Dispute Resolution

In A.K. Ghosh and Company and Others v. Biman Bose and Others (2026 INSC 684), decided on July 13, 2026, the Supreme Court of India held that a plaintiff in a commercial suit governed by the Commercial Courts Act, 2015 must file a written statement in response to a defendant's counter-claim within the mandatory 120-day outer limit prescribed under the proviso to Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC). A Bench comprising Justice Sanjay Kumar and Justice K

Introduction The Mediation Act 2023 (Act No. 32 of 2023), which received presidential assent on 14 September 2023, represents India’s first standalone legislation dedicated to mediation as a dispute resolution mechanism. With certain provisions notified on 9 October 2023, the Act creates a structured framework for pre-litigation and court-referred mediation, establishes the Mediation Council of India, and gives mediated settlement agreements the force of a court decree. For b

Two recent High Court decisions have clarified important procedural boundaries for the enforcement of arbitral awards under the Arbitration and Conciliation Act, 1996 (the Act). In one ruling, the Bombay High Court held that an executing court cannot refuse enforcement of a pre-2015 arbitral award merely because the arbitrator was appointed unilaterally. In the other, the Calcutta High Court ruled that a certified copy of an arbitral award bearing only a third-party attestati

In a landmark decision that strengthens India's pro-enforcement stance on foreign arbitral awards, the Supreme Court of India has formally recognised and applied the doctrine of transnational issue estoppel while interpreting Section 48 of the Arbitration and Conciliation Act, 1996. The judgment in Nagaraj V. Mylandla v. PI Opportunities Fund-I [2026 INSC 298], delivered on March 25, 2026, marks the first time the Supreme Court has engaged with this doctrine at the apex level

When a court order is wilfully disobeyed or when someone acts in a manner that scandalises or undermines the authority of a court, the affected party may file a contempt petition to enforce compliance or seek punishment for the contemnor. The law of contempt in India is governed by the Contempt of Courts Act, 1971, and the inherent powers of the Supreme Court and High Courts under Articles 129 and 215 of the Constitution. This article explains the distinction between civil an

A transfer petition is a legal remedy that allows a party to request the Supreme Court of India to transfer a civil or criminal case from a court in one state to a court in another state. This remedy is commonly invoked in matrimonial disputes, commercial litigation, and cases where a party faces genuine hardship in attending proceedings in a distant court. This article provides a complete guide to filing a transfer petition under Section 25 of the Code of Civil Procedure, 19

The Supreme Court, on August 5, 2026, held that the involvement of a non-signatory in the performance of the underlying contract is a critical factor in determining whether they are bound by the arbitration agreement contained in that contract. A bench of Justice Sanjay Kumar and Justice Sanjeev Sachdeva delivered the judgment in KKH Finvest Pvt. Ltd. and Another v. Ashiesh Shukla and Others, clarifying the circumstances under which non-signatories can be subjected to arbitra

The Supreme Court of India, in its recent judgment in S. Sangeetha v. Tmt. P. Ponni (Neutral Citation: 2026 INSC 813), has reaffirmed a fundamental principle of the law of evidence: the mere marking of a document as an exhibit does not constitute proof of its contents. The Bench comprising Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh delivered this ruling on August 7, 2026, while dealing with a civil appeal arising from testamentary proceedings before the Madr

The Telangana High Court on July 27, 2026, directed the Chief Secretary of Telangana to immediately remove AV Ranganath, Commissioner of the Hyderabad Disaster Response and Asset Protection Agency (HYDRAA), from his post. Justice Anil Kumar Jukanti passed the order in a contempt of court case filed by Shanta Sriram Constructions Private Limited, observing that the Commissioner had become "a law unto himself" through repeated and willful defiance of court orders. The Telangana

The Supreme Court of India, in Vishnu Kumar Gupta v. State of Madhya Pradesh (2026 LiveLaw (SC) 744 / 2026 INSC 770), delivered on July 30, 2026, has held that no statutory appeal under Section 374 (now Section 415, BNSS) of the Code of Criminal Procedure, 1973 (CrPC), corresponding to Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is maintainable before the High Court against a conviction imposed by a Sessions Court exercising its appellate jurisdiction.

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