India: Corporate and Company Law

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Article
Supreme Court Holds That Admission Of Debt By A Resolution Professional Does Not Amount To Acknowledgment Of Liability Under Article 18 Of The Limitation Act, 1963 And The Time Period Of Earlier CIRP Proceedings Against A Corporate Debtor Is To Be Excluded While Computing The Limitation Period Under Article 137 Of The Limitation Act, 1963
In the present matter, the date of default for the debt availed by the Corporate Debtor (“CD”) from Dewan Housing Finance Limited (“DHFL”) was 06.12.2016. However, DHFL itself was admitted into CIRP on 03.12.2019.
India Insolvency
Sagus Legal
Article
Recent Developments In India's Corporate And Commercial Laws - April 2026
April 2026 will be remembered as a watershed month in Indian corporate and commercial regulation. Within a single calendar month, the President assented to a sweeping rewrite of the insolvency code, the Ministry of Corporate Affairs (“MCA”) opened a one-time compliance amnesty window and a parallel public consultation on rationalising incorporation rules, the Securities and Exchange Board of India (“SEBI”) operationalised significant changes to the ICDR framework and the Mutual Funds Regulations, and the Income-tax Act, 2025 took effect, replacing a sixty-year-old statute.
India Commercial
LP
Legitpro Law
Article
India's New Form-10 Requirement: What Businesses Using Foreign Biological Resources Must Know
The National Biodiversity Authority (NBA) has issued a notification on February 04, 2026 to clarify the obligation to submit a Declaration in Form-10 by any person intending to use any biological resource or associated traditional knowledge, obtained from a foreign country in India. This article provides an overview of the new requirement and its implications for businesses and research institutions.
India Commercial
SR
S.S. Rana & Co. Advocates
Article
What’s In A Name? For A Company, Everything
An individual’s name is a fundamental part of their identity. It shapes how others recognize them, carries their reputation, and over time becomes associated with their story. The same holds true for a company. When an entrepreneur registers a business, the name chosen is not just a legal requirement, it forms the foundation of the brand, represents its values, and becomes the basis on which trust is built over time.
India IP
SR
S.S. Rana & Co. Advocates
Article
Supreme Court Of India Reinforces Finality In Enforcement Of Foreign Awards While Recognising Transnational Issue Estoppel
In a significant ruling, the Supreme Court of India, in Nagaraj V. Mylandla vs. PI Opportunities Fund-I and Ors. Etc.1, for the first time, has recognised the doctrine of ‘transnational issue estoppel’. It has clarified that findings of a foreign court at the seat of arbitration attain finality and operate as a bar to subsequent challenges in enforcement proceedings in India. The judgment further reiterates that the public policy exception must be construed narrowly and cannot be used as a vehicle to reopen merits of the dispute.
India Litigation
J
JSA
Article
Updating Force Majeure Clauses For India-Japan Contracts
The COVID-19 pandemic transformed force majeure clauses from overlooked boilerplate provisions into critical contract terms that determined business survival. This article examines how Indian and Japanese companies have fundamentally revised their commercial agreements in response to lessons learned during the pandemic, moving beyond traditional "acts of God" language to address modern disruptions including pandemics, cyberattacks, and regulatory changes.
Worldwide Commercial
KC
Kochhar & Co.
Article
Is Invocation Of A Guarantee A Mandatory Precondition For Insolvency Proceedings Against A Personal Guarantor?
Indian corporate lending is dominated by personal guarantees particularly in cases where promoters and directors are obligated to guarantee the debts of corporate borrowers. This has changed the enforcement landscape with the introduction of personal guarantors to corporate debtors into the Part III of the Insolvency and Bankruptcy Code, 2016 (“IBC”) on 15 November 2019.
India Insolvency
SO
S&A Law Offices
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