INTRODUCTION Consent in healthcare is no longer a matter of routine paperwork. It has become a statutory and governance obligation under India’s Digital Personal Data Protection Act, 2023 (“DPDP Act”), the National Digital Health Mission (“NDHM”), and the oversight of ethical guidelines in medical practice. Hospitals and clinics are data fiduciaries. They carry a direct…
Chakardhari Sureka v. Prem Lata Sureka through SPA & Ors. Court – Supreme Court Citation – Civil Appeal No. 11840/2025 Date – 15.09.2025 The Hon’ble Supreme Court has held that the pendency of Section 37 appeal cannot be a ground for stalling of execution of Arbitral Award. The Court held, “6. In our view, the…
INTRODUCTION In India’s rapidly expanding economy, Artificial Intelligence (hereinafter referred to as “AI”), automation and digitalization are transforming industries faster than any time in history. Employees can no longer just rely on a single set of skills to sustain them for a lifetime. They will now need to continuously re-skill and upskill to obtain skills…
Introduction Digital lending makes borrowing fast and easy, but it also creates a new target for criminals: synthetic identity fraud (SIF). Unlike old-school fraud, which uses someone else’s name or credentials, SIF builds fake, but realistic, identities from bits and pieces of real and made-up data. These synthetic “people” can get loans, credit cards, and benefits, racking up huge losses before anyone spots the deception. What is SIF? Synthetic Identity Fraud occurs when criminals…
INTRODUCTION Mergers and acquisitions are complex transactions that require meticulously drafted agreements to govern the relationship between the buyer, the seller, and other stakeholders. The M&A agreement not only sets out the commercial terms such as purchase price but also lays down the detailed legal framework that allocates risks, responsibilities, and protections. Its primary purpose…
Gujarat Power Corporation Limited v. Tata Power Renewable Energy Limited Court – Gujarat High Court Citation – R/Special Civil Application No. 6910 of 2025 Date – 11.09.2025 The Hon’ble Gujarat High Court has held that a Writ Court should only interfere with procedural order of arbitral proceedings under rarest of rare circumstances or if the…
Introduction The rapid integration of the Internet of Things (“IoT”) into India’s manufacturing sector has transformed supply chain operations. IoT-enabled sensors, Radio-Frequency Identification (“RFID”) tags, and connected logistics systems now support real-time inventory management, predictive maintenance, and optimised delivery processes. This digital infrastructure has enhanced efficiency and competitiveness, but it has also introduced significant vulnerabilities…
Introduction India’s startup ecosystem has reached new heights with unprecedented venture capital inflows and a growing appetite for mergers and acquisitions (M&A). Many founders cherish the unique moment a startup is acquired, whether by a strategic investor, a tech behemoth, or a private equity fund. When a buyer comes to the table, they are not…
The Delhi High Court, in the landmark case of National Aluminium Company Limited v. Commissioner of Delhi Goods and Services Tax & Ors., W.P.(C) 13798/2025 & CM Appl. 56612/2025, decided on 9th September 2025, addressed critical issues of procedural fairness in the adjudication of GST demands complicated by digital infrastructure challenges. The Petitioner, a Public…
INTRODUCTION India’s e-commerce industry is undergoing rapid and significant expansion. With widespread internet access and the normalisation of digital payments, online retail has evolved from a mere convenience to an essential service. The sector is expected to cross USD 350 billion by 2030, establishing it as a central pillar of the nation’s digital economy. However, this…
The Supreme Court, in the case of Rakesh Kumar Verma v. HDFC Bank Ltd., Civil Appeal No. 2282 of 2025, decided on 08.04.2025, upheld the validity of exclusive jurisdiction clauses in private employment contracts, making it mandatory for disputes to be filed only in the courts specifically agreed upon by the parties. FACTS HDFC Bank Ltd….
The Goods & Services Tax (hereinafter referred to as “GST”) Appellate Tribunal in the case of DGAP V. Puma Realtors Pvt. Ltd. (NAPA/84/PB/2025) decided on on 26.08.25 under Section 171 of Central GST Act, 2017 rejected and closed the anti-profiteering proceedings and set aside the notice issued by the Directorate General of Anti-Profiteering (hereinafter referred…
Introduction In India, arbitration has become a preferred dispute resolution mechanism for commercial matters. Its key advantages—neutrality, efficiency, and cost-effectiveness—enhance its appeal, especially when compared to potentially lengthy court litigation. A common question from clients is: what is the actual cost of arbitration in India? The common perception is that arbitration is always less expensive…
INTRODUCTION Artificial Intelligence (“AI“) chatbots are becoming integral to our everyday lives as educational resources and even psychological aides. Their design and conversational mechanisms attract the young and adolescent demographic, who are looking for help and communication in the digital world. The recent lawsuit filed by the parents of a teenager against OpenAI, alleging that…
Introduction Financial service providers (FSPs), including banks, Non-Banking Financial Companies (NBFCs), insurance companies, and other regulated financial institutions, play a critical role in the stability and growth of the Indian economy. Their unique functions—involving public deposits, payments, credit intermediation, and safeguarding investor interests—necessitate a distinct resolution framework when these entities face financial distress. The Insolvency…
State of U.P. and 2 Others v. Satish Chandra Shiv Hare-Brothers Court – Delhi High Court Citation – Matters under Article 227 No. – 11680 of 2023 Date – 25.08.2025 The Hon’ble Delhi High Court has held that statutory interest can be granted by Executing Court under Section 36 which may not have been mentioned…
The Paradigm Shatter: Understanding India’s Negative List Breakthrough Every major data protection framework from GDPR to China’s Cybersecurity Law operates on a restrictive foundation. Likewise, under the Digital Personal Data Protection Act,2023(DPDPA), the data of “Data Principal”( Subject Data in GDPR) cannot cross borders unless specific conditions are met. The European Union’s “adequacy decisions”…
In Satyadevi Alamuri (Liquidator of M/s. G.B. Engineering Enterprises Pvt. Ltd.) v. Assistant Commissioner of GST & Central Excise, W.P.(MD) No. 28930 of 2024, decided on 28.07.2025, the Hon’ble Madras High Court dismissed the Department’s demand for tax, interest, and penalties, ruling that deposits made in the Electronic Cash Ledger during liquidation constitute a legitimate…
Introduction In India, wage-related laws have historically been complex and varied across sectors, which often created confusion for both employers and employees. To address this, the Government of India introduced the Code on Wages, 2019, a landmark legislation consolidating and harmonizing four major labour laws related to wages, bonuses, minimum wages, and equal remuneration…
Introduction India’s business landscape is characterized by large groups of interconnected companies, including parent firms, subsidiaries, and affiliates with deeply intertwined financial and operational relationships. When a company within such a group faces insolvency, the distress often spreads throughout the network, making isolated resolutions inefficient and value-destructive. Traditionally, the Insolvency and Bankruptcy Code, 2016 (IBC)…
Surender Bajaj v. Dinesh Chand Gupta and Ors. Court – Delhi High Court Citation – ARB.P. 1076/2025 Date – 19.08.2025 The Hon’ble Delhi High Court has held that a Section 11 Application cannot be filed if order dismissing Section 8 Application is not set aside as such order amounts to res judicata. The Court held,…
INTRODUCTION Small and medium enterprises (hereinafter referred to as “SMEs”) put food on the table for most Indians. Think of a neighborhood Kirana store, a small eatery down the lane, an online apparel seller in the heart of Bengaluru, or even a local taxi service in Cochin. Individually, each of these may not seem like…
Introduction In a significant ruling that reinforces the primacy of substance over form in commercial contracts, the Supreme Court of India has held that an arbitration agreement can be binding even if it is not signed by a party, provided their conduct demonstrates clear consent to its terms. The bench in the case of Glencore…
INTRODUCTION In the modern-day economy, data is no longer an afterthought of a business, it has become an invaluable resource. It is the currency that drives commerce, innovation, and consumer confidence. In this regard, the question of where data should reside is polarizing governments, businesses, and consumer trust. The increasing number of cyber threats, evolving…
The Hon’ble Calcutta High Court in Tara Lohia Private Limited v. Additional Commissioner, CGST & CX, WPA 9655 of 2025, July 9, 2025, held that assesses must prove through bank statements or equivalent evidence that supplier payments were made within 180 days to retain ITC under Section 16(2) of the Central Goods and Services Tax…
Introduction Section 29A of the Insolvency and Bankruptcy Code (IBC), 2016, is a critical and often-debated provision that has fundamentally shaped India’s insolvency landscape. It acts as a gatekeeper, establishing a restrictive framework that determines who is ineligible to submit a resolution plan for a distressed company. The section was introduced to protect the integrity…
Introduction Under the Insolvency and Bankruptcy Code, 2016 (IBC), the Corporate Insolvency Resolution Process (CIRP) is a time-bound mechanism managed by two distinct office-holders: the Interim Resolution Professional (IRP) and the Resolution Professional (RP). The process begins with an IRP, who takes immediate control of the debtor’s assets, stabilizes operations, verifies creditor claims, and forms…
K.Bala Vishnu Raja v. Emaar Hills Township Private Limited and Others Court – Telangana High Court Citation – CC.R.P. Nos. 1014 and 1184 of 2024 Date – 19.08.2025 The Hon’ble Telangana High Court has held that an a Non-signatory must have close and live connection to the Arbitration Agreement for being made a part of…
Introduction Financial distress experienced by Micro, Small, and Medium Enterprises (MSMEs) in India is often not an indication of fundamental business weaknesses but rather the result of external shocks like delayed payments, supply chain disruptions, or working capital gaps. Traditional insolvency proceedings under the Insolvency and Bankruptcy Code (IBC) have proven to be costly, time-consuming,…
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