Loan Evergreening Via AIFS: RBI's Regulatory Clampdown And Its Significance

The Indian financial sector, which is closely monitored by the Reserve Bank of India (RBI), has been grappling with the issue of non-performing assets (NPAs), which pose a risk to the stability and transparency of regulated entities (REs), such as banks and non-banking financial companies (NBFCs). A controversial practice engaged in by some REs to hide NPAs is referred to as loan evergreening, particularly via alternate investment funds (AIFs). This paper addresses the issue of loan...

The Legal Paradox: Transgender Identity Certificates And PAN Card Recognition In India

Transgender rights in India have witnessed notable developments over the past decade, marked by a growing recognition of gender diversity and legal reforms aimed at protecting the rights of transgender individuals[1]. A landmark moment came with the 2014 Supreme Court judgment in National Legal Services Authority (NALSA) v. Union of India, which recognised transgender people as the "third gender" and affirmed their fundamental rights under the Constitution[2]. Since then, various policy measures...

Summoning Advocates By Enforcement Directorate

On 14.06.2025, the Enforcement Directorate (ED) issued summons under PMLA Section 50 to Senior Advocate Arvind Datar in connection with its investigation into the Employee Stock Option Plan (ESOP) granted by Care Health Insurance (previously Religare Health Insurance) to former Religare Enterprises Chairperson Rashmi Saluja. SCAORA, Madras Bar Association, Delhi High Court Bar Association, Gujarat High Court Advocates Association and the statement by SCBA President amongst several other senior...

Yamaha V. Registrar Of Trade Marks: Revisiting Forgotten Proviso To Section 20(1) Of Trade Marks Act, 1999

In a significant decision earlier this month, the Bombay High Court revisited a frequently overlooked provision of the Trade Marks Act, 1999, namely the proviso to Section 20(1). The case, Yamaha Hatsudoki Kabushiki Kaisha v. The Registrar of Trade Marks[1], challenges not just a refusal order but the manner in which trademark examiners approach applications involving potential conflicts with existing marks. At the heart of the matter was Yamaha's attempt to register the word mark “WR” in Class...

Tobacco Laws In India- Need For New Legislation

India shall reap the benefits of demographic dividend, is a prediction made by several organisations. However, extensive consumption of tobacco and allied products casts a doubt. The deleterious consequences on health as a result of consumption of these products makes India lose Rs 1,77,341 crores (1% of the GDP). According to the Global Adult Tobacco Survey (GATS) 2016–2017, approximately 267 million adults aged 15 and above in India were tobacco users, representing 29% of all adults. In 2022,...

Redefining Sexual Autonomy: Moving Beyond 'No Means No' To 'Yes Means Yes'

The contrast between the slogan “No Means No,” popularized by Pink (released on September 16, 2016), and the Protection of Children from Sexual Offences Act (POCSO, enacted on December 14, 2012) lies fundamentally in the question of capacity to consent. Pink champions the principle that any person's refusal of sexual advances must be respected, thereby foregrounding affirmative consent as the cornerstone of lawful intercourse. Under POCSO, however, the law takes a per se approach: any sexual...

The Price Of Redemption: When Compliance Comes At A Cost

On May 26th 2025, in a significant development which is poised to reshape India's capital markets landscape, the NSE (National Stock Exchange Ltd.) has proposed a settlement offer of ₹1000 crore to the Securities and Exchange Board of India (SEBI). This move aims to resolve long standing disputes in particular the co-location case and potentially paves the way for NSE's long delayed Initial Public Offering (IPO).Background: The Co-Location ControversyThe Co-Location case which suffered in 2015,...

COVID-19 And Evolution Of Global Health Governance: Lessons In Law, State Responsibility, And Preparedness

The COVID-19 pandemic was not merely a public health crisis; it was a stress test for global governance, national sovereignty, and legal systems. The virus, with its rapid spread and high mortality rate, upended life as we knew it, compelling states to adopt extraordinary measures. From lockdowns to vaccine mandates, from the redefinition of workspaces to the interpretation of contracts under force majeure, the legal, political, and ethical dimensions of governance came under unprecedented...

Cadila v. Roche —Mere Apprehension Of Litigation Not A Sufficient Cause Of Action For Suit

A suit cannot be maintained under the Civil law, merely based on an apprehension of litigation, without any concrete or imminent injury, the Bombay High Court ruled. Dismissing a suit filed by Cadila Healthcare Ltd., the Court ruled that the reliefs sought by the plaintiff were barred under Section 41(b) of the Specific Relief Act[1], and the plaint deserved rejection under Order VII Rule 11 of the Civil Procedure Code[2].Justice Abhay Ahuja, presiding over the matter, held that Cadila's attempt...

Maintenance Under BNSS, Omission Of Word 'Minor', A Major Change

Sec. 125 of Code of Criminal Procedure, 1973 (for short 'CrPC') under the chapter IX which provides for maintenance of the wives, children and parents, have been termed as a social welfare provision and it travels beyond the clutches of the respective personal laws. The Supreme Court in the case of 'Fuzlunbi vs. K. Khader Vali & Anr.' (1980) 4 SCC 125, has went ahead and observed that enactment of the said provision charges the court with a deliberate secular design to enforce maintenance or...

Part Payment Of Cheque Amount, Scope Of Complaint For Balance Amount

The offence under Section 138 occurs only when after the cheque has bounced, the drawee fails to pay the amount due within 15 days from the date of the notice demanding payment issued under Section 138(c) of the Negotiable Instruments Act, 1881. In view of this requirement of issuance of notice under Section 138(c), would a complaint be maintainable in a case where, after the issuance of the cheque, the drawee has made part payment of the cheque amount? If yes, then under what circumstances...

'Offending Sentiments', A Developing Ground Limiting Free Speech

Indian courts are increasingly enforcing an unwritten rule on free expression: you may speak your mind, but only so long as you don't hurt anyone's feelings. In case after case, judges have stepped in to silence or chastise speakers not for violating a law, but for offending 'sentiments'. New judicial trend? This emerging 'sentiment standard' is nowhere in the Constitution, yet it is quietly being written into law from the bench.It is now an “invisible asterisk” hovering over free speech –...