INDIALAW LLP

In a recent article published by businessline titled “JSW-BPSL review may lead to reopening of IBC cases”, Our Associate Partner, Pranava Charan shared his expert insights. Pranava said the reversal in the case underscores the risk of allowing conditional or qualified plans that may later be unravelled. The judgment could also impact other concluded cases facing similar scrutiny, highlighting the need to reinforce both legal finality and adherence to timelines to maintain investor confidence and the code’s commercial efficacy, he said.

In a recent article published by Business Standard titled “Returning to India? Tribunal ruling may hit property, gifts, fund transfer”, Our Managing Partner Shiju Pv shared his expert insights. The tribunal’s recent insistence on a past physical presence of 182 days in the previous financial year overlooks both the RBI’s operational practice and the principle of ‘intention-backed conduct.’ This rigid interpretation risks penalising genuine returnees and creates ambiguity in routine matters like bank account reclassification, repatriation, and investment compliance. It is essential for the RBI and FEMA authorities to provide a harmonised, intention-and-conduct-based framework to ensure legal clarity for returning NRIs," said Shiju Read full article here : https://lnkd.in/gKhKH6Fp

In a recent article published by Outlook Money titled “Surprise Tariff Hike By US: Indian Real Estate, Homebuyers May Feel The Heat”, Our Senior Partner Vinod P Veettil shared his expert insights. Vinod says that the imposition of 50 per cent US tariff on Indian exports may not directly impact homebuyers, but the resulting economic uncertainty and potential rise in construction costs—driven by a weaker rupee and costlier imported materials—could lead to higher property prices. “This, coupled with cautious buyer sentiment and tighter household budgets, may affect affordability and delay purchase decisions, particularly among middle-income and first-time buyers,” he says. Read full article here : https://lnkd.in/gx9a_ewE

Rajasthan just made stamp duty compliance smarter. Mandatory API-based calculator for all DDE transactions No more manual errors or mismatched amounts Effective 30 May 2025 Watch the video to know how this changes your digital documentation process. #StampDutyCompliance #RajasthanDDE #EStamping #LegalTech #DigitalCompliance #IndiaLawProBono

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Wishing everyone a joyful and heartfelt Raksha Bandhan.

Supreme Court on Motor Accident Compensation: A Shift Towards Realism In S. Mohammed Hakkim v. National Insurance Co. Ltd., the Supreme Court has recalibrated the approach to contributory negligence and future income assessment for students in motor accident claims. Key highlights: Contributory negligence reduced to 20%, with liability shared between two insurers. Court recognized future income of an engineering student at ₹20,000/month, plus 40% for future prospects. Compensation restored to ₹91.39 lakh, reinforcing a realistic and holistic approach. This decision reaffirms the principle that compensation must account not just for financial loss but also for long-term social and functional impact. Read the full analysis here: https://lnkd.in/gknyvfnW #SupremeCourt #MotorAccident #ContributoryNegligence #CompensationLaw #PersonalInjury #LegalUpdate #IndiaLawLLP #InsuranceLaw #TortLaw #JudicialPrecedent #LegalInsight

Building Compliance in the Cloud: RBI’s IFS Cloud and the Future of Financial Data Localization The RBI's upcoming IFS Cloud, set to launch in 2025–26, marks a significant step toward sovereign cloud infrastructure for India’s financial sector. Developed by IFTAS, this initiative reflects a compliance-first approach aligned with the Digital Personal Data Protection Act, 2023 (DPDPA) and RBI’s stringent data localization mandates. Key takeaways: RBI mandates local-only data storage for core financial operations IFS Cloud enables affordable, secure cloud access for banks and NBFCs Aligns with DPDPA’s flexible yet risk-sensitive cross-border framework Supports smaller institutions and financial inclusion Advances digital and economic sovereignty under Digital India and Make in India This is not just infrastructure—it’s a strategic compliance enabler designed to future-proof India’s financial ecosystem. Read the full analysis: https://lnkd.in/gWYYj4ZH #DataLocalization #IFSCloud #RBI #DPDPA2023 #Fintech #IndiaLawLLP #CloudSovereignty #DigitalIndia #MakeInIndia #RegulatoryCompliance #FinancialServices #DataGovernance #CyberSecurity

Dignity in the Twilight Years: Allahabad HC on Elder Rights under Article 21 In Ram Dular Gupta v. State of U.P., the Allahabad High Court has delivered a landmark ruling affirming that elder abuse—whether emotional, physical, or financial—constitutes a violation of Article 21 of the Constitution. Key highlights: Right to life under Article 21 includes dignity and emotional security for the elderly Familial neglect or cruelty is not just a private issue—it triggers constitutional scrutiny The Court drew on the Supreme Court’s decision in Ashwani Kumar v. Union of India, reinforcing the constitutional commitment to elder care This ruling deepens the jurisprudence on elder rights, offering both a legal and moral precedent for courts and society alike. Read the full blog: https://lnkd.in/gyPETNkJ #ElderRights #Article21 #HumanDignity #ConstitutionalLaw #IndiaLawLLP #Judiciary #SocialJustice #LegalUpdate #AllahabadHighCourt

Pro-Knits Revisited: Supreme Court Clarifies MSME–SARFAESI Framework In Shri Shri Swami Samarth Construction v. NKGSB Bank, the Supreme Court has recalibrated the tension between MSME protections and SARFAESI enforcement. The Court clarified that: 1. The 2015 MSME Revival Framework requires active cooperation from borrowers; 2. Lenders are not solely responsible for detecting stress; 3. Borrowers must assert MSME status early—not as a belated shield against recovery; 4. Pro-Knits remains good law, but cannot be misused for strategic inaction. The judgment is a crucial precedent on procedural fairness, early invocation of MSME rights, and the limited scope of Article 32 in commercial disputes. Full analysis: https://lnkd.in/gUjF_vBd #SupremeCourt #MSME #SARFAESI #BankingLaw #DebtRecovery #Article32 #ProKnits #LegalUpdate #Insolvency #FinanceLaw #CreditEnforcement #IndiaLawLLP