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COMBATING ILLEGAL PHOENIXING: INDIAN LAWS AND REFORMS

Introduction – Rising Phoenix Companies in India When a new company emerges from the ashes of a failed predecessor with the same controllers and operations, this activity is called the phoenixing of companies. The same directors and shareholders who were involved in the failed version of the company participate in the phoenix process, and they […]

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Beyond the Form: Collective Awareness and the New Frontiers of Director Disclosure under Section 184 – Part II

The NCLT Mumbai Bench’s Ruling in Diven Dembla v. Precision Rubber Industries (2025) Reasoning and Doctrinal Soundness The Tribunal based its conclusion on a chain of authorities, citing: A. Sivasailam, Suryakant Gupta and Ravi Raj Gupta as aligning with the principle that Section 299 (and by parallel Section 184) is not infringed if “other members of the

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Beyond the Form: Collective Awareness and the New Frontiers of Director Disclosure under Section 184 – Part I

Introduction A statutory duty on company directors to disclose personal interests to their board is imposed via Section 184 of the Companies Act, 2013. A disclosure rule that has its lineage in Section 299 of the erstwhile Companies Act, 1956. This article traces the origins and evolution of that disclosure duty from the 1956 Act

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BETWEEN FREEDOM AND CONTROL: SEBI’S REFORMS FOR ASSET MANAGEMENT COMPANIES

INTRODUCTION The asset management industry is undergoing a regulatory rethink, which aligns with the SEBI’s broader aim of ease of doing business. The recent SEBI consultation paper dated 7 July 2025, on review of permissible business activities of the asset management companies (AMCs) provides a liberalised view by broadening the ambit of permissible business activities

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The UAPA’s Kafkaesque Framework: ‘Special’ Law’s Mockery of Procedure

“Each person possesses an inviolability founded on justice that even the welfare of society as a whole cannot override.” John Rawls, A Theory of Justice. Introduction The recent attack at Pahalgam and the counter-response has brought the discourse around counter-terror to the forefront. Counter-terror response has two phases: apprehension or neutralisation, followed by the second,

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Collapse of the Bail Gate: How the Delhi High Court Misapplied Section 43D UAPA and Conflated Protest with Conspiracy in Sharjeel Imam v. State of NCT of Delhi

Introduction The legal stakes of bail-stage review under special statutes are both simple and profound. Bail is the portal through which liberty can be preserved in pending adjudication special statutes understandably designed to confront the most serious threats to state security narrow that portal. The narrower it is made to be by statute and judicial

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CRIMINALIZING COERCIVE CONTROL: THE MISSING PIECE IN INDIA’S CONSTITUTIONAL PROMISE TO WOMEN

Introduction In India today, women are often punished for exercising the very freedoms the Constitution promises them. From choosing to live independently, earning their own income, expressing themselves on digital platforms, or rejecting forced relationships, women who assert autonomy frequently face threats, harassment, social isolation, or even death. These acts of violence are often framed

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The Right to ‘Know’ v. The Right to say ‘No’: Who Wins This Privacy Face-off?

Introduction The Right to Information (“RTI”) Act, 2005, born out of grassroots struggles, remains a cornerstone of transparency and accountability in India. It gave citizens a powerful statutory tool to hold public authorities answerable. The Digital Personal Data Protection Act, 2023, however, threatens to weaken this achievement by broadening privacy-based exemptions that can obstruct legitimate

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Daivshala v. Oriental Insurance Company – Another Feather in the Cap of Theory of Notional Extension

Introduction The theory of notional extension occupies a central position in labour law. Recently, in the noteworthy judgment of Daivshala & Ors v. Oriental Insurance Company & Anr., 2025 INSC 904 (“Daivshala”), the Supreme Court has expanded the contours of this theory and observed that the phrase, “accident arising out of and in course of

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Liability in the Age of AI: Examining Legal Accountability for AI-Induced Harm

By far, the greatest danger of Artificial Intelligence is that people conclude too early that they understand it. – Bernard Marr Introduction In a recent occurrence, the Global Positioning System (GPS), an artificial intelligence (AI) tool used for conveniently navigating directions, led to the death of three people when their car plunged into the Ramganga River

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