Esheria India Case Law
Sign in
India Source-linked decisions Coverage checked

India Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
0 court collections
Last checked

Search and filter India case law

Results update automatically as you type.

India decisions

Decisions matching the current search

Clear filters
Commercial courts act

M/S DHANBAD FUELS PRIVATE LIMITED versus UNION OF INDIA & ANR

Section 12A is mandatory, but the consequence of rejection of plaint for non-compliance with s.12A is prospectively applicable from 20.08.2022; suits instituted before that date (and not falling within specified exceptions) cannot be summarily rejected for non-compliance but, if an objection is raised or parties express intent to mediate, the court may keep the suit in abeyance and refer the parties to time-bound mediation under s.12A, the PIMS Rules and applicable SOP; suits contemplating urgent interim relief are excepted where such relief is 'contemplable' from plaintiff’s standpoint.

Source excerpt

  • Pre-institution mediation
  • Rejection of plaint
  • Order vii rule 11 cpc
  • Prospective overruling
  • Urgent interim relief
  • Lex non cogit ad impossibilia
Read case analysis
Civil procedure

ADITYA KHAITAN & ORS. versus IL AND FS FINANCIAL SERVICES LIMITED

The Court held that by virtue of the order dated 08.03.2021 (and subsequent orders) in In Re: Cognizance for Extension of Limitation the period from 15.03.2020 to 14.03.2021 must be excluded for computing limitation and the outer limits within which courts can condone delay; applying that exclusion to the present facts, the applications filed on 20.01.2021 were within time and the High Court erred in rejecting them, so the written statements filed on 20.01.2021 must be taken on record.

Source excerpt

  • Extension of limitation
  • Written statement filing timelines
  • Order 8 rule 1 cpc as amended for commercial disputes
  • Condonation of delay
  • Suo motu extension of limitation
Read case analysis
Arbitration

GOVERNMENT OF MAHARASHTRA (WATER RESOURCES DEPARTMENT) REPRESENTED BY EXECUTIVE ENGINEER versus M/S BORSE BROTHERS ENGINEERS & CONTRACTORS PVT. LTD.

The Court held that section 43 of the Arbitration Act makes the Limitation Act applicable to appeals under section 37 and that where appeals fall under the Commercial Courts Act (specified value at or above three lakh rupees leading to s.13(1A)), a uniform 60-day limitation applies; section 5 Limitation Act remains available but must be interpreted in the context of the Arbitration Act and Commercial Courts Act so that only short delays may be condoned in exceptional cases where the appellant acted bona fide and not negligently. The Court overruled N.V. International (2020) 2 SCC 109 to the e…

Source excerpt

  • Condonation of delay
  • Limitation period for appeals
  • Appeals under section 37 arbitration act
  • Application of section 5 limitation act
  • Statutory interpretation
  • Speedy disposal of disputes
Read case analysis

About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.