Insights
India has emerged as one of the world’s most attractive investment destinations, offering a vast consumer market, a rapidly expanding digital economy, a skilled workforce and a sophisticated legal and regulatory framework. For foreign corporations, multinational enterprises and international investors, entry into India presents significant commercial opportunities across sectors such as manufacturing, technology, e-commerce, infrastructure, financial services and renewable energy. At the same time, successful market entry requires careful navigation of India’s corporate, foreign investment, tax, employment and regulatory laws.
The Supreme Court of India, in a significant and widely discussed order, has permitted authorities to carry out euthanasia of rabid, incurably ill, and demonstrably dangerous stray dogs in accordance with statutory procedures. The ruling came in the suo motu matter titled IN RE: “CITY HOUNDED BY STRAYS, KIDS PAY PRICE”, SMW(C) No. 5/2025, along with connected cases. The judgment reflects the Court’s attempt to balance two competing concerns protection of animal welfare and protection of human life and public safety.
Employment agreements constitute the foundational legal instrument governing the relationship between an employer and an employee. In the Indian legal framework, such agreements serve not merely as contractual documents but as comprehensive instruments defining rights, obligations, fiduciary duties, confidentiality standards, dispute resolution mechanisms, and post-employment restrictions. A meticulously drafted employment contract is indispensable for ensuring regulatory compliance, mitigating litigation risk, and preserving organisational interests. The enforceability of employment agreements in India is governed by the Indian Contract Act, 1872, the Industrial Disputes Act, 1947 (to be subsumed under the Industrial Relations Code, 2020 upon notification), the Shops and Establishments Acts of various States, the Payment of Wages Act, 1936, the Payment of Bonus Act, 1965, and sector-specific regulations. Judicial interpretation has consistently affirmed that while parties possess contractual autonomy, such autonomy remains subject to statutory mandates and principles of public policy.
The Supreme Court of India has taken a significant step towards ensuring timely adjudication of disputes arising out of State Bar Council elections by constituting two additional Election Tribunals. The decision came in the matter of SAVITA DEVI @ SAVITA DHANDA AND ORS. V. UNION OF INDIA AND ORS. a case that raised important concerns regarding transparency, electoral procedures, reservation policies, and delays in resolving disputes connected with Bar Council elections conducted across various states. The order was passed by a Bench comprising Justice Surya Kant and Justice Joymalya Bagchi. Recognizing the growing number of election-related litigations and the necessity of expeditious disposal, the Court directed the Bar Council of India (BCI) to formally notify the newly constituted tribunals within three days after obtaining consent from the appointed members.
In today’s complex commercial environment, businesses increasingly seek dispute resolution mechanisms that are efficient, confidential and commercially pragmatic. Arbitration has emerged as the preferred method for resolving domestic and international commercial disputes, offering parties a private adjudicatory process that combines procedural flexibility with legally binding outcomes. For corporations, investors, financial institutions and multinational enterprises, arbitration provides a strategic alternative to traditional litigation and plays a critical role in preserving commercial relationships while ensuring enforceability of contractual rights.
In a significant ruling concerning landlord-tenant disputes, the Supreme Court in Dharmendra Kalra & Ors. v. Kulvinder Singh Bhatia clarified that a tenant’s defence cannot be struck off mechanically under Order XV Rule 5 of the Code of Civil Procedure, 1908, without first determining whether the default in depositing rent was wilful or bona fide. The judgment is important because courts across India frequently deal with eviction suits where landlords seek striking off the tenant’s defence on the ground of delayed or non-payment of rent. The Supreme Court emphasized that such power, though available to courts, must be exercised cautiously and only after satisfying certain foundational requirements. A bench comprising Justice S.V.N. Bhatti and Justice Prasanna B. Varale delivered the ruling.
In a significant judgment impacting India’s energy sector and the interpretation of indirect tax laws, the Supreme Court of India has held that the supply of natural gas from the KG-D6 basin in Andhra Pradesh to buyers in Uttar Pradesh constitutes an inter-State sale under Section 3(a) of the Central Sales Tax Act, 1956 (CST Act). Consequently, the State of Uttar Pradesh cannot impose Value Added Tax (VAT) on such transactions. The decision came in the case of:
The independence of the Election Commission of India (ECI) has once again come under intense judicial scrutiny. In a significant hearing before the Supreme Court, serious constitutional concerns were raised regarding the composition of the selection committee responsible for appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs) under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The matter, titled Dr. Jaya Thakur v. Union of India, has become one of the most important constitutional cases concerning electoral democracy and institutional independence in recent years. The bench comprising Justice Dipankar Datta and Justice Satish Chandra Sharma examined whether the 2023 legislation undermines the constitutional requirement of maintaining an independent Election Commission by allowing the executive to dominate the appointment process.
