FAQs

An appeal challenges a final decree or order and can, depending on the type of appeal, be argued on facts as well as law. A revision is available where no appeal lies against a particular order, typically an interlocutory one, and is generally confined to questions of jurisdiction or a serious procedural irregularity rather than a fresh look at the merits of the underlying dispute.

Not generally. Most appeals to the Supreme Court proceed through a special leave petition under Article 136, which is discretionary rather than a right, though in a narrower set of matters a direct statutory right of appeal may exist. Whether a particular case realistically warrants special leave depends on whether it raises a substantial legal question rather than simply a disagreement with the outcome.

Generally no. An appeal is decided on the record that was before the trial court, and additional evidence is admitted only in limited circumstances, such as where the appellate court needs it to pronounce judgment, or where the party seeking to produce it can show it could not have been produced earlier despite due diligence. This is treated as an exception, not a routine option.

The agreed mechanism in the clause usually governs first, such as each party nominating one arbitrator who together nominate a third. If that mechanism fails or is not followed within the time agreed, a party can apply under Section 11 of the Arbitration and Conciliation Act 1996 to the court, or the institution designated under the applicable rules, for appointment of an arbitrator.

Yes, and it is often necessary before the tribunal exists at all. Section 9 allows a party to approach the court for interim measures before, during, or in limited circumstances after arbitral proceedings, though once a tribunal is constituted, courts increasingly expect a party to approach the tribunal under Section 17 unless there is a good reason it cannot grant effective relief.

A settlement reached through mediation becomes binding once it is recorded and signed by the parties in the manner the mediation process requires, and it can generally be enforced in the same way as a judgment or a decree. Mediation itself, unlike arbitration, is not intended to produce a decision imposed on an unwilling party; it succeeds only where the parties actually agree.

Immediately, and in writing, is the safe approach. The Reserve Bank of India’s customer liability framework generally reduces or removes a customer’s liability where an unauthorised transaction is reported promptly, but liability can shift toward the customer as reporting is delayed. Note the transaction reference and the time it occurred, and report it to the bank’s grievance channel the same day where possible, then follow up in writing to have a documented record.

No. The RBI Integrated Ombudsman Scheme is designed to be used directly by a customer without a lawyer, and there is no fee to file. It is usually the right first step for individual disputes such as wrongful debits or service deficiencies. A lawyer becomes more useful where the Ombudsman route does not resolve the dispute and it needs to move to a consumer forum, a civil court, or where the underlying issue is genuinely complex.

Yes, if it is genuinely inaccurate, though it takes a documented representation to both the reporting lender and the credit bureau, and sometimes persistence. Common errors include a loan shown as unpaid after settlement, or a default reported despite regular payments. Keep payment records and settlement letters, since these are what the lender and bureau will rely on to correct the entry once the representation is made.

The demand notice must be sent within 30 days of receiving information from the bank that the cheque has been dishonoured, not 30 days from the date on the cheque itself. The notice should clearly state the cheque details, the amount, the date of dishonour and demand payment within the statutory period. A notice sent even one day late generally defeats the complaint, so the 30-day window is treated strictly by courts.

Only after the drawer has had 15 days from receiving the demand notice to pay and has failed to do so; filing before that period expires is premature and can be dismissed outright. Once the 15 days have passed without payment, the complaint must then be filed within one month. Both ends of this window matter equally, and complaints are commonly lost for being filed too early just as often as too late.

Yes. Offences under Section 138 of the Negotiable Instruments Act 1881 are compoundable, meaning the parties can settle at almost any stage, including after conviction, and courts generally encourage settlement given the offence is fundamentally about an unpaid debt. Settlement typically involves payment of the cheque amount and often an agreed sum toward costs or interest, after which the complaint is closed by consent.

There is no automatic return mechanism, because India has not signed the Hague Convention on the Civil Aspects of International Child Abduction. You would generally need to bring custody or guardianship proceedings in the Indian court that has jurisdiction, or in some circumstances a habeas corpus petition before the High Court, and the outcome would turn on the child's welfare rather than on the fact of removal alone. Acting quickly matters, since delay can itself affect how a court views the child's settled circumstances.

Not automatically. Courts look at what the child's actual life would be under each parent's proposed arrangement, including schooling, care arrangements while a parent works, and the strength of the child's relationships, rather than penalising a parent simply for having a home abroad. That said, a parent based overseas does need to show a credible, concrete plan for the child's day-to-day welfare, since a vague assurance is unlikely to satisfy the court on its own.

Orders are usually structured around what is realistic given the distance: regular video contact on a fixed schedule, longer in-person visits during school holidays, and clarity on who bears the cost and arrangements for travel. A mirror order obtained in both countries can help make these arrangements enforceable on both sides. It helps to propose a specific, workable schedule rather than leaving the practical details to be argued over later, since courts tend to prefer a plan that has already been thought through.

It restricts the defendant's ability to contest the claim on generalities. Once summoned, the defendant must apply for leave to defend and set out a genuine defence with some particularity; leave can be refused or granted conditionally if the defence appears illusory. This makes the process considerably faster than an ordinary suit for claims resting on a written contract, cheque or promissory note.

It varies enormously with the complexity of the dispute, the number of witnesses and whether interim applications are contested along the way. Commercial suits above the specified value now move under the case management timelines of the Commercial Courts Act, which is intended to compress the schedule, but a fully contested civil suit outside that framework can still run for several years through trial and any appeal.

Generally yes, where the claim does not involve an urgent interim relief and falls within the Commercial Courts Act 2015. The parties are referred to mediation before the suit can be registered, and only if that mediation fails or is not attended can the suit proceed. Where genuinely urgent interim relief is sought, the requirement does not apply and the suit can be filed directly.

A representation is a statement made to induce a party to enter the contract, and if false, can in some circumstances allow the other party to rescind the contract or claim damages under the Indian Contract Act 1872. A warranty is a contractual term, and its breach gives rise to a claim for damages but not usually rescission. Contracts often state that representations are also treated as warranties, to give the injured party contractual remedies as well.

Yes, and this is common practice. Contracts frequently carve out specific categories, such as breach of confidentiality, infringement of intellectual property, or wilful misconduct, from an otherwise capped liability clause. Whether a particular carve-out is reasonable depends on the nature of the contract and the bargaining position of each party, which is why liability clauses need to be negotiated rather than accepted as standard.

Enforceability depends on whether a valid contract was formed under the Indian Contract Act 1872, which does not always require a signature if there is clear offer, acceptance, and conduct consistent with an agreement. However, proving the exact terms of an unsigned arrangement is far harder in a dispute. We advise clients to have NDAs signed before sharing confidential information, rather than relying on informal understanding.

Broadly, disputes arising from ordinary business transactions such as sale of goods, services, construction contracts, franchise and distribution agreements, and disputes relating to immovable property used exclusively in trade, provided the claim meets the specified pecuniary threshold set for the relevant court. A dispute below that threshold, or one that is essentially personal or non-commercial in nature, is not covered and proceeds as an ordinary civil suit instead.

Yes, Section 12A of the Commercial Courts Act 2015 exempts a plaintiff from mandatory mediation where the suit contemplates urgent interim relief, such as an injunction against dissipation of assets. The urgency has to be genuine and pleaded properly; courts have looked closely at claims of urgency used only to bypass mediation, so this exemption is not a routine way of avoiding the mediation step.

There is no fixed duration, and it depends heavily on the court’s workload, whether the defendant genuinely contests the claim, and whether interim applications are filed. The case management framework is designed to move faster than an ordinary civil suit by fixing timelines for pleadings and evidence in advance, but a contested commercial suit taken through to trial and judgment can still run for a few years in a busy court.

The company and its officers become liable to penalties under the Companies Act 2013, and continued default can lead to disqualification of directors from holding directorships in any company for a period, and eventually to the company being struck off the register by the Registrar of Companies. Persistent non-filing also complicates any future fundraising or sale of the business, since it surfaces immediately in due diligence.

Generally, a member or members holding a prescribed minimum percentage of the company’s issued share capital, or a prescribed minimum number of members, whichever threshold applies, can file under Sections 241-242 of the Companies Act 2013. The National Company Law Tribunal can also permit a petition below this threshold in appropriate cases. We assess eligibility and the strength of the underlying grievance before advising on whether to proceed.

Yes, in appropriate cases. A company struck off by the Registrar, or a member, creditor, or the company itself, can apply to the National Company Law Tribunal for restoration, generally within a prescribed period from the date of strike-off, on showing that the company was in operation or that it is otherwise just to restore it. Pending compliance and filings are typically required to be brought up to date once restored.

Ordinarily no, since writs lie against the state and public authorities. There is a narrower exception where a private body performs a public function or is substantially controlled or financed by the government, in which case a writ may lie against it in relation to that public function specifically. This is decided case by case and is not something to assume applies.

There is no fixed limitation period, unlike a civil suit, but unreasonable delay can itself defeat the petition under the doctrine of laches. As a practical matter, a petition challenging government action should be prepared and filed as soon as the client has a clear picture of the order or inaction being challenged, rather than after a long period of informal correspondence.

Usually the court will expect the statutory appeal to be exhausted first, but it retains discretion to entertain the writ regardless, particularly where the authority acted without jurisdiction, where natural justice was denied, or where the challenge concerns the validity of the underlying rule or statute rather than the merits of the individual order. The petition should explain clearly why the alternative remedy is inadequate in the circumstances of that case.

Yes. A homebuyer who has not received possession within the promised timeline can file a deficiency in service complaint before the appropriate Consumer Commission, seeking possession, refund with interest, or compensation. The same facts may also support a complaint before the Real Estate Regulatory Authority, and the choice between the two, or pursuing both where permissible, depends on the specifics of the case.

Beyond the value of the goods or service, a Commission can award compensation for loss or injury suffered because of the deficiency, and in some cases punitive damages for unfair trade practices. The amount depends on the facts proved, including any financial loss the complainant can document, and is not awarded simply because a deficiency is established; the complainant still has to prove the extent of harm.

No, a consumer can file and argue a complaint in person, and the Act was designed with that in mind. In practice, once the amount in dispute is significant or the opposite party is a large organisation represented by counsel, legal representation tends to make a material difference to how the evidence and legal issues are actually presented to the Commission.

Broadly, a transaction between a company and its directors, key managerial personnel, their relatives, or entities in which they hold a substantial interest. Examples include a company leasing office space from a director’s family, or purchasing supplies from a firm controlled by a promoter. These transactions require specific board or shareholder approval depending on their nature and value, and must generally be disclosed, since they carry an inherent conflict of interest.

The seat of arbitration determines which country’s courts have supervisory jurisdiction over the arbitration, including the power to grant interim relief or hear a challenge to the award. Choosing a seat in India generally makes the award easier to enforce domestically and keeps proceedings under Indian procedural law. Parties sometimes copy a seat clause from an unrelated precedent without considering whether it suits their own transaction.

No. The Companies Act 2013 requires a minimum number of board meetings each year and sets out notice, quorum, and minute-keeping requirements, regardless of company size. Skipping this because the founders speak informally every day creates a compliance gap that surfaces during an audit, a fundraise, or a dispute, when the absence of a proper record becomes difficult to explain.

Anticipatory bail is sought before arrest, to prevent it from happening in the first place, under Section 482 BNSS. Regular bail is sought after a person has already been arrested and is in custody. The considerations overlap, but a person already in custody is assessed somewhat differently, including on how long they have already been detained and the progress of the investigation.

Sometimes. Courts will consider quashing on settlement more readily in disputes that are essentially civil or personal in character, following the approach in Gian Singh v. State of Punjab. In offences with a serious public dimension, such as certain economic or violent offences, a settlement between the parties is less likely by itself to be sufficient, and the court will look at the nature of the allegation as a whole.

An accused in custody becomes entitled to apply for default, or statutory, bail if the investigating agency does not complete the investigation and file a chargesheet within the period the law allows, which varies with the seriousness of the offence. This is a distinct right from ordinary bail and does not depend on the merits of the case; it is triggered by the delay itself.

Often yes, depending on where the cause of action arose, where the contract was to be performed, or where the defendant has assets, among other factors that go into establishing jurisdiction. Once a suit is properly filed, the defendant abroad can be served under Order V of the Code of Civil Procedure, supplemented where relevant by the Hague Service Convention. It is worth taking advice early on jurisdiction and enforceability, since a case that succeeds in India but cannot be enforced against the defendant's assets abroad has limited practical value.

An anti-suit injunction is an order from a court restraining a party from pursuing or continuing a proceeding in a different, usually foreign, court. It is used sparingly, generally where the foreign proceeding is oppressive or vexatious, or breaches an existing agreement about where disputes should be resolved. It is not a tool for simply preferring one forum over another; a court will want to see a genuine reason why allowing the foreign proceeding to continue would cause real injustice.

The court can direct that the witness be examined on commission rather than requiring them to travel to India, either through a commissioner appointed to take the evidence in the witness's location or, increasingly, by video conferencing arranged with the court's permission. The procedure preserves the other side's right to cross-examine, so it is treated as broadly equivalent to evidence given in person, provided the arrangements for identification and recording are properly followed.

The Act has been enacted, but its full operation depends on detailed rules and institutional machinery, including the Data Protection Board, being put in place, and this has been happening in stages rather than all at once. We advise clients to check the current status for any specific obligation before assuming it is enforceable, and to treat the Act as the standard to build towards in the meantime.

A Data Principal is the individual whose personal data is being collected or used. A Data Fiduciary is the business or entity that determines the purpose and means of processing that data, and carries the compliance obligations under the Digital Personal Data Protection Act 2023, including obtaining valid consent and protecting the data. A single transaction can involve several Data Fiduciaries, each with independent obligations.

Generally, yes, wherever a vendor processes personal data on your behalf, such as a cloud host, payments provider, or analytics tool. A data processing agreement records what the vendor may do with the data, its security obligations, and what happens if there is a breach. This protects the business commissioning the processing, since responsibility for the data does not simply transfer to the vendor by informal arrangement.

The general limitation period for a suit to recover money is three years from the date the debt fell due, under the Limitation Act 1963. If the debtor gives a written and signed acknowledgment of the debt before that period ends, a fresh three-year period begins from the date of the acknowledgment. Keep any part-payment, settlement email or written promise to pay, because it can extend the window and later strengthen the claim itself.

These are not mutually exclusive. A cheque bounce complaint under Section 138 of the Negotiable Instruments Act 1881 is a criminal proceeding aimed at the drawer of the dishonoured cheque and can be filed alongside a civil recovery suit for the underlying debt. The criminal complaint often creates pressure to settle because of the possible custodial sentence, while the civil suit or arbitration remains the route to an enforceable money decree if settlement does not happen.

Usually, yes, where the claim is based on a written contract, a bill of exchange or an acknowledged debt. Under Order XXXVII of the Code of Civil Procedure 1908, the defendant cannot defend as of right and must apply for leave to defend, which can be refused or made conditional if the defence looks unreal. This removes much of the delay that comes from a defendant filing a written statement and contesting every fact in an ordinary suit.

Banks and notified financial institutions can generally approach a Debts Recovery Tribunal for debts of 20 lakh rupees or more, a threshold fixed under the Recovery of Debts and Bankruptcy Act 1993 and its rules, which can be revised over time. Claims below the applicable threshold are usually pursued through the ordinary civil courts instead, and it is worth checking the current figure before assuming an older one still applies.

The matter moves to a Recovery Officer attached to the Tribunal, who has powers similar to a civil court executing a decree, including attaching and selling the debtor’s property to satisfy the amount stated in the certificate. This execution stage can take significant time, particularly where assets are disputed in value or location, or where the debtor raises fresh objections before the Recovery Officer.

Yes, to the Debts Recovery Appellate Tribunal, but a borrower appealing is required to deposit a percentage of the amount ordered before the appeal is heard, subject to the Appellate Tribunal’s limited discretion to reduce the deposit in a deserving case. Because this pre-deposit is mandatory in substance, any appeal strategy needs to plan for it financially from the outset, not treat it as a later formality.

Often, yes, if the settlement is fully agreed before the first motion is filed and the court grants a waiver of the six-month interval. In that scenario, both motions can sometimes be clubbed into a single hearing or held within days of each other, meaning one visit may cover the whole process. This depends on the particular court's practice and on the judge being satisfied the case genuinely qualifies for waiver, so it is worth confirming the likely timeline with counsel before booking travel.

Either party can withdraw consent at any point before the second motion is heard and the decree is actually passed, since the law requires consent to be genuine and continuing, not just given once at the start. If that happens, the mutual consent petition cannot proceed, and the party who still wants a divorce would need to pursue a contested petition instead, relying on an available ground such as cruelty or desertion. This is one reason a settlement should be as complete and mutually acceptable as possible before filing.

Yes, if any exist. It is common for a matrimonial dispute to run alongside a complaint under the cruelty provisions of the Bharatiya Nyaya Sanhita or an application under the domestic violence law, and an incomplete settlement that resolves the divorce but leaves a criminal complaint open defeats much of the point of settling at all. A properly drafted settlement records the steps each party will take to have such proceedings withdrawn or quashed, and the timing of those steps relative to the divorce itself.

Not yet, uniformly. The four Codes, covering wages, industrial relations, social security, and occupational safety, have been enacted, but as of now their detailed rules are still being notified and implementation varies by state and subject. Employers currently need to check, for each obligation, whether the relevant Code provision is actually in force or whether the older statute it replaces still applies. We advise on this on a case-by-case basis given the pace of change.

Generally, not after employment ends. Section 27 of the Indian Contract Act 1872 treats a post-employment restraint on working in the same trade as void, since it restrains the employee’s lawful right to earn a living. Restrictions that apply during employment, and reasonable confidentiality or non-solicitation clauses, are more likely to be enforced. We review such clauses to advise what is actually likely to hold up if tested.

The POSH Act 2013 requires every employer with ten or more employees to constitute an Internal Committee, and this obligation applies from when the employer meets that threshold, not from a later date of the employer’s choosing. There is no grace period built into the Act. Employers who have grown past ten employees without constituting a committee are already out of compliance and should address it promptly.

It depends on where the judgment is from. If it was passed by a superior court in a country India has notified as a reciprocating territory, it can generally be executed directly in an Indian district court under Section 44A of the Code of Civil Procedure, much like an Indian decree. If the country is not a notified reciprocating territory, you would instead need to file a fresh civil suit in India, using the foreign judgment as the basis for your claim, which takes longer and requires proving the underlying case again.

Not automatically. Following Y. Narasimha Rao v. Y. Venkata Lakshmi, a foreign divorce decree is recognised in India only where the jurisdiction the foreign court exercised, and the ground on which it granted the divorce, would also be recognised under the law that governed the marriage. A decree obtained without the other spouse's genuine participation, or on a ground unfamiliar to Indian matrimonial law, can face a real challenge to its recognition in India, so it is worth confirming the position rather than assuming the decree is final everywhere.

You may be able to, if your case falls within one of the specific exceptions in Section 13 of the Code of Civil Procedure, such as the foreign court lacking proper jurisdiction, the judgment being obtained by fraud, or the proceedings having been conducted in a manner opposed to natural justice. These are narrow, defined exceptions rather than a general right to reargue the case on its merits, so it is worth having the underlying facts assessed early to see whether a genuine defence exists.

The Tribunal's jurisdiction covers substantial questions relating to the environment arising under a specified set of environmental statutes, including matters concerning water and air pollution, forest conservation and environmental clearances. Purely municipal grievances with no substantial environmental question, or matters that fall outside the specified statutes, are not necessarily within its jurisdiction, and that needs to be checked before filing.

The Tribunal can grant interim relief, including a stay on construction or operation, where the applicant shows a strong case and the balance of convenience favours a stay pending the full hearing. This is assessed on the facts of each matter, and an applicant who delays before seeking such relief may find the balance of convenience has shifted against them by the time the application is heard.

The Tribunal has a limited power to condone delay of up to a further sixty days beyond the initial six months, provided sufficient cause is shown for the delay. Beyond that combined period, the application is ordinarily time-barred and cannot be entertained, which is why an environmental grievance should be raised with counsel as soon as it becomes apparent, rather than after prolonged informal efforts to resolve it.

A mutual consent divorce under the Hindu Marriage Act ordinarily requires two motions six months apart, though the Supreme Court's decision in Amardeep Singh v. Harveen Kaur allows this cooling-off period to be waived in appropriate cases where the parties have genuinely settled and there is no possibility of reconciliation. Where the waiver is granted, the divorce can be finalised in a matter of weeks. A contested divorce, by contrast, can run for several years depending on the issues in dispute.

Yes. The maintenance provisions under Section 144 BNSS and under the Hindu Marriage Act are not limited to wives; a husband who is genuinely unable to maintain himself and whose wife has sufficient independent means can apply for support in the same way. These applications are less common in practice than applications by wives, but they are not unusual, and the court applies broadly the same approach to income, need and reasonable expenses on either side of the marriage.

It can be one of several factors, but it is not automatically decisive. A court examines the specific allegations, any interim orders already made, and the overall welfare of the child, rather than treating a pending complaint as settling custody by itself. Both the allegation and the response to it need to be supported by evidence, since bare assertions on either side carry little weight.

A retainer provides defined legal support on a predictable basis without the cost of a full-time employee, including salary, benefits, and the need to manage a growing legal function internally. It suits businesses that need consistent legal support but not enough volume to justify a full-time hire. Many businesses move from a retainer to an in-house team as volume grows, and we advise on that transition when it becomes relevant.

Typically, matters above the agreed escalation threshold: a significant transaction such as a fundraise or acquisition, contested litigation, or a regulatory investigation. These are usually scoped and priced separately, since they require more intensive, dedicated work than the recurring scope a retainer is built for. The retainer arrangement usually specifies this boundary clearly so there is no ambiguity when a larger matter arises.

Yes, and it generally should be. As a business grows, enters new markets, or has a bad experience with a particular type of clause, the playbook should be revisited to reflect what has been learned. We review playbooks periodically as part of the retainer, rather than treating the first version as fixed indefinitely, since a playbook that never changes gradually falls out of step with the business.

Not automatically. A nomination generally authorises the nominee to receive the asset from the bank or institution so that it does not remain frozen, but it does not by itself override the succession law that determines who is legally entitled to the money. If you are a nominee but not an heir, the actual heirs can still claim their share from you. It is worth treating a nomination as a practical convenience rather than as proof of ownership, and confirming the underlying succession position separately.

It depends on where the property is and whether there is a will. Probate is compulsory for wills made within the jurisdiction of the High Courts of Calcutta, Bombay or Chennai, or affecting immovable property situated there, and is commonly obtained elsewhere as well since it gives clear proof of a will's validity. Where there is no will, you would instead typically need letters of administration or, for movable assets like bank balances, a succession certificate, depending on what is being claimed.

Where heirs agree, a family settlement or partition deed can divide the property by consent, which is usually quicker and less expensive than litigation, and can be executed by an heir abroad through a power of attorney or before an Indian mission. Where heirs disagree, a partition suit before the appropriate civil court is the available route, and it can proceed with heirs abroad participating through counsel and, where required, appearing by video link for specific hearings rather than travelling for every stage.

Timelines vary considerably depending on whether the application is opposed and how the Registrar’s office is processing filings at the time. An unopposed application can proceed to registration in a shorter period, while an opposed application can take substantially longer, since it involves an exchange of evidence and, often, a hearing. We advise clients on realistic timelines for their specific mark and class rather than a single fixed figure.

Yes, through a passing off action, provided you can show goodwill in the mark, misrepresentation by the other party, and resulting damage or likely damage. This is generally harder to prove than a straightforward infringement claim based on a registered mark, since you must establish reputation through evidence rather than relying on a certificate of registration, which is one reason we recommend registering early.

No. Copyright under the Copyright Act 1957 arises automatically on creation of an original work, without any requirement of registration. Registration is not a precondition to protection, but it creates useful evidence of ownership and the date of creation, which can matter significantly if authorship or ownership is later disputed. For that reason, we generally recommend registering works of real commercial value rather than relying on unregistered copyright alone.

Registration is not mandatory to use a name, but an unregistered name is generally harder and more expensive to protect if another business starts using something similar. A registered trade mark under the Trade Marks Act 1999 gives the owner a statutory right to object to and stop infringing use, which is a materially stronger position than relying on the older, harder-to-prove ground of prior use alone.

This depends on the termination provisions in the franchise agreement, but generally, continued use of the brand after a properly terminated agreement is a trade mark infringement and a breach of contract, and the franchisor can seek an injunction to stop it along with damages. Acting promptly once termination has occurred is important, since delay can complicate both the legal and the practical position.

Respond within the timeline set by the consumer commission, address the specific facts of the complaint with supporting documentation, and consider settlement where the complaint has genuine merit, since prolonged litigation over a small claim rarely serves the business. It is also worth examining whether the complaint reflects a wider issue in a policy or process, since consumer commissions and regulators do notice patterns across multiple complaints.

It depends on how the platform has structured and disclosed its role. A genuine marketplace that clearly identifies the seller and discloses that it is facilitating rather than making the sale generally has different, often narrower, liability than an inventory-based seller. This distinction only holds up if the platform’s actual practices, and its seller agreements, are consistent with the marketplace model it claims in its disclosures.

On receiving a credible complaint or notice from a brand owner, the platform should generally act on it, which typically means removing or suspending the listing and, depending on the platform’s policies and the seller agreement, taking action against the seller. Acting promptly and consistently on legitimate takedown requests is also relevant to the platform’s own legal position if it is later drawn into the dispute.

This is scrutinised as a potential unfair trade practice if the reference price was inflated or never genuinely charged, since the discount then misrepresents the actual value being offered. Advertising claims should generally reflect a genuine prior price and be capable of being substantiated if challenged, whether by a consumer complaint or by the Central Consumer Protection Authority.

Depending on the state and the category of institution, fee increases may be subject to regulation through a fee committee or similar mechanism, and parents can generally raise a complaint if an increase is not properly justified or communicated. An institution that documents the cost basis for a fee increase and follows the applicable notification process is in a considerably stronger position to defend it if challenged.

The POSH Act 2013 applies to workplaces generally, and an educational institution employing staff is an employer for this purpose regardless of its size, so an internal committee is generally required. Institutions sometimes assume the requirement only applies to larger organisations, which is not correct, and the absence of a properly constituted committee is itself a compliance failure independent of whether any complaint has been made.

This depends on what the employment or engagement agreement says. If the agreement does not address ownership of content created in the course of teaching, the position can be genuinely unclear, particularly for adjunct or visiting faculty who are not full-time employees. Institutions and edtech platforms are better served by addressing ownership and post-engagement usage rights explicitly in the contract rather than relying on an assumption that may not hold up.

Where the loan qualifies under the SARFAESI Act 2002, a secured lender can generally issue a demand notice and, following the prescribed process, take possession of the secured asset without first obtaining a civil court decree. The borrower has statutory rights to object and to approach the Debts Recovery Tribunal if the process is not followed correctly, so the lender’s own compliance with the procedure matters as much as the borrower’s default.

If the loan does not meet the conditions for SARFAESI enforcement, for example because it is unsecured or below the applicable threshold, the lender generally needs to pursue recovery through a civil suit or, where eligible, through proceedings before the Debts Recovery Tribunal under the Recovery of Debts and Bankruptcy Act 1993. This route is more time-consuming than SARFAESI enforcement.

This depends on what the borrower actually consented to and what the platform disclosed at the time of collection. Under the Digital Personal Data Protection Act 2023, sharing personal data with a third party generally requires that the original notice and consent covered that specific purpose. A platform that shares borrower data with a partner or recovery agent beyond what was disclosed risks both a regulatory complaint and a data protection claim.

Generally, yes, particularly where the doctor was employed by the hospital or the hospital held itself out as providing the treatment directly. The extent of the hospital’s liability, as distinct from the treating doctor’s personal liability, often depends on the nature of the engagement between them, which is one reason employment and consulting agreements for clinicians need to address liability allocation clearly.

A consent form is stronger evidence of informed consent when it reflects an actual conversation about the procedure, its material risks, and the available alternatives, documented at the time and specific to the patient’s situation, rather than a generic printed form signed without discussion. Commissions examining a negligence claim look at whether genuine informed consent was obtained, not merely whether a form exists in the file.

Complaints before a consumer commission under the Consumer Protection Act 2019 are generally subject to a limitation period running from when the cause of action arose, though commissions have discretion to condone delay for sufficient reason. Because the applicable period and its starting point depend on the specific facts, providers facing a complaint filed after some delay should get it reviewed rather than assuming it is time-barred.

If the supplier is a registered micro or small enterprise under the MSMED Act 2006, delayed payment beyond the statutory timeline attracts compounded interest that the buyer cannot contract around, and the supplier can refer the dispute to the Micro and Small Enterprises Facilitation Council. Buyers sometimes underestimate how quickly this interest accumulates, since it applies from the due date regardless of whether the supplier has raised a formal complaint.

Generally, yes. Under the product liability provisions of the Consumer Protection Act 2019, a manufacturer can be held liable for a manufacturing or design defect even where the sale to the end consumer went through a distributor or retailer with whom the manufacturer had no direct contract. The absence of a direct sale relationship is not, on its own, a defence.

The Industrial Disputes Act 1947 requires specific steps before retrenchment, generally including notice or pay in lieu of notice, retrenchment compensation, and in some cases prior government permission depending on the size of the establishment. Retrenchment carried out without following this process can be challenged before a labour court or tribunal, and the process required depends on the specific facts, so this should be checked before any workforce reduction is implemented.

A properly drafted non-solicitation clause, restricting the former employee from actively approaching specific clients or employees for a defined period, is generally more enforceable in India than a broad non-compete that tries to stop them working in the field at all. Indian courts have generally been reluctant to enforce post-employment restraints on livelihood, so the clause needs to be drafted narrowly and specifically to have a realistic chance of being enforced if challenged.

This depends significantly on whether the engagement letter defined the deliverables and any approval process clearly. If it did, and the work was delivered and accepted according to that process, a demand notice followed by a summary suit for recovery is generally available. If the scope was never clearly defined, the dispute becomes harder to resolve quickly, which is exactly why a clear engagement letter matters before the work begins.

This should ideally be set out in advance in the partnership deed or LLP agreement, specifying a valuation method, such as a formula based on recent accounts or an independent valuation, and the payment terms. Where the governing document is silent, the departing and remaining partners generally need to negotiate this from scratch, often without an agreed starting point, which tends to prolong the exit and can end in litigation if a valuation cannot be agreed.

A buyer can generally file a complaint before the state Real Estate Regulatory Authority under RERA, seeking either possession with compensation for the delay or a refund of the amount paid with interest. The remedy available depends on the terms of the allotment agreement and how far the delay has extended beyond the disclosed timeline. RERA proceedings are generally quicker than a civil suit, which is part of why the forum was created.

Most residential and commercial projects above certain size and unit thresholds set by the state rules need to be registered before any unit is advertised, marketed or sold. Certain smaller projects and renovation work may fall outside the registration requirement, but the applicable thresholds vary by state, so this needs to be checked against the specific state’s RERA rules before a project launches.

Most construction and EPC contracts include an arbitration clause under the Arbitration and Conciliation Act 1996, which means disputes over cost overruns, delay or defects are typically resolved by an arbitrator rather than through a civil suit. The contract’s own provisions on variations, extension of time and valuation of additional work generally govern the outcome, which is why those clauses matter more in practice than they may seem to at the time of signing.

It helps to have legal input at incorporation, even before revenue, because the decisions made then, entity type, founder equity split, vesting, are expensive to unwind later and cheap to get right at the outset. You do not need extensive advisory work at this stage, but a properly drafted founders’ agreement and a correctly structured incorporation are worth the cost before the business has any income at all.

It depends entirely on whether the founders’ agreement includes a reverse vesting clause. If it does, unvested shares are typically bought back or forfeited on departure, according to the agreed schedule. If it does not, the departing founder generally keeps their full shareholding regardless of how long they worked, which is a common source of dispute and a common reason later investors hesitate to fund the company.

Investors typically review the cap table against statutory registers, IP assignment agreements from founders and early employees, existing contracts with customers and vendors, employment agreements, and any pending or threatened litigation. Gaps in IP assignment and inconsistencies between the cap table and company records are among the most common issues that slow down or stall a funding round.

Not automatically. Unlike an employee’s work in the course of employment, a freelancer’s output generally remains their intellectual property unless the engagement contract assigns it to the company. A written assignment clause, signed before or at the start of the engagement, is the reliable way to ensure the company owns what it pays a contractor to build.

The Digital Personal Data Protection Act 2023 applies broadly to businesses processing personal data of individuals in India, with obligations scaled in some respects to the nature of the processing. In general terms, this means giving clear notice of what data is collected and why, obtaining valid consent, and having a process for individuals to withdraw consent or seek correction. The specific compliance steps depend on what data your product collects and how it is used.

Generally, an intermediary that follows the due diligence requirements under the Information Technology Act 2000, including having a grievance mechanism and acting on valid takedown requests, is protected from liability for user-generated content. That protection is conditional, not automatic, and a platform that ignores its due diligence obligations can lose it.

No. The guides explain how a process generally works and what documents and timelines are typically involved, but they cannot account for the specific facts of your situation, such as exactly how you were served, what a prior settlement says, or what evidence actually exists. They are written to help you prepare better questions and gather the right documents before a consultation, so that the call itself can focus on your particular case rather than on background the guide has already covered.

Consultations are conducted by video call and scheduled at a time that suits your own time zone, since clients are based across the Gulf, North America, the United Kingdom, Australia and Singapore, among other places. Before the call, it helps to gather any notices or orders you have received, a brief written timeline of events, and relevant documents such as property papers or a marriage certificate. The call itself covers the legal position, realistic next steps and an honest assessment of where things stand.

Start with the guide that most closely matches how the problem first showed up: a notice or petition points to the family and matrimonial checklist, a relative or tenant refusing to leave a property points to the property guides, and a death in the family points to the succession guides. If none of these fit clearly, it is quicker to describe the situation on a first call than to guess at the right guide, since the guides are meant to prepare for a consultation, not replace one.

Only if the supplier is registered as a micro or small enterprise under the Udyam framework at the time of the transaction; unregistered suppliers and medium enterprises fall outside this delayed-payment mechanism and must rely on ordinary contract and civil remedies instead. Registration is checked first in any Facilitation Council reference, and a buyer will often raise the absence of registration as a defence, so keeping the Udyam certificate on file matters as much as the invoice itself.

Section 16 of the MSMED Act 2006 fixes it at three times the bank rate notified by the Reserve Bank of India, compounded monthly, running from the day after the payment became due until the date of actual payment. This is well above typical commercial interest and applies automatically; the buyer does not need to have agreed to it, and cannot contract it away, which is part of why Facilitation Council references tend to bring buyers to the table.

The Council first attempts conciliation between the parties. If that does not produce a settlement, the Council either arbitrates the dispute itself or refers it to an arbitration institution, with a broad expectation that the process concludes within around 90 days of the reference. A buyer wishing to challenge the resulting decree must first deposit 75 per cent of the awarded sum, which is why many disputes settle once a reference is actually filed.

Generally, a marriage validly solemnised under the law of the country where it took place is recognised in India, but recognition and formal documentation are not quite the same thing. For most practical purposes, including property, visas and any later matrimonial proceeding, it is worth also registering the marriage in India, or registering it under the Foreign Marriage Act 1969 where that route applies, so that there is a clear Indian certificate rather than relying solely on foreign paperwork.

Requirements vary by destination country, but most ask for a marriage certificate, proof the marriage is genuine and subsisting, and supporting affidavits or statements. Where the certificate was issued in India, it will usually need to be apostilled under the Hague Apostille Convention, or attested through the relevant embassy if the destination is not party to that Convention, before the receiving authority will accept it. It is worth checking the exact requirements of the specific visa category early, since they differ from country to country.

An Indian marriage certificate is first authenticated by the relevant state authority and then apostilled through the Ministry of External Affairs or an agency authorised by it, a process that confirms the document's origin for use in another country that is party to the Hague Apostille Convention. If the destination country is not party to that Convention, the certificate instead needs to be attested through that country's embassy or consulate in India. Either process is easier to complete while you are in India than to arrange remotely afterwards.

Not entirely. An asset purchase generally lets the buyer choose which liabilities to assume, but certain liabilities, such as accrued employee dues in some circumstances or specific statutory liabilities, can attach regardless of the parties’ contractual allocation. We review the specific liabilities involved, on a deal-by-deal basis, before advising a client to rely on an asset structure as a complete shield against the target’s history.

It depends on whether the transaction crosses prescribed asset or turnover thresholds set out under competition law, assessed for the parties and, in some cases, their group companies. Transactions below the thresholds generally do not require notification. We assess this early in a transaction, since a required approval that is missed or delayed can hold up closing significantly, sometimes by several months.

There is no fixed period; it is a matter of negotiation between the parties, commonly ranging from several months to a couple of years depending on the nature of the risks the escrow is meant to cover, such as warranty claims or specific indemnities with a longer tail. Tax-related indemnities in particular are sometimes given a longer escrow period to reflect the time available for tax authorities to raise a claim.

The default must generally be at least one crore rupees for an application under Section 7 or Section 9 of the Insolvency and Bankruptcy Code 2016 to be admitted against a corporate debtor. This threshold was raised some years ago from a much lower figure, and defaults below it must be pursued through other routes such as a civil suit, arbitration, or SARFAESI where the debt is secured by a mortgage.

This is risky. Courts have repeatedly said the Insolvency and Bankruptcy Code 2016 exists to resolve genuine financial distress, not to function as a debt-collection tool, and an application filed against an otherwise solvent company mainly to force payment can be dismissed, sometimes with costs against the applicant. Where the company disputes the debt genuinely, this risk is higher still, particularly for operational creditors.

Once an application is admitted, Section 14 imposes a moratorium that generally suspends pending suits, arbitration proceedings and execution against the company’s assets for the duration of the corporate insolvency resolution process. Claims must instead usually be filed with the resolution professional for consideration by the committee of creditors, and their recovery then depends on the terms of any resolution plan that is eventually approved, or on the liquidation process if no plan succeeds.

It depends on where the money is coming from. Funds earned abroad and remitted to India are generally held in an NRE account, which is freely repatriable, while income earned within India, such as rent, is generally routed through an NRO account, which carries more restrictions on repatriation. An FCNR account is used where you want to hold a deposit in foreign currency rather than convert it to rupees. Getting this right at the outset avoids having to reclassify or restructure funds later.

It depends on whether the investment is structured on a repatriable or non-repatriable basis, and on which regulatory route applied to the original investment. Repatriable investment, including its returns, can generally be sent abroad, whereas non-repatriable investment is generally intended to stay within India or be dealt with domestically. This is a structuring decision worth making deliberately when the investment is first made, since changing it after the fact is considerably harder than getting it right from the start.

Yes, an NRI or an overseas investor can incorporate a company or form an LLP in India, though the specific route and any approval requirements depend on the sector and the structure of the investment. Once incorporated, the entity has ongoing obligations, including reporting foreign investment received and changes in shareholding, alongside routine filings under company or LLP law. It helps to plan these compliance steps at incorporation, since they are far easier to build into the structure from the outset than to retrofit later.

Not lawfully without an attempt at proper service, but it does happen that a person living abroad only learns of a petition well after it was filed, sometimes after a decree has already been passed. If that happens to you, the priority is to establish exactly how and when you were served, or whether you were served at all, since that governs whether an application to set aside the decree under Order IX Rule 13 of the Code of Civil Procedure is likely to succeed. Acting within the thirty-day limitation, or as close to it as possible, matters more than almost anything else at that stage.

Yes, in the right circumstances. Section 19 of the Hindu Marriage Act allows a petition to be filed at the place the petitioner resides where the respondent is residing outside India at the time the petition is presented. This means an NRI who has returned to India, or who retains family and connections at a particular place there, can often file at that place rather than travelling to wherever the other spouse happens to be. Where the respondent is outside India, the court also needs to be satisfied that proper steps were taken to serve them, which can include service through the Ministry of External Affairs.

No. Indian courts increasingly permit appearance by video conferencing for parties based abroad, particularly for routine or procedural hearings. Certain stages do usually call for presence, most notably the recording of evidence and cross-examination, and, in a mutual consent divorce, the motions where the parties confirm the settlement before the court. Even then, courts have shown some flexibility where genuine hardship is shown, including exemption applications supported by proper explanation. The practical approach is to plan the handful of hearings that truly need you in the room well in advance, rather than assuming every date will.

Generally, no. FEMA restricts the acquisition of agricultural land, plantation property and farmhouses by non-resident Indians, and these categories are usually excluded even where the rest of a transaction looks straightforward. Inheritance is treated differently from purchase, so an NRI can typically inherit such property even though they could not have bought it. Before agreeing to any purchase, it is worth confirming the property's classification, since land described informally as a plot can sometimes still carry an agricultural land record.

The right approach depends on how they came to occupy it. If they were let in as a tenant or licensee, the usual route is a notice followed by an eviction proceeding under the applicable state law. If there was never any agreement and they simply moved in, a suit for possession, sometimes combined with an injunction, is the appropriate remedy. Waiting too long to act can complicate matters, so it is worth taking advice as soon as you become aware of the occupation rather than after further delay.

A buyer purchasing property from a non-resident seller is required to deduct tax at source at a materially higher rate than applies to a resident seller, calculated on the sale consideration rather than only on the gain. This deduction happens at the time of sale, and the seller can subsequently claim a refund of any excess through an income tax return, or apply in advance for a lower deduction certificate where the actual tax liability is expected to be lower. Planning for this before agreeing a price avoids an unwelcome surprise at completion.

Typically the driver of the offending vehicle, its owner, and the insurance company are all made parties, since liability and the obligation to pay compensation can fall on more than one of them depending on the facts, including whether the driver held a valid licence and whether the insurance policy was in force at the time of the accident. The Tribunal can apportion liability between these parties once it hears the evidence.

It depends on the type of property and, in some cases, on the religion of the deceased, since the requirement for probate under the Indian Succession Act 1925 applies more strictly in certain situations, including wills of property within the former presidency towns and their extended areas, which covers much of Delhi. Whether probate is actually required for a given estate is worth confirming before assuming either way.

A cheque dishonour complaint is a criminal proceeding under the Negotiable Instruments Act 1881, and it is discussed in more detail on our criminal law page rather than here, since it shares more procedurally with other criminal complaints than with the civil and tribunal matters covered on this page. The underlying debt itself can sometimes also be pursued separately as a civil recovery claim.

For most NRI purposes, a special power of attorney limited to specific, clearly described acts is the safer choice, even though a general power can feel more convenient at the outset. A general power exposes you to the risk that the holder acts in ways you never intended, across matters you did not have in mind when you signed it. If you need someone to handle several distinct matters, it is usually better to prepare separate special powers for each than one broad, open-ended document.

Execution before the Indian embassy or consulate in your country of residence is generally the preferred route, since it is widely accepted in India without further formality. Where that is genuinely impractical, notarisation before a local notary followed by an apostille under the Hague Apostille Convention is an available alternative, provided your country of residence is party to that Convention. Which option is more suitable depends on your location and the purpose of the document, so it is worth checking before proceeding.

An unstamped or improperly stamped power of attorney can run into difficulty when it is actually relied upon, since banks, registrars and courts generally expect to see that stamp duty has been paid, and adjudication is typically required within three months of the document's receipt in India. Beyond that period, the position becomes more complicated and can involve penalties. It is far simpler to have the document adjudicated and stamped promptly than to try to fix the position later once it is needed urgently.

Generally no. A landlord seeking eviction has to follow the legal process applicable to the tenancy, whether under a state rent control statute or through a civil suit where the tenancy falls outside such protection, and self-help eviction, such as changing locks or cutting utilities, exposes the landlord to legal consequences of its own. The correct route depends on the nature and terms of the tenancy.

The buyer can sue for specific performance of the agreement to sell, asking the court to compel the seller to execute and register the sale deed, provided the buyer has been ready and willing to pay the balance price. Where specific performance is not granted, the buyer can instead claim a refund of the earnest money paid, generally with interest and sometimes damages for the breach.

An unregistered agreement to sell does not by itself transfer ownership of immovable property, but it can still be relied on as evidence of the contract and used as the basis for a suit for specific performance or for recovery of amounts paid under it. Registration becomes essential for the sale deed itself, which is the document that actually transfers title.

It depends on the debtor’s profile, whether the debt is secured, the amount involved and what evidence exists. A well-documented debt against a solvent debtor with identifiable assets usually suits a summary suit or arbitration; a debt evidenced by a bounced cheque adds a criminal route; a secured debt against a company already in difficulty may call for SARFAESI or, in limited cases, insolvency. This assessment is worth doing before any notice is sent, not after.

Yes, where the facts support both, such as an unpaid debt evidenced by a dishonoured cheque. A civil suit or arbitration seeking the money and a Section 138 complaint over the cheque can proceed in parallel, since they address different legal questions and neither bars the other. Many recoveries are actually achieved through settlement once both tracks are running, because the pressure of the criminal complaint pushes a resolution the civil claim alone might not.

Keep clean, contemporaneous records: the signed agreement or purchase order, delivery or completion evidence, invoices, and any written communication acknowledging the amount owed or agreeing to pay it. Get variations to payment terms confirmed in writing, even informally by email. If a part-payment is made, record what it was for. None of this costs much at the time, and it is consistently what determines how quickly, and how fully, a debt can be recovered later.

The authority can proceed to pass a final order based on the material before it, generally against the recipient, without the benefit of any explanation or evidence the recipient might have offered. This is usually the worst outcome available, since it forecloses the chance to contest the allegation at this stage and leaves only a subsequent appeal, which starts from a weaker position than a timely response would have.

No. FEMA 1999 and the rules made under it set different routes and sectoral caps for foreign direct investment depending on the sector, with some sectors on an automatic route not requiring prior government approval and others requiring approval or subject to caps. The applicable route and cap depend on the specific business activity, so we assess this against the actual sector before advising on a structure.

We generally recommend reviewing it at least annually, and whenever the business changes materially, such as entering a new state, adding a new business line, or crossing a threshold that triggers a new registration requirement. Compliance calendars built once and never revisited tend to miss new obligations that arose as the business grew, which is often when they are most needed.

A Section 13(2) demand notice gives the borrower 60 days to repay the outstanding amount in full. Within that window, the borrower can also make a representation objecting to the notice under Section 13(3A), which the lender must consider and respond to with reasons if it is rejected. Doing nothing during these 60 days is the single biggest mistake, because it leaves the lender free to move to possession once the period expires.

Once a lender takes a measure under Section 13(4), such as taking possession, the correct challenge is an application to the Debts Recovery Tribunal under Section 17, not a writ petition or a civil suit, save in limited circumstances. This application must be filed within 45 days of the measure being taken. Courts have repeatedly held this window is not to be treated loosely, so acting quickly matters more than the strength of the underlying objection.

No. It applies only where a bank or a specified financial institution holds a security interest, typically a mortgage, over the borrower’s property, and the account has been classified as a non-performing asset under the applicable norms. Unsecured lending, and lending by entities not notified under the Act, generally falls outside SARFAESI and must be recovered through a civil suit, the Debts Recovery Tribunal where the threshold is met, or arbitration.

Ordinarily yes. The Administrative Tribunals Act 1985 generally requires that the available departmental remedy of appeal or representation be pursued first, and that the applicant either receive a decision or allow a reasonable period to pass, before the Central Administrative Tribunal will entertain the original application. There are limited exceptions, but they should not be assumed to apply without checking the specific facts.

The Tribunal can interfere with the punishment where the inquiry itself was procedurally unfair, or where the punishment is so disproportionate to the proved misconduct that no reasonable authority could have imposed it. It does not ordinarily reweigh the evidence that the inquiry officer already considered and came to a reasoned conclusion on, so the challenge has to be framed around procedure or proportionality rather than a fresh assessment of guilt.

Yes, a final order of the Central Administrative Tribunal can be challenged before the Delhi High Court, generally by way of a writ petition, though courts apply the same restraint they apply to any tribunal order and will not readily reopen findings of fact the Tribunal has already made after a proper hearing. The challenge is usually confined to jurisdictional error, procedural unfairness, or a clear error of law.

Yes, generally. A shareholders’ agreement governs the company and its investors once shares are issued and often after a funding round. A founders’ agreement covers matters specific to the founding team, such as roles, vesting, and what happens if a founder exits early, which investors will not have addressed in detail. The two documents work together rather than replacing each other, and having only one usually leaves gaps.

It depends on your plans. A private limited company under the Companies Act 2013 is generally the structure investors expect, since it permits equity fundraising, ESOPs, and standard share transfer mechanisms. An LLP under the LLP Act 2008 has simpler compliance and different tax treatment but is harder to raise equity funding into. Most startups planning to raise external capital choose a private limited company from the outset.

There is no fixed rule, but granting options early, while the exercise price is low, is usually more meaningful to the employee than granting the same percentage later at a higher valuation. Companies typically create an ESOP pool at incorporation or before the first funding round, reserving a percentage of equity, and grant options to key hires with a standard vesting schedule under a scheme approved by the board and shareholders.