Lalita Kumari v. State of Uttar Pradesh
In this case, the constitutional bench issued guidelines regarding the registration of FIR. Registration of an FIR is mandatory under Section 154 of the Code of Criminal Procedure (now Section 173 of Bhartiya Nagrik Suraksha Sanhita) if the information discloses the commission of a cognizable offence, and no preliminary inquiry is permissible in such a […]
Medical Negligence Laws
Healthcare plays an important role in protecting and improving the lives of people, making the relationship between the medical professional or practitioner and a patient important. Patient trust their doctor to diagnose their disease. However, when this trust is broken due to the carelessness of a doctor or any medical practitioner, medical negligence comes into […]
Women’s Right in India
Women in India have been facing discrimination for a long time, in terms of rights related to social, economic and political areas. During the colonial period, practices such as Sati Pratha, child marriage, dowry practices, and denial of access to education were prevalent. Patriarchy and misogyny were deeply rooted in ancient times. During the period […]
Comparative Analysis of International Trade law and Indian Trade law
Trade is crucial for a country’s economic growth. Countries establish relations with other nations through multilateral or bilateral agreements. Imports and exports are crucial because they contribute to a country’s economic development and provide citizens with products that are not available in the country. Not every country has resources that supply all the necessities, and […]
WHY DISTRESSED M&A IS BECOMING A STRATEGIC ROUTE FOR CORPORATE ACQUISITIONS IN INDIA
Distressed mergers and acquisitions (M&A) are gaining strategic relevance in India’s corporate acquisition landscape by enabling investors to acquire financially troubled businesses that retain valuable operational assets and commercial potential. The Insolvency and Bankruptcy Code, 2016 (IBC), has contributed to this development by establishing a structured mechanism for corporate resolution, facilitating ownership transitions and providing […]
ARBITRABILITY OF DISPUTES INVOLVING CORPORATE DEBTORS: RECONCILING THE ARBITRATION AND CONCILIATION ACT, 1996 WITH THE MORATORIUM UNDER SECTION 14 OF THE IBC
The intersection of the Arbitration and Conciliation Act, 1996 and the Insolvency and Bankruptcy Code, 2016 (IBC) presents one of the most intriguing statutory conflicts in modern Indian commercial jurisprudence. While arbitration is founded on party autonomy, consensual dispute resolution, and private adjudication, the IBC is driven by a collective, time-bound, and creditor-centric insolvency resolution […]
ARCELORMITTAL INDIA PVT. LTD. v. SATISH KUMAR GUPTA (2019): JUDICIAL INTERPRETATION OF SECTION 29A AND THE BOUNDARIES OF RESOLUTION APPLICANT ELIGIBILITY UNDER THE INSOLVENCY AND BANKRUPTCY CODE, 2016
The Supreme Court’s decision in *ArcelorMittal India Pvt. Ltd. v. Satish Kumar Gupta* (2019) represents a significant judicial interpretation of Section 29A of the Insolvency and Bankruptcy Code, 2016, particularly concerning the eligibility of resolution applicants and the prevention of defaulting promoters’ indirect participation in corporate insolvency resolution. This case commentary examines the factual circumstances […]
CHEQUE, CONTRACT, OR STATUTE? RESOLVING THE CONFLICT BETWEEN SECTION 69(2) OF THE PARTNERSHIP ACT AND SECTIONS 30/37 OF THE NEGOTIABLE INSTRUMENTS ACT
Section 69(2) of the Indian Partnership Act, 1932, bars unregistered partnership firms from enforcing rights arising from contracts. However, its application to suits for recovery on dishonoured cheques remains doctrinally unsettled, particularly where Sections 30 and 37 of the Negotiable Instruments Act, 1881, independently impose liability upon the drawer. This article examines the conflicting judicial […]
INVESTOR BOARD RIGHTS AND FOUNDER CONTROL IN VENTURE CAPITAL-FUNDED INDIAN START-UPS
In June 2023, three board members of BYJU’S quit within a few days of each other. These weren’t minor appointees they represented Peak XV Partners (formerly Sequoia India), Prosus, and the Chan Zuckerberg Initiative. Just before that, Deloitte walked away as an auditor, saying it hadn’t gotten the financial records it needed. After all this, […]
THE LEGAL STATUS OF VIRTUAL PROPERTY OWNERSHIP, POSSESSION AND TRANSFERABILITY IN THE METAVERSE
The development of the Metaverse has introduced new forms of digital assets, including virtual land, avatars, digital clothing, collectibles, artwork and non-fungible tokens (NFTs). These assets can possess considerable economic value and may be bought, sold or transferred between users. However, their legal status remains uncertain. The central difficulty is determining whether a person who […]