Supreme Court

Ayush Mathur

Oct 266 min read

Arbitral Awards Passed Post the Mandated Deadlines Not Non-Est?

The author analyzes the SC judgment in Rohan Builders.

Aditi

Jul 276 min read

Corporate Political Spending in India: A Corporate Governance Perspective

The SC ruling helps the purpose of transparency and accountability, but there is scope for improvement on the corporate political spending.

Ritvik Mishra

Jun 167 min read

The Case of Sutanu Sinha: Misunderstood Law and Damaging Consequences

The SC in Sutanu Sinha chose from the diverging set of views on the nature of CCDs and their treatment under the IBC.

Sidhant Singh

Jun 146 min read

Resolving Stamp Duty Dilemma: Section 9 Applications in Indian Arbitration Law

This article delves into the legal landscape on Section 9 applications and stamp duty requirements for arbitration agreements in India.

Agam Gupta, Shubhanshu Dubey

Jun 97 min read

Companies Act Prevails: Supreme Court's Ruling on Share Capital and Stamp Duty

The instant ruling clarifies the precedence of the company law regime over the Bombay Stamp Act.

Tejas Venkatesh

May 106 min read

Companies as “Consumers” under Consumer Protection Act 1986: A Confused Approach?

The court in Kozyflex takes a lax approach to the question of locus standi of companies under the 1986 Act.

Ria Bansal, Raaghavi Tandon

May 97 min read

Arbitration’s David and Goliath: The Harmful Side of Pre-Deposit Clauses in Arbitration Agreements

It is crucial to view pre-arbitral deposits as discretionary to ensure that each party has equal access to arbitration.

Dhaval Bothra, Sonal Jain

Apr 56 min read

Beyond the Invisible Handshake: A Global Look at the Scope of the “Group of Companies” Doctrine

To ensure the fair and just application of the GoC doctrine, clear guidance is required.

Harsh Bansal

Mar 305 min read

The Unanswered Question of Oral Referencing of Arbitration Agreements: The Limit of Group of Companies Doctrine

The use of a purely managerial doctrine, primarily developed for corporate governance and trade purposes, on arbitration is problematic.

Aditya Singh

Mar 187 min read

Group of Companies Doctrine: Evasive Piercing and a Conglomerate's Lament

This article intends to analyze how the reasoning that the doctrine operates independent of corporate law is at best evasive.

Harshal Chhabra, Shaswat Kashyap

Mar 26 min read

Beyond NN Global: The Supreme Court Revisits “Unstamped Arbitration Agreements”

[Harshal and Shaswat are students at Gujarat National Law University.] The recent judgement passed by the Hon’ble Supreme Court of India...

Kaustubh Kulkarni

Feb 146 min read

Navigating MSME Insolvency: SC Ruling in Hari Babu Thota and Section 29A Implications

Hari Babu ruling gives scope for abuse of Section 29A by allowing backdoor entry of promoters.

Manas Rohilla, Smruti Kulkarni

Feb 76 min read

SC’s Verdict Upholding SEBI’s Regulatory Competence in the Adani Case

SC’s validation of SEBI’s regulatory powers in the Adani-Hindenburg case reinforces the autonomy and expertise of the regulatory body.

Harshal Chhabra, Rishabh Shivani

Sep 7, 20236 min read

Towards Murky Waters: On the Supreme Court’s Questionable Ruling in Loop Telecom and Trading Limited

The principle in pari delicto potior est defendentis is not absolute and is subject to exceptions that have been ignored by Supreme Court.

Divya Gupta

Aug 31, 20235 min read

Unstamped Arbitration Agreement: Incapable of Being Acted Upon?

SC has held that an agreement containing an arbitration clause is unenforceable in law if it is not stamped or is insufficiently stamped.

Pratyush Singh

May 25, 20236 min read

The Need to Revisit the Exception of ‘Ordinary Course of Business’ under IBC

This article attempts to highlight the shortcomings of the court’s interpretation of the phrase ‘ordinary course of business’ in Anuj Jain.

Sharun Salvi, Kiara Dsouza

Mar 8, 20236 min read

Evaluating Balram Garg: Changing the landscape of Insider Trading Laws

This article aims to provide an in-depth analysis of the Supreme Court's ruling in Balram Garg case.

Pratyush Singh

Nov 15, 20226 min read

Interpreting Rainbow Papers: What is a Statutory Charge?

This article attempts to present a narrower interpretation of the Rainbow Papers judgment.

Amar Gupta

Oct 9, 20224 min read

Rainbow Papers Judgment: A Step Backwards in Insolvency

Per the author, the judgment in Rainbow Papers requires immediate review.

Paridhi Rastogi, Yagya Sharma

May 9, 20216 min read

Supreme Court Settles the Law on the Interplay Between the IBC and the Limitation Act

This article discusses the issue of application of Section 14 of the Limitation Act to applications under Section 7 of the IBC.

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