Month: April 2026

MARKETS CONSTRUCTED THROUGH INSOLVENCY: DEFERRED CONTROL, FINALITY, AND THE STRUCTURAL LIMITS OF COMPETITION LAW

Post author By nualslj
Post date April 4, 2026
No Comments on MARKETS CONSTRUCTED THROUGH INSOLVENCY: DEFERRED CONTROL, FINALITY, AND THE STRUCTURAL LIMITS OF COMPETITION LAW

Himanshu Yadav Insolvency Beyond Rescue: Engineering Opacity at the Intersection of Competition and Resolution Law The discourse relating to the interface between the Competition Commission of India (CCI) and the Insolvency and Bankruptcy Code (IBC) has been plagued mainly by procedural impediments, long timelines, sequential clearance requirements and lapses in corporate defence mechanisms. Practitioners look […]

Tags Arbitration, business, Competition, finance, IBC, India, Insolvency, NCLT, Transparency

Jurisprudence Procedural Law

BEYOND SECTION 11: RETHINKING RES JUDICATA AND LITIGATION ABUSE IN INDIAN LAW

Post author By nualslj
Post date April 4, 2026
No Comments on BEYOND SECTION 11: RETHINKING RES JUDICATA AND LITIGATION ABUSE IN INDIAN LAW

Himanshu Yadav Introduction Courts have long relied on the doctrine of res judicata to ensure finality in adjudication and to protect the judicial process from repetitive litigation. Res judicata, however, is not a single rule, but an umbrella concept encompassing various distinct legal principles. An overemphasis on the label risks obscuring the substantive content and […]

Tags abuse of process, Constitution, CPC, fair trial, fundamental rights, Misuse, Res judicata