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Legitimacy Begins with Notice: CIIRP and the Collective Character of Insolvency
The IBC was never meant to be a code of private enforcement. It is a statute of public restructuring, where creditor control is legitimate because it is bound by statute and under adjudicatory supervision. CIIRP diminishes the first moment of that supervision and must therefore heighten the requirements of notice and objection rights.
Devansh Awasthi
2 days ago7 min read
Rethinking Section 12A after the 2026 IBC Amendment
We must acknowledge that the 2026 Amendment is a correction that was much-needed, even if implemented through a blunt approach.
Tathya Sarkar, Krishna Chandrakar
5 days ago7 min read
Section 29A(c) of the IBC and the Trouble with Subhkam: A Purposive Reading of Control
Subhkam should never have been transplanted: SAST and IBC pursue divergent objectives, the SAT order was non-precedential by direct Supreme Court fiat, and the positive-control reading under-includes the negative-control defaulter-promoters Parliament meant to capture.
Vedant Bharadwaj
7 days ago6 min read
JAL’s Missing Auction: Process Finality v/s Value in IBC
The piece examines NCLAT's May 2026 dismissal of Vedanta's challenge to Adani Enterprises' INR 14,535 crore resolution plan for Jaiprakash Associates, where a bid gap of over INR 3,000 crore was left on the table due to the Process Note's bar on post-challenge modifications.
Suhani Chhaperwal
Jul 46 min read
Warranty Localisation and Channel Discrimination in Matrix v. Intel
Matrix v. Intel should not be read as requiring global warranty parity. Its stronger foundation lies in discrimination between two sources of genuine Intel products within the Indian relevant market.
Prabhas Kumar, Atharv Garg
Jul 36 min read
Pannalal's DLOM: Judicially Sanctioned Minority Expropriation?
Pannalal's blueprint has two structural failures firstly, no mandatory independent valuation for selective Section 66 reductions, and secondly, no genuine price discovery when those reductions target only public shareholders.
Devesh Sharma
Jul 36 min read
Deferred Income in Time-Share Taxation: Madras HC Finally Settles the Score
From the author’s point of view, the judgment shows how the tax laws evolve in India, addressing the needs of the increasingly sophisticated long-term business transactions.
Abhimanyu Beniwal, Srushti Khule
Jun 296 min read
Subscriptions that Last Forever: How Data Protection Rules will Redefine Subscriber Agreements
Subscriptions are not forever and fiduciaries must rethink their subscriber agreements and offerings to keep up.
Kshitij Malhotra
Jun 286 min read
Foreclosing Disclosure: Third-Party Funding Agreements and Privilege under SIAC Rules
While the latest SIAC rules empower the tribunal to order full disclosure of TPF agreements, such unbridled disclosure can potentially disadvantage the funded party.
Mustafa Topiwala, Pranav Gupta
Jun 285 min read
Nagaraj v. Mylandla: Transnational Issue Estoppel and the Enforcement of Foreign Awards in India
Nagaraj marks a significant step in favour of the enforcement of foreign arbitral awards in India by recognising transnational issue estoppel and limiting the re-litigation of issues already adjudicated by the seat court.
Avirah V Amprayil, Rishi Raj Rai
Jun 277 min read
Brilliant Metals: A Ticking Time Bomb in Indian CIRP
The conclusion in Brilliant Metals is, therefore, salvageable, even if its reasoning is not.
Abhishek Sanjay
Jun 276 min read
When Rankings Are Revenue: Lawyer Directories and Competition Law
Vignesh rightly found that online platforms were enabling solicitation in violation of BCI Rules.
Pranshu Gupta
Jun 207 min read
Guaranteeing Recovery, Denying Recourse: The Paradox of Personal Guarantor Insolvency in IBC's 2026 Amendment
This article critically analyses the recent legislative amendments and the proposed regulatory changes, with a particular focus on their implications for the recovery of liabilities from personal guarantors of corporate debtors.
Srijan Pandey, Himansh Soni
Jun 136 min read
Grandfathering is not a Shield: Tiger Global Case and the Conditional Protection of Legacy Investments
An important issue which needs further clarification is whether the clarification will have any retroactive effect in order to provide protection to the investors in cases where the proceedings are already initiated or under process in relation to prior years.
Sreevibhavan N
Jun 139 min read
When the Framework Outlives the Project: Evaluating SEBI's March 2026 REIT and InvIT Reforms
The four March 2026 reforms are all justified in their own right. The SPV amendment addresses a real compliance issue.
Mridul Kumar Chaurasia
Jun 127 min read
Compliance Cul-de-Sac? Terrascope and the Missing Route for Bona Fide Business Pivots
Terrascope settles an important question and should be welcomed for reinforcing transparency as a foundational norm of securities regulation.
Vighnesh Kumar Sharma
Jun 76 min read
Guarantee or Mere Commercial Assurance? Impact on Recovery Process
Creditors and practitioners should take heed - when in doubt, draft guarantees clearly. Otherwise, as the ruling reflects, informal promises of support will not give creditors the “financial debt” status that they may seek under the Code.
Abdul Haseeb, Ayushi Yelimineti
Jun 67 min read
Acquisition Finance Amendments from the RBI: A Measured Shift
The continued exclusion of FOCCs, the rigid profitability and control thresholds, the ambiguity around “long-term strategic investment,” and the uncertainty surrounding InvIT structures and offshore exposure caps together narrow the practical scope of the reform.
Triya Ghosh
Jun 67 min read
Caught on Tape: How SEBI’s Own Rules Create a Privacy Time Bomb
The cancellation of Elite Investment Advisory Services’ registration is a proportionate and well-reasoned enforcement outcome. However, the order inadvertently surfaces a regulatory design problem that deserves attention in its own right.
Aviral Joshi
Jun 58 min read
Pension Funds and AIFs: Reading PFRDA Master Circular Alongside SEBI's 2025 Reforms
The December 2025 PFRDA circular and SEBI's 2025 AIF reforms together represent a meaningful, even if incomplete, step towards integrating India's pension and alternative investment ecosystems.
Sidharat Som Mohanty
Jun 54 min read
Designing Fair Tax Exemption Regime: Revisiting India's Public Body Fiscal Framework
The tax exemption analysis of Sections 10(46) and 10(46A) does not imply that it is a fiscal concession; rather, it functions under a wider framework that is founded on controlled tax governance, with exemptions given on a conditional, selective, and by executive notice.
Aman Singh, Kuldeep Kalundha
May 316 min read
Extending Arbitral Mandates Beyond Statutory Time Limits: The Velusamy Decision
The central question is whether the court can extend time after the statutory 18-month period has expired, even after an arbitral award has been rendered.
Haren Digga
May 316 min read
SEBI’S Disclosure Wall has a Door: The Section 230 Problem
The Section 230 arbitrage is not a design defect in either statute. SEBI’s framework assumes direct contractual transactions within its jurisdiction.
Samridh Sharma, Aviral Joshi
May 306 min read
Commitment Orders under Section 48A: Settlement or Strategic Evasion?
Section 48A brings a much-needed flexibility in India's competition law regime. However, such flexibility cannot be left unconstrained. In its current form, the commitment mechanism threatens to undermine the deterrent effect of the commitment mechanism and retard the development of antitrust jurisprudence.
Chetan Kumar, Naliny
May 305 min read
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