Category : Corporate, Business & Finance Law
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...
A Critical Analysis of the Insolvency and Bankruptcy Code (Amendment) Act, 2026
Abstract 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...
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...
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 seeks to...
Cross-Border Insolvency in India: Need for Adoption of the UNCITRAL Model Law
1. IntroductionIn 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 with...
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...
Financial Regulation in India: Balancing Growth and Legal Compliance
1. IntroductionFinancial law plays a crucial role in regulating the economic framework of a country. It governs banking systems, financial markets, taxation, and monetary policies. In a developing economy like India, financial regulations are essential to ensure transparency, prevent fraud, and maintain economic stability.With the rapid expansion of digital payments, fintech companies, and global investments, financial law has evolved...
CASE BRIEFING – QUANTUM MERIUT
Quantum meruit is a Latin phrase meaning “what one has earned”. In the context of contract law, It allows a person to claim reasonable compensation for work done or services provided, even when there is no valid contract or when a contract becomes void, unenforceable, or incomplete, provided the other party has accepted the benefit of that work.This principle...
Changes in Reassessment Proceedings under the Income Tax Act
The Income Tax Act has a reassessment process that helps tax authorities check if any income was missed during the assessment. If the Assessing Officer finds that a taxpayer did not report all their income they can reopen the case.In the past people criticized this authority for being misused. Many taxpayers felt worried because they got a lot of...
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