Tag: Company Law
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Crime and Punishment: How Can a Corporation Possess Mens Rea?
[Shailee Basu is an Associate at Shardul Amarchand Mangaldas & Co. and based in Delhi] A corporation has no body with which to be punished and no mind with which to form criminal intent. Yet modern criminal law increasingly treats the corporation as a criminal actor in its own right. The Supreme Court’s recent judgment…
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Rethinking Corporate Ratification after Terrascope: Fiduciary Dishonesty and the Need for a Business Judgment Rule
[Kushagra Jaiswal is a third-year B.A., LL.B. (Hons.) student at NALSAR University of Law, Hyderabad] On March 17, 2026, a division bench of the Supreme Court comprising Justice J.B. Pardiwala and Justice K.V. Viswanathan delivered a landmark ruling in SEBI v. Terrascope Ventures Ltd., addressing the limits of shareholder ratification in cases involving violations of securities law.…
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Reading SEBI’s Buyback Reversal: Tax Fix, Not Change of Heart
[Ishika Gupta is a 3rd year B.A. LL.B. (Hons.) student at NALSAR University of Law, Hyderabad] On 1 April 2025, the Securities and Exchange Board of India (“SEBI”) extinguished the open market buyback route through stock exchanges, completing a phase-out it had set in motion at the end of 2022. Sixteen months later, on 1 August…
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The Tata Sons Leadership Imbroglio: Some Corporate Law and Governance Considerations – Part II
[Umakanth Varottil teaches and researches in corporate law and governance. Continued from Part I] Where Does the Battlefront Shift? Given the standoff at the board level, the battle for leadership of Tata Sons could move to the shareholders in general meeting, or to the courts or tribunals, or both. While the board of the company has taken…
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The Tata Sons Leadership Imbroglio: Some Corporate Law and Governance Considerations – Part I
[Umakanth Varottil teaches and researches in corporate law and governance] On 24 October 2016, Tata Sons, the holding company of the sprawling eponymous conglomerate, fell into turmoil upon the removal of its then chairman Cyrus Mistry at the instance of the company’s controlling shareholders, the Tata Trusts, led by Ratan Tata. Close to a decade later,…
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The Small Company Threshold and the Limits of Delegated Legislation
[Moksha Pancholi is a fifth-year BBA LLB student at the Jindal Global Law School, O.P. Jindal Global University, and Dr Piyush Pranjal is an Associate Professor at the O.P. Jindal Global University] The Corporate Laws (Amendment) Bill, 2026, is framed to facilitate ease of doing business by increasing the size that defines a ‘small company’. The 2026 Bill raises the outer ceiling,…
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Domesticating India’s International Climate Law Obligation to Regulate the Conduct of its Private Actors through the Companies Act, 2013
[Hemavathi Shekhar is the Founder and Director, Enact Earth Foundation and Gunjan Soni is an Assistant Professor, School of Law, Mahindra University and Co-Lead, Indian Front, World’s Youth for Climate Justice. This post is part of the IndiaCorpLaw Blog Symposium on ‘Corporate Law and Climate Change: Indian and Comparative Perspectives’.] On 23 July 2025, the International Court of Justice (ICJ) delivered a landmark advisory…
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International Climate Obligations and India’s Public Sector Undertakings
[Arjuna Dibley is an Assistant Professor at the Faculty of Law, National University of Singapore. This post is part of the IndiaCorpLaw Blog Symposium on ‘Corporate Law and Climate Change: Indian and Comparative Perspectives’.] International climate change law is in the midst of a ‘corporate accountability turn’. For years, scholars, policymakers, and advocates concentrated on how treaty law…