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1 | .is published by Cyril Amarchand Mangaldas.This guide has been updated till April, 2023.This publication is not intended to be used as the basis for trading in the shares of any company or for undertaking any other complex or significant financial transaction without consulting appropriate professional advisers. No par... |
2 | .INTRODUCTIONSince the turn of the century, India has continued to witness an upward growth trajectory. With the Indian Government’s promise to improve the ease of doing business and its ‘Make in India’ or ‘AatmaNirbhar Bharat’ (for a self-reliant India) initiative, comes the obligation to ensure that the rule of law i... |
3 | .INTRODUCTIONSince the turn of the century, India has continued to witness an upward growth trajectory. With the Indian Government’s promise to improve the ease of doing business and its ‘Make in India’ or ‘AatmaNirbhar Bharat’ (for a self-reliant India) initiative, comes the obligation to ensure that the rule of law i... |
4 | INTRODUCTIONSince the turn of the century, India has continued to witness an upward growth trajectory. With the Indian Government’s promise to improve the ease of doing business and its ‘Make in India’ or ‘AatmaNirbhar Bharat’ (for a self-reliant India) initiative, comes the obligation to ensure that the rule of law is... |
5 | Since the turn of the century, India has continued to witness an upward growth trajectory. With the Indian Government’s promise to improve the ease of doing business and its ‘Make in India’ or ‘AatmaNirbhar Bharat’ (for a self-reliant India) initiative, comes the obligation to ensure that the rule of law is upheld and ... |
6 | Since the turn of the century, India has continued to witness an upward growth trajectory. With the Indian Government’s promise to improve the ease of doing business and its ‘Make in India’ or ‘AatmaNirbhar Bharat’ (for a self-reliant India) initiative, comes the obligation to ensure that the rule of law is upheld and ... |
7 | Despite India becoming a heavy contributor to the global economy, it suffers the drawback of an overburdened judiciary, with an ever- increasing caseload. The consequent delay in the judicial process has contributed to the perception that it is di Æcult to successfully prosecute a claim or enforce a judgment or arbitra... |
8 | Other notable reforms include the repeal of the Companies Act, 1956 with the introduction of the Companies Act, 2013 (“Companies Act”). This also brought along with it a complete overhaul of the liquidation and bankruptcy process with the Insolvency and Bankruptcy Code, 2016 (the “IBC”), consolidating various legislati... |
9 | Recognising that the Government is the most prolific litigant before Indian courts, in a bid to improve the judicial landscape and make India an attractive investment destination, the Government introduced the Vivad se Vishwas II (Contractual Disputes) scheme for the settlement of disputes involving government entities... |
10 | percentage is ascribed for the settlement of a claim made by private entities against the government and / or government / public entities. It is hoped that the Vivad se Vishwas II scheme will help free up government funds which would otherwise likely be tied up for decades in litigation, whilst aiding private companie... |
11 | percentage is ascribed for the settlement of a claim made by private entities against the government and / or government / public entities. It is hoped that the Vivad se Vishwas II scheme will help free up government funds which would otherwise likely be tied up for decades in litigation, whilst aiding private companie... |
12 | percentage is ascribed for the settlement of a claim made by private entities against the government and / or government / public entities. It is hoped that the Vivad se Vishwas II scheme will help free up government funds which would otherwise likely be tied up for decades in litigation, whilst aiding private companie... |
13 | percentage is ascribed for the settlement of a claim made by private entities against the government and / or government / public entities. It is hoped that the Vivad se Vishwas II scheme will help free up government funds which would otherwise likely be tied up for decades in litigation, whilst aiding private companie... |
14 | Building on the path of liberalisation, with the backing of the Government, in March 2023 the Bar Council of India notified rules permitting the entry of foreign lawyers in India, entitling them to practice in specified “non-litigious” areas once they are registered under the Rules. Foreign lawyers and firms can also c... |
15 | robust legal regime and familiarisation with the process can lessen such unpredictability. These reforms and an overview of the dispute resolution process in India – with a focus on litigation is further discussed in the relevant chapters of this Guide / Handbook, which we present to our readers in the hope that this w... |
16 | robust legal regime and familiarisation with the process can lessen such unpredictability. These reforms and an overview of the dispute resolution process in India – with a focus on litigation is further discussed in the relevant chapters of this Guide / Handbook, which we present to our readers in the hope that this w... |
17 | robust legal regime and familiarisation with the process can lessen such unpredictability. These reforms and an overview of the dispute resolution process in India – with a focus on litigation is further discussed in the relevant chapters of this Guide / Handbook, which we present to our readers in the hope that this w... |
18 | IMPORTANT NOTE: All information given in this handbook has been compiled from credible, reliable sources. Although reasonable care has been taken to ensure that the information in this handbook is true and accurate, such information is provided as is, without any warranty, express or implied, as to the accuracy or comp... |
19 | 01 India – A Common Law SystemIndia is primarily a common law jurisdiction. There are certain personal laws based on customary practice that are applicable to some religious communities. Indian law is largely similar to English common law in many aspects because of the long period of British colonial influence during t... |
20 | 01 India – A Common Law SystemIndia is primarily a common law jurisdiction. There are certain personal laws based on customary practice that are applicable to some religious communities. Indian law is largely similar to English common law in many aspects because of the long period of British colonial influence during t... |
21 | India is primarily a common law jurisdiction. There are certain personal laws based on customary practice that are applicable to some religious communities. Indian law is largely similar to English common law in many aspects because of the long period of British colonial influence during the British Raj period. Indeed,... |
22 | India is primarily a common law jurisdiction. There are certain personal laws based on customary practice that are applicable to some religious communities. Indian law is largely similar to English common law in many aspects because of the long period of British colonial influence during the British Raj period. Indeed,... |
23 | India is primarily a common law jurisdiction. There are certain personal laws based on customary practice that are applicable to some religious communities. Indian law is largely similar to English common law in many aspects because of the long period of British colonial influence during the British Raj period. Indeed,... |
24 | In India, the common law system, which is based on the principle that it is unfair to treat similar facts differently on different occasions, earlier decided cases are treated as binding precedents on lower courts and of persuasive value in courts with the same or superior jurisdiction. There are several pieces of legi... |
25 | The Constitution of India, 1950 adopts a quasi-federal structure. The 7th Schedule a l lo c a te s s u b j e c ts b e tw e e n th e Parliament and the state legislatures into3 lists (i.e. Union, State and Concurrent Lists).The Parliament, the apex legislative body, consists of 2 houses and is empowered to enact laws on... |
26 | 3 lists (i.e. Union, State and Concurrent Lists).The Parliament, the apex legislative body, consists of 2 houses and is empowered to enact laws on subjects in the Union List. The state legislatures are empowered to enact laws on subjects in the State List. Both the Parliament and the state legislatures may enact laws o... |
27 | The Parliament, the apex legislative body, consists of 2 houses and is empowered to enact laws on subjects in the Union List. The state legislatures are empowered to enact laws on subjects in the State List. Both the Parliament and the state legislatures may enact laws on subjects mentioned in the Concurrent list but i... |
28 | Laws enacted by the Parliament are published in the Gazette of India, whereas laws enacted by the state legislatures are published in their respective state gazettes. The Parliament as well as the state legislatures are empowered to enact legislation having retrospective effect, apart from criminal legislation. Laws ar... |
29 | and fact), put questions to a witness, or direct parties to lead evidence on certain aspects. In the late 1960s, India abolished the jury system for civil and criminal proceedings, except for matrimonial d is p u te s r e la t in g to th e ‘ Pa r s i ’ community.Civil courts in India are governed by the procedure set o... |
30 | The Indian Constitution is federal in form but quasi-federal in spirit - the Constitution is supreme and there is a division of power between the Union and States i.e. the Constitution provides for a union list, state list and a concurrent list. The judiciary is wholly independent of the legislature and executive, and ... |
31 | The Indian Constitution is federal in form but quasi-federal in spirit - the Constitution is supreme and there is a division of power between the Union and States i.e. the Constitution provides for a union list, state list and a concurrent list. The judiciary is wholly independent of the legislature and executive, and ... |
32 | India's judicial system is broken up into three distinct streams,i.e. criminal, civil cases and other cases which may be referred to specific statutorily constituted courts and tribunals depending on subject matter and the status concerned. Jurisdiction of a court is dependent on its territorial and pecuniary limits an... |
33 | i.e. criminal, civil cases and other cases which may be referred to specific statutorily constituted courts and tribunals depending on subject matter and the status concerned. Jurisdiction of a court is dependent on its territorial and pecuniary limits and may also be circumscribed by subject matter. Some courts or tri... |
34 | jurisdiction over matters and disputes of a particular subject matter.The principal court of original jurisdiction is the City Civil Court (in metropolitan areas) and the Court of Civil Judge, S e n io r D iv is io n ( in n o n - metropolitan areas). There are 25 High Courts covering the 28 States and 8 Union Territori... |
35 | Supreme Court:Under the Constitution of India, the role of the Supreme Court is that of a federal court, guardian of the Constitution and the highest / final court of appeal, having overall supervisory jurisdiction over State High Courts and all lower courts and tribunals in India. The Supreme Court is established unde... |
36 | Supreme Court:Under the Constitution of India, the role of the Supreme Court is that of a federal court, guardian of the Constitution and the highest / final court of appeal, having overall supervisory jurisdiction over State High Courts and all lower courts and tribunals in India. The Supreme Court is established unde... |
37 | Supreme Court:Under the Constitution of India, the role of the Supreme Court is that of a federal court, guardian of the Constitution and the highest / final court of appeal, having overall supervisory jurisdiction over State High Courts and all lower courts and tribunals in India. The Supreme Court is established unde... |
38 | Supreme Court:Under the Constitution of India, the role of the Supreme Court is that of a federal court, guardian of the Constitution and the highest / final court of appeal, having overall supervisory jurisdiction over State High Courts and all lower courts and tribunals in India. The Supreme Court is established unde... |
39 | Under the Constitution of India, the role of the Supreme Court is that of a federal court, guardian of the Constitution and the highest / final court of appeal, having overall supervisory jurisdiction over State High Courts and all lower courts and tribunals in India. The Supreme Court is established under Article 124 ... |
40 | In its original writ jurisdiction, the Supreme Court is empowered to e n f o r c e f u n d a m e n t a l r i g h t s guaranteed under the Constitution by issuing directions, orders, or writs (including writs in the nature of h a b e a s c o r p u s , m a n d a m u s , prohibition, quo warranto, and certiorari). It may ... |
41 | The Supreme Court is also empowered to transfer any civil or criminal cases from one High Court to another, ifsatisfied that they involve similar questions of law. If it believes that such questions are of substantial general importance, the Supreme Court may withdraw a case from the High Court or High Courts to entert... |
42 | satisfied that they involve similar questions of law. If it believes that such questions are of substantial general importance, the Supreme Court may withdraw a case from the High Court or High Courts to entertain and dispose of such case, itself.The Supreme Court’s appellate jurisdiction can be invoked in respect of a... |
43 | The Supreme Court’s appellate jurisdiction can be invoked in respect of any judgment, decree, or final order of a High Court (in both civil and criminal cases). Invocation of its appellate jurisdiction is on the basis of a certificate from the High Court concerned that the case involves a substantial question of law as... |
44 | In fit cases, on important issues of law, the Supreme Court may be approached for special leave to appeal, against any judgment, or order of any court in India (not including a court constituted by, or under any law relating to the Armed13..Forces), including in respect of one against which there is no statutory right ... |
45 | High Courts:The High Court is the supreme judicial authority at the State level and generally the last court of regular appeals. Judges in the High Court, either sit singly, or in benches of two or more judges. There are currently 25 High Courts in the country (the oldest being the Calcutta High Court), established und... |
46 | The remaining High Courts have only appellate jurisdiction, over orders andjudgments passed by lower courts and tribunals over which they exercise jurisdiction.In its writ jurisdiction, a High Court is empowered to enforce fundamental rights and for any other purpose guaranteed to each citizen of India under the Consti... |
47 | 1 As of April 2023, the pecuniary jurisdiction of these High Courts is for a claim above: INR 10,000,000/- in the Bombay High CourtINR 1,000,000/- in the Calcutta High Court INR 10,000,000/- in the Madras High Court INR 20,000,000/- in the Delhi High Court INR 10,000,000/- in the Himachal Pradesh High Court14.The High ... |
48 | The High Court also exercises t e s t a m e n t a r y a n d i n t e s t a t e jurisdiction, for probates, challenging a will, issuance of letters of administration and succession certificates etc. for administration of the estate of a deceased person.The High Courts in the coastal states of Gujarat, Maharashtra, West B... |
49 | The High Court also exercises t e s t a m e n t a r y a n d i n t e s t a t e jurisdiction, for probates, challenging a will, issuance of letters of administration and succession certificates etc. for administration of the estate of a deceased person.The High Courts in the coastal states of Gujarat, Maharashtra, West B... |
50 | The High Courts in the coastal states of Gujarat, Maharashtra, West Bengal, A n d h r a P r a d e s h , T e l a n g a n a , Karnataka, Kerala, Orissa and Tamil Nadu exercise admiralty jurisdiction. This jurisdiction extends over any ship that is present in their territorial waters (irrespective of whether or not she is... |
51 | District Courts:In metropolitan areas, the principal court of original jurisdiction is the City Civil Court and the High Court of the relevant State is the court of appeal. In non-metropolitan areas, the Court of Civil Judge, Senior and Junior Divisions, is the principal court of original jurisdiction and the District ... |
52 | and the Judicial Magistrate (First and Second class).Small Causes Court:The Small Causes Courts in India may be broadly classified as Presidency Small Causes Courts in Mumbai, Chennai and Kolkata enacted under the Presidency Small Causes Courts Act, 1882 (“Presidency Act”) and Provincial Small Causes Courts enacted und... |
53 | Small Causes Court:The Small Causes Courts in India may be broadly classified as Presidency Small Causes Courts in Mumbai, Chennai and Kolkata enacted under the Presidency Small Causes Courts Act, 1882 (“Presidency Act”) and Provincial Small Causes Courts enacted under the Provincial Small Cause Courts Act, 1887 (“Prov... |
54 | Small Causes Court:The Small Causes Courts in India may be broadly classified as Presidency Small Causes Courts in Mumbai, Chennai and Kolkata enacted under the Presidency Small Causes Courts Act, 1882 (“Presidency Act”) and Provincial Small Causes Courts enacted under the Provincial Small Cause Courts Act, 1887 (“Prov... |
55 | The Small Causes Courts in India may be broadly classified as Presidency Small Causes Courts in Mumbai, Chennai and Kolkata enacted under the Presidency Small Causes Courts Act, 1882 (“Presidency Act”) and Provincial Small Causes Courts enacted under the Provincial Small Cause Courts Act, 1887 (“Provincial Act”). The P... |
56 | Each State has the power to amend the Provincial or Presidency Acts to fix the pecuniary and territorial jurisdiction of small causes courts to suit its own requirements. Broadly, these acts provide for small causes courts to deal with matters within their pecuniary jurisdiction as fixed by the aforementioned governing... |
57 | laws, motor vehicles laws, motor accident claims, payment of wages etc. as have been granted by various state amendments. As a result of the subject matter jurisdiction, in practice small causes courts also hear high value matters relating to matters such as rent disputes which tend to be hotly contested.Commercial Cou... |
58 | laws, motor vehicles laws, motor accident claims, payment of wages etc. as have been granted by various state amendments. As a result of the subject matter jurisdiction, in practice small causes courts also hear high value matters relating to matters such as rent disputes which tend to be hotly contested.Commercial Cou... |
59 | Commercial Courts:The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 which was amended in 2018 to be called the Commercial Courts, Commercial Appellate Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (“Commercial Courts Act”), cam... |
60 | Commercial Courts:The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 which was amended in 2018 to be called the Commercial Courts, Commercial Appellate Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (“Commercial Courts Act”), cam... |
61 | The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 which was amended in 2018 to be called the Commercial Courts, Commercial Appellate Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (“Commercial Courts Act”), came into force on Oc... |
62 | stated intent to improve India’s ability to enforce contracts. The Commercial Courts Act envisaged the setting up of special commercial courts to adjudicate commercial disputes in a time bound manner. Consequently, civil cases in relation to commercial disputes and claims above a certain specified value (originally INR... |
63 | Structure of Legal ProfessionThe Bar is unified and qualified lawyers enrolled with any State Bar Council can appear before any Indian court. However, in order to represent and appear for a party in any legal proceeding before a District Court, High Court, or the SupremeCourt, an advocate, or law firm must be registere... |
64 | by the Supreme Court or the High Court with which he is registered if, in the opinion of the Supreme Court or that High Court the advocate possesses expertise and character befitting the status. Such a designated Senior Advocate plays a role quite similar to that of a Queen’s Counsel.The distinction between ‘solicitors... |
65 | by the Supreme Court or the High Court with which he is registered if, in the opinion of the Supreme Court or that High Court the advocate possesses expertise and character befitting the status. Such a designated Senior Advocate plays a role quite similar to that of a Queen’s Counsel.The distinction between ‘solicitors... |
66 | by the Supreme Court or the High Court with which he is registered if, in the opinion of the Supreme Court or that High Court the advocate possesses expertise and character befitting the status. Such a designated Senior Advocate plays a role quite similar to that of a Queen’s Counsel.The distinction between ‘solicitors... |
67 | by the Supreme Court or the High Court with which he is registered if, in the opinion of the Supreme Court or that High Court the advocate possesses expertise and character befitting the status. Such a designated Senior Advocate plays a role quite similar to that of a Queen’s Counsel.The distinction between ‘solicitors... |
68 | The distinction between ‘solicitors’ and ‘advocates’ was removed in 1976 . Nevertheless, the Bombay Incorporated Law Society, under the aegis of the Bombay High Court, conducts the qualification examination for solicitors. Solicitors have the same right of audience as advocates.Under Indian law, specifically, the Advoc... |
69 | Under Indian law, specifically, the Advocates Act, 1961, only qualified advocates enrolled with the Bar Council of India are permitted to practice law in India. Insofar as foreign lawyers are concerned, given the rise in the number of international commercial arbitrations involving foreign parties, the Supreme Court of... |
70 | arbitration would lend itself to such casual visits, the Apex Court noted that foreign lawyers could fly in and fly out to conduct arbitration proceedings, however, they will be governed by the code of conduct applicable to the legal profession in India, and the Bar Council or Union of India are at liberty to frame rul... |
71 | Building on this judgment, on March 10, 2023 the Bar Council of India (BCI) notified the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, regulating the entry of foreign lawyers and foreign law firms in India on a reciprocal basis. Foreign lawyers or fi... |
72 | A foreign lawyer or firm can practice law in India in non-litigious matters only, subject to exceptions laid down in the Rules. Foreign lawyers will be permitted to r e p r e s e n t fo r e ig n p a r t ie s in international commercial arbitrations, but not in domestic arbitrations or litigations before any Indian cour... |
73 | Appointment of JudgesOnly an Indian citizen may be appointed a s a m e m b e r o f t h e j u d i c i a r y . Appointments to the lower judiciary must qualify by clearing the Civil Services (Judicial) Exam conducted by the Union Public Service Commission. A citizen, having held judicial oÆce for at least 10 years, or an... |
74 | Appointment of JudgesOnly an Indian citizen may be appointed a s a m e m b e r o f t h e j u d i c i a r y . Appointments to the lower judiciary must qualify by clearing the Civil Services (Judicial) Exam conducted by the Union Public Service Commission. A citizen, having held judicial oÆce for at least 10 years, or an... |
75 | Only an Indian citizen may be appointed a s a m e m b e r o f t h e j u d i c i a r y . Appointments to the lower judiciary must qualify by clearing the Civil Services (Judicial) Exam conducted by the Union Public Service Commission. A citizen, having held judicial oÆce for at least 10 years, or an advocate, registered... |
76 | Only an Indian citizen may be appointed a s a m e m b e r o f t h e j u d i c i a r y . Appointments to the lower judiciary must qualify by clearing the Civil Services (Judicial) Exam conducted by the Union Public Service Commission. A citizen, having held judicial oÆce for at least 10 years, or an advocate, registered... |
77 | Only an Indian citizen may be appointed a s a m e m b e r o f t h e j u d i c i a r y . Appointments to the lower judiciary must qualify by clearing the Civil Services (Judicial) Exam conducted by the Union Public Service Commission. A citizen, having held judicial oÆce for at least 10 years, or an advocate, registered... |
78 | succession) for more than ten years, or must, in the opinion of the President of India, be a distinguished jurist. The age of retirement of a High Court judge, is 62 years, while a Supreme Court judge is required to retire at the age of 65 years. There have been proposals to increase the retirement age, but these have ... |
79 | Jurisdiction of Indian courts is limited by territory, pecuniary value of the claim / dispute and / or subject matter. A court would have territorial jurisdiction over a dispute if the defendant habitually resides, carries on business, or works for gain within its territory, or, if the cause of action arose, or immovea... |
80 | 2 See Vidya Drolia v. Durga Trading Corpn., (2021) 2 SCC 1.18.Exclusive Jurisdiction ClausesIndian courts recognize the contractual right of parties to stipulate exclusive jurisdiction provisions in their contracts. Most of the judicial pronouncements on jurisdiction clauses relate to exclusive jurisdiction of one Indi... |
81 | Indian courts recognize the contractual right of parties to stipulate exclusive jurisdiction provisions in their contracts. Most of the judicial pronouncements on jurisdiction clauses relate to exclusive jurisdiction of one Indian court over others and these stipulations have been uniformly enforced subject to the exce... |
82 | Governing Law ClausesParties are free to choose a foreign law to govern their relationship, where at least one party is a foreign party. In such cases, Indian courts will apply the law chosen by the parties to such a contract, subject to the foreign law being pleaded and proved as a fact (including through expert evide... |
83 | Court FeesCourt fees are payable by a plaintiff at the time of filing a suit, under the Court Fees Act, 1870, although some States have their respective State Acts and the court fees vary from State to State. The Court fees may be capped at a maximum amount (for example, Court fees in the Bombay High Court are a maximu... |
84 | Period of LimitationThe Limitation Act, 1963, prescribes the time limit within which an aggrieved person can approach a court for redressal. The period of limitation is computed from the date of accrual of the cause of action, or in the case of a continuing cause of action, from each such day on which it accrues. Limit... |
85 | The Limitation Act, 1963, prescribes the time limit within which an aggrieved person can approach a court for redressal. The period of limitation is computed from the date of accrual of the cause of action, or in the case of a continuing cause of action, from each such day on which it accrues. Limitation for civil acti... |
86 | The Limitation Act, 1963, prescribes the time limit within which an aggrieved person can approach a court for redressal. The period of limitation is computed from the date of accrual of the cause of action, or in the case of a continuing cause of action, from each such day on which it accrues. Limitation for civil acti... |
87 | The Limitation Act, 1963, prescribes the time limit within which an aggrieved person can approach a court for redressal. The period of limitation is computed from the date of accrual of the cause of action, or in the case of a continuing cause of action, from each such day on which it accrues. Limitation for civil acti... |
88 | Limitation may be extended under certain circumstances, for instance, where there has been a part-payment or acknowledgment in writing of a debtbefore the expiry of the prescribed period of limitation, or where a party has wrongly (but bona fide), pursued an action in a court which does not have jurisdiction.Courts do ... |
89 | Civil Proceedings against the StateThe State is not immune and cannot claim immunity from civil proceedings, except in respect of certain sovereign functions. Prior to initiating any suit in respect of an oÆcial act against the Government of India, or any State, or a public oÆcer, at least two month’s advance written n... |
90 | The State is not immune and cannot claim immunity from civil proceedings, except in respect of certain sovereign functions. Prior to initiating any suit in respect of an oÆcial act against the Government of India, or any State, or a public oÆcer, at least two month’s advance written notice must be issued with the inten... |
91 | Specific statutory functionaries may be granted immunity from civil proceedings in respect of oÆcial acts undertaken by them.Civil Proceedings against a Foreign StateW r i t t e n c o n s e n t o f t h e I n d i a n G o v e r n m e n t i s r e q u i r e d b e f o r e instituting civil proceedings against a foreign stat... |
92 | Civil Proceedings against a Foreign StateW r i t t e n c o n s e n t o f t h e I n d i a n G o v e r n m e n t i s r e q u i r e d b e f o r e instituting civil proceedings against a foreign state, which consent will be withheld unless the foreign state has subjected itself to the jurisdiction of an Indian court. Such ... |
93 | W r i t t e n c o n s e n t o f t h e I n d i a n G o v e r n m e n t i s r e q u i r e d b e f o r e instituting civil proceedings against a foreign state, which consent will be withheld unless the foreign state has subjected itself to the jurisdiction of an Indian court. Such submission to jurisdiction may be by inst... |
94 | W r i t t e n c o n s e n t o f t h e I n d i a n G o v e r n m e n t i s r e q u i r e d b e f o r e instituting civil proceedings against a foreign state, which consent will be withheld unless the foreign state has subjected itself to the jurisdiction of an Indian court. Such submission to jurisdiction may be by inst... |
95 | W r i t t e n c o n s e n t o f t h e I n d i a n G o v e r n m e n t i s r e q u i r e d b e f o r e instituting civil proceedings against a foreign state, which consent will be withheld unless the foreign state has subjected itself to the jurisdiction of an Indian court. Such submission to jurisdiction may be by inst... |
96 | reference to such trade, or property. Consent may also be granted if the foreign state has, impliedly, or expressly waived immunity. However, as an exception to this rule, consent of the Government is not required where a tenant of immovable property sues a Foreign State from whom he holds or claims to hold the propert... |
97 | Suits by Foreign Entities and Foreign StatesA foreign entity, being an ‘alien friend’, or an ‘alien enemy residing in India with the permission of the Central Government’ may institute civil proceedings in Indian courts as if they were citizens of India. An alien enemy is a person residing in a foreign country whose go... |
98 | Institution of Civil Proceedings (Civil Courts)A suit is commenced by the filing of a plaint, which must contain the following particulars:name of the court;name, description and place of residence of the plaintiff(s) and the defendant(s);the cause of action;the facts showing that the court has jurisdiction;the facts s... |
99 | A suit must include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action. If a plaintiff omits to sue in respect of, or intentionally relinquishes any portion of their claim, they are precluded from afterwards suing in respect thereof (unless they have obtained leave of the c... |
100 | ProcedureDisclosure: At a preliminary hearing the court issues directions in relation to d isc lo s u r e u n d e r o a th , o f documents referred to and relied upon. The counterparty is entitled to take inspection of the documents disclosed. If a party’s disclosure is inadequate, or the party does not provide inspect... |
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Dataset Card for Indian Judicial System Dataset (Chunked)
Dataset Details
Dataset Description
This dataset contains legal texts from the Indian Judicial System, processed into meaningful semantic chunks using RecursiveCharacterTextSplitter. It is designed for NLP tasks like legal document analysis, case law summarization, and retrieval-augmented generation (RAG).
- Language: English
- License: MIT
- Source: Official legal documents and judgments
- Processing Method: Chunked using
RecursiveCharacterTextSplitter
Uses
Direct Use
- Legal document analysis
- Case law summarization
- Training legal language models
- Retrieval-augmented generation (RAG)
Out-of-Scope Use
- Generating legal advice
- Applications requiring unaltered original texts
Dataset Structure
- Format: Text files or JSON lines
- Chunk Size: Variable, based on semantic coherence
- Metadata: Includes source document and chunk position
Dataset Creation
Source Data
- Derived from official Indian legal documents and judgments.
- Mainly taken from the 2 books : 1 A Guide on Laws Applicable to Indian Financial Markets. 2 Guide to Litigation in India
- Processed using
RecursiveCharacterTextSplitterfor logical and semantic chunking.
Personal and Sensitive Information
- No personal or sensitive information is included.
Bias, Risks, and Limitations
- May reflect biases present in original legal texts.
- Chunks may occasionally require additional context for full understanding.
Recommendations
- Validate the dataset for specific use cases.
- Consult legal experts for critical applications.
Contact
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