How-To Guide

An application for recall of an admission order is not an appeal and is not a review, and the three are refused for different reasons. This guide sets out how to apply for recall of an order admitting a company into the corporate insolvency resolution process, in the order the steps arise, beginning with the choice of route that decides everything after it. Step 1: Choose Between Recall, Review and Appeal Before Drafting The National Company Law Tribunal has no power to revie

A recorded lecture carries at least two rights that can be enforced separately, and most claims over pirated course content plead only one of them. This guide sets out how to enforce rights in recorded lecture and course content, in the order the steps arise, beginning with the performer's right that belongs to the speaker personally and is frequently overlooked. Step 1: Separate the Rights Before Drafting Anything Three things may sit in a single recorded lecture. There is c

A patented medicine priced beyond the reach of the patients who need it is the situation the Patents Act, 1970 addresses through three mechanisms, only one of which is an application to the Controller. This guide sets out how to apply for a compulsory licence under the Act, in the order the steps arise, and where the two executive routes sit beside it. The exercise is evidential before it is legal: the provisions are short, and what decides an application is the material asse

A liquidation auction looks like a discount and is sometimes a liability. The asset is sold on an as is where is basis, which puts the burden of enquiry on the bidder, and statutory dues that sit on the property as a charge are not swept away by the sale. A buyer who has not quantified them before bidding has not valued the asset. This guide sets out the enquiry to make, in the order to make it. The exercise is not long. It is usually a week of searches and two letters, again

An application for the release of seized assets is a short document that is usually lost on one point: the explanation of where the asset came from. The statute gives a narrow window to apply, imposes a single substantive condition, and sets a period within which the asset is to be released. Whether that period obliges the department to hand the asset back is contested. The Allahabad High Court has held the provision directory, and the Gujarat High Court has referred the ques

Two provisions of the Arbitration and Conciliation Act, 1996 offer interim relief in almost identical terms. Section 9 is addressed to a court and Section 17 to the arbitral tribunal, and the choice between them is governed by timing, by the identity of the person you need bound, and by what you intend to do with the order afterwards. Getting it wrong is expensive: the Supreme Court held in Union of India v. Hariom Projects Private Limited, 2026 INSC 1044, that a pending appe

Section 270AA of the Income-tax Act, 1961 offers a trade that is often worth taking: pay the tax and interest on an assessment, give up the right to appeal against it, and the Assessing Officer grants immunity from the penalty under Section 270A and from prosecution under Section 276C or Section 276CC. The arithmetic usually favours the assessee, because a penalty at fifty per cent of the tax on the under-reported income is a large sum to gamble on an appeal. The difficulty i

When an overseas vendor suspends services because a sanctions list somewhere names your company, a counterparty or a shareholder, the first instinct is to negotiate. That is often right, but it is not a substitute for a legal position, and the position weakens with every week the suspension goes unchallenged. The Delhi High Court's order in Nayara Energy Limited v. SAP India Private Limited, made on September 22, 2026, shows what the analysis looks like when it reaches a cour

Deciding where to file a trade mark infringement suit used to be a short exercise: Section 134 of the Trade Marks Act, 1999 bars institution in any court inferior to a District Court, and Section 134(2) tells the plaintiff which District Court. The Commercial Courts Act, 2015 has complicated it, because a State may constitute a Commercial Court at a level below District Judge, and the Supreme Court has now referred the resulting conflict to a larger bench in I.S.D.S. Private

Depositing an arbitral award amount in court is the standard price of a stay, and it is routinely assumed to stop interest as well. It does not. The Supreme Court held in National Seeds Corporation Limited v. National Agro Seed Corporation (India), 2026 INSC 1017, that a deposit is not payment, and that interest continues to run until the award holder can actually withdraw the money without conditions. Where an award carries interest at twelve per cent, the difference between

A tribunal e-filing portal that refuses papers on the last day of limitation used to be an almost unanswerable problem, because statutes such as Section 61(2) of the Insolvency and Bankruptcy Code, 2016 cap the period that can be condoned. The Supreme Court's judgment of September 10, 2026 in Regional Provident Fund Commissioner-II v. Ms. Mamta Binani and Others, 2026 INSC 1003, supplies the answer: the date of the first bona fide attempt to e-file is the date of presentation

An unlawful vehicle repossession is rarely defeated by disputing the default. It is defeated on the manner of the seizure. The Supreme Court's judgment of September 16, 2026 in Hari Dutta Sharma v. State of Uttar Pradesh and Others, 2026 INSC 998, is the clearest recent illustration: the borrower was admittedly in default, and still recovered the sale proceeds, Rs 10 lakh in compensation and costs, because the lender had not given the notice its own agreement required and had

Where a patent application was filed in one name and the rights have since moved to another, somebody has to substitute the applicant on the Patent Office record. That is a statutory function under Section 20 of the Patents Act, 1970, not an administrative formality, and it is conditioned in ways that catch out assignees who assume a signed assignment is enough. The Bombay High Court's judgment of September 8, 2026 in Dr. Tarkeshwar Chandrakant Patil v. Indian Institute of Te

The obligation to settle accounts between partners on dissolution is the step most often deferred and the most expensive to defer. The Supreme Court's judgment of September 9, 2026 in V. Sumitra Reddy and Another v. K. Ranganadha Reddy and Others, where a twenty five per cent share in land held by a firm dissolved in 1983 was held to attach to the value realised on sale rather than the value in 1983, is a reminder of what an unsettled account is worth after four decades. This

Whether a lease arrangement produces financial debt decides who may file under Section 7 of the Insolvency and Bankruptcy Code, 2016, who sits on the committee of creditors and where a claim ranks. Section 5(8)(d) answers the question by importing an accounting test into the statute, which means the characterisation is settled by the substance of the agreements rather than by what they are called. The NCLT Allahabad order of August 20, 2026 in Achhru Ram Jindal and Others v.