Personal Guarantor’s Liability Post Insolvency of the Corporate Debtor: The Jurisprudential Journey
The landscape of corporate insolvency resolution in India underwent a fundamental transformation with the inclusion and operationalization of the provisions related to Personal Guarantors (PGs) under the Insolvency and Bankruptcy Code, 2016 (IBC). The PGs to the corporate debtors (CDs) were included by the Insolvency and Bankruptcy Code (Amendment) Act, 2018 (effective retrospectively from November 23, 2017).3 A notification operationalizing insolvency provisions specifically for PGs to CDs was issued by the Ministry of Corporate Affairs (MCA) on November 15, 20194. The insolvency resolution process rules and bankruptcy process rules for PGs to the CDs were also notified on the same date.
Foreign Universities in India: Navigating the Tax Risk of Permanent Establishments
In line with the objectives of the National Education Policy, 2020, the University Grants Commission (UGC) has introduced a regulatory framework to facilitate the entry of highly ranked foreign universities into India. This initiative aims to internationalize Indian higher education, enable Indian students to access foreign qualifications at an affordable cost, and position India as a preferred global education destination. To this end, the University Grants Commission (Setting up and Operation of Foreign Higher Educational Institutions in India) Regulations, 2023 (FHEI Regulations) permits foreign universities to establish campuses in India, including through joint venture (JV) arrangements with Indian entities.
Effect Analysis in Abuse of Dominance Investigations: To be or not to be?
The Indian competition regime stands at a crossroads, transitioning from a form-based approach to an effects-based paradigm in abuse of dominance (“AoD”) cases. With theSupreme Court of India (“Supreme Court”) effectively introducing a mandatory effects analysis under Section 4 of the Competition Act, 2002 (“Competition Act”) in its recent judgment in the Schott Glass Case 2, the Competition Commission of India (“CCI”) may be caught between a rock and a hard place in treading its path forward.
Judicial Principles on Abetment of Suicide and Workplace Conduct (Preventing workplace conduct from becoming abetment of suicide)
With the world’s largest young workforce, India’s demographic dividend holds unparalleled potential for economic growth until 2055. Yet, this same population is increasingly vulnerable to self-harm—posing emerging legal and reputational risks for employers. Under Indian law, employers may be held criminally liable for “abetment of suicide”—an offense punishable with a fine and imprisonment up to ten years. While the courts have generally exercised caution, some have erred in holding employers liable, resulting in protracted litigation, negative publicity, and unnecessary harassment.
Over time, the Hon’ble Supreme Court has laid down key principles for assessing abetment of suicide. These include the necessity of a deliberate act by the accused, a clear nexus between victim’s suicide and the accused’s conduct, proximity of time, etc.Drawing from these landmark judgments, this article distils these principles and applies them to workplace contexts—exploring whether employer actions such as terminations, transfers, or disciplinary measures could amount to abetment in cases of workplace suicides.
2(b) OR NOT TO 2(b): AN ANALYSIS OF WHETHER DISTRIBUTION COMPANIES ARE AMENABLE TO IBC
This article examines the interplay between the Insolvency and Bankruptcy Code, 2016 (IBC) and the Electricity Act, 2003 in the context of dues owed by Electricity Distribution Companies (DISCOMs) to the Generating and Transmission Companies. With DISCOMs defaulting in payments to Generating and Transmission Companies, an issue arises as to whether these entities can be subjected to insolvency proceedings under the IBC. Section 2(b) of the IBC is critical to the present issue, which excludes entities governed by special statutes from the IBC’s purview. This article explores the legislative framework under which the DISCOMs operate, identifies potential conflicts between the IBC and the Electricity Act, and gives rationale for why the Electricity Act should prevail in such cases due to it being a lex specialis.
VARIABLE CAPITAL COMPANIES: THE NEXT STEP IN EVOLUTION OF FUND MANAGEMENT IN INDIA
What began with a Dutch merchant inviting subscriptions from investors to form a trust in the year 1774, intended to provide diversification opportunities for small investors with limited means 3, has today evolved into a global asset management industry with assets under management (“AUM ”) exceeding USD 145.4 trillion 4. In India, the average AUM of the mutual fund industry alone, stood at ₹ 74,79,156 crore 5, for the month of June 2025.
CASE COMMENT: DISORTHO S.A.S. V. MERIL LIFE SCIENCES PVT. LTD. (2025)
This paper critically analyzes the Supreme Court ‘s ruling in Disortho S.A.S v. Meril Life Sciences Private Limited, a significant judgment that addressed the meaning, significance and determination of the law governing arbitration agreements in international commercial disputes. However, this paper argues that the court’s approach raises several concerns and may have created more questions than it has answered. The judgment appears to have deviated from established principles regarding the determination of the seat of arbitration as articulated in the Shashoua Principle, which has been consistently followed by Indian courts. Furthermore, the Court’s characterization of the law governing the arbitration agreement and the law governing the arbitration as intertwined components of lex arbitri appears to contradict prior jurisprudence. This article also examines the missed opportunity to formally adopt or refine the more comprehensive Enka Test for determining the law governing arbitration agreements. Furthermore, by harmoniously interpreting contractual clauses rather than applying the established Shashoua Principle, the Court may have created inconsistencies in Indian arbitration jurisprudence. This analysis provides insights into the potential implications of the Disortho judgment for international commercial arbitration in India and suggests that further judicial clarification may be necessary to resolve the ambiguities introduced by this decision
THE CHALLENGE OF CONFIDENTIALITY CLUBS AND THE INDIAN COURTS
A Confidentiality Club can be termed as a setup made through an agreement signed between the parties to a litigation that helps in restricting the access of confidential information to a limited set of people for balancing the rights of the parties in the proceeding, while also protecting the said confidential information. This arrangement ensures that sensitive information, which is critical for the parties’ interests, is presented for access to only a limited number of people and not to an open court.