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[Subham Mangla and Dirshi Shah are 4th Year B.A. LL.B (Hons.) and B.B.A LL.B (Hons.) students, respectively, at Gujarat National Law University, Gandhinagar] The order of priority for the distribution of assets during liquidation, colloquially known as the “waterfall mechanism,” is the bedrock of any modern insolvency regime. In India, this critical function is enshrined under section 53 of

[Naman Aggarwal is a 5th year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow] The Insolvency and Bankruptcy Code, 2016 (IBC) has transformed India’s legal regime on addressing corporate distress by prioritising timely revival, value maximisation and fairness to creditors. Since its introduction, the IBC has effected the resolution of stressed assets

[Kartikey Mahajan is a Partner, Bhavya Chengappa a Principal Associate, and Rohan Sanjith a Paralegal, all at Khaitan & Co.] The landscape of U.S. Foreign Corrupt Practices Act (FCPA) enforcement has fundamentally shifted in 2025, as the US Department of Justice (DOJ) implements sweeping policy changes that prioritize American economic interests while refocusing anti-corruption efforts on transnational criminal organizations. These

INTRODUCTIONThe Supreme Court of India in the case of Surendra Khawse v. State of Madhya Pradesh &Anr., {SLP(Crl.) No. 3361 of 2025}, delivered its Judgment on 22nd September 2025. TheBench comprised Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh. Thecase examined the delicate intersection of consensual intimacy, allegations of rape on thepretext of marriage and

INTRODUCTIONThe Supreme Court of India in Shiv Kumar Shaw Anr. v. Rekha Shaw(Diary No. 45777/2024) (arising out of Crl.A. No. 2842/2023), passed its Orderon 26 September 2025. The Bench consisted of Justice Pankaj Mithal andJustice Prasanna B. Varale. The case revolved around the unusual conduct ofa Trial Court Judge who, unable to decide a matter

In a recent judgement passed by the Supreme Court of India titled SEPCO Electric Power Construction Corporation v. GMR Kamalanga Energy Ltd.,  (Citation: 2025 SCC OnLine SC 2088 (or 2025 INSC 1171).) the Supreme Court, hearing an appeal against the Orissa High Court’s Division Bench judgment, upheld the High Court’s decision to set aside the

IntroductionThe Supreme Court of India’s recent decision in Jagdeo Prasad v. State ofBihar (SLP (Crl.) No.17805 of 2024) has reinforced judicial principles governinganticipatory bail applications, particularly in cases involving serious criminal charges.Decided on September 17, 2025, by the Division Bench of Justices Vikram Nath andSandeep Mehta, this Judgment addresses critical issues surrounding the misuse ofanticipatory bail provisions

IntroductionIn a significant Judgment that reinforces the principle of procedural fairness incriminal trials, the Supreme Court of India in Deepak Yadav and Another versusState of Uttar Pradesh and Another [SLP (Crl.) No.6904 of 2025] addressed acritical question regarding the powers of Trial Courts to take cognizance of additionalcharges based on private affidavits.The Allahabad High Court had upheld

[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

[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