Insights & Resources

A concise overview of the personal insolvency and bankruptcy framework for personal guarantors under the IBC, with key NCLAT and NCLT rulings shaping the law. This piece explains initiation, moratoriums, repayment plans, creditor rights, bankruptcy triggers, and the 2025 Amendment Bill, offering a clear snapshot of the evolving jurisprudence and its practical implications for stakeholders.

Can property acquired before a crime be seized under the PMLA? This article examines how Indian courts have interpreted the concept of “proceeds of crime,” balancing enforcement power with constitutional safeguards, and compares global confiscation regimes to determine where the legal line truly lies.

In litigation practice, the authority of an advocate to act is often taken for granted, with vakalatnamas and authority letters treated as routine paperwork. Yet beneath this apparent formality lies a dense body of law that determines the very legitimacy of representation. Questions of who may sign, how consent is proved, and whether a scanned signature suffices are not clerical details: they cut to the root of agency, evidence, and procedure.

The Delhi High Court in HCL Infosystems Ltd. v. Commissioner of State Tax reaffirmed that GST proceedings against a company dissolved due to amalgamation are void ab initio. The Court held that such actions are not curable under section 160 of the CGST Act, nor authorised by section 87. This judgment aligns with the Supreme Court’s ruling in Maruti Suzuki, reinforcing the principle that legal proceedings cannot be pursued against non-existent entities.

In M/s Silverline v. State of Bihar, the Patna High Court held that GST appellate authorities must adjudicate appeals on their merits, even in cases of procedural lapses or absence of supporting documents. The Court ruled that dismissal for non-prosecution without a merit-based inquiry violates statutory duty under s. 107 of the Bihar GST Act reinforces the importance of reasoned, fair, and substantive appellate decisions.

The Supreme Court, in Shivappa Reddy v. S. Srinivasan, has reaffirmed that partners retiring from a firm must strictly comply with statutory requirements under the Partnership Act to escape liability under the Negotiable Instruments Act. The Court set aside a High Court order quashing proceedings and emphasised that non-compliance with Section 72 obligations leaves retired partners exposed to criminal liability for dishonoured cheques.

In P. Nallammal v. State, the Supreme Court delivered a split verdict on whether a public servant’s spouse can be convicted for abetting the accumulation of disproportionate assets. While both judges upheld asset attachment and procedural findings, they diverged sharply on the standards required to prove abetment under Section 109 IPC read with the Prevention of Corruption Act, 1988.

The Bombay High Court, in a decisive ruling, upheld the allowability of business expenditure incurred by Mahindra & Mahindra Ltd. in supporting its distressed subsidiary. The Court reaffirmed that commercial expediency justifies such deductions under Sections 28 and 37 of the Income-tax Act, 1961. It also clarified that the Assessing Officer has limited jurisdiction under Section 115J, reinforcing the sanctity of audited financials prepared under the Companies Act.

In a significant ruling, the Bombay High Court quashed the provisional attachment of a bank account under the MGST Act, citing procedural lapses and absence of a reasoned order. The Court reiterated that such coercive powers must be exercised judiciously, based on tangible material, and not on presumptions. This decision reinforces judicial scrutiny of arbitrary use of powers under Section 83 of the GST regime.

India’s evolving crypto regulations require startups to navigate a complex matrix of tax law, AML norms, data privacy obligations, and consumer protection rules. This insight distils the key legal imperatives—FIU-IND registration, 30% taxation, CERT-In incident reporting, and DPDP compliance—into a strategic roadmap for Web3 founders building in India's regulated VDA ecosystem.