Tag: Company Law
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Climate Change Litigation Against Corporations in the Australian Context – Social, Political, and Economic Factors
[Akshaya Kamalnath is Associate Professor at ANU Law and Kate Ogg is Professor at ANU Law and an Australian Research Council Fellow. This post is part of the IndiaCorpLaw Blog Symposium on ‘Corporate Law and Climate Change: Indian and Comparative Perspectives’.] Climate change has become an important topic in corporate law with the discussion ranging from sustainability (the S…
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Corporate Climate Litigation in India: Traversing the Private-Public Law Divide
[Umakanth Varottil is Professor of Corporate Law at the National University of Singapore. This post is a part of the IndiaCorpLaw Blog Symposium on ‘Corporate Law and Climate Change: Indian and Comparative Perspectives’.] At a global level, litigation has emerged at the forefront in combating the adverse effects of climate change. In one type, claimants assert “horizontal”…
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IndiaCorpLaw Blog Symposium on ‘Corporate Law and Climate Change: Indian and Comparative Perspectives’
[Param Pandya is the Quadrature Climate Foundation Fellow in Climate Change and Corporate Law at the Asia-Pacific Centre for Environmental Law, Faculty of Law, National University of Singapore] Climate change is no longer a peripheral concern for corporate law — it sits at the centre of how companies are governed, financed, and held accountable. In India,…
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Sounding the Warning Bell: Reverse Piercing in Execution After Alpha Corp
[Tanishq Desai is a third-year B.A., LL.B. (Hons.) student at National Law University Delhi] In a recent two–part piece on this forum, Prof. Varottil argued for a more principled approach to judicial veil piercing in insolvency, in the wake of the Supreme Court’s decision in Alpha Corp Development. This post examines a related but distinct question: what happens to the same…
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A Purposive Approach to Membership in Oppression and Mismanagement Cases
[Ankur Singhal is an advocate practising before the Supreme Court of India] On 4 May 2026, the Supreme Court delivered its judgment in Dr. Bais Surgical and Medical Institute Pvt. Ltd. v. Dhananjay Pande (2026 INSC 447). The Court held that the expression “member” in the context of oppression and mismanagement cases should be construed with respect to…
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Judicial Veil Piercing in Insolvency Proceedings: More Questions Than Answers – Part 2
[Umakanth Varottil is a Professor of Corporate Law at the National University of Singapore. Thanks to Raghav Bhatia for alerting the author to the Supreme Court ruling that forms the basis for this post. This is continued from Part 1] The circumstances of the case and the ruling of the Supreme Court in Alpha Corp Development Private Limited…
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Judicial Veil Piercing in Insolvency Proceedings: More Questions Than Answers – Part 1
[Umakanth Varottil is a Professor of Corporate Law at the National University of Singapore. Thanks to Raghav Bhatia for alerting the author to the Supreme Court ruling that forms the basis for this post] Corporate groups, evidenced through a network of holding companies and subsidiaries, are commonplace in Indian business. Such a set up invokes significant…
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Unlocking Section 245: A New Chapter in Shareholder Class Actions
[Parth Birla and Runit Rathore are 5th year and 4th year BA.LL.B. students, respectively, at Hidayatullah National Law University, Raipur] Recently, the National Company Law Appellate Tribunal (“NCLAT”) in a much-anticipated appeal by the Jindal Poly Films Ltd (“JPF”) upheld the National Company Law Tribunal’s (“NCLT”) verdict admitting the class action suit by shareholders under section 245 of the Companies Act, 2013 (“the Act”). It marks a significant development…
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Artificial Intelligence in the Indian Corporate Boardroom: Preserving Fiduciary Accountability in an Algorithmic Age
[Mustafa Rajkotwala works on AI, Strategy and Legal Engineering at NYAI. He is a commercial and technology lawyer based in Mumbai, India.] Artificial Intelligence (AI) is no longer confined to operational functions. It is increasingly deployed in Indian corporate boardrooms to assess risk, monitor compliance, process financial data, and shape strategic decision-making, enabling companies to synthesise information…
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Illegality and the Limits of Shareholder Ratification
[Umakanth Varottil is a Professor of Corporate Law at the National University of Singapore] The legal structure of a company carries inherent checks and balances. This is because certain corporate actors, usually the board of directors, make decisions that have an impact on company (which is a separate legal personality) and its other constituencies such as…