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FCRA vs. FEMA: Key Differences and Legal Implications
Introduction The regulatory framework governing foreign inflows into India comprises two distinct legal regimes – the Foreign Contribution (Regulation) Act, 2010 (FCRA) and the F
Treatment of Share Premium in FDI Transactions
Introduction The foreign direct investment (FDI) landscape in India has undergone significant transformation over the past few decades, evolving from a restrictive regime to a prog
Specific Performance in Business Agreements: Trends Post-2018 Amendment
Introduction The Specific Relief (Amendment) Act, 2018, which came into effect on October 1, 2018, marked a paradigm shift in the Indian contractual enforcement landscape. For de
Frustration of Contract in Commercial Leases Post-COVID: India’s Legal Position
Introduction The COVID-19 pandemic and subsequent government-imposed lockdowns triggered unprecedented disruptions to commercial activities worldwide, creating significant challeng
Interplay Between Arbitration and Summary Suits: Can They Coexist?
Introduction The Indian legal landscape offers two distinct expedited mechanisms for commercial dispute resolution: arbitration under the Arbitration and Conciliation Act, 1996, an
Personal Guarantor Liability Post-Insolvency: Supreme Court’s Expansive Interpretation
Introduction The insolvency regime for personal guarantors to corporate debtors represents one of the most contentious and rapidly evolving areas of India’s insolvency jurisp
Pre-Pack Insolvency for MSMEs: Legal Loopholes in Speedy Resolution
Introduction to the Pre-Pack Insolvency for MSMEs The introduction of the pre-packaged insolvency resolution process (PIRP) for Micro, Small, and Medium Enterprises (MSMEs) through
Electronic Contracts Under the Evidence Law: Admissibility Revisited
Introduction The digital revolution has fundamentally transformed contractual practices, with electronic contracts now permeating virtually every sector of commercial activi
Group Insolvency in India: Legal Necessity or Legislative Overreach?
Introduction The insolvency of corporate groups—constellations of legally distinct entities functioning as integrated economic units—presents distinctive challenges that test t
Non-Compete Clauses in Shareholder Agreements: Evolving Jurisprudence on Validity
Introduction Non-compete clauses in shareholder agreements represent one of the most contested areas in Indian corporate law, sitting at the intersection of contract law, corporate
