation. The bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh allowed the appea

In a civil suit, the defendant is not limited to merely defending against the plaintiff's claim. Under Order 8 Rule 6A of the Code of Civil Procedure, 1908, the defendant may set up a counter-claim against the plaintiff, effectively raising an independent cross-action within the same suit. This provision, introduced by the CPC (Amendment) Act of 1976 following the recommendations of the 27th Law Commission Report, allows the defendant to claim relief against the plaintiff wit

When a defendant fails to appear before a civil court on the date fixed for hearing, the court may proceed to hear the case in the defendant's absence and pass a decree known as an ex parte decree. The Code of Civil Procedure, 1908 provides a specific remedy for the aggrieved defendant: an application under Order 9 Rule 13 CPC to set aside the ex parte decree. This guide explains the grounds, limitation period, procedure, and practical aspects of filing such an application. W

When a decree-holder obtains a favourable judgment but the judgment debtor refuses to pay, one powerful enforcement mechanism is the garnishee order. This remedy allows a court to direct a third party, such as a bank or employer, who holds money belonging to the judgment debtor, to pay that amount directly to the decree-holder. Governed by Order 21, Rules 46 to 46I of the Code of Civil Procedure, 1908 (CPC), garnishee proceedings are an important tool in the execution of cour

Property disputes are among the most protracted forms of litigation in India, with cases often taking years or even decades to resolve through the conventional court system. The Mediation Act, 2023 (Act No. 32 of 2023) introduces a comprehensive statutory framework for mediation in India, offering parties a faster, confidential, and cost-effective alternative to litigation. Mediated settlement agreements under this Act are enforceable as judgments of a court, giving them sign

The Uttarakhand High Court has issued a circular permitting service of summons through electronic modes, including email and WhatsApp, in cases filed under Section 138 of the Negotiable Instruments Act, 1881. The circular, issued on January 5, 2026, directs criminal courts across the state to adopt electronic service as a means of addressing the chronic delays that have plagued cheque bounce litigation in India. The move is in line with recent directions from the Supreme Cour

Special Lok Adalats held across multiple Indian states on July 18, 2026, have achieved remarkable success in settling thousands of cheque bounce cases filed under Section 138 of the Negotiable Instruments Act, 1881. The coordinated effort, organised under the guidance of the National Legal Services Authority (NALSA), resulted in the settlement of cases worth over Rs 260 crore across Madhya Pradesh, Chhattisgarh, Haryana, and Chandigarh alone. The initiative marks a significan

Filing a revision petition under Section 115 of the Code of Civil Procedure (CPC) is a remedy available to a party aggrieved by an order of a subordinate court, where the order involves a jurisdictional error or a material irregularity of procedure. Unlike an appeal, which permits re-examination of facts and merits, revision is a supervisory jurisdiction exercised by the High Court to ensure that subordinate courts act within their legal authority and follow correct procedure

Filing an application for appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, is a critical step when parties to an arbitration agreement are unable to agree on the constitution of the arbitral tribunal. Section 11 provides a structured mechanism for judicial intervention in the appointment process, ensuring that disputes are not stalled indefinitely merely because the parties cannot agree on an arbitrator. This guide explains the proc

When a civil suit is dismissed for non-appearance of the plaintiff, it does not necessarily mean the end of the road. The Code of Civil Procedure (CPC) provides a mechanism for restoration of such dismissed cases through Order 9 Rule 9, allowing the plaintiff to apply for the dismissal to be set aside and the suit to be restored to the court's active docket. This guide explains the procedure for filing a restoration application, the limitation period, the standard of proof re

Challenging an arbitration award under Section 34 of the Arbitration and Conciliation Act, 1996, is the primary recourse available to a party dissatisfied with the outcome of arbitration proceedings in India. Unlike appeals in regular litigation, the scope of judicial review of an arbitral award is deliberately narrow, reflecting the legislative intent to uphold the finality of arbitration. This guide explains the grounds, limitation period, court procedure, and practical con

On July 20, 2026, the Supreme Court of India expressed concern over the quality of judgments delivered by Motor Accident Claims Tribunals (MACTs), calling for clear and reasoned findings in cases involving accident victims. A bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh observed that many tribunal orders merely reproduce pleadings and evidence without adequately explaining how the facts lead to the ultimate conclusion on liability and compensation. Th

Limitation periods exist to ensure that legal disputes are resolved within a reasonable timeframe. However, there are situations where a party is genuinely prevented from filing an appeal or application within the prescribed period. In such cases, the Limitation Act, 1963 provides a mechanism to seek condonation (forgiveness) of the delay. Section 5 of the Limitation Act allows courts to admit an appeal or application after the prescribed period has expired, provided the appl

When a trial court passes a decree that partially favours both sides, the aggrieved party files an appeal. But what about the respondent who is satisfied with the overall decree but objects to certain findings or parts of it? The law provides a mechanism called a cross objection, which allows the respondent in an appeal to challenge portions of the decree without filing a separate appeal. Governed by Order 41 Rule 22 of the Code of Civil Procedure, 1908 (CPC), this provision

An interlocutory application (IA) is a procedural tool that allows a party to seek interim relief or specific orders from the court while a civil suit is still pending. These applications address urgent or ancillary issues that cannot wait until the final hearing. Whether a plaintiff needs to protect disputed property from being sold, or a defendant wants security for costs, interlocutory applications provide the mechanism for obtaining such orders. Understanding when and how