Thought Leadership | Alagh & Kapoor Law Offices

Supreme Court of India building in New Delhi

ArticleAviral Kapoor, Partner26 Oct 2026NCLT’s Power to Recall a CIRP Admission: Supreme Court in Orris Infrastructure (2026)In Orris Infrastructure v. Rakesh Kumar Gupta (2026 INSC 1070), the Supreme Court held that the NCLT can recall an order admitting an insolvency application where its jurisdictional facts are shown to be fraudulent or collusive, but that recall does not automatically end the CIRP.Read More

ArticleAviral Kapoor, Partner23 Oct 2026Who Owns an AI Output in India? Developer, Business or UserIndian law answers the ownership question in two steps. It first asks who the author is, and then makes that author the first owner unless an exception or a written assignment says otherwise.
ArticleRahul Raj, Associate12 Oct 2026The Limits of Arbitral Autonomy: When ‘Permissible Refinements’ and Arbitrary Damages Cross the Line into Patent IllegalityAn analysis of Section 34 judicial review, examining when unpleaded claim refinements, arbitrary damages, internal evidentiary paradoxes, and contractual interest bars cross into patent illegality.
ArticleAviral Kapoor, PartnerIndia’s Copyright Office Rules on AI Authorship: What the DABUS Order Actually DecidedOn 31 August 2026, India's Registrar of Copyrights refused to register an artwork that named an AI system as its author. Most coverage summarised the outcome as "AI cannot be an author". The order says more than that. It names the human who counts, and it leaves a key question open.
ArticleShivam Tomar, AssociateThe IBC Prevails: Examining the Overriding Effect of the Insolvency and Bankruptcy Code, 2016, over the Electricity Act, 2003The Supreme Court has held that, in liquidation proceedings, the Insolvency and Bankruptcy Code, 2016 prevails over the Electricity Act, 2003 where their provisions conflict. This article examines the decision in Paschimanchal Vidyut Vitran Nigam Ltd. v. Raman Ispat (P) Ltd. and its implications for electricity dues, security interests and the Section 53 liquidation waterfall.
ArticleAviral Kapoor, PartnerTrademark Filing in India for Foreign Applicants: 7 Problems Foreign Counsel Face (and How to Avoid Them)The seven problems that most often cost foreign applicants time or rights when filing a trademark in India, from prior use and squatting to the Madrid route and the one-month examination deadline, and how to avoid each.
ArticleSonal Alagh, PartnerInsider Trading Regulations in India: A Critical AnalysisHow India’s law on insider trading developed from the early committee reports to the SEBI (Prohibition of Insider Trading) Regulations, 2015, the key definitions, the codes every listed company must adopt, and the penalties for non-compliance.
Case noteSonal Alagh, PartnerOnline Rummy: Game of Skill or Game of Chance?The Andhra Pradesh High Court, hearing challenges to the amended Andhra Pradesh Gaming Act, 1974, directed an independent committee to examine how online rummy is played. This article sets out the settled law, the rival submissions and the court’s order.
ArticleSonal Alagh, PartnerEmpowerment of Women in Politics: An In-Depth Look at the Mahila Aarakshan BillThe Women’s Reservation Bill, 2023 reserves one-third of seats in the Lok Sabha and State Assemblies for women. This article looks at its history, why its implementation is tied to delimitation and the census, and whether reservation alone can address under-representation.
Case noteSonal Alagh, PartnerSame-Sex Marriage: What Changed After the Supreme Court’s VerdictA short note on the legal position of queer unions in India before the Supreme Court’s verdict on same-sex marriage, and what the verdict said on recognition, discrimination, adoption and the role of Parliament.
ArticleShivam Tomar, AssociateDecoding the Proposed FCRA Amendments: What NGOs and Foreign Donors Need to KnowThe proposed amendments to the FCRA framework: a definition of “key functionary”, purpose- and geography-specific registration, utilisation-linked tranches for large grants, an objective “reasonable activity” threshold and expanded annual disclosures.
ArticleShivam Tomar, AssociateRBI’s Draft Framework for Liberalising External Commercial BorrowingsThe RBI’s draft amendments to the ECB regime: wider borrower and lender eligibility, limits linked to net worth, removal of the all-in-cost ceiling and the end-use restrictions that remain.
ArticleShivam Tomar, AssociateAmendments to the Non-Debt Instruments Rules: What Changes for Foreign Investment in IndiaAmendments to the Foreign Exchange Management (Non-Debt Instruments) Rules: the revised definition of a startup, share swaps and deferred consideration, sectoral caps for foreign portfolio investment and 100% FDI in white label ATMs.
ArticleShivam Tomar, AssociateTrade Tariff and Legal Consequences on the Indian MarketThe 2025 US tariff increase on Indian goods: its consistency with WTO rules, India’s trade remedy options, and what Indian businesses should review in their contracts.
ArticleAviral Kapoor, PartnerFintech Regulation in India 2025The regulatory framework for fintech in India: Payments Vision 2025, the regulatory sandbox and account aggregators, digital lending and payment aggregator rules, data protection and localisation, cybersecurity and compliance timelines.
ArticleAviral Kapoor, Partner, and Rahul Raj, AssociateCryptocurrency Regulation in India: Where the Law Stands in 2025India has no dedicated crypto statute. Virtual digital assets are instead governed through taxation, anti-money laundering registration and the RBI’s supervision of banks. This article sets out the current position for investors, exchanges and businesses.
ArticleShivam Tomar, AssociatePreserving the Insolvency Framework: Judicial Limits on Speculative Homebuyers Under the IBCHow the courts distinguish genuine homebuyers from speculative investors under the IBC, from Pioneer Urban to Mansi Brar Fernandes, and why the Code is a law for resolution, not recovery.
ArticleRahul Raj, AssociateThe Admission Conundrum: Judicial Discretion, Mandatory Triggers, and the Arbitration Intersection in India’s Insolvency RegimeHow the standard for admitting a company into insolvency has moved from Innoventive to Vidarbha and back after the 2026 amendments, the operational creditor’s shield of a pre-existing dispute, and the unresolved tension between the IBC and arbitration agreements.
ArticleRahul Raj, AssociateThe 10% Trap: Rethinking Pre-Deposits in ArbitrationThe Supreme Court’s reference in Santosh Associate on mandatory pre-deposit clauses in government contracts, the conflict between S.K. Jain and ICOMM, and practical strategy for contractors until a larger bench decides.
ArticleRahul Raj, AssociateWhen Housing Dreams Turn Into Insolvency Nightmares: Why the Supreme Court Said No to Speculative Investors in Real EstateAn analysis of Mansi Brar Fernandes v. Shubha Sharma, in which the Supreme Court held that allottees with buy-back and assured-return arrangements cannot trigger insolvency as homebuyers, and what it means for RERA and the IBC.
ArticleRahul Raj, AssociateThe Possession Handover Paradox: Analysing IBBI’s New Regulation 4E and the Liquidation Value ControversyRegulation 4E permits possession to be handed to homebuyers during CIRP with 66% CoC approval. This article examines the debate over its effect on liquidation value and the questions it leaves open.
ArticleRahul Raj, AssociatePre-Litigation Mediation Under Section 12A of the Commercial Courts Act: Promise and PracticeThe mandate of pre-institution mediation under Section 12A, the Supreme Court’s ruling in Patil Automation, the Mediation Act, 2023, and why settlement rates have remained low.
ArticleRahul Raj, AssociateEthical Dilemmas in International Arbitration: A Cross-Jurisdictional Legal QuagmireDiffering ethical norms across jurisdictions, frivolous challenges to arbitrators, and the conflicts of interest and disclosure questions raised by third-party funding.
ArticleRahul Raj, AssociateShare Transfer Restrictions in Startups: Strategic Safeguards vs. Investor Liquidity ConstraintsHow Section 58 of the Companies Act, 2013 treats restrictions on share transfers, why startups use them, their effect on investor liquidity and valuation, and how to calibrate them by stage.
ArticleRahul Raj, AssociateLegal Compliance Framework for Social Media Influencers in India: Essential Guidelines for Content CreatorsDisclosure rules, sector-specific requirements for finance and health content, tax, intellectual property, data protection and contractual considerations for influencers and content creators in India.
ArticleSonal Alagh, PartnerLaws surrounding online gaming in DubaiAn overview of the federal and emirate-level laws that govern online gaming and gambling in the UAE, with a focus on Dubai.
ArticleAviral Kapoor, PartnerDisjunctive views of High Courts on online rummyA GST dispute before the Rajasthan High Court on whether games offered by Myteam11 are a supply of services or actionable claims, and how courts have differed on online rummy.
Legal updateSonal Alagh, PartnerInsolvency Law Bulletin: 10–16 February 2023A digest of insolvency developments in mid-February 2023: the NCLAT on full payment of provident fund and gratuity dues, the dismissal of the IBBI’s appeal in GTL Infrastructure, and NCLT orders in Lavasa, McLeod Russel, Zee Learn and Sintex.
Legal updateSonal Alagh, PartnerInsolvency Law Bulletin: 1–10 February 2023A digest of insolvency developments in early February 2023: the Supreme Court on the Srei insolvency, the NCLAT on breach of consent terms, the IBBI’s appeal in GTL Infrastructure, and Economic Survey data on outcomes under the IBC.
Legal updateSonal Alagh, PartnerInsolvency Law Bulletin: January 2023A digest of insolvency and company law developments in January 2023: the Supreme Court’s decision to revisit Vidarbha Industries, NCLAT rulings on withdrawal, limitation and bank guarantees, the Reliance Capital auction, and the Government’s proposed overhaul of the IBC.