Legal Blogs by Argud Partners | Corporate Law Firm in Mumbai

The notification of the Income Tax Rules, 2026, issued via G.S.R. 198(E) on 20 March 2026, establishes the procedural framework for the implementation of the Income-tax Act 2025 (Act No. 30 of 2025). This transition, effective from 1 April 2026, replaces the decades-old 1961 Act and the 1962 Rules, representing

Evolution of Post-Settlement Arbitrability in Indian Law

The determination of arbitrability within the context of post-settlement disputes represents a fundamental shift in the Indian legal environment between 2024 and 2026. This evolution centers on the tension between the finality of settlements and the preservation of the right to arbitrate when such settlements are contested on grounds of

Asset Tokenisation Bill in India: Legal Framework 2026

The introduction of the Asset Tokenisation (Regulation) Bill, 2026, in the Rajya Sabha on March 13, 2026, marks a fundamental shift in the legislative approach to digital finance in India. Introduced as a Private Member’s Bill by Member of Parliament Raghav Chadha, this legislative proposal addresses a profound regulatory void

GST Appellate Tribunal Formal Operationalization,2026

The commencement of the first phase of adjudicatory operations by the Goods and Services Tax Appellate Tribunal on February 16, 2026, represents a definitive conclusion to the era of writ-dependency in Indian tax litigation. For nearly a decade, the absence of this statutory second appellate forum forced taxpayers to approach

M&A of Unlisted Companies under Indian Law 2026

The legal environment for mergers and acquisitions involving unlisted companies in India has transitioned toward a principle-based regulatory architecture during the 2025-2026 cycle. This shift focuses on administrative decentralization and the removal of judicial bottlenecks for standard private reorganizations. The primary governance is derived from the Companies Act, 2013, the

IT Rules 2026: AI Content & Platform Liability

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 were issued by the Central Government under Section 87 of the Information Technology Act, 2000 and superseded the 2011 intermediary guidelines. These rules establish a comprehensive statutory framework governing intermediaries, publishers of digital media, and online gaming platforms.

The New M&A Regime in India: What Dealmakers Need to Know

The structural evolution of the Indian corporate ecosystem has entered a period of systemic transformation, moving away from reactive regulation toward a proactive, value-oriented framework. This shift is characterized by legislative amendments and regulatory updates that synchronize domestic protocols with global standards while addressing the unique demands of a digital-first

IRDAI 2026 Transitional Framework: Fees & Registration

Introduction The regulatory framework governing insurance intermediaries in India has been fundamentally altered following the enactment of the Sabka Bima Sabki Raksha (Amendment of Insurance Laws) Act, 2025. In furtherance of this legislative reform, the Insurance Regulatory and Development Authority of India (IRDAI), through its circular dated 16 March 2026,

Cross-Border PE & VC in India: Statutory Framework 2026

India’s Legal Framework for Cross-Border Investments The investment environment for private equity (PE) and venture capital (VC) in India is currently defined by a comprehensive consolidation of fiscal and regulatory statutes. Effective April 1, 2026, the Income Tax Act, 2025, serves as the primary legislation for direct taxation, replacing the

Commercial Wisdom of CoC under IBC: 2026 Legal Analysis

Introduction The legal framework of the Insolvency and Bankruptcy Code, 2016 (IBC) in 2026 establishes the “commercial wisdom” of the Committee of Creditors (CoC) as the definitive authority in corporate insolvency resolution. This doctrine represents a fundamental shift from court-centric models to a creditor-driven process, where financial creditors who bear

Liquidation Preference & Exit Rights in India (2025-26)

The structure of exit distributions in Indian mergers and acquisitions is fundamentally anchored by liquidation preference, a mechanism designed to prioritize investor capital protection during liquidity events. In the prevailing regulatory environment of 2025 and 2026, the enforcement of these preferences has moved beyond simple contractual mandates into a complex

Industrial Relations Code (Amendment) Bill, 2026

The introduction of the Industrial Relations Code (Amendment) Bill, 2026, marked as Bill No. 33 of 2026, represents a significant legislative intervention aimed at consolidating the legal foundation of India’s labour reforms. Introduced in the Lok Sabha by Dr. Mansukh Mandaviya, the Union Minister for Labour and Employment, the Bill

RBI Commercial Banks Risk Amendment Directions, 2026

The Reserve Bank of India (RBI) issued the (Commercial Banks – Concentration Risk Management) Amendment Directions, 2026, on February 13, 2026. This legislative instrument, promulgated under Sections 21 and 35A of the Banking Regulation Act, 1949, establishes a new prudential framework for managing sectoral risks and institutional exposure. The directions

Section 29A Arbitration: Jurisdiction & Time Limits

Introduction The statutory framework governing arbitration in India has undergone significant evolution to establish the country as a hub for efficient dispute resolution. Central to this objective is Section 29A of the Arbitration and Conciliation Act, 1996, which was introduced to address the chronic delays that historically hindered arbitral proceedings.

SEBI ICDR Regulations 2018: Legal Framework & Compliance

Introduction The Securities and Exchange Board of India Act, 1992, serves as the primary authority for the regulation of the Indian securities market. Under Section 11(1), the Board is mandated to protect investor interests and promote market development. Within this statutory framework, the SEBI (Issue of Capital and Disclosure Requirements)

Conflict of Assets Under PMLA and IBC in India

Introduction The statutory confrontation between the Prevention of Money Laundering Act, 2002 (PMLA) and the Insolvency and Bankruptcy Code, 2016 (IBC) remains one of the most significant points of friction in the contemporary legal environment of India. This conflict involves a fundamental collision between two distinct public law regimes: the

SEBI 2026 Framework for RTAs: Legal Overview & Duties

Introduction The regulatory framework for Registrars to an Issue and Share Transfer Agents (RTAs) in India has undergone a transformative consolidation with the issuance of the Master Circular HO/38/13/(4)2026-MIRSD-POD/I/4298/2026 on February 06, 2026. This circular provides a unified reference for market participants, rescinding earlier fragmented instructions while preserving transitional savings

Possession Without OC: Builder Still Liable for Delay

Introduction The most prominent dispute in the Indian real estate sector today is more about getting the possession lawfully rather than just getting the possession. Throughout the projects, the promoters issue possession letters or promoter generated possession certificates even when the competent authority has not issued any occupation or occupancy

Counterclaims in Indian Arbitration: Limits & Fairness

Introduction In India, arbitration has truly become a fairly developed dispute resolution instrument, steered by party autonomy and flexibility of procedural regulations. The very flexibility may result in conflicts with procedural discipline particularly when the substantive rights are brought forward late. One such area of consistent dispute is the filing

Homebuyers’ Protection in Insolvency: CIRP Framework

Introduction The evolution of insolvency law in India has been shaped by the competing interests of financial creditors, operational creditors, and homebuyers, who often occupy a vulnerable position in the complex web of real estate financing. A structural shift towards a creditor driven model was introduced through the Insolvency and

MeitY and Statutory Data Protection Enforcement

Constitutional Standards and the Legislative Transition to Data Sovereignty The evolution of privacy in the Indian legal environment has moved from a judicial declaration of intent to a high-stakes statutory mandate. This shift was finalized in late 2025 with the formal notification of the operational rules for the Digital Personal

SEBI 2026: Listing Obligations & Disclosure Requirements

A Unified Statutory Foundation The regulatory architecture governing listed entities in India has undergone a transformative consolidation through the Securities and Exchange Board of India Master Circular for compliance with the Listing Obligations and Disclosure Requirements Regulations, 2015 (LODR), last updated on January 30, 2026. Issued under Section 11(1) of

Statutory Discretion in Unsubscribed Rights Issues

The legal architecture governing the increase of subscribed capital in Indian corporate law is anchored in the principle of pre-emptive rights, ensuring existing shareholders retain their proportional economic interest. Under Section 62 of the Companies Act, 2013, a rights issue is the primary mechanism for capital expansion. This provision mandates

Status of Insolvency Professionals as Public Servants

The Statutory Conflict: Literal vs. Purposive Interpretation of Public Servant Status The constitutional and statutory environment governing corporate insolvency in India currently faces a fundamental friction regarding the legal status of insolvency professionals. This friction centers on whether individuals who are essentially private practitioners such as chartered accountants and advocates

Removal of Directors: Corporate Accountability in India

The Indian corporate governance structure is fundamentally anchored in the principle of shareholder democracy, where the power to appoint and remove directors serves as the primary mechanism for management accountability. Under Section 169 of the Companies Act, 2013, shareholders possess an inherent legal right to remove a director before the

Insurance Laws Amendment Act, 2025 Explained

Strategic Modernization and the 2047 Statutory Vision The Indian insurance sector is currently undergoing a structural transition following the enactment of the Sabka Bima Sabki Raksha (Amendment of Insurance Laws) Act, 2025, which received Presidential assent on December 20, 2025. This legislative package fundamentally reconstructs the tri-pillar framework consisting of

Income Tax Act 2025: Reforming India’s Tax Regime

The enactment of the Income Tax Act, 2025 marks a foundational shift in the fiscal architecture of India, representing the most extensive overhaul of direct tax legislation since 1961. This legislative progression is not merely a periodic update, but a fundamental recodification designed to address the systemic structural fatigue of

Landmark Arbitration Judgments Shaping Indian Law 2025

Foundational Shifts in the Arbitral Environment The year 2025 represents a transformative epoch for Indian arbitration, characterized by a deliberate judicial effort to align domestic practices with international standards while simultaneously addressing unique procedural challenges. The evolution of the Arbitration and Conciliation Act, 1996, throughout this period is not merely

RBI FEMA 2026 Export Import Regulations Compliance Guide

RBI Notification Under FEMA Governing Export and Import The Reserve Bank of India (RBI) on January 13, 2026, notified the Foreign Exchange Management (Export and Import of Goods and Services) Regulations, 2026, under its powers in the Foreign Exchange Management Act, 1999 (FEMA). These Regulations which will be effective from

Indian Insolvency Liquidation Regulations, 2026

The Indian insolvency system in 2026 is defined by a shift from judicial discretion toward a mandatory statutory regime. This evolution is spearheaded by the Insolvency and Bankruptcy Code (Amendment) Bill, 2025, and the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016, as amended up to January 2,

RBI Draft Norms for Acquisition Finance by Banks

RBI’s Regulatory Intervention in Acquisition Finance The regulatory architecture governing the Indian banking sector has undergone a fundamental transition with the introduction of the Draft Reserve Bank of India (Commercial Banks – Capital Market Exposure) Directions, 2025. This framework represents a departure from over five decades of a prohibitive stance

NCLAT on Settlement and Personal Guarantor Discharge

The Foundation of Co-extensive Liability under the Indian Contract Act The evolution of insolvency law in India has reached a critical juncture where the sanctity of personal guarantees is being upheld with unprecedented statutory and judicial rigor. Since the central government notified the provisions relating to personal guarantors to corporate

Unsigned Arbitration Agreements Enforced by Conduct

Introduction: The Evolution of Consent in Indian Arbitration In the modern commercial setting, where transactions are frequently initiated through rapid electronic exchanges and where performance often begins before the ink on a formal document is dry, the legal standards governing the enforceability of arbitration agreements have had to adapt. This

Non-Signatories & Confidentiality in Indian Arbitration

Introduction The Indian arbitration system has arrived at a definitive juncture in 2025, characterized by a sophisticated balance between the commercial necessity of including non-signatories and the procedural requirement to maintain the private nature of the forum. The Supreme Court of India has moved away from a strictly formalistic interpretation

Apple vs CCI: Constitutional Proportionality & Revenue

The Question Raised by Apple vs CCI The litigation in Apple Inc. & Anr v. Union of India & Ors, W.P.(C) 17934/2025 represents a defining moment for Indian competition law and the limits of regulatory power. In late 2025, the technology giant moved the Delhi High Court to challenge the

Banking Laws (Amendment) Act, 2025: Indian Finance Shift

The formal enactment of the Banking Laws (Amendment) Act, 2025, represents a fundamental shift in the regulatory architecture of the Indian financial system, marking a significant legislative intervention since the comprehensive reforms of the early nineties. This legislative package received the assent of the President on April 15, 2025, and

MCA–SEBI Regulatory Primacy in Corporate Securities

Introduction The administrative structure of Indian corporate law is governed by a functional duality between the Ministry of Corporate Affairs and the Securities and Exchange Board of India (SEBI). The Ministry of Corporate Affairs derives its primary authority from the Companies Act, 2013, and the Limited Liability Partnership Act, 2008,

MAHARERA 2025 Enforcement SOP & Deemed Decree Doctrine

The Judicial Mandate for Effective Enforcement The evolution of the real estate regulatory environment in India has reached a critical juncture in 2025, specifically regarding the transition from theoretical adjudications to practical enforcement mechanisms. For nearly a decade, the Real Estate (Regulation and Development) Act, 2016, functioned primarily as a

SARFAESI Act: Statutory Powers & Constitutional Limits

The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), serves as the definitive legal framework for the non-judicial recovery of secured debts in India. The statute provides a mechanism to maintain the liquidity of the banking sector and manage the systemic burden of

Section 47 CPC: Limits on Arbitral Award Execution

Introduction: Legislative Intent for Finality The Arbitration and Conciliation Act, 1996 (ACA), provides a specialized and self-contained legal system aimed at ensuring the expeditious resolution of commercial disputes with minimal judicial intervention. The finality of the process is established by Section 35 of the ACA, which declares an arbitral award