IMPROPER ARREST BEING A GROUND OF BAIL – KARNATAKA HIGH COURT CLARIFIES
INTRODUCTION The question of whether an improper or irregular arrest automatically entitles an accused to bail has been the subject of considerable judicial scrutiny. This issue has gained renewed significance with the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), particularly Section 483, which governs the grant of bail.
Deadly Descent: Legal Ramifications of the Air India Flight 171 Disaster
A tragic incident recently occurred where an Air India Flight 171, a Boeing 787 Dreamliner, after just taking off from Ahmedabad got crashed within a few minutes. In accordance with the Data from the Airport Authority, the last recorded altitude of the plane was at 625 feet off the ground, just immediately after takeoff. It …
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FIR and ECIR in Financial Crimes: Parallel Investigations with Overlapping Implications
A. Introduction In the year 1834, the first Indian Law Commission was constituted under the Chairmanship of Lord Thomas Babington Macaulay to examine, inter alia, the existing laws in force in India at that time. The Commission’s recommendation led to the eventual enactment of the Indian Penal Code in 1860. The aim was to substantively …
From Priority to Prejudice – The Lenders Dilemma in the RERA Regime
I. Background The real estate sector continues to play a pivotal role in India’s economic development, contributing to an estimate of 13% (thirteen percent) of the India’s GDP in the financial year 2024-25[1]. One of the crucial factors contributing to the growth of the real estate market in India has been the significant reform in …
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Recalibrating India’s Corporate Debt Market: Analyzing RBI’s 2025 Relaxations for Foreign Portfolio Investors
Introduction and Regulatory Context On May 8, 2025, the Reserve Bank of India (RBI) issued a very significant notification in respect of the regulatory framework governing Foreign Portfolio Investor (FPI) investment in India’s corporate debt market. In removing the short-term investment limit, and the concentration limit, for FPIs investing in India via the general route, …
AIRLINE INSOLVENCY IN INDIA: LEGAL GAPS IN LESSORS’ RIGHTS AND PASSENGER DATA PROTECTION
INTRODUCTION The airline industry is unpredictable by nature, and financial instability often ends with declaration of insolvency. As airlines are handled with very thin margins of profit, even minor disturbances like a rise in fuel prices, changes in governing regulations or failures in supply changes can cause financial distress.[1] Go First Airlines has recently gone …
THE NATURE OF PROCEDURAL TIMELINES IN ARBITRATION: A STUDY OF SECTION 23(4) OF THE INDIAN ARBITRATION AND CONCILIATION ACT, 1996
Introduction With the changing nature of the world, arbitration has emerged as a preferred mode of dispute resolution because it emphasises expediency, party autonomy, and finality. When facing disputes, many businesses choose arbitration instead of courts, because it’s typically faster, this is an essential aspect when it comes to time-sensitive business matters.
FINTECH IN INDIA: AN OVERVIEW OF THE CURRENT REGULATORY LANDSCAPE
I. Introduction The financial technology (better known as ‘fintech’) landscape in India has been on an impressive growth trajectory over the past decade, spurred by a confluence of factors such as government initiatives championing digital payments, the rapid expansion and access to technology (including smartphone usage), and a surge in investment from both domestic and …
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Supreme Court Upholds Validity of Service Bond Clause in Employment Contract
In Vijaya Bank and Another vs Prashant B Narnaware[1] a division bench of the Hon’ble Supreme Court of India has upheld the validity of a clause in an appointment letter requiring an employee to pay Rupees Two Lakh (INR 2,00,000/-) as liquidated damages if he resigned before completing three (3) years of service.
Supreme Court directs status quo to be maintained in the liquidation of Bhushan Power and Steel Ltd.
Introduction In Kalyani Transco v. M/s Bhushan Power and Steel Ltd. (2025 INSC 621), the Supreme Court (the “SC”) set aside the approved resolution plan (the “Resolution Plan”) and directed liquidation of Bhushan Power and Steel Ltd. (“BPSL”) negating the judgments of the National Company Law Tribunal (the “NCLT”) and the National Company Appellate Law …