Categories
Competition Law

ASSESSING THE GREEN CHANNEL ROUTE UNDER COMPETITION ACT, 2002

Akanksha Vishwakarma I. Abstract Mergers and acquisitions remain a strong pillar for any economy. The concept of merger control grew in world economy due to the adverse effect that hostile mergers can have on the market competition. In India, the merger control regime is undertaken under Competition Act, 2002 and its allied rules and regulation. […]

Categories
Labour Policy

THE INVISIBLE ALGORITHM: POLICY GAPS IN INDIA’S 2025 LABOUR CODES AND THE URGENT NEED TO REGULATE AI-DRIVEN WORKPLACE MANAGEMENT

Tanishq Tiwari and Abdul Lateef Khan I. Introduction The advent of Artificial Intelligence (AI) and its resultant automation in labour regulation have resulted in a paradigm shift in manual procedures such as hiring, workplace management and task allocation, particularly in sectors such as manufacturing, logistics and gig economy. This automation has bolstered productivity, efficiency and […]

Categories
Investment Law

Rewriting the Rules: SEBI Mutual Funds Regulations 2026 and the New Era of Investing

Mahak Yadav and Nikhil Ranjan Introduction In its quest for modernising the mutual fund market, the Board of the Securities Exchange Board of India (“SEBI”) has notified the SEBI (Mutual Funds) Regulations, 2026, which replaces the existing SEBI (Mutual Funds) Regulations, 1996, which has been the guiding force for the mutual fund market in the […]

Categories
Taxation

SHARP BUSINESS SYSTEM RULING: BUSINESS EXPEDIENCY AND JURISPRUDENTIAL CONSISTENCY

Pushpendra and Moazzam Hussain INTRODUCTION The distinction between capital and revenue expenditure is among the most enduring fault lines in Indian income-tax jurisprudence. This uncertainty becomes particularly acute in the context of non-compete fee which is a standard feature of corporate transactions. Non-compete covenants are commercially pivotal as they preserve deal value by preventing the […]

Categories
Competition Law Insolvency

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 […]

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
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
Competition Law Insolvency

BEFORE THE WHISTLE: CRITICAL ANALYSIS ON INDIA’S GUN JUMPING SHIFT

Mahadev Krishnan and Nitin Pradhan Introduction In sports, a false start occurs when a runner jumps the gun (i.e., starts before the whistle) and is penalized accordingly. This principle is easy to understand: nobody should gain an unfair advantage by jumping the gun. The same logic applies in the realm of competition law. Gun jumping […]