Categories
Procedural Law

Interlocutory or not? Judicial Inconsistency and the Classification Crisis under Section 438(2) BNSS

Barbara Prem Section 438(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), formerly Section 397(2) of the CrPC, bars the revision of interlocutory orders to prevent trial delays. However, inconsistent judicial application of the ‘intermediate order’ doctrine, established in Madhu Limaye v. State of Maharashtra, has created a classification crisis. By miscategorising crucial mid-trial orders […]

Categories
Privacy Law

WHEN THE STATE FORGETS TO FORGET: TIERED EXEMPTIONS UNDER THE DPDPA

Riyan Paul Mathew Abstract The DPDP Act 2023, envisioned to fill the legal lacunae on digital privacy, falls largely short of its statement of objects and reasons. By carving out three tiered exemptions for governmental activity, covering national security and public order, criminal investigation, and statistical research, and removing meaningful timelines for the erasure or […]

Categories
Insolvency

When Recall Becomes a Door to Delay: Procedural Abuse and Finality in Insolvency Adjudication: Part 2

Shivangi Nawalkha & Shreshtha Saha Ray In Part I, we examined how recall jurisdiction, though conceived as a narrow corrective safeguard, has increasingly been deployed as a strategic instrument of delay in insolvency proceedings. Part II builds on that diagnosis by examining the jurisprudential boundaries of recall and articulating a principled reform framework. Case Studies […]

Categories
Insolvency

When Recall Becomes a Door to Delay: Procedural Abuse and Finality in Insolvency Adjudication: Part 1

Shivangi Nawalkha & Shreshtha Saha Ray Introduction The power of the National Company Law Tribunal’s (“NCLT”) and National Company Law Appellate Tribunal’s (“NCLAT”) power to recall their own orders is a blunt yet indispensable judicial instrument. It operates as a corrective safeguard to prevent the miscarriage of justice, to nullify orders procured by fraud or […]

Categories
Labour

TECH, CLASS, AND THE NEW LABOUR POLITICS IN LIGHT OF KERALA’S RIGHT TO DISCONNECT BILL

Purvi Singla I. Introduction In a world that increasingly boasts of an overwhelming workload and long hours, Kerala has charted a different course to protect its workers. Japan’s newly elected Prime Minister Sanae Takaichi, in her first speech, quoted ‘Reject the term work-life balance, just work’ and asked citizens to work like a horse. This […]

Categories
Policy

Opening the Door to Nuclear Investment: Understanding the SHANTI Act

Vishwas Goud & Sujeeth Madasu Introduction India’s Nuclear Energy Framework is undergoing a historic transformation with the introduction of the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025 (“the Act”). The Act consolidates and amends existing Nuclear Laws, provides statutory authority to the nuclear regulator, and modifies the liability regime to […]

Categories
Arbitration

Emergency Arbitration and State Immunity in India – Evaluating DIAC’s Framework in Sovereign Disputes

Ojas Sharma I. Introduction Delhi International Arbitration Centre (DIAC) has been an outcome of extensive experience within the Indian legal fraternity owing to the constant demand of an Indianized system pertaining to arbitration through Law Commission’s 246th Report. While the project seems ambitious and promising, the system is still at a very nascent stage compared […]

Categories
Securities

Digital Gold: Navigating Regulatory Frameworks and Investors’ Confidence

Saloni Rani I. Introduction Digital Gold allows an investor to purchase and sell gold online without any physical visits. It has gained prominence in a very short period because it does not create any blanket ban on the quantity of gold to be purchased and most importantly, it saves time and efforts of investors. The […]

Categories
Environment

Embedding Environmental Risk Governance into India’s OSH Framework

Arjun Singh and Vikramaditya Singh Introduction The International Court of Justice’s Advisory Opinion on States’ Climate Obligations, issued a few months back, firmly states that states owe a duty to prevent predictable climate harm, as well as to regulate private entities effectively, rendering reliance on non-binding guidelines inadequate to secure constitutional and international commitments. India’s […]

Categories
Arbitration

Arbitrability of Inter-Creditor Disputes: Judicial Interpretation of Section 11

Aryan JHA KEYWORDS: Arbitration, SARFAESI Act, Inter Creditor Disputes Excerpt The arbitrability of disputes arising between financial institutions has been a contested issue under Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002. This article aims at analysing the recent judgement by the apex court in the case of Bank of […]