When you are not the Judgement Debtor- Safeguarding against illegal eviction under the law
INTRODUCTION Order XXI Rule 97 of the Code of Civil Procedure (“CPC”) deals with situations wherein a decree-holder, when taking possession of immovable property after a decree has been passed in their favour, is obstructed or resisted from doing so by a third party.
CAN INVESTIGATING AGENCIES COMPEL DISCLOSURE OF PRIVILEGED COMMUNICATION BETWEEN ATTORNEY AND CLIENT? A LEGAL ANALYSIS
I. Introduction The Attorney–client privilege (“ACP”) is a legal doctrine with origins in the 16th century English common law that, broadly speaking, protects all confidential communication made between an advocate and their client(s) to secure legal advice.[1] It is based on the fact that a client can have effective representation only when they are able …
Attorney–Client Privilege and the Limits of State Power: A Study of the Supreme Court’s Judgment in In Re: Summoning of Advocates.
A. Introduction In a landmark decision, the Supreme Court has sent a strong message that “the power to summon is not the power to interfere with the privileged communications between a lawyer and client, as long as the Constitutional Courts sit, in this Country[1].” The court was confronted with the rising tide of investigative adventurism, …
RBI’s Seventh Amendment to FEMA Regulations on Foreign Currency Accounts: Strengthening IFSC Integration and Export Flexibility
INTRODUCTION The Reserve Bank of India (“RBI”) has notified the Foreign Exchange Management (Foreign Currency Accounts by a Person Resident in India) (Seventh Amendment) Regulations, 2025, which came into effect on 6th October 2025. The said amendment, issued by the RBI in exercise of the powers conferred upon it under Foreign Exchange Management Act, 1999 …
Understanding the 2025 Amendment to India’s Intermediaries Rules
By Mr. Rishi Anand (Partner) and Mr. Dhruv Bhatnagar (Principal Associate) Introduction On October 22, 2025, the Ministry of Electronics and Information Technology (“MeitY”) notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025 (“2025 Amendment”), amending Rule 3(1)(d) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, …
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Indian Subsidiaries in the Transaction Perimeter: Key Issues in Cross-Border M&A
Authored By: Moksha Bhat (Partner) and Shreya Bhukhmaria (Associate) Introduction As one of the world’s fastest-growing major economies, India is increasingly becoming an important jurisdictional touchpoint for cross-border M&A deals. The focus of this note is on instances where there is an indirect acquisition of an Indian subsidiary on account of a transaction that …
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Uncovering Virtual Digital Assets: Tracing Cryptoassets under Insolvency Proceedings
Abstract Cryptocurrencies and digital assets are now embedded within the corporate balance sheets, investment portfolios, and individual wealth. Their pseudonymous decentralized, and borderless characteristics pose unique difficulties for insolvency practitioners tasked with asset tracing and recovery.
REVISITING SECURED CREDITORS’ ENFORCEMENT RIGHTS UNDER THE IBC: ANALYSING THE SUPREME COURT’S DECISION IN THE NSEL CASE
I. Introduction The objective behind introducing the Insolvency and Bankruptcy Code, 2016 (“IBC”) was to maximising value and protecting the rights of creditors. It aims to balance the interests of all stakeholders while enabling distressed firms to either restructure or exit efficiently. However, a recurring issue which lurks behind is the legal standing of secured …
CONSTITUTIONALISING ARBITRAL FAIRNESS: CORE II AND THE EXCLUSION OF UNCONSCIONABILITY
I. Introduction The question of whether a party to an arbitration agreement may unilaterally appoint an arbitrator has long been contested in Indian jurisprudence. The issue, though seemingly technical, strikes at the heart of arbitral fairness and the principle of party equality. Indian courts, over the last two decades, have oscillated between allowing limited …
DECARBONISING DISPUTES: RETHINKING INTERNATIONAL ARBITRATION MECHANISMS FOR A FRAGMENTED CARBON CREDIT MARKET
I. Introduction Over the past few years, carbon credits have become a thriving global trade system valued in billions. In particular, the voluntary market (“VCM”), has attracted growing interest from private actors looking to offset emissions, and from project developers in the Global South seeking finance for sustainable initiatives. Simultaneously, an increasing number of disputes …