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Evidentiary Asymmetry and a Warning from the Horizon Case: Analysing the Bankers’ Books Evidence Bill 2026
The Bill modernises the form of bankers’ books. Its certification architecture must also be modernised without diluting the evidentiary discipline that gives these records their legal weight.
Sai Sri Sarvani Kanda, Harinandana V
10 hours ago6 min read
Fast But Not Final: The Section 9A Gap in India’s Emergency Arbitration Regime
The Draft Arbitration and Conciliation (Amendment) Bill 2024, despite being pending for more than two years since its drafting, includes a provision in Section 9A for making provision for emergency arbitrators through arbitral institutions in the same way that orders can be made under Section 17(2).
Rishi Kumar
5 days ago6 min read
A Blunt Sword: On Exemplary Costs and Section 33
This post argues that the court’s clarification creates an asymmetrical safeguard which is a weak deterrent against strategic litigants seeking to prolong a Section 34 application.
Prabhat Rajagopalan
6 days ago6 min read
Grandfathering the Wrong Deterrent: SEBI’s Regulation 62A Proposal and the Unlisted Debt Market
On 10 August 2026, the Department of Debt and Hybrid Securities of the Securities and Exchange Board of India released a consultation paper proposing, alongside an expansion of ISIN limits for privately placed debt, to dispense with the obligation on an issuer entering the listed debt market for the first time to also list its outstanding unlisted non-convertible debt securities issued on or after 1 January 2024.
Amogh Singh
6 days ago6 min read
Beyond the Moratorium: Coordinating Consumer Proceedings with CIRP after Tejas J Shah
The author's submission is that Tejas J Shah is rightly decided and useful for correcting a specific adjudicatory error, but that its doctrinal contribution is narrower than a first reading suggests.
Rishi Kumar
Oct 26 min read
Beyond Coordination: Designing Statutory Consolidation for India's Group Insolvencies
The blog puts forth the idea of having a statutory synergy threshold test with a 75% equity ownership trigger, based on value-flow modelling, which would facilitate comprehensive resolutions and help in unlocking the value trapped in India's 300+ group-linked NPAs.
Akshit Dwivedi, Dipti Singh
Sep 306 min read
Beyond Ownership: Government Licences and the Limits of IBC's Rescue Objective
This article argues that the Supreme Court’s decision undermines the rescue-oriented objective of the IBC and examines potential solutions adopted by major jurisdictions worldwide.
Priya Sharma
Sep 287 min read
Defining the Defaulter: The Minimum Standards Governing LP Default Provisions in AIF
The article proposes that SEBI amend the PPM template under Annexure 1 of the master circular for AIFs to prescribe minimum standards governing default identification, consequences, and the routing of default proceeds.
Jai Narayan
Sep 266 min read
Nominated but Not Protected: Why The DPDPA's Post-Mortem Framework Betrays Puttaswamy
This piece argues that the DPDPA’s post-mortem framework, when measured against Puttaswamy’s dignity based privacy foundation, is structurally inadequate.
Yash Kumar
Sep 256 min read
GAAR v/s MLI (PPT): A Redundant Backstop or a Double-Jeopardy Overlap?
[Krupali is a student at Gujarat National Law University.] On 15 January 2026, the Apex Court in Tiger Global International II Holdings v. AAR (Tiger Global) denied treaty relief under the India-Mauritius DTAA, relying on the doctrine of substance over form. Eleven months before then, in SC Lowy PI (LUX) SARL v. ACIT (SC Lowy), the Income Tax Appellate Tribunal, Delhi delivered India’s first judicial application of the principal purpose test (PPT). This was followed by the In
Krupali Amit Vadgama
Sep 238 min read
The Third Lane: RBI's FCE Classification Gap
The RBI already has everything it needs for the purpose. It has a standalone control test; policy authority sitting with DPIIT; and administrative authority over the rules. All it needs is for one specific lacuna to be filled, namely, who takes charge in case of conflicting or inconsistent sector-specific interpretations of the control tests.
Neeve Anand
Sep 205 min read
Binding the Non-Signatory: SIAC PPOS, the Group of Companies Doctrine, and the Enforcement Problem
The PPO framework has been extensively discussed by practitioners and scholars, attracting criticism ranging from inadequate opportunity to be heard, to enforcement problems arising from the provisional nature of these orders.
Kanha Pandey, Madhav Kulkarni
Sep 207 min read
Banned Games, Trapped Funds: PROGA’s Refund Gap and Missing Refund Route
This post argues that PROGA classified the game but not the money held through it. By deleting draft Rule 24, the Rules left users with a restitutionary right but no clear means of receiving payment.
Prabhas Kumar, Atharv Garg
Sep 206 min read
Time to “Change:” Tata Sons Saga
India does not have one disclosure gap above Tata Sons. It has two disclosure regimes that were each built to answer a different question; company law asks who controls, securities law asks what happened. Neither could have been possibly designed having a multi-tier, trust-controlled, unlisted promoter sitting above a listed group in mind.
Anushka Aggarwal
Sep 196 min read
Between Assistance and Adjudication: Defining the Role of AI in Judicial Decision-Making
As AI becomes increasingly integrated into the justice system, the regulatory framework must evolve to safeguard the accuracy, accountability, and public confidence in judicial decision-making.
Keshav Agarwal, Rajbeer Singh Saluja
Sep 185 min read
Small and Medium REITs and the Insolvency Question SEBI Never Answered
The central thesis: India has a statutory answer for retail investors stranded inside a single insolvent asset-holding company; it has simply never been asked whether that answer was built wide enough to reach this particular investor.
Pranay Rajesh Sonkusare
Sep 176 min read
The Illusion of Standardisation: Why SEBI’s New AIF Voting Rules Miss the Mark
The AIF industry is quite significant and permitting a system that allows conflicted manager to influence deals for their own profit is detrimental. SEBI can easily avoid this by applying the existing rules which govern REITs and InvITs to AIFs alongside the other reforms proposed in this blog.
Saransh Patwal
Sep 136 min read
From AGR to Aircel: How the Supreme Court Wrote Spectrum Out of IBC
Until Parliament and Insolvency and Bankruptcy Board of India catch up, TSP resolutions, as well as those of other natural resources, will sit in the gap that the Supreme Court has just defined.
Sumedha Kashyap
Sep 126 min read
Beyond Mafatlal: A Shift in GST Refund Jurisprudence
The Mafatlal principles were articulated generally in respect of refund claims, not merely those arising under the Central Excise Act.
Krishna Jani, Avani Kanswa
Sep 107 min read
Regulating the Black Box: Gaps in IFSCA's 2026 Algorithmic Trading Framework
The IFSCA's January 2026 consultation paper is a meaningful first step toward building a credible algorithmic trading framework for GIFT IFSC. However, a framework that privatises oversight to commercial exchanges and leaves third party harm without a clear legal remedy is not yet fit for the ambitions it is meant to serve.
Sakshi Jain
Sep 86 min read
Protection of Employee Equity Rights During M&A Transactions: Is the Indian ESOP Framework Adequate?
The author argues for the legal recognition and protection of vested but unexercised ESOPs by characterising them as accrued economic entitlements that should not be retrospectively impaired during acquisition transactions.
Vaanya Kesari
Sep 67 min read
Beyond Liability: Rethinking Copyright Remedies in ANI v. Open AI
ANI v. OpenAI therefore represents more than another copyright dispute involving AI.
Addepalli Aaditya Hridai, Srijan Pandey
Sep 66 min read
When Security Becomes a Defence: The Liability-Remedy Divide under Section 4 of Competition Act 2002
The inquiry against Apple will finally come to a conclusion one day. However, the dilemma that the inquiry has brought to light will remain unresolved.
Varuni Savanur, Pratyaksh Jain
Sep 56 min read
Section 240C and the ‘Blank Cheque’ Problem in Cross-Border Insolvency
This piece argues that the manner in which Section 240C has been drafted is more than just an ordinary administrative delegation and can lead to the delegation of the essential legislative function.
Kartik Kanodia
Sep 46 min read
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