Introduction The Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “IBC”) has reshaped India’s approach to insolvency by establishing a clear, time-bound, and transparent mechanism aimed at protecting stakeholder interests, ensuring fair outcomes, and supporting economic stability. Within this framework, Form G occupies a pivotal position in the Corporate Insolvency Resolution Process (CIRP), acting…
INTRODUCTION In today’s interconnected global economy, intellectual property (hereinafter referred to as “IP”) is no longer confined by national borders. Businesses operate in multiple jurisdictions, supply chains span continents, and products and services are accessible worldwide via digital platforms. While globalization has expanded market opportunities, it has also made IP rights more vulnerable to cross-border…
Glen Industries Private Limited v. Oriental Insurance Company Limited Court – Calcutta High Court Citation – AP-COM/540/2025 Date – 12.08.2025 The Hon’ble Calcutta High Court has held that the proceedings between Expiry of Arbitrator’s Mandate and its Extension are not Void if Mandate is Extended. The Court held, “13. The legislative intent was that…
INTRODUCTION The online gaming industry in India is growing at an unprecedented rate. It fulfills the criteria of a very dynamic branch of the digital economy. Affordable smartphones, cheap data plans, and youth with technology knowledge have converted casual plays into a full-fledged industry. Real-money platforms such as fantasy sports, poker, rummy, and other skillful…
Introduction In India’s insolvency ecosystem, the Committee of Creditors (CoC) occupies a pivotal position within the Corporate Insolvency Resolution Process (CIRP) framework established by the Insolvency and Bankruptcy Code, 2016 (IBC). After the National Company Law Tribunal (NCLT) admits a company into the CIRP, the interim resolution professional collects and validates claims and forms the…
Introduction In India, arbitration is one of the most preferred methods of resolving commercial disputes because it upholds party autonomy, procedural flexibility, and cost-effectiveness. In complex and document-intensive cases, specialized tribunals and streamlined processes frequently offer more efficient and reliable outcomes compared to traditional litigation. A critical question in this domain is whether disputes involving…
Indraprastha Power Generation Co. Ltd. v. EM Services (I) Pvt. Ltd. Court – Delhi High Court Citation – O.M.P 717/2010 Date – 13.08.2025 The Hon’ble Delhi Court has held that an Arbitral award refusing to frame an issue for the counter claim is patently illegal and would be against the fundamental policy of…
INTRODUCTION In the digital era, the term data has evolved for businesses spread across various economic sectors. The rise of e-commerce, fintech, and digital startups has led to massive personal data collection, making privacy a central concern. In a landmark step and paramount legislation, Indian legislators have passed the Digital Personal Data Protection Act (hereinafter…
The Gujarat High Court, in Tractors and Farm Equipment Ltd. & Anr. v. Union of India & Ors. , Special Civil Application No. 22073 of 2019, decided on 03.07.2025, quashed the penalty imposed under Section 129 of the Goods and Services Tax (hereinafter referred to as “GST”) Act, 2017, on the ground that the authorities…
INTRODUCTION The gender pay gap continues to be a prominent challenge in India’s labor market, reflecting disparities in remuneration not only for comparable work but also across roles, seniority levels, sectors, and career trajectories. These gaps are influenced by a combination of systemic factors such as occupational segregation, differences in access to leadership roles, interruptions…
Introduction On a contemporary scale, India’s financial markets have greatly evolved, accompanied by swift technological upgrades. One of the most important invention influencing market participation is algorithmic trading (hereinafter referred to as “algo-trading”). If in the distant past, it was a highly technical and sophisticated tool used by large institutional players, nowadays, it has gone…
Kamal Gupta & Anr. v. L.R. Builders Pvt. Ltd. & Anr. Court – Supreme Court Citation – 2025 INSC 975 Date – 13.08.2025 The Hon’ble Supreme Court has held that non-signatories to an arbitration agreement cannot be allowed to participate in arbitration proceedings as it waters down the concept of confidentiality. The Court held,…
Introduction Arbitration is a popular method of dispute settlement in India, particularly in commercial transactions. Traditionally, arbitration agreements have been binding only on the signatories to the contract. However, modern commercial realities often involve complex corporate structures where multiple entities, though legally distinct, form part of a larger business group and are closely involved in…
In the case of PhonePe Private Limited v. State of Karnataka & Ors. (W.P. No. 3757 of 2023), (GM-Police), pronounced on 29 April 2025, the Hon’ble Karnataka High Court (“HC”) was confronted with a critical question at the intersection of fintech regulation, privacy, and police investigative powers. BACKGROUND: THE REGULATORY FLASHPOINT PhonePe Private Limited…
Activitas Management Advisory Private Limited v. Mind Plus Healthcare Private Limited Court – Supreme Court Citation – SLP (C) No. 27714 of 2024 Date – 05.08.2025 The Hon’ble Supreme Court has held that in absence of the seat or venue mentioned in the Arbitration Agreement, the Place of Exclusive Jurisdiction shall be deemed as…
Introduction The Insolvency and Bankruptcy Code, 2016 (IBC) has radically transformed the corporate debt resolution framework in India by introducing time-bound processes and strengthening creditor rights. While much of the discussion around the IBC revolves around corporate debtors, a crucial aspect is its treatment of personal guarantors to corporate debtors. A personal guarantor is an…
Introduction Arbitration has emerged as a preferred mode of Alternative Dispute Resolution (ADR) in India and globally, particularly for commercial disputes. Its appeal lies in its flexibility, party autonomy, cost-effectiveness, and relative speed compared to traditional litigation. The Arbitration and Conciliation Act, 1996 (the “Act”) provides the legal framework for arbitration in India. A central…
Introduction The success of international arbitration hinges on the precision and clarity of the dispute resolution clause. Among the most critical, yet frequently confused, terms are ‘seat’ and ‘venue’. While they both relate to the location of an arbitration, they serve fundamentally different functions and carry vastly different legal consequences. A failure to distinguish between…
Introduction In the Indian business context, contracts must be more than simple statements of rights and obligations; they need to be crafted to handle every eventuality. Even the most well-negotiated collaborative relationships can give rise to conflicts over performance, payments, interpretation, or other unforeseen issues. It is during such disputes that contracts are truly tested….
S. K. Builders v. CLS Construction Pvt. Ltd. Court – Delhi High Court Citation – O.M.P. (COMM) 297/2023 Date – 08.08.2025 The Hon’ble Delhi High Court has held that no response does not mean consent for appointment of Arbitrator. Appointment requires positive consent and in the absence of it, the appointment becomes unilateral and illegal….
The Hon’ble Supreme Court, in the case of Union of India & Anr. v. M/S Yasho Industries Limited, Special Leave Petition (Civil) Diary No. 17547/2025, decided on 19.05.2025, upheld the view that payment of pre-deposit under Section 107(6)(b) of the Central Goods and Services Tax (hereinafter referred to as “CGST”) Act, 2017, can be validly…
Introduction In the rapidly evolving landscape of commercial dispute resolution, “emergency arbitration” has emerged as a vital tool for parties seeking urgent interim relief before the constitution of a formal arbitral tribunal. The concept of an Emergency Arbitrator is particularly significant in cross-border commercial transactions where delays in securing urgent interim measures could lead to…
Introduction The Insolvency and Bankruptcy Code, 2016 (IBC) has emerged as a cornerstone of India’s economic reforms, providing a unified and efficient framework for resolving corporate insolvency. At the heart of the Code lies the Corporate Insolvency Resolution Process (CIRP)—a time-bound and creditor-driven mechanism aimed at reviving distressed companies or, when revival is not possible,…
Introduction In a significant ruling that reinforces the legislative intent of the Arbitration and Conciliation Act, 1996 (the ‘Arbitration Act’), the Supreme Court of India, in the case of The Managing Director Bihar State Food and Civil Supply Corporation Limited & Anr. v. Sanjay Kumar, has decisively settled the scope of judicial inquiry at the…
The Hon’ble High Court of Telangana, in the case of Air India v. Appellate Authority & Others, Writ Petition No. 6479 of 2019 decided on 07.07.2025, held that a principal employer cannot escape liability for gratuity payments merely by labeling the arrangement as a works contract. FACTS Air India (hereinafter referred to as “the Petitioner”)…
Consolidated Multiple Years GST Show Cause Notices: Is this the Legislative Intent? I.The Issue at Stake A foundational question has long troubled India’s GST regime: Can GST authorities issue a single Show Cause Notice (SCN) covering multiple financial years and pass a composite assessment order for several years at once? While various High Courts have…
Introduction The Digital Personal Data Protection Act (hereinafter referred to as the “DPDPA” or “the Act”) 2023, alters how India looks at data privacy and compliance frameworks. One of the most talked about provisions of the Act is per-transaction, or granular, consent, which requires that a user must provide explicit consent for each and every…
Roshan Agarwal v. National Projects Construction Corporation Limited (NPCCL) & Anr. Court – Calcutta High Court Citation – AP-COM/218/2025 Date – 04.08.2025 The Hon’ble Calcutta High Court has held that the mere use of the expression “Arbitration” in a clause is not sufficient to make the Agreement binding and the intent of the parties…
INTRODUCTION In the fast-paced world of startups, intellectual property (hereinafter referred to as “IP”) is often a company’s most valuable asset. From patents and trademarks to software code and brand identity, these intangible assets can significantly enhance a startup’s market value, competitive advantage, and attractiveness to investors. However, startups frequently overlook a critical process in…
INTRODUCTION The Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”) constitutes an exhaustive and systematic legislative framework that governs the law relating to domestic and international commercial arbitration in India. The Act delineates the procedural and substantive aspects of arbitration, aiming to ensure the fair, efficient, and speedy resolution of disputes outside…
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