Tag: Constitution of India
-
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
-
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
-
Dual Tax Dilemma: State of Kerala v Asianet Satellite Communications Ltd
[Surya Gayathri is a 2nd year BA.LLB student at NALSAR University of Law, Hyderabad] On May 22, 2025, a division bench of the Supreme Court comprising Justice B.V. Nagarathna and Justice N. Kotiswar Singh delivered a significant ruling in State of Kerala v. Asianet Satellite Communications Ltd., addressing the constitutionality of dual taxation on broadcasting services. The case arose
-
Modifying Arbitral Awards: Is Balasamy a Cure Worse than the Disease?
[Pallav Mongia is a dual-qualified lawyer, and an empanelled arbitrator, practising before the Supreme Court and Delhi High Court and Prince Todi is an advocate practising before the Supreme Court and Bombay High Court] After a stream of divergent and contrasting judicial precedents on whether Indian courts are jurisdictionally empowered to modify arbitral awards, a five-judge Constitution Bench of
-
Unity in Distress: Intra-Class Distinctions Among Homebuyers in Real Estate Insolvency
[Anushka Aggarwal is a third-year B.A. LL.B. (Hons.) student at the National Law School of India University, Bengaluru] The 2018 amendment to the Insolvency and Bankruptcy Code, 2016 (‘IBC’) marked a significant evolution, granting the status of financial creditors to homebuyers. As real estate insolvency cases continue to burden the courts, the question of whether homebuyers a class, united
