Practice Notes

Practice Note on Important Arbitration Case Law Developments

These decisions cover a wide range of topics related to arbitration, including the validity of arbitration agreements, challenges to arbitrator appointments, enforcement of arbitral awards, interpretation of arbitration clauses, and more. The following table highlights the important cases and their key takeaways: Section Case Key Takeaways Section 7 Tata Capital Finance Ltd. v. Shri Chand …

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Third Party Insurance Under the Motor Vehicles Act of India

Table of Contents Definition and Importance of Third-Party Insurance Extent of Insurer Liability Legal Requirements of Compulsory Insurance Owner’s Responsibility Motor Vehicles (Amendment) Act 2019 Use of the Vehicle Key Case Laws 1. Definition and Importance of Third-Party Insurance Third-party insurance is a mandatory requirement under the Motor Vehicles Act for all vehicle owners. It …

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Section 138 NI Act and the Quashing of Complaints Under Section 482 CrPC

In recent rulings, the courts have further clarified the interpretation and application of Section 138 of the Negotiable Instruments Act (NI Act) and the process of quashing complaints under Section 482 of the Code of Criminal Procedure (CrPC). Table 1: Key Case Laws Case Name Court Date of Ruling Key Takeaways Ganesh Babu Gupta v. …

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Accused’s Specimen Signatures in Police Custody

In an ongoing inquiry regarding the authority of the police under the Code of Criminal Procedure (Cr.P.C) to request and obtain specimen signatures and handwriting from the accused for expert examination, it has been established that such an act does not comprise ‘personal testimony’. This development, confirmed in a recent decision, was made amid ongoing …

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Overview of Arbitration in India: Key Provisions and Recent Developments

Arbitration is a form of alternative dispute resolution (ADR) that allows parties to settle their disputes without resorting to litigation. Arbitration is based on the principle of party autonomy, which means that the parties can choose the arbitrator(s), the applicable law, the procedure and the seat of arbitration. Arbitration can be domestic or international, depending …

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The Intersection of Civil Procedure Code and the Indian Evidence Act

Introduction: This comprehensive practice note aims to provide lawyers with a detailed understanding of the intersection between the Civil Procedure Code (CPC) and the Indian Evidence Act. It examines the interplay between these two crucial legal frameworks, highlighting their essential provisions and guiding principles. By understanding this intersection, lawyers can effectively navigate the civil litigation …

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Applicability of the Code of Civil Procedure in Family Law Matters

Table of Contents Introduction Applicability of Code of Civil Procedure (CPC) to Family Law Overlapping Jurisdictions Pleadings in Family Law Cases Service of Summons in Family Law Matters Execution of Decrees in Family Law Appeals in Family Law Matters Inherent Powers of the Court Temporary Injunctions in Family Law Conclusion 1. Introduction This Practice Note …

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Ex Parte Decrees under the Civil Procedure Code (CPC)

Table of Contents Introduction Definition of Ex Parte Decree Legal Provisions Preconditions for an Ex Parte Decree Procedure for Obtaining an Ex Parte Decree Setting Aside an Ex Parte Decree Consequences of an Ex Parte Decree Strategic Considerations Conclusion Checklist and Templates FAQs 1. Introduction The Ex Parte Decree is a crucial aspect of litigation …

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