Lawpedia

Mansi Brar Fernandes v. Shubha Sharma: - Speculative Investors Under IBC? Right to housing is not merely a  contractual entitlement but a facet of the fundamental right to life under Article  21. Genuine homebuyers represent the backbone of India’s urban future, and their  protection lies at the intersection of constitutional obligation and economic  policy Citation:   2025 INSC 1110, decided on September 12, 2025    Issue:  This landmark ruling addressed the distinction between speculative investors and genuine homebuyers under the Insolvency and Bankruptcy Code, 2016, (" IBC ") and their role in initiating insolvency proceedings under Section 7 of the IBC.   Background:   The case involved two Financial Creditors—Mansi Brar Fernandes and Sunita Agarwal—who had entered into Memoranda of Understanding (MOUs) with corporate debtors. In Mansi Brar's case, she paid Rs. 35,00,000 for provisional allotment of apartments for a 12-mon...

Know what the Digital Personal Data Protection Act, 2023 (the “Act”) entails for you as a consumer or a business concern?           I.     At the outset, it is pertinent to note that the Act is strategically devised to balance the rights of the individuals and use ‘ personal data ’ for lawful purposes. We all are aware that the digital transactions have revolutionized the conduct of transactions and the collection of personal data as a part and parcel of the provisioning of the services by business concerns is an inevitable aspect.    Firstly, it becomes essential to delineate what constitutes as ‘ data’  ‘ personal data’ . The term ‘data’ and ‘personal data’ has been defined in the Act as under: (i)       “data” means a representation of information, facts, concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by human beings or by automated means; (ii) ...