top of page
The Securities Markets Code 2025: From a Fragmented Regime to a Unified Regulatory Vision
The SMC is a forward-looking move in the modernisation of the capital market regulation India. It goes beyond codifying the various disparate statutes in one instrument and instead attempts to effect a structural redefined securities laws.
Ananya Sonakiya, Vvanshika Singhal
3 days ago5 min read
The Romance and Risk of Owning a Smell: Why Trademark Law Must Be Cautious with Olfactory Marks
India’s first olfactory mark exposes both potential and danger. Scientific methods may meet graphical representation, but they should not replace the primary role of a mark to give notice and ensure stable perception among competitors and consumers.
Mahak Yadav, Nikhil Ranjan
3 days ago8 min read
From Formulaic Capital to Risk-Based Supervision: SEBI’s 2026 Broker Framework
SEBI’s re-ordering in 2026, caused by up-streaming and the altered locus of risk of settlement, was, in institutional terms, the only possible course.
Shaunak Wagle, Janki Bharati
3 days ago6 min read
Behind Closed Doors: The Legal and Economic Fallout of “Side Letters” in Private Equity
If compliance can be achieved with reasonable confidentiality, side letters can change from being the source of hidden privileges to the instruments of orderly governance.
Dev Kumawat
3 days ago6 min read
Tax Relief for Category III AIFS: Delhi High Court's Ruling in Equity Intelligence v/s CBDT
The Delhi High Court’s decision in Equity Intelligence AIF effectively addresses a decade-long tax conundrum for Category III AIFs by applying the doctrine of impossibility.
Sanskruti Parate
3 days ago6 min read
The Judicial Vacuum in CIIRP: Risk of Irreversible Asset Dissipation
The CIIRP procedure, aiming for efficiency and speed, creates a judicial vacuum which can potentially be used by the corporate debtor to dissipate assets. The 30–day mandatory notice period, removes the possibility of preventive judicial orders like asset freeze that have been proven essential and necessary as per UNCITRAL’s ATR recommendations for asset preservation. This judicial gap allows debtors to exploit specifically FEMA provisions for irreversible asset transfer.
Ritik Kumar
3 days ago6 min read
Credentializing Compliance in AIFs: SEBI’s NISM Mandate for Compliance Officers
The SEBI's NISM mandate reflects an attitude which holds that the maturation of Indian private capital markets cannot be built on informal standards and, similarly, on the appointment being regarded as a mere business function.
Inika Dular
5 days ago6 min read
When Data Protection Hits Deals: How DPDP Reshapes M&A Documents in India
The DPDP framework marks India’s move to a more regulated data environment. DPDP is not a replacement for the already existing sectoral rules. It involves various kinds of rules, regulations to work together simultaneously.
Suprava Sahu
5 days ago6 min read
Between Protection and Paternalism: Rethinking Disability Safeguards in the DPDP Rules
A more inclusive direction for the DPDP framework should strike a better balance between restoring agency and keeping practical safeguards. It should require objective, case-by-case capacity assessments for all types of disability before resorting to a guardian to give consent.
Shubhranshu, Ananyashree Jaiswal
5 days ago6 min read
EPC v. Matix: Hierarchical Approach to Debt–Equity Classification under IBC
This article suggests a hierarchical framework for debt classification under the Insolvency and Bankruptcy Code 2016 (IBC) wherein company law constraints function as threshold gatekeepers that determine whether a legally enforceable debt can arise at all, while substance-over-from analysis is put to a secondary role assessing the character of obligations that have already crystallised in law.
Niharika Shaiyam
6 days ago6 min read
Risk-Based GST Refunds: When Provisional Refunds Become Discretionary
Even if a limited risk exercise is permissible as a matter of policy, a blanket conditionality on 90% provisional refunds is disproportionate.
Mayank Khichar
6 days ago10 min read
Beyond the Gavel: Trends, Hurdles, and Future in Online Dispute Resolution
The future of ODR lies in strategic collaboration between the government, judiciary, technologists, and legal professionals.
Arjit Oswal, Akarsh Anand
Mar 246 min read
Climate Corporate Governance: Section 166 and an Entity Model
Section 166(2) emerges not merely as a statutory directive but as a potential transformative mandate, compelling directors to transcend shareholder primacy and embed climate imperatives within the corporate conscience.
Rohini Mehta
Mar 227 min read
Narrowing Value Maximisation: The Omission of Going Concern Sales
The omission of going concern sales aims to enhance the efficacy of the resolution process by limiting the assessment of commercial viability to the corporate insolvency resolution process stage, while keeping the liquidation process limited to dissolution. However, it fails to take account of the implications of the same, such as the loss of goodwill and employment.
Abhibhav Chhabra, Aarav Kumar
Mar 226 min read
Re-Anchoring Block Period under Section 153C of Income Tax Act 1961: From Legal Fiction to Legislative Silence
A durable resolution can be achieved only through a targeted legislative intervention, either by expressly incorporating the “date of transfer” principle into the new clause or by prescribing definitive timelines for such transfer.
Akshat Sharma, Kartik Jorwal
Mar 216 min read
Negotiation or Obligation? Analyzing “Without Prejudice” in Indian Legal Landscape
The use of "without prejudice" clauses merges effectively with other legal protections like unjust enrichment, and promissory estoppel while at the same time protects negotiations.
Pragya Richa Tiwary
Mar 195 min read
Rethinking Arbitration in Layered Contracts: A Supply-Chain Perspective on HPCL v. BCL
The challenge for India is not to dilute the principle of consent but to rethink how consent operates in interconnected commercial projects.
Ashutosh Mishra
Mar 196 min read
Recalibrating Insolvency Norms: The Interface Between Aircraft Objects Act 2025 and Insolvency and Bankruptcy Code 2016
The Aircrafts Objects Act safeguards the rights of global lessors without eroding the resilience of airline companies to revive under the IBC 2016.
Rishi Dev, Ayushi Sareen
Mar 186 min read
Shifting the Needle: The Meta Game of Algorithmic Collusion
By focusing on the "Meta game" of design and the "AI stack" of development, the CCI can bridge the gap between human-centric law and machine-driven markets.
Roshan Potharaju, Shiven Gupta
Mar 185 min read
Creditor Led Resolution Process: One Step Forward, Two Steps Backwards?
While the CLRP framework presents itself an progressive endeavor to introduce flexibility and efficiency into the insolvency regime, its current form contains several flaws that go to the root of the matter, compromising its efficacy.
Harshil Dey
Mar 158 min read
Droit à la déconnexion Bill of India: Right or Not?
India needs to go beyond symbolism and emulate other successful examples, such as France, by developing clear standards, strong adjudicatory bodies, and making the right realizable to all workers.
Priyasha Priyadarshni, Saksham Shivam
Mar 147 min read
Insolvency and Bankruptcy Code (Amendment) Bill 2025: Will it Actually Fix Delays and Low Recovery under the Code?
The new amendment brings changes that are certainly going to be effective for the IBC. However, we must also not overlook the on-ground problems that might be created due to the changes in the code.
Deepika Shekhawati
Mar 146 min read
When the Dust Settles on Dr Sohail Malik: Cross-Organizational IC Jurisdiction and Enforcement Gap
The decision in Dr Sohail Malik reflects judicial recognition that modern workplaces are porous and interconnected, and that rigid organizational boundaries cannot dictate access to redressal. By expanding the jurisdiction of the IC, the Supreme Court has prioritized substantive justice over formalistic limits. Yet, as with many transformative rulings, the limits of adjudication without corresponding legislative or institutional support stand exposed.
Disha Bais
Mar 96 min read
SEBI Merchant Banking Amendments: The Liquidity Effect on Underwriting
SEBI’s shift toward liquid net-worth requirements prioritizes immediate solvency over dynamic, risk-weighted metrics used in the US and EU. While this deleveraging enhances market stability, it risks institutional consolidation and reduced SME flexibility.
Aryan Chowdhury, Shaunak Saha
Mar 96 min read
bottom of page