Legal Blogs by Argud Partners | Corporate Law Firm in Mumbai

The regulatory structure for recurring digital payments in India reached a definitive milestone on April 21, 2026, when the Reserve Bank of India issued the Digital Payments – E-mandate Framework, 2026, under the reference RBI/DPSS/2026-27/396. This directive represents a major consolidation of the payments ecosystem, designed to streamline the processing

Section 45 Insurance Act, 2015 : Policy Repudiation Rules

The legal framework governing life insurance in India is anchored in the foundational doctrine of uberrima fides, or utmost good faith. This principle mandates that both the insurer and the proposer act with complete transparency, disclosing every material fact that could influence the assessment of risk. Unlike general commercial contracts

Sovereign Autonomy of Foreign-Seated Arbitration Law

The development of arbitration as the default mechanism for international commercial dispute resolution has necessitated a rigorous re-evaluation of the boundaries of judicial intervention within the Indian legal system. Central to this inquiry is the doctrine of anti-arbitral injunctions, a remedy that resides at the intersection of state sovereignty and

Maharashtra Land Revenue Code Amendment, 2025 Analysis

The enactment of the Maharashtra Land Revenue Code (Second Amendment) Act, 2025, constitutes a fundamental restructuring of land revenue administration and property development regulations in the state of Maharashtra. Published officially on December 31, 2025, this legislative intervention represents a departure from the historical revenue-control model that has governed agricultural

Supreme Court Bars Fresh Arbitration After Withdrawal

The Statutory Framework for Arbitrator Appointments in India The legal structure for appointing arbitrators in India is primarily defined by Section 11 of the Arbitration and Conciliation Act, 1996. This section acts as a vital gateway to the arbitral process, offering a structured method for judicial or institutional intervention when

Customer Data Protection in Indian Financial Sector

The issuance of Advisory No. 3/2026 by the Reserve Bank of India on March 25, 2026, establishes a comprehensive framework for Supervised Entities to enhance their data security protocols within an increasingly digital financial environment. This advisory was developed following a thematic study conducted in 2025 by the Cyber Security

NCLT: Maintenance Dues as Liquidation Costs Under IBC

The legislative framework governing corporate insolvency in India has reached a critical juncture with the enactment of the Insolvency and Bankruptcy Code (Amendment) Act, 2026. This legislative intervention, which received Presidential assent on April 6, 2026, represents the most significant structural recalibration of the insolvency regime since the inception of

Corporate Laws (Amendment) Bill 2026: A Legal Analysis

The introduction of the Corporate Laws (Amendment) Bill, 2026, in the Lok Sabha on March 23, 2026, represents a transformative juncture for corporate regulation in India. This omnibus legislation, comprising 107 clauses, seeks to amend both the Companies Act, 2013 and the Limited Liability Partnership (LLP) Act, 2008. Derived largely

Competition Law & Contract Liability in Indian Aviation

The Indian aviation sector has entered a transformative period characterized by the replacement of century-old colonial statutes and the assertion of aggressive regulatory oversight. The enactment of the Bharatiya Vayuyan Adhiniyam, 2024, which superseded the Aircraft Act, 1934, provided a modernized statutory framework for the manufacture, possession, use, operation, and

Legal Finality in Insolvency: Limitation on Debt Rules

The intersection of the Insolvency and Bankruptcy Code, 2016 (IBC) and the Limitation Act, 1963 has stood as a significant pillar of dispute within the Indian corporate legal framework. The fundamental objective of the Code is to ensure the time-bound reorganization and insolvency resolution of corporate persons for the maximization

Legal Analysis of the Income Tax Rules, 2026

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,