Notes on Indian law filed under Civil disputes, published by Juris Eagle.https://juriseagle.com/insights/practice/civil-disputesen-inMon, 09 Nov 2026 12:40:42 GMThttps://juriseagle.com/disclaimerhttps://juriseagle.com/insights/a-carriers-liability-for-goods-lost-on-the-road-and-the-consignment-notehttps://juriseagle.com/insights/a-carriers-liability-for-goods-lost-on-the-road-and-the-consignment-noteA common carrier of goods by road in India is responsible under the Carriage by Road Act, 2007 for loss or damage in transit unless a cause listed in section 17 applies, but section 10(1) limits the liability to an amount fixed by rule, which rule 12(1) of the Carriage by Road Rules, 2011 makes, for total loss, ten times the freight, never above the value declared in the goods forwarding note. The limit falls away only if the consignor undertook to pay a higher risk rate under section 11. No suit lies without written notice within 180 days of booking (section 16), and suit lies within three years under Article 10 or 11 of the Schedule to the Limitation Act, 1963, from the loss or from when the goods ought to have been delivered. The Act repealed the Carriers Act, 1865, and an export under one multimodal transport contract, by two or more modes, can bring in the Multimodal Transportation of Goods Act, 1993.Sat, 07 Nov 2026 00:00:00 GMTAdv. Adithya Karthik KContracts and procurementcivil-disputescontracts-and-procurementhttps://juriseagle.com/insights/after-a-sebi-show-cause-notice-adjudication-settlement-and-the-appealhttps://juriseagle.com/insights/after-a-sebi-show-cause-notice-adjudication-settlement-and-the-appealA show-cause notice from the Securities and Exchange Board of India (SEBI) can end in an adjudication order under section 15-I of the Securities and Exchange Board of India Act, 1992 (SEBI Act) or in a settlement. The notice allows at least fourteen days for a reply under the 1995 inquiry rules, and the penalty is then fixed within sections 15A to 15HB, having regard to section 15J. An application to settle is considered only if made within sixty days of service of the notice (regulation 4 of the Settlement Proceedings Regulations, 2018), with the amount worked out under Schedule II. An order is appealed to the Securities Appellate Tribunal (SAT) within forty-five days under section 15T, and a SAT order to the Supreme Court within sixty days under section 15Z.Sat, 07 Nov 2026 00:00:00 GMTAdv. Adithya Karthik KCapital marketscapital-marketscivil-disputeshttps://juriseagle.com/insights/buying-an-antiquity-in-india-registration-export-and-titlehttps://juriseagle.com/insights/buying-an-antiquity-in-india-registration-export-and-titleOn our reading of section 2(1)(a) of the Antiquities and Art Treasures Act, 1972 (the Act), a work of art or craftsmanship becomes an antiquity once it has been in existence for not less than one hundred years, and a manuscript or record of scientific, historical, literary or aesthetic value becomes one at seventy-five years. Section 3 bars its export by anyone other than the Central Government or an authority it authorises. A business of selling it needs a licence under section 5, an object in a category the Central Government notifies under section 14 must be registered within fifteen days of coming into a person's ownership, control or possession, and section 19 lets the Central Government acquire it compulsorily for a public place. An export or attempted export in breach of section 3 carries imprisonment of six months to three years and a fine under section 25(1), and a breach of the licensing or registration sections carries up to six months, a fine or both, and makes the object liable to confiscation.Sat, 07 Nov 2026 00:00:00 GMTAdv. Adithya Karthik KTradecivil-disputestransaction-advisoryhttps://juriseagle.com/insights/drug-licences-and-trial-data-when-a-pharma-company-enters-insolvencyhttps://juriseagle.com/insights/drug-licences-and-trial-data-when-a-pharma-company-enters-insolvencyWhen a pharmaceutical or biotechnology company enters the corporate insolvency resolution process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (the Code), its drug manufacturing licence and clinical trial permission are not suspended or terminated on the ground of insolvency while current dues are paid, under the Explanation to section 14(1) inserted in 2020. Neither the Drugs Rules, 1945 nor the New Drugs and Clinical Trials Rules, 2019 (NDCT Rules) transfers either grant, and their record retention periods keep running through the process. Section 31(5), in force since 26 May 2026, protects a licence tied to an approved resolution plan. Patents are intangible assets that belong in the information memorandum and the valuation under the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (CIRP Regulations), while trial data has no named place in either.Sat, 07 Nov 2026 00:00:00 GMTAdv. Adithya Karthik KBanking, Insolvency & DRTinsolvencycivil-disputeshttps://juriseagle.com/insights/invoking-a-bank-guarantee-and-the-narrow-ground-for-stopping-paymenthttps://juriseagle.com/insights/invoking-a-bank-guarantee-and-the-narrow-ground-for-stopping-paymentAn unconditional bank guarantee is a contract between the issuing bank and the beneficiary, separate from the contract it secures, so a demand that follows its terms obliges the bank to pay without weighing the dispute behind it. A court restrains payment only for a clear case of fraud, irretrievable injustice or special equities, as the Supreme Court restated in Standard Chartered Bank v. Heavy Engineering Corporation Ltd. (Civil Appeal No. 9288 of 2019, 18 December 2019). The restraint is sought under Order XXXIX rules 1 and 2 of the Code of Civil Procedure, 1908 or section 9 of the Arbitration and Conciliation Act, 1996. A suit for compensation for breach falls on its words under Article 55 of the Limitation Act, 1963, which allows three years, and a paper guarantee executed in Karnataka bears stamp duty of INR 300.Sat, 07 Nov 2026 00:00:00 GMTAdv. Ravi KumarBanking, SARFAESI & DRTbanking-sarfaesi-drtcivil-disputeshttps://juriseagle.com/insights/school-and-college-fee-regulation-in-karnataka-what-a-committee-may-fixhttps://juriseagle.com/insights/school-and-college-fee-regulation-in-karnataka-what-a-committee-may-fixA recognised private unaided school in Karnataka may levy only the fees prescribed under section 48 of the Karnataka Education Act, 1983, and a school that charges more faces a penalty of up to INR 10 lakh and an order to refund the excess under section 124A, imposed by the District Education Regulatory Authority after giving it an opportunity of being heard. For a private unaided professional college, the Karnataka Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act, 2006 gives the work to a Fee Regulatory Committee, headed by a retired Judge of the High Court of Karnataka, whose fee binds for three years. The Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 treats any amount above the fee prescribed under its section 5 as capitation fee in medical and engineering institutions and any others the Government notifies, and section 12(2) of the Right of Children to Free and Compulsory Education Act, 2009 reimburses a school for its free seats only up to the lesser of the State's per-child expenditure and the fee actually charged.Sat, 07 Nov 2026 00:00:00 GMTAdv. Ravi KumarEducationeducation-matterscivil-disputeshttps://juriseagle.com/insights/dishonoured-cheque-company-section-138-timelinehttps://juriseagle.com/insights/dishonoured-cheque-company-section-138-timelineA company that is paid by cheque and finds it returned unpaid has a criminal complaint under section 138 of the Negotiable Instruments Act, 1881 only if four steps are taken in order: presentation of the cheque within its validity, a written demand within 30 days of the bank's return information, a 15 day wait for payment, and a complaint within one month after that wait ends. Where the cheque goes in through the payee's account, the complaint is tried where the payee's bank branch maintaining that account is, the drawer company and its directors in charge answer under section 141, the court may order interim compensation of up to 20 per cent of the cheque under section 143A, and in the drawer's appeal against conviction the appellate court may order a deposit of at least 20 per cent of the fine or compensation under section 148.Mon, 02 Nov 2026 00:00:00 GMTAdv. Adithya Karthik KCriminal & Sensitive Litigationmoney-recoverycivil-disputeshttps://juriseagle.com/insights/financial-creditor-section-7-application-nclthttps://juriseagle.com/insights/financial-creditor-section-7-application-ncltA financial creditor starts corporate insolvency against a company by an application under section 7 of the Insolvency and Bankruptcy Code, 2016 before the National Company Law Tribunal, resting on a default of at least INR 1 crore and, for allottees of a real estate project or creditors in a class under section 21(6A)(a) or (b), on a joint application by the lesser of 100 creditors or 10 per cent of the class. Since 26 May 2026 section 7(5) says the Tribunal shall pass its order within 14 days and must admit the application where a default, a complete application and a proposed resolution professional free of disciplinary proceedings are shown, with no other ground of rejection, and on admission the moratorium under section 14 and the interim resolution professional take effect.Mon, 02 Nov 2026 00:00:00 GMTAdv. Adithya Karthik KBanking, Insolvency & DRTinsolvencycivil-disputeshttps://juriseagle.com/insights/a-deepfake-of-your-chief-executivehttps://juriseagle.com/insights/a-deepfake-of-your-chief-executiveThe February 2026 amendment to the Information Technology Rules is reported as a three hour takedown rule. For a company whose chief executive has been deepfaked into endorsing a fake investment scheme, that is the wrong number. The three hour clock in rule 3(1)(d) starts only on actual knowledge, and since November 2025 actual knowledge arises in two ways alone: a court order, or a reasoned written intimation from an officer not below the rank of Joint Secretary. The two hour clock belongs to an individual complaining about his own impersonation or intimate imagery, not to a company complaining about its brand. What a company gets by right is the ordinary grievance route: acknowledgement in twenty four hours and resolution in seven days, with no remedy against the mirror copies. Which is why every order in this space in 2025 and 2026 is an injunction.Thu, 08 Oct 2026 00:00:00 GMTAdv. Harsha Swaroop PTechnology and datatechnology-data-and-productwhite-collar-and-cyber-defencecivil-disputeshttps://juriseagle.com/insights/fifteen-per-cent-shareholder-company-petitionhttps://juriseagle.com/insights/fifteen-per-cent-shareholder-company-petitionA minority shareholder who petitions the NCLT under section 241 and wins a buyout order still has to survive the arithmetic. On the assumptions below, an illustrative 15 per cent holder in a company with INR 180 crore of turnover ends up about INR 4.99 crore worse off than the same holder who negotiated an exit on day one, roughly 31 per cent of the pro rata value of the stake.Tue, 08 Sep 2026 00:00:00 GMTAdv. Adithya Karthik KCorporate Disputes & Restructuringboardroom-and-corporatecivil-disputeshttps://juriseagle.com/insights/oci-cardholder-rights-property-and-work-in-indiahttps://juriseagle.com/insights/oci-cardholder-rights-property-and-work-in-indiaAn Overseas Citizen of India (OCI) cardholder is a foreign national, and the Ministry of Home Affairs (MHA) notification S.O. 1050(E) of 4 March 2021, made under section 7B of the Citizenship Act, 1955, gives the cardholder a lifelong multiple-entry visa, parity with a Non-Resident Indian (NRI) on buying and selling immovable property other than agricultural land, a farm house or plantation property, and the rights of a foreigner in every other economic, financial and educational field. Four heads of activity need special permission, and the registration can be cancelled under section 7D.Mon, 13 Apr 2026 00:00:00 GMTAdv. Adithya Karthik KProperty and successiontransaction-advisoryrera-and-real-estatecivil-disputeshttps://juriseagle.com/insights/india-uae-bit-protection-for-a-uae-investorhttps://juriseagle.com/insights/india-uae-bit-protection-for-a-uae-investorThe India-United Arab Emirates (UAE) Bilateral Investment Treaty (BIT), signed at Abu Dhabi on 13 February 2024 and in force from 31 August 2024, protects a UAE investor's enterprise-based investment in India against denial of justice, fundamental breach of due process, targeted discrimination, manifestly abusive treatment and uncompensated expropriation. It has no fair and equitable treatment clause, and it excludes taxation, procurement and municipal measures. A claimant must pursue local remedies first, and the text deems that done after three years. The India-UAE Comprehensive Economic Partnership Agreement (CEPA) in force from 1 May 2022 is a trade agreement and gives an investor no claim.Mon, 23 Dec 2024 00:00:00 GMTAdv. Adithya Karthik KTradetransaction-advisorycivil-disputes2024 Juris Eagle. This website is intended solely for informational purposes and does not constitute solicitation or advertisement under applicable Bar Council regulations. The transmission or receipt of information through this platform does not create an advocate-client relationship. Legal advice is rendered only upon formal written engagement with the firm.