A Discussion Of The IBC Amendment Bill 2025

The Insolvency and Bankruptcy Code Amendment Bill (“IBC Amendment Bill, 2025”) was tabled in the Lok Sabha on August 12, 2025. It essentially had an objective to address various loopholes and shortcomings which the law faces during its practical implementation.The Insolvency and Bankruptcy Code, 2016 (“IBC”) has been facing a lot of operational issues such as non-adherence to timelines which is the very essence of this legislation. There have been various judicial conflicts on the issues...

Joinder Of Parties And Privity Of Contract: Legal Fiction Versus Entity Reality In MSME Arbitration

Privity of contract is a starting point for almost every discussion in contract and arbitration law. Only those who are party to an agreement can sue on it or be bound by it. Arbitration, being based on consent, usually mirrors this rule: if you did not sign the arbitration agreement, you are normally outside its reach.In MSME disputes, a micro or small enterprise usually sues the entity it has contracted with. It is like a contract between a lion and a lamb that both of them will drink water...

Family Courts In India: Reforming A System That Is Failing The Families It Was Built To Protect

“When a judge has 2,000 cases, it becomes oppressive… a judge starts thinking of cases as statistics rather than as human problems requiring solutions and remedies.” — Justice R. V. Raveendran.Family Courts in India were established to insulate vulnerable families from the harshness of conventional litigation. They were envisioned as specialized forums of compassion, speed, and settlement-driven dispute resolution. But four decades later, the truth is unavoidable: family courts have evolved into...

How Digital Piracy Is Evolving And What Courts Are Doing About It

Digital consumption has transformed creative industries. Film, music, sport and publishing now reach audiences across geographical borders through a combination of streaming portals, social platforms and direct creator to consumer models. This shift has created new spaces for entertainment and information but has also given rise to a sophisticated ecosystem of unlawful copying, broadcast reproduction and content theft. Digital piracy has moved far ahead of the traditional world of torrent sites...

Limits Of Executing Courts In Arbitral Award Challenges: Re-Examining Section 47 CPC In Light Of Arbitration Jurisprudence

Arbitration promises finality with speed and without the technicalities of civil procedural laws. That promise unravels when an award, unchallenged within the statutory window, gets re-litigated in execution under the guise of Section 47 of the Code of Civil Procedure, 1908 (CPC). Section 47 of the CPC essentially provides that all questions regarding the execution, discharge or satisfaction of a decree must be decided by the court executing the said decree. Traditionally, this provision applies...

Cross Border Insolvency Under IBC

In India, the insolvency law is governed by the Insolvency and Bankruptcy Code, 2016. Insolvency of a company comprises of parties wherein one is the debtor and the other is the creditor. When the debtor fails to cater its obligation to pay off the creditor, then the creditor initiates the insolvency procedure under the Insolvency and Bankruptcy Code, 2016. When one of the parties in such an insolvency proceeding belong to a nation other than India, then it is categorized under the term...

The Stringency Of Interest Provisions Under MSMED Act: Implementation And Judicial Interpretation

Timely payments are the bedrock of healthy commercial relationships and the lifeline of Micro, Small, and Medium Enterprises (MSMEs) in India. To correct chronic delays, the Parliament embedded a stringent, statutory interest regime in Chapter V of the Micro, Small and Medium Enterprises Development Act, 2006 (“MSMED Act” or “the Act”). Sections 15 - 17 of the Act impose compound interest with monthly rests at three times the RBI bank rate, reinforced by an override clause and a mandatory...

Delhi High Court Stays Outsourcing Move for Long-serving University Staff

The Delhi High Court has granted interim protection to a group of non-teaching staff employed on daily wages at Delhi Pharmaceutical Sciences and Research University (DPSRU), who challenged the University's decision to replace them with outsourced personnel through a manpower agency. The petition, W.P. (C) 14828/2025, was heard by Hon'ble Mr. Justice Prateek Jalan on October 10, 2025.Contentions of the PartiesThe petitioners, represented by Mr. Himanshu Yadav, argued that they have been working...

Treatment Of Operational Creditors Under Insolvency And Bankruptcy Code, 2016: An Analysis Of Recent Jurisprudence

The Insolvency and Bankruptcy Code, 2016 (“IBC”) was enacted with an objective to provide a streamlined and time-bound process for resolving corporate distress while balancing the interests of all the involved stakeholders, including creditors, debtors, and the broader ecosystem. The IBC classified creditors into financial creditors (“FCs”),[1] who lend or invest money in the debtor, expecting repayment along with interest or return, such as banks, financial institutions, etc. and operational...

Concept Of An 'Aggrieved Person' Under Section 61 Of The IBC: A Settled Law?

One of key recurring issues which comes across in insolvency litigation(s) across the Indian sub-continent seems to be the locus of the director/promoter/shareholder(s) of a corporate debtor (“Corporate Debtor”/ “CD”), especially when it comes to invoking Section 61 of the Insolvency and Bankruptcy Code, 2016 (“IBC, 2016”/ “Code”), as an aggrieved person. Now, the pertinent question which arises is what are the remedies available to a suspended director/shareholder/promoter of a CD once CIRP has...

Delhi High Court Sets Aside Lower Court Order Rejecting Plaint In Dr. Mahender Prasad's Estate Dispute

In a significant judgment, the Delhi High Court has set aside an order by a Single Judge that had rejected a plaint filed by the legal heirs of Smt. Satula Devi, the wife of late Dr. Mahender Prasad, a former Member of Parliament. The Division Bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar held that a plaint cannot be rejected in part and that a court must take a "holistic and pragmatic" view of the entire pleading, rather than focusing on isolated prayers. The...

Skill Vs Chance Redefined? How Online Gaming Act, 2025 Shifts Legal Landscape

The passage of the Promotion and Regulation of Online Gaming Act, 2025 marks a watershed moment in India's gaming law landscape. For years, the question of whether a game is governed by skill or chance has occupied courts, regulators, and industry stakeholders alike. With this legislation, India now has a central, statutory framework that seeks to harmonise state-level inconsistencies and provide much-needed clarity. But does the Act end the debate? Or does it simply move the discussion to...