Author: Contributor
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Supreme Court on the NCLT’s Jurisdiction on Matters of Fraud, Manipulation and Coercion
[Umakanth Varottil is a Professor of Law at the National University of Singapore] The “tribunalisation” of company law in India occurred several years ago with the establishment of the Company Law Board (CLB), which thereafter metamorphosed into the National Company Law Tribunal (NCLT) under the Companies Act, 2013. The benefits of such tribunalisation are well known,
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Rights for Wrongs: Potential Deprivation of Shareholders’ Property Rights under the Mandatory Demat Rule
[Payal Agarwal is a Partner at Vinod Kothari & Co] The mandatory dematerialisation provisions under the Companies Act, 2013 require companies to issue their securities and facilitate transfer requests in dematerialised form. For private companies, the mandate has become effective since 30 June 2025. Hence, every private company (barring a small company) is now required to
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When “Full and Final” is Not Final: Supreme Court on Economic Duress and Arbitration
[Anmol Jain is a fourth year B.Com LLB (Hons.) student at Institute of Law, Nirma University] On 6 May 2025, the Supreme Court in Arabian Exports Pvt. Ltd. v. National Insurance Co. Ltd. delivered a judgment that decisively strengthened India’s pro-arbitration stance. The case dealt with a practical but contentious issue: whether signing a discharge voucher in “full
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Saga of Independent Director Resignations Unfolds Again in India Inc.
[Harpreet Kaur is Vice-Chancellor, National Law University, Jodhpur] The Indian corporate governance landscape has once again witnessed resignations by independent directors in what was a seemingly promising startup. Soon after an interim order was passed by the Securities and Exchange Board of India (SEBI) against the promoters of the Gensol Engineering Limited (GEL), who are also the founders of BluSmart
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The RBI’s New Directions on Investments by Regulated Entities in Alternative Investment Funds
[Aparna Ravi is a Partner and Divyanshu Sharma an Associate at S&R Associates, Advocates] In the past few years, the Reserve Bank of India (“RBI”) has issued directions to regulate investments by banks, non-banking financial companies and other regulated entities (collectively, “REs”) in alternative investment funds (“AIFs”). These regulatory measures have been primarily intended to curb evergreening of
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Equitable Overreach?: Re-examining Article 142 in the Context of the IBC (Part – II)
[Srujan Sangai is a V year B.A. LLB student at National Law School of India University, Bengaluru. Part I of this post is available here] Reframing Equity’s Domain within the IBC Theoretical Foundations: Interpreting “Fairness” through Legal Positivism and Economic Efficiency In the context of the IBC, the “law” refers to the explicit, codified rules, procedures, timelines, and
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Equitable Overreach?: Re-examining Article 142 in the Context of the IBC (Part – I)
[Srujan Sangai is a V year B.A. LLB student at National Law School of India University, Bengaluru] The Supreme Court of India has been invoking Article 142 of the Constitution to settle insolvency disputes in the recent past. From 2016 until 2024, the Supreme Court has invoked Article 142 in 36 cases to adjudicate insolvency matters. More recently, in Kalyani
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Why is Cybersecurity in Asia an Investment Problem and Less of a Regulatory Problem?
[Jishnu M Nair is a Counsel, ASEAN Compliance Officer at IBM ] The IBM Cost of a Data Breach Report 2025 tells us that, globally, there has been a slight reduction in the average cost of data breaches. However, in countries across the Asian region, specifically for the ASEAN and India bloc, the trend is moving in the opposite direction. The average cost of a
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SEBI’s 2025 Related Party Transactions’ Overhaul: Balancing Ease of Doing Business and Investor Protection
[Mustafa Rajkotwala is a commercial lawyer based in Mumbai, India] On 4 August 2025, the Securities and Exchange Board of India (‘SEBI’) released a consultation paper (‘2025 Paper’) proposing a significant overhaul of the framework governing related party transactions (‘RPTs’) under the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (‘LODR’). The proposals follow recommendations of the Advisory
