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Revisiting Independent Sugar: Should CCI Approval be Directory?
The article challenges the ruling in Independent Sugar by examining the statutory provisions and the judicial approach to the issue.
Khushi Vasu, Kunaal Hemnani
7 days ago6 min read
146
Impact of Switzerland’s Suspension of MFN Clause in India-Switzerland DTAA: A Shift in Global Tax Dynamics
The suspension of the MFN clause in the India-Switzerland DTAA is a significant shift in international tax treaties.
Suhana Roy
Mar 208 min read
54
Arbitrate Not Dictate: Decoding the Indian Supreme Court’s Decision in CORE II
This piece begins with an appraisal of the Supreme Court’s reasoning and then addresses the remaining concerns.
Gargi Sharma
Mar 196 min read
98
To Condone or Not to Condone? The Curious Case of Bureaucratic Delay as a Sufficient Cause
The author examines the ruling where the Supreme Court refused to condone the delay of the state party citing its callous attitude.
Mansi Awasthi
Feb 277 min read
246
Revisiting the Venue-Seat Conundrum: A Critique of the Supreme Court’s Approach in Arif Azim
The article urges a larger bench of the Supreme Court to address the conflation of venue and seat in arbitration clauses.
Akash Kumar Surya
Feb 17 min read
211
The Future of Assigned Arbitration Agreements: A Legal Dilemma
There is need for further clarification on the assignability of arbitration agreements.
Nutan Keswani
Jan 1, 20257 min read
318
Redefining Locus Standi for Oppression and Mismanagement: Shift in the Statutory Scheme
This post examines the requirement of being a ‘member’ to maintain oppression and mismanagement petitions.
Namya Gambhir
Dec 15, 20247 min read
302
Arbitral Awards Passed Post the Mandated Deadlines Not Non-Est?
The author analyzes the SC judgment in Rohan Builders.
Ayush Mathur
Oct 26, 20246 min read
355
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.
Aditi
Jul 27, 20246 min read
348
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.
Ritvik Mishra
Jun 16, 20247 min read
618
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.
Sidhant Singh
Jun 14, 20246 min read
569
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.
Agam Gupta, Shubhanshu Dubey
Jun 9, 20247 min read
739
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.
Tejas Venkatesh
May 10, 20246 min read
1,243
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.
Ria Bansal, Raaghavi Tandon
May 9, 20247 min read
592
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.
Dhaval Bothra, Sonal Jain
Apr 5, 20246 min read
218
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.
Harsh Bansal
Mar 30, 20245 min read
170
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.
Aditya Singh
Mar 18, 20247 min read
414
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...
Harshal Chhabra, Shaswat Kashyap
Mar 2, 20246 min read
332
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.
Kaustubh Kulkarni
Feb 14, 20246 min read
620
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.
Manas Rohilla, Smruti Kulkarni
Feb 7, 20246 min read
224
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.
Harshal Chhabra, Rishabh Shivani
Sep 7, 20236 min read
563
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.
Divya Gupta
Aug 31, 20235 min read
125
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.
Pratyush Singh
May 25, 20236 min read
748
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.
Sharun Salvi, Kiara Dsouza
Mar 8, 20236 min read
1,703
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