Publications

The article explains the Bill's proposed expansion of "bankers' books" to include physical, electronic, digital, virtual and cloud-based records, along with provisions recognising electronically generated records and digital signatures. Samarth notes that the reforms could reduce procedural delays and technical objections surrounding banking records in litigation, while emphasising that safeguards relating to authenticity, audit trails, cybersecurity and evidentiary reliability will remain critical to the Bill's practical effectiveness.

The article examines how fragmented institutional responsibilities can create regulatory gaps across issues such as accountability, safety, data governance, and technological standards. Samarth highlights that India's challenge is not merely the absence of a dedicated AI law, but the need for stronger coordination among existing authorities to ensure coherent and effective governance as AI adoption expands across sectors.

The coverage underscores that a well-defined institutional framework may prove more significant than isolated regulatory interventions in addressing rapidly evolving AI-related risks.

The coverage examines the service-law implications of departmental examinations during probation, including the consequences of limited examination opportunities, the operation of the Recruitment Rules, and the administrative obligation to conduct examinations as contemplated under the CAG's circulars. Samarth's submissions supported the petitioners' case that the applicable framework contemplated six examination opportunities, with the Court finding a prima facie case and continuing protection for eligible petitioners.

The order highlights the continuing questions surrounding probation-related service rights and the administrative consequences of failing to provide the examination opportunities contemplated under the governing framework.

The article examines the RBI's introduction of a single designated repatriable rupee account to handle investment, redemption, and repatriation, alongside a doubling of individual investment limits in listed companies from 5% to 10% and a widened investor base now covering all individuals resident outside India.

Samarth submits that mature economies compete not only on investment returns but on regulatory predictability, and that simplifying compliance and easing fund repatriation strengthens India's regulatory credibility with global investors. He further notes that the central question is not whether India can attract capital, but whether its legal framework can allocate that capital efficiently, adding that reduced compliance costs achieved without diluting oversight make Indian markets more globally competitive.

The piece argues that while grades, internships, moots and publications are visible and measurable markers of a student's progress, the bond built with a teacher through consistent attendance, engagement, sincerity and intellectual growth is less visible but carries disproportionate weight later in academic and professional life. Samarth notes that this becomes especially significant for students pursuing an LL.M. abroad, where a letter of recommendation can supply the context a transcript cannot, speaking in ways that grades alone cannot capture.

He further submits that teachers who have observed a student's habits of mind over time often become quiet sources of credibility, connecting former students to opportunities across the Bar, Bench, academia and industry. Samarth concludes that such relationships must be genuine and sustained rather than transactional, and that being remembered well by one's teacher may be among the most valuable investments a law student makes in their own professional formation.

The article distinguishes the two processes as a matter of law. Registration effects a transfer of title through instruments such as a sale deed, whereas mutation is the administrative correction of municipal or revenue records for taxation and record-keeping purposes.

Samarth sets out the practical consequences of omitting mutation, including exposure to property tax disputes, government notices, utility connection issues, building permission complications, loan and compensation hurdles, and future title disputes arising from mismatched records. He clarifies that although mutation does not confer title, failure to effect it can subject even a registered owner to avoidable legal, financial, and administrative liability.

The article discusses how a passport, while a significant government-issued document and strong evidence of nationality, does not constitute conclusive proof of citizenship, which remains a statutory status governed by the Constitution and the Citizenship Act, 1955.

Samarth explains the evidentiary value of passports, the significance of the recent MEA clarification, and the judicial position on citizenship documents. He further notes that citizenship cannot be inferred from travel documents alone, particularly in matters involving fraud, suppression, or questions of statutory eligibility.

The article distinguishes biological parentage from legal status as the governing test for property and succession rights, and considers the legal consequences of informal caregiving arrangements undertaken without a formal adoption.

Samarth clarifies that succession rights turn on legal status rather than emotional or social recognition. He explains that a child validly adopted under law occupies substantially the same legal position as a biological child for purposes of intestate succession, whereas a child raised informally, without a valid adoption, acquires no automatic right of inheritance.

The article traces his entry into the profession, shaped by early exposure to legal practice, formal legal training in Delhi, and an LL.M. in International Business Law from the London School of Economics. It canvasses his views on legal education, litigation strategy, public law, commercial disputes, State responsibility in sports-related matters, bail jurisprudence, due process, tribunal reform, service law, and mentorship for postgraduate law aspirants.

Samarth also discusses his engagement in matters involving national athletes, high-profile criminal litigation, and insolvency proceedings, alongside guidance for LL.M. applicants. The piece frames law as both a public responsibility and a continuing discipline, underscoring the importance of honest advocacy, institutional accountability, and structured mentorship in the development of legal careers.

The article examines the legal implications of the Court's review of Sajjan Singh v. State of Madhya Pradesh, including concerns that a third judge could reopen issues on which the original two-judge bench had already recorded unanimous findings.

Samarth submits that while a referee judge must possess sufficient competence to appreciate the matter, that authority should not extend to disturbing unanimous findings recorded by the prior bench. He further notes the Court's expressed reservations regarding an expansive reading of tie-breaker jurisdiction and the need for doctrinal clarity on this procedural mechanism.

The larger bench's ruling is expected to settle questions of finality, fairness, and judicial discipline in criminal appellate proceedings.

The article demonstrates how family wealth now extends well beyond land, homes, factories, and shops to encompass shareholding, voting rights, promoter control, trusts, real estate, intellectual property, board positions, and lender or investor confidence. It examines why succession disputes increasingly escalate from private family disagreements into business-continuity risks and litigation, including oppression and mismanagement claims under the Companies Act.

Samarth highlights the growing complexity of succession planning in promoter-led enterprises and advocates structured transition plans, defined governance protocols, and early communication within business families. He explains that unclear succession structures can precipitate litigation, leadership uncertainty, erosion of market value, and creditor concern, rendering proactive estate planning essential to both corporate governance and investor protection.

The coverage examines the service-law implications for elite athletes accepting State roles, including protection against discontinuation, the risks attendant on relinquishing secure prior posts, and the broader question of how public-sector appointments for decorated sportspersons are administered and stabilised.

Samarth notes that the Tribunal found an arguable case, issued notice to the Delhi government, and granted interim protection until the next hearing on August 19, underscoring the continuing uncertainty surrounding administrative follow-through, job security, and the institutional treatment of athletes following major international achievements.

The article examines the regulatory and legal dimensions of the ruling, including TRAI's statutory authority, the treatment of viewer experience as an element of quality of service, and the resulting limits on broadcasters' commercial freedom. Samarth observes that the ruling extends the scope of broadcast regulation beyond tariffs, interconnection, and technical quality, directly affecting advertising inventory, pricing, sponsorships, and prime-time monetisation.

His analysis further addresses the impact on news, regional, and free-to-air channels, advertiser strategy, the regulatory asymmetry between digital and traditional television, and prospective challenges founded on proportionality, statutory purpose, and consultation. The ruling carries significant weight for television's evolving business model, consumer protection, and the broader debate on harmonised media regulation.

The article examines the mounting burden on India's justice system, including rising court pendency, inadequate judicial infrastructure, ongoing tribunal reform, and the implications of proposed tribunal legislation following constitutional challenges to the Tribunal Reforms Act, 2021.

Samarth submits that legislative and executive action must account for the likely increase in caseload, judicial strength, staff, courtrooms, and overall institutional capacity before adding to the burden on the justice system. He further contends that responsible law-making requires infrastructure planning, and that poorly designed reforms can themselves generate prolonged litigation.

The coverage examines the challenge to repeated ad hoc extensions in government sports posts despite years of regular administrative service, and considers the broader legal questions arising from prolonged ad hoc employment in public service.

Samarth's submissions addressed service regularisation, legitimate expectation flowing from the terms of appointment, continuity of benefits, and protection against termination. In Sharad Kumar's matter, he further pressed the need for disability accommodation under the Rights of Persons with Disabilities Act.

This matter carries significance for the treatment of internationally decorated athletes appointed to public roles, the legal limits of extended ad hoc employment, and the obligation of government authorities to ensure fair service conditions and reasonable workplace accommodation.

He explains that possession and ownership are legally distinct concepts, and that residing in a house long-term does not by itself establish title. He notes that legal ownership can only rest on grounds such as inheritance, partition, a gift deed, a will, relinquishment, a court order, or a valid family settlement, and clarifies that everyday documents like Aadhaar cards, electricity bills, or property tax receipts serve only administrative or KYC purposes and carry very limited evidentiary weight in ownership disputes.

Samarth submits that such documents can show only that a person was residing at or connected to a property, never that they hold title to it, and that they can never substitute for a sale deed, gift deed, or registered will. He further notes that even a newspaper notice disowning a family member does not legally exclude them from inheritance, and that in the absence of a valid will, succession law alone governs how a self-acquired or ancestral property devolves.

The CBI stated that it laid a trap upon receiving a complaint and apprehended the accused while he was allegedly accepting part payment of the bribe, following which he was remanded to judicial custody.

The defence submitted that the accused had earlier found the same employees, who subsequently became complainants, consuming alcohol during working hours, and further argued that the accused posed no flight risk while continued custody beyond two days would trigger automatic suspension from service.

The CBI court accepted these submissions and granted bail prior to the expiry of the judicial remand period; an outcome the article characterises as comparatively rare.

The report assesses the conciliation and arbitration frameworks NHAI employs to resolve contractual disputes with contractors and concessionaires, including the Conciliation Committee of Independent Experts mechanism, against the backdrop of substantial pending claims and counterclaims in the sector.

Samarth evaluates the efficiency of existing dispute resolution timelines and settlement outcomes, and considers structural reforms capable of reducing arbitration backlogs and accelerating the completion of stalled highway projects.