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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
Oct 36 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
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
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
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
The Civil Death of an Enterprise: Blacklisting, Proportionality, and the Constitutional Discipline of State Exclusion
Read narrowly, AKG Construction rescued one contractor. Read for the principle it carries, it restates that the State may choose whom to contract with, but it may not pronounce an enterprise’s civil death without the discipline the Constitution exacts.
Siddharth Dev Prasad
Aug 225 min read
When Insolvency Substitutes for Real Estate Regulation
The real question is not whether homebuyers belong within the IBC. It is why insolvency law has become the institution through which failures of real estate regulation are increasingly corrected, and how long a regulator can keep failing before the statute quietly covering for it is mistaken for the solution.
Aditya Gyawali
Aug 175 min read
When Veil Piercing Replaces Statutory Interpretation: The Unresolved Question in Alpha Corp v. GNIDA
The Supreme Court's judgment in Alpha Corp has been widely read as a homebuyer-protective ruling; that reading is accurate as far as it goes.
Kshitij Saruparia, Apeksha Kachhawaha
Aug 35 min read
Section 16(2)(c) Reaches the Supreme Court: What the Apex Court Must Decide and How
As the Gujarat HC correctly holds, Section 16(2)(c) of the CGST Act 2017 is not constitutionally infirm.
Daksh Kumar Bafna
Jul 316 min read
Clean Slate or Legal Fiction? Set-Off After Ujaas Energy
The decision in Ujaas Energy highlights the inherent tension between finality and fairness in the IBC framework.
Shivam Kumar Mishra
Jul 316 min read
Section 9 After the Award: Rethinking Interim Reliefs for Unsuccessful Parties
The Supreme Court’s recent judgment in Home Care Retail Marts Private Limited v. Haresh N Sanghavi has clarified a long-standing conflict in Indian arbitration jurisprudence regarding the scope of post-award interim reliefs under Section 9 of the Arbitration and Conciliation Act 1996.
Adira Chaturvedi, Divyansh Morolia
Jul 316 min read
Reversing Rainbow Papers, Revealing New Risks: The CIIRP Gap in 2026 IBC Amendment
The effectiveness of CIIRP post-Amendment will ultimately depend upon preventing disruptive pre-insolvency enforcement that frustrates restructuring efforts.
Addepalli Aaditya Hridai, Prajjwal Pandey
Jul 225 min read
A Proceeding Divided Against Itself: The Bifurcation Holding in Dineshchand Surana and the Unresolved Fate of P Mohanraj
Until the three-judge bench rules, the operative position is Surana’s bifurcation, reached by a route the statute does not actually require.
Apeksha Kachhawaha, Kshitij Saruparia
Jul 196 min read
Clarification or Reversal: What Gameskraft Means for Regulated Industries
Gameskraft does not raise the question of whether clarificatory amendments are constitutionally permissible. They are, and this article does not argue otherwise. The issue is the absence of any rigorous gatekeeping before the label is applied.
Pawni Singh, Prikshit Rathore
Jul 186 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
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
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
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
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
The Remedial Paradox in CCI v. WhatsApp: Losing on Leveraging May Produce Better Digital Competition Enforcement
NCLAT’s split outcome has paradoxically created a perpetual framework for WhatsApp that could prove to be more durable and effective than the CCI’s original prescription.
Pranshu
May 266 min read
Default and Discretion: Revisiting Insolvency Admission under Section 7 of IBC
This blog delves into the trusteeship decision, which enunciates that incomplete and informal restructuring discussions cannot be relied upon to hinder the statutory trigger of insolvency once debt and default are established.
Kavya Jindal, Roshan Kumar Behera
May 257 min read
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