Litigation Practice

Legally Unanswered: A Few Grey Areas in the Civil Procedure Code

By | August 15th, 2020|Adjudication and Judicial Process, Civil Procedure, Litigation Practice|

Editor’s Note: In this post, Ananth Kini* writes about two grey areas in the Civil Procedure Code – first, whether an admitted statement can be put forth before a court during final arguments and second, whether averments in the written statement acknowledging a debt have to looked into while determining whether a suit is time-barred. [...]

COVID-19 and Indian Courts: The “New Normal” for the Advocates

By | July 26th, 2020|Access to Justice, Adjudication and Judicial Process, Judicial Administration, Litigation Practice, NALSAR Alumni|

Editor’s Note: In this post, Roshan Santhalia* writes about the negative and positive implications of the Covid-19 pandemic on advocates in India. The unprecedented pandemic has affected almost everyone across the World. It would be difficult to find a particular set of people or an industry which has not been severely affected by the pandemic. [...]

Justice N. Anand Venkatesh on the Structuring of Pleadings – Part II

By | July 18th, 2020|Adjudication and Judicial Process, Civil Procedure, Guest Speaker Series, Litigation Practice, Tricks of the Trade, Young Lawyers|

Editor’s Note: This post (the second part of a two-part series) is a transcript of a webinar conducted by Justice N. Anand Venkatesh of the Madras High Court on the Structuring of Pleadings under the Civil Procedure Code. The webinar is a part of the Nyaya Forum for Courtroom Lawyering’s Webinar Series on Practical Skills [...]

Justice N. Anand Venkatesh on the Structuring of Pleadings – Part I

By | July 18th, 2020|Adjudication and Judicial Process, Civil Procedure, Guest Speaker Series, Litigation Practice, Tricks of the Trade, Young Lawyers|

Editor’s Note: This post (the first part of a two-part series) is a transcript of a webinar conducted by Justice N. Anand Venkatesh of the Madras High Court on the Structuring of Pleadings under the Civil Procedure Code. The webinar is a part of the Nyaya Forum for Courtroom Lawyering’s Webinar Series on Practical Skills [...]

The Indian Legal Fraternity is Failing at the Premise of its Own Existence

By | July 12th, 2020|Access to Justice, Adjudication and Judicial Process, Bar Associations, Constitution of India, Diversity, Judicial Administration, Judicial Ethics, Litigation Practice, Senior Designation, Young Lawyers|

Editor’s Note: In this blog post, Sanchit Khandelwal highlights the nepotism and favouritism prevalent in appointment procedures of the judiciary, selection of senior counsels, and at the bar. Due to such nepotism and favouritism, young lawyers and subordinate judiciary judges from marginalised communities suffer unduly. This necessitates the need for reform. Introduction Recent findings and [...]

The End of Banter

By | May 26th, 2020|Adjudication and Judicial Process, Litigation Practice, Success in Litigation, Tricks of the Trade|

Editor's Note: In this article, Swathi Sukumar analyses how the profession of litigation is likely to undergo massive changes as we move into the world of remote adjudication. In my first month of practice, after a hotly contested matter, I was told that I should be less fidgety, because the court can sense anxiety and [...]

Technology and the Civil Procedure Code (II of II)

By | February 18th, 2020|Access to Justice, Civil Procedure, Litigation Practice|

This article was originally posted on TechLawForum@NALSAR. The same can be accessed here.  In a two-part article, Ankush Rai elaborates on the interaction between the Civil Procedure Code and technology.  This part deals with e-filing, the theoretical and practical advantages of integrating technology with CPC and the precautions that should be taken in doing so. E-filing [...]

Third-Party funding in Litigation

By | September 3rd, 2019|Access to Justice, Bar Council of India Rules, Civil Procedure, Commercial Litigation, Litigation Practice|

Editor's note: In this post, Namratha Murugeshan, explains Third-Party Funding (TPF) in litigation. The post looks at the pros and cons of allowing TPF given the current set of regulations we have.    What is Third-Party funding (TPF)? TPF or litigation financing refers to a model where when a party’s litigation costs are covered by [...]

Decentralising the Supreme Court of India

By | July 15th, 2019|Access to Justice, Constitution of India, Judicial Administration, Litigation Practice|

Editor's Note - In this post, Abhijit Murthy analyses the policy proposal to decentralize the Supreme Court of India. He identifies the merit of decentralization to enable a more concentrated constitutional review and increased access to justice that is currently being affected by geographical constraints. He also writes about the proposal's drawbacks by identifying the [...]

Litigating away to an Island of Independence – an Illusion? (I of II)

By | April 20th, 2019|Bar Associations, Bar Council of India Rules, Litigation Practice, Success in Litigation, Tricks of the Trade, Young Lawyers|

In a two-part series, Abhijeet Singh Rawaley* writes about and tests the validity of the tag of independence that is often ascribed to a career in litigation. In this first part, he looks at the intra-profession influences on any practitioner. The second piece in this series will cover the extraneous influences that  litigators face in [...]