How-To Guide

Indian courts generally require parties to appear in person on each date of hearing. However, both criminal and civil law provide mechanisms through which a party may seek exemption from personal appearance, allowing an advocate to appear on their behalf. In criminal proceedings, Section 228 and Section 355 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 govern this process. In civil proceedings, the Code of Civil Procedure, 1908 permits appearance through a recognised

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) is the specialised appellate body that hears second appeals arising from orders passed under the Customs Act, 1962, the Central Excise Act, 1944, and the service tax provisions of the Finance Act, 1994. Filing an appeal before CESTAT requires careful compliance with prescribed forms, limitation periods, and mandatory pre-deposit requirements. This guide explains the complete process for filing an appeal before CE

The Ministry of Corporate Affairs (MCA) launched the Companies Compliance Facilitation Scheme, 2026 (CCFS-2026) on 15 April 2026, giving companies a structured window to clear overdue annual filings at drastically reduced additional fees. On 8 July 2026, the MCA extended the scheme deadline to 31 August 2026, following capacity enhancement and restoration activities at the MCA data centre after a fire incident on 5 June 2026. Under the scheme, companies can file pending annua

On 29 May 2026, Justice Sachin Datta of the Delhi High Court delivered a 144-page ruling in Laksh Vir Singh Yadav v. Union of India, holding that the right to be forgotten is a facet of the fundamental right to privacy under Article 21 of the Constitution. The Court directed Google and all other search engine operators to de-index name-based search results linked to judicial records in specified categories and directed Indian Kanoon to restrict name-based search functionality

An aggrieved party has the statutory right to challenge an order of the National Company Law Tribunal (NCLT) by filing an appeal before the National Company Law Appellate Tribunal (NCLAT). Two separate provisions govern these appeals: Section 421 of the Companies Act, 2013 covers appeals arising from company law matters, while Section 61 of the Insolvency and Bankruptcy Code (IBC), 2016 covers appeals arising from insolvency proceedings. This guide explains the step-by-step p

A Section 8 company, formed under Section 8 of the Companies Act, 2013, is a non-profit entity established to promote charitable objects such as education, art, science, sports, social welfare, or environmental protection. Unlike a trust or society, a Section 8 company is registered with the Ministry of Corporate Affairs (MCA) and governed by the same statutory framework as private and public limited companies, with additional restrictions on profit distribution. This guide e

On 25 June 2026, the Ministry of External Affairs notified the Passports (Amendment) Rules, 2026, raising passport fees across every category for the first time since 2012. The revised fee structure took effect on 1 July 2026. A standard 36-page adult booklet now costs Rs 2,500, up from Rs 1,500, and a 60-page booklet costs Rs 3,500, up from Rs 2,000. Tatkaal fees have risen to Rs 5,000 and Rs 6,000 respectively. This guide walks through every step of the application process

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

When a person dies without leaving a valid will (intestate), their legal heirs may need to obtain letters of administration from a competent court in order to deal with the estate of the deceased. Under the Indian Succession Act, 1925, letters of administration serve as the court's authorisation to a specific person, known as the administrator, to collect, manage, and distribute the assets of the deceased in accordance with the applicable law of succession. This guide explain

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

A fair trial is a fundamental right guaranteed under the Constitution of India. When circumstances make it impossible for an accused person, a complainant, or a witness to receive a fair hearing in a particular court, the law provides a mechanism to transfer the case to another court. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure, Chapter XXXIII (Sections 446 to 452) deals with the transfer of criminal cases and appea

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