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SHIFT IN TREATMENT OF PERSONAL GUARANTOR ASSETS UNDER IBC (AMENDMENT) 2025
The post, the Winning Entry of the 6th RFMLR Freshers' Article Writing Competition, 2025 , is authored by Nirav Maini , first-year student of B.A. LL.B (Hons.) at the Rajiv Gandhi National University of Law , Punjab . INTRODUCTION The Insolvency and Bankruptcy Code (Amendment) Bill, 2025 (“ The Bill ”) introduces a drastic change, a new Section 28A that allows secured creditors to fold a corporate debtor’s guarantor assets into the debtor’s insolvency estate. Traditionally,
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FROM FRESH START TO FREE PASS? A CRITICAL APPRAISAL OF SECTION 32A IBC AND ITS IMPLICATIONS FOR CORPORATE ACCOUNTABILITY
This post is authored by Akshit Dwivedi, a 2nd-year B.A. LL.B. (Hons.) student at Hidayatuallah National Law University, Raipur INTRODUCTION IBC’s law is based on the two primary objectives of making the maximum value available to creditors and, at the same time, encouraging the revival of the companies that are in distress. In light of this, the introduction of Section 32A in 2019 represented a major shift: a corporate debtor is entitled to statutory immunity from of
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SECTION 28(3) AND THE LAW OF PLEADINGS: FINDING THE EQUILIBRIUM IN ARBITRAL ADJUDICATION
This post is authored by Yajur Sood, independent legal practitioner, practicing before the Punjab and Haryana High Court. INTRODUCTION Arbitration, as a dispute resolution mechanism, is anchored in the principles of party autonomy as well as procedural fairness . In an arbitration, the parties set out the dispute before the arbitrator through their pleadings and by adducing evidence. The arbitrator, like in any other civil proceeding, adjudicates applying the standard of pro
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REGULATORY ARBITRAGE THROUGH ALTERNATIVE INVESTMENT FUNDS: REASSESSING INDIA’S INVESTMENT REGIME
This post is authored by Ashar Nezami and Yash Agarwal, 2nd-year B.A. LL.B. (Hons.) students at Dr. Ram Manohar Lohiya National Law University, Lucknow INTRODUCTION Alternative Investment Funds (‘ AIFs ’) refer to a privately pooled investment vehicle that raises funds from domestic or foreign investors for the purposes of investing the funds for the benefit of domestic investors. The recent surge in Indian investments through AIFs highlights a shift in macroeconomic trends,
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M&A IN THE CRYPTO SPACE: LEGAL DUE DILIGENCE AND COMPLIANCE IN INDIA
This post is authored by Zuber Syed, Managing Partner at Zuber & Partners (Hyderabad), with expertise in M&A, corporate law, fintech, cryptocurrency regulation, and cyber law. INTRODUCTION The global rise of cryptocurrencies has redefined financial markets, bringing with it new forms of capital, innovative fundraising methods, and decentralized business models. In India, this trend coincided with the rapid growth of fintech and digital commerce. Start-ups offering blockchain-
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GST’S SUGAR DILEMMA: WHY ARE SOFT DRINKS 'SINFUL' BUT SWEETS ESSENTIAL?
This post is authored by Saksham Sharma, a 4th-year student at Gujarat National Law University INTRODUCTION From the 22nd of September, 2025, India's GST regime brings one large change: all sweetened soft drinks (sweetened, carbonated, caffeinated, tasty non-alcoholic drinks, etc.) will receive a 40% tax, placing them in the same tax bracket as tobacco and cigarettes. At the heart of the outrage is the reality that a lot of sweets, bakery items, cakes, and other solid foods h
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THE SUPREME COURT AND THE IBC: PRAGMATISM IN THE BHUSHAN POWER INSOLVENCY
This post is authored by Mahak Yadav and Nikhil Ranjan, 3rd-year students at National Law Institute University, Bhopal INTRODUCTION The Supreme Court’s decision in Kalyani Transco v. Bhushan Power and Steel Ltd. & Ors. (JSW BPSL) is a significant turning point in Indian insolvency law. It addresses the primary conflict between commercial pragmatism and procedural rigidity under the Insolvency and Bankruptcy Code, 2016 (IBC). This case emanated from the protracted insolvency
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VOLUNTARY SURRENDER AS AN EXCEPTION TO MORATORIUM: ADDRESSING THE LEGISLATIVE GAP ON DISCLAIMER OF ONEROUS ASSETS IN INDIAN INSOLVENCY LAW
This post is authored by Vibha Patel, 3rd Year, B.Com LL.B. (Hons.) student at Tamil Nadu National Law University, Tiruchirappalli and Nitin Raj, 4th Year, B.B.A. LL.B. (Hons.) student at Symbiosis Law School, Pune INTRODUCTION The Insolvency and Bankruptcy Code 2016 (“IBC”) changes how insolvency is handled in India by focusing on revival of businesses instead of just closing them. It aims to protect companies while also making sure creditors get paid . Section 14 , which c
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FROM MARKET FORECLOSURE TO PRIVACY EROSION: LINKEDIN, ABUSE OF DOMINANCE, AND THE INTERPLAY OF COMPETITION LAW AND DPDP
This post is authored by Nidhi Kamath, a 4th-year student at Institute of Law, Nirma University SETTING THE CONTEXT: LINKEDIN, MARKET POWER, AND DATA GOVERNANCE LinkedIn, a subsidiary of Microsoft, has solidified its position as the foremost professional networking platform globally, boasting over one billion users by late 2024 . It holds a uniquely powerful role in online recruitment, professional identity management, and career-focused data services. The platform's extensiv
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