[Barsha Dikshit is a Partner and Sourish Kundu a Senior Executive at Vinod Kothari & Co.] The meaning of “undertaking” has been one of the most debated issues under Indian company law and tax law, particularly when it comes to the questions of whether shares or investments can be treated as an “undertaking”. While the term intuitively refers
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SEBI’s Shift in Closing Price Mechanism: Rationale and Reality
[Ayush Raj and Tanay Hindocha are 4th year students of the B.A. LL.B. and BBA LL.B. (Hons.) programmes, respectively, at Gujarat National Law University.] In August 2025, SEBI floated a consultation paper proposing a major change in India’s closing‐price mechanism: replacing the day’s half‐hour volume‐weighted average price (VWAP) with a discrete closing auction session (CAS). SEBI argues in the paper
... Continue Reading.DELHI HIGH COURT UPHOLDS RIGHT OF SENIOR CITIZENS TO REVOKE GIFT DEEDS ON GROUNDS OF NEGLECT AND BROKEN TRUST
The case of Smt. Varinder Kaur vs. Smt. Daljit Kaur & Ors. (LPA 587/2025) was recently adjudicated by the High Court of Delhi, with judgment delivered on 26th September 2025 by Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela. The division bench, in its ruling, dismissed the intra-court Appeal, upholding the cancellation of
... Continue Reading.The Uneasy Coexistence of PMLA and IBC: Mapping Judicial Interplay
[Harsh Bansal is a final year B.A., LL.B. (Hons.) student at Rajiv Gandhi National University of Law] The overlap between the Prevention of Money Laundering Act, 2002 (PMLA) and the Insolvency and Bankruptcy Code, 2016 (IBC) has repeatedly troubled Indian courts and academics alike. Both statutes contain sweeping non-obstante clauses: section 71 in PMLA and section 238 in
... Continue Reading.Decoding ECB Restrictions Through the Core Business Lens
[Sanya Purohit and Kushal Agarwal are 4th year students at Hidayatullah National Law University, Raipur in the B.A., LL.B. (Hons.) course] Six years after the Reserve Bank of India (‘RBI’) overhauled its Master Direction on External Commercial Borrowings, Trade Credits, and Structured Obligations (‘ECB Directions’) in 2019, the scope and application of end-use restrictions remain ambiguous, with no formal definitions provided. Although
... Continue Reading.SUPREME COURT DEFINES RIGHTS OF PUBLIC AUTHORITIES, BANKS AND AUCTION PURCHASERS IN E-AUCTIONS
In an important decision delivered on September 25, 2025, the Supreme Court of India, presided by Justices Sanjay Kumar and Alok Aradhe, addressed critical questions on the legality and procedural integrity of e-auction sales of leasehold properties. The Apex court, in Delhi Development Authority v. Corporation Bank & Ors. [Civil Appeal No. 11269 of 2016],
... Continue Reading.SHELTER, DIGNITY, AND LAW: REAFFIRMING THE RIGHTS OF PARENTS AGAINST ERRANT CHILDREN
INTRODUCTION The Supreme Court of India, in Kamlakant Mishra v. Additional Collector & Ors. (Diary No. 42786 of 2025), delivered on 12 September 2025 by a Division Bench comprising Justice Vikram Nath and Justice Sandeep Mehta, examined the scope of the Maintenance Tribunal’s powers under the Maintenance and Welfare of Parents and Senior Citizens Act,
... Continue Reading.FROM GENSETS TO POWER PACKS: REDEFINING MANUFACTURE UNDER EXCISE LAW
Introduction to the Topic: The Supreme Court of India, in the case of M/S Quippo Energy Ltd. vs Commissioner of Central Excise Ahmedabad – II, Civil Appeal Nos. 9418-9420 of 2016, Coram – Justice J. B. Pardiwala and Justice K.V. Viswanathan has held a landmark judgment. In Indian excise law, a critical question arises as to
... Continue Reading.SUPREME COURT REITERATES LIMITS OF CHEATING AND CRIMINAL BREACH OF TRUST
In a decisive judgment dated September 24, 2025, the Supreme Court of India, through Justices B.V. Nagarathna and R. Mahadevan, addressed fundamental legal questions regarding the criminalization of contractual disputes and the misuse of criminal justice machinery. The Hon’ble Apex Court, in Arshad Neyaz Khan v. State of Jharkhand & Another, [Criminal Appeal Arising out
... Continue Reading.ENDING THE CULTURE OF ADJOURNMENTS: SUPREME COURT ON SPEEDY TRIALS
In CBI v. Mir Usman @ Ara @ Mir Usman Ali (SLP (Crl.) No. 969 of 2025, decided on 22 September 2025), a Bench of the Supreme Court comprising Justice J.B. Pardiwala and Justice K.V. Viswanathan addressed systemic delays in criminal trials, particularly in sensitive cases involving sexual offences. The Court was deeply concerned with
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