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Shareholders’ Agreements vis-à-vis Articles of Association: Legal Validity and Judicial Interpretation
Introduction The governance framework of Indian companies operates at the intersection of statutory regulation and private ordering. While the Companies Act provides the statutory
Judicial Review of Advance Rulings under GST: Scope and Limitations
Introduction The introduction of the Goods and Services Tax (GST) in July 2017 marked a watershed moment in India’s indirect tax regime, consolidating multiple taxes into a u
Round-Tripping under FEMA: Judicial Approach and RBI Trends
Introduction Round-tripping refers to the practice where funds originating from India are routed through various offshore entities and subsequently reinvested back into India, ofte
Pre-Enactment Judicial Review in India: Examining the Supreme Court’s Unprecedented Review of the Arbitration Bill 2024
I. Introduction On May 3, 2025, the Supreme Court of India entered uncharted constitutional territory by conducting a review of The Arbitration Bill 2024 while it remained pending
Governor’s Powers under Article 200: Supreme Court Reinforces Constitutional Boundaries
Authored by: Aaditya Bhatt, Advocate Bhatt & Joshi Associates Introduction: A Constitutional Reckoning The relationship between the Union and the States, particularly the role
Quashed FIR and Public Employment: Why It Cannot Be a Ground for Denial of Employment and the Role of Supernumerary Posts
An Analysis of Judicial Precedents Upholding the Right to Public Employment and Remedial Measures When Candidates Face Discrimination Due to Criminal Allegations By Adv. Aaditya Bh
Role of Mens Rea in PFUTP Violations: Guilty Mind or Harmful Act?
An In-Depth Look at the Requirement of Intent (Mens Rea) in Indian Securities Fraud Cases under PFUTP Regulations and the Conflicting Judicial Landscape Author: Aaditya Bhatt Advoc
Second FIRs for Different Offences Under Different Acts: The Applicability of T.T. Antony Judgment:
Introduction The T.T. Antony v. State of Kerala judgment established the fundamental principle that a second FIR regarding the same incident is generally impermissible. However, ju
Supreme Court Clarifies: Section 47 CPC Applications on Property Rights to be Treated as Order 21 Rule 97 Applications
Introduction The Supreme Court’s landmark judgment in Periyammal v. Rajamani establishes that Section 47 CPC applications raising objections to decree execution on property r
Retrospective and Retroactive Legislation: Historical Foundations, Constitutional Challenges, and Judicial Trends
I. Historical Foundations of Retrospective and Retroactive Law making 1.1 Origins in Roman Law and Early Common Law The conceptual distinction between retrospective and retroactive
