Article 226
24 articles tagged with "Article 226".
Supreme Court Fortifies IBC: Finality of Resolution Plans and the End of the "Article 226 Detour"
The Supreme Court’s 2026 IBC Jurisprudence: Certainty Over Convenience The Supreme Court has delivered a decisive blow to procedural opportunism in corporate insolvency, establishing two interlocking principles that will fundamentally alter how pract...
Supreme Court's September Strike: Why the Writ Route Against NCLT Orders Just Became a Dead End
The Death of the "Strategic Writ" in IBC Litigation For years, the playbook was predictable. Aggrieved by an NCLT order—perhaps a refusal to admit a Section 7 application, or an adverse interim direction—counsel would dust off the constitutional reme...
The Unstoppable CIRP: Supreme Court Rules Fraudulent Petitions Won’t Derail Ongoing Insolvency, Strips Promoters of Moratorium Cover
The Unstoppable CIRP: Why the Supreme Court is Prioritizing the "Collective" Over the "Clean Hands" Doctrine For corporate litigators defending distressed companies, the playbook has long included a standard, aggressive opening move: attack the credi...
The Supreme Court Rings the Bell on NCLT Overreach: Section 14 Limits, Benami Attachments, and the End of the Writ Bypass
For the past few years, the Indian corporate insolvency landscape has been suffering from a severe case of jurisdictional bloat. Litigants have treated the National Company Law Tribunal (NCLT) as a one-stop-shop for all corporate ailments, and the In...
The "Multiplier Right" and Toothless Commissions: Unpacking the Supreme Court's 2026 Constitutional Blitzkrieg
The Era of Expanding Rights and Shrinking Forums If you are a practicing advocate navigating the writ courts this year, the Supreme Court’s 2026 constitutional jurisprudence demands a fundamental shift in how you draft your pleadings. We are witnessi...
Plugging the IBC Leaks: Supreme Court Strips Promoters of Moratorium Cover While NCLT Gasps for Breath
The Era of the Promoter Shield is Over For the better part of a decade, the Corporate Insolvency Resolution Process ( CIRP ) has been plagued by a recurring, cynical tactic: promoters using the insolvency of their companies as a personal legal shield...
The Shrinking Shield: Supreme Court Redraws IBC Boundaries While SEBI Opts for the Settlement Route
The End of the Article 226 Bypass For years, a standard tactical playbook for corporate debtors facing an adverse National Company Law Tribunal (NCLT) order—particularly liquidation—has been to sprint to the nearest High Court with an Article 226 wri...
The End of the Promoter's Shield: Supreme Court Confines Section 14 Moratorium While SEBI Tightens the Noose on UPSI
The Month the Corporate Veil Got Heavier September 2026 has delivered a series of sharp, uncompromising reality checks for corporate India and the lawyers who defend it. Between the Supreme Court stripping away the collateral protections of the Insol...
Operation Successful, Patient Dead: Why Proving State Arbitrariness Won’t Automatically Win You a Writ Remedy
The Hook: The Paradox of Public Law Remedies Every commercial lawyer in India knows the nightmare of dealing with state instrumentalities. You win the tender, you pay the premium, you take possession, and then—years later—a phantom bureaucratic memo ...
The State is Arbitrary, But You Still Can’t Evade the Specific Relief Act: Calcutta HC’s Reality Check in M.A. Construction
The Hook: The Allure and Danger of the "Article 14 Backdoor" Every commercial litigator in India knows the temptation. Your client entered into a contract with a State instrumentality. They paid the money, changed their position, and did everything r...
The IBC Clampdown: Supreme Court Strips Promoters of Moratorium Armor and Shuts the Article 226 Bypass
The Honeymoon is Over for Creative Insolvency Tactics If you are an insolvency practitioner in India, the latest barrage of rulings from the Supreme Court and the National Company Law Tribunal (NCLT) should serve as a massive reality check. The juris...
The Supreme Court’s September Sweep: Closing the Net on Insider Trading Defenses and IBC Bypasses
For Indian corporate lawyers, September 2026 has delivered a sharp reality check from the Supreme Court. In a series of recent rulings, the apex court has made its stance abundantly clear: statutory frameworks under the SEBI Act and the Insolvency an...
The End of "Coincidental" Trading: Supreme Court Cements UPSI Presumption & Closes IBC Writ Loopholes
A Reality Check for Corporate Defenses in 2026 If your corporate litigation strategy relies on playing innocent regarding insider trading or using writ courts to bypass the NCLAT, the Supreme Court has just burned your playbook. The latest slew of ju...
The Hyper-Localization of Part III: How the Supreme Court’s 2026 Rights Expansion Changes Your Writ Practice
For decades, practicing constitutional lawyers have leveraged the Supreme Court’s expansive reading of Article 21 and Article 19 to fight broad, systemic battles. We are used to arguing the right to privacy, the right to a clean environment, and the ...
The Supreme Court’s Dual Strike to Save the IBC: Strict Limitations, Bypassed Writs, and the NCLT’s Systemic Lethargy
The IBC is fighting a two-front war: systemic delay and procedural adventurism. The Supreme Court has had enough. For corporate insolvency practitioners, the 2026 legal landscape is delivering a brutal reality check. The Insolvency and Bankruptcy Cod...
From Footpaths to Sanitary Pads: The Supreme Court is Forcing Municipal Infrastructure into Part III
The Evolution of "Affirmative" Fundamental Rights in 2026 For decades, Indian constitutional practice has treated Part III rights primarily as negative liberties—shields against State overreach. You filed a writ when the State unlawfully detained you...
Stop Using Consumer Forums as a Catch-All: Karnataka HC’s Reality Check on Jurisdictional Overreach
The Hook: The Epidemic of Jurisdictional Creep If there is one bad habit Indian litigators have developed over the last decade, it is treating Consumer Commissions like a judicial Swiss Army knife. Got a breach of contract? File a consumer complaint....
Article 21 Hits the Streets: Why the Supreme Court’s 2026 "Right to Walk" and Identity Rulings Change the Game for Litigators
The Expanding Horizon of Article 21: From Abstract Dignity to Everyday Reality If you are a practicing lawyer in India, you are already accustomed to the Supreme Court treating Article 21 of the Constitution as a bottomless receptacle for fundamental...
The Pedestrian's Fundamental Right and the Homemaker's Worth: How the Supreme Court's June-July 2026 Docket Changes Everyday Practice
Constitutionalizing the Mundane: A Paradigm Shift in Part III Jurisprudence If you have been monitoring the Supreme Court’s constitutional docket over the summer of 2026, a distinct and highly practical trend is emerging. The Constitutional Courts ar...
Everyday Constitutionalism: How the Supreme Court’s 2026 Rulings Radically Expand Article 21 and Municipal Liability
For decades, Indian constitutional jurisprudence has frequently hovered in the stratosphere, concerning itself with federalism, basic structure, and electoral integrity. But if the first half of 2026 is any indication, the Supreme Court is aggressive...
Walking on Paper Rights: The Supreme Court’s 2026 Part III Expansion Spree and What It Actually Means for Litigators
The Part III Renaissance of 2026 For the practicing advocate, the Supreme Court of India reading a new fundamental right into Part III of the Constitution represents one of two things: a groundbreaking new cause of action, or a purely academic exerci...
The Article 21 Avalanche: Supreme Court Elevates Road Safety to a Fundamental Right in 'Phalodi Accident'
The Constitutionalization of Commuter Safety Litigators handling motor accident claims, infrastructure disputes, and torts need to rapidly shift their paradigms. The Supreme Court of India has officially transformed highway safety from a statutory gr...
Continuous Treatment Trumps the Calendar: The Madras High Court Dismantles the "Hyper-Technical" Limitation Defense in Medical Negligence
There is a recurring, almost mechanical strategy deployed by hospital defence counsel in medical negligence cases: the moment a consumer complaint is filed, point to the date of the patient’s initial discharge, invoke the strict two-year limitation p...
Hostile Takeovers and Bureaucratic Blunders: Why the Delhi High Court Halted ONGC's Seizure of Vedanta's Oil Block
The Hook: When the State Treats an Offshore Oil Rig Like a Rented Flat If you want a masterclass in how not to execute a commercial exit strategy, look no further than the Ministry of Petroleum and Natural Gas (MoPNG). In a high-stakes corporate thri...
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