Category : Corporate, Business & Finance Law
I bought an expensive imported machine for business use, but it stopped working and the company refuses replacement — can I sue for business loss too?
In an era of globalised trade and rapid technological integration, Indian businesses increasingly rely on sophisticated imported machinery — from precision manufacturing equipment to high-end medical devices — to sustain and grow their operations. The procurement of such machinery represents not merely a commercial transaction but a strategic investment, often involving lakhs or crores of rupees, extended procurement cycles,...
Assets and Properties sealed after an income Tax raid?- Here’s what the Law says?
As per Section-132 of Income Tax Act, 1961, an Income Tax raid is referred to as a “search and seize operation”. Raids take place when there is suspicion regarding books of accounts or any valuable documents regarding the tax proceedings and suspicion occurs when a person doesn’t respond to the notices of the Income Tax Department.What is an Income...
The Vanishing Director: Managing Co-Founder Fraud, Asset Dissipation, and Emergency Corporate Remedies under Indian Law.
TechNova Digital Solutions Private Limited (“TechNova”) is a high-growth fintech startup incorporated in January 2024 under the provisions of the Indian Companies Act, 2013. Headquartered in the technology hub of Bengaluru, Karnataka, the company specialized in developing decentralized payment gateways. The company was founded by two equal shareholders, Rohan Sharma and Vinay Gupta, each holding 50% of the equity...
Reforming Corporate Insolvency in India: A Critical Analysis of the Insolvency and Bankruptcy Code (Amendment) Act, 2026
The Insolvency and Bankruptcy Code, 2016 transformed and revolutionized India’s approach to corporate insolvency by introducing a unified and time- bound resolution framework. Although, after its implementation it achieved initial success, but, over time, the Code has faced persistent challenges, including delays in resolution, judicial backlog, declining recovery rates, and concerns regarding value erosion. The Insolvency and Bankruptcy Code...
The Rise of ESG Governance in India: From Voluntary Compliance to Directors’ Duties
Introduction Corporate governance has always focused on the shareholders’ value maximization, profit generation, and regulatory compliance. However, in the present circumstances, environmental, social and governance (ESG) principles have emerged as a revolutionary framework that receives corporate accountabilities refers to a set of standards measuring a company’s conduct in relation to its environmental sustainability, social responsibility and ethical governance. Although...
Central Bank Digital Currency (CBDC): Transforming India’s Monetary System through Financial Innovation and Legal Compliance
A CBDC is a transformational addition to a country’s monetary and financial system. As the RBI goes about experimenting with and implementing the digital rupee, India has reached an important juncture between financial innovation and regulatory adaptation. CBDC aims to combine the efficiency of digital payments with the trust and stability offered by a sovereign-backed currency. This paper examines...
Crony Capitalism – Business-Government Nexus for Mutual Benefit
Crony capitalism is a perversion of the free-market economy, in which the creation of wealth through competitive innovation is replaced by abuse of political influence. This essay looks at the institutionalised nexus between state and privately owned companies, which is a system of legal permits and government grants, and tax concessions to insiders. The assignment evaluates the impact of...
A Critical Analysis of the Insolvency and Bankruptcy Code (Amendment) Act, 2026
The Insolvency and Bankruptcy Code, 2016 transformed and revolutionized India’s approach to corporate insolvency by introducing a unified and time- bound resolution framework. Although, after its implementation it achieved initial success, but, over time, the Code has faced persistent challenges, including delays in resolution, judicial backlog, declining recovery rates, and concerns regarding value erosion. The Insolvency and Bankruptcy Code (Amendment) Act, 2026...
Cross-Border Insolvency in India: Need for Adoption of the UNCITRAL Model Law
1. Introduction In an increasingly globalized economy, corporate entities operate across multiple jurisdictions, making insolvency proceedings complex when assets and creditors are spread internationally. India’s insolvency framework under the Insolvency and Bankruptcy Code, 2016 (IBC) has significantly improved domestic resolution processes; however, it remains inadequate in addressing cross-border insolvency issues. The absence of a comprehensive legal mechanism for dealing...
Decriminalization of Corporate Offences: A Shift from Deterrence to Compliance in Indian Corporate Law
1. Introduction Corporate law plays a crucial role in regulating the conduct of companies, safeguarding investor interests, and maintaining the integrity of financial markets. Traditionally, enforcement mechanisms within corporate law relied significantly on criminal sanctions to ensure compliance. Violations, even of a procedural nature, often attracted prosecution and the threat of imprisonment. However, in recent years, India has witnessed...
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