Right to be Forgotten in India: A Hustle over Protecting Personal Data

Kunal Garg analyses the Right to be Forgotten in India in the light of the Draft Personal Data Protection Bill, 2018.

Inclusion of Taiwan's membership in the International Civil Aviation Organization ("ICAO") from a legal perspective

Vikrant Pachnanda comments on Taiwan’s inclusion in the ICAO from a legal perspective.

Eligibility Of Resolution Applicants Under The Insolvency And Bankruptcy Code, 2016

Raghav Pandey and G S Sreenidhi discuss the evolution of provisions relating to eligibility of Resolution Applicants under the Insolvency and Bankruptcy Code, 2016.

Prudential Norms for Resolution of Stressed Assets in India - An Analysis of the New Framework

Anand Tripurari and Ayushi Mishra comment on a new framework that has come in place with respect to prudential norms for resolution of Stressed Assets in India.

Starvation Death

Rishabh Jain analyses as to why starvation death should made a criminal offence in India.

Conundrum Surrounding Applicability of Moratorium under IBC to Attachment Proceedings under PMLA

Prabhakar Yadav comments on the inter-relation of the applicability of moratorium under the IBC and attachment proceedings under the PMLA.

The 2018 Insider Trading Amendment: A Step in The Right Direction?

Sara Jain and Swapnil Singh comment on whether the 2018 Insider Trading Amendment is step in the right direction or not.

Central Bank Autonomy in India: The Delicate Balance of “the Elected” and “the Experts”

This article attempts to explore the legal, jurisprudential and policy aspects of Section 7 of the Reserve Bank of India Act, 1934 in the backdrop of the recent controversy surrounding the government’s proposal to issue directions to the Reserve Bank of India writes Ankur Sood.

Cross Border Insolvency: Why India Should Adopt the Uncitral Model Law

Cross border insolvency is one the current problems faced by India. In order to attain the trust of the foreign investors there is a need of proper procedure established by the legislature in accordance to cross border insolvency. Sarthak Jain and Anushka Sheth give an analysis of the public notice issued by Ministry of Corporate Affairs with respect to whether it be a right choice for India to adopt the United Nation Model Law.

M/s Instyle Exports case: Dark side of Section 11 of IBC

Kahnav Mahajan writes about the dark side of Section 11 of the Insolvency and Bankruptcy Code, 2016.

Squeezing Out the Minority: The Power of a Company to Reduce its Share Capital

Anushka Sharma analyzes the squeeze-outs effectuated under section 66 of the Companies Act, 2013 and discusses the regulatory framework governing them along with delineating the role played by regulatory bodies such as SEBI in this area. It then understands the position of the minority shareholders in this context by discussing various judicial pronouncements on the issue and highlights the need for safeguarding the interests of the minority shareholders.

Resolving Ambiguity Regarding Taxability of Earn Out Consideration in India

The present article is an attempt to enumerate upon the tax treatment of earn out consideration in Merger and Acquisition transactions. It argues that the present position in India with regard to taxing of such transactions, has not been stable, owing to varied interpretations by the Courts. Henceforth, the objective of this article is mainly to ascertain the global best practices regarding the taxability of such transactions and provide a viable solution in the Indian context writes Rohitesh Tak.

The regulation of ex parte arbitrator interviews in ICSID: A proposal

International arbitration is the preferred means of settling cross-border disputes. One reason for this phenomenon is the fact that international arbitration grants parties the ability to choose who will preside over their dispute. This empowerment is arguably even more valuable in investment disputes, which typically involve a power imbalance between the disputing parties, with private investors bringing claims against sovereign States.

Leading evidence in a Section 34 challenge to an award – The Supreme Court clarifies what is permissible

Shalaka Patil explains what the Supreme Court of India has clarified what is permissible with respect to leading evidence in a challenge under Section 34 of the Arbitration and Conciliation Act to an arbitral award.

Cryptocurrency: 21st Century Myth or Future’s Money?

Presently, Internet and Mobile Association of India (IAMAI) has filed a writ petition in the Supreme Court against the Reserve Bank of India’s (RBI) notification released on April 6, 2018 terming it as arbitrary. This notification prohibits, entities regulated by RBI, their services to entities which operate in cryptocurrencies. Ayushi Gupta attempts to provide legal status of cryptocurrency in India in the light of RBI’s decision.

Insolvency and Bankruptcy Code and the Plight of Home-Buyers

This article aims at highlighting the problems faced by the home-buyers under the Code with the help of decisions of various judicial forums write Mohit Khandelwal and Purvi Nanda. The article is a detailed analysis of the judicial decisions and legislative actions that have culminated into the Insolvency and Bankruptcy Code (Amendment) Ordinance and henceforth, addressed and resolved the plight of millions of home-buyers who were otherwise remediless and status-less under the insolvency law of the country. Furthermore, the article has succinctly discussed the rights available with the home-buyers by the virtue of the Ordinance.

The Identity Dilemma

The instant article is an endeavor to highlight the overhauling issue associated with laws prohibiting disclosure of identity of victim of sexual offences writes Shreya Singh and Apoorv Pandey.

Resolution of Stressed Assets in India- An Analysis of the New Framework

Anand Tripurari and Ayushi Mishra analyse the framework revolving around the resolution of fixed assets in India.

Transparency the need of the hour!

Vikrant Pachnanda comments on transparency being the need of the hour as far as constitution of benches and allocation of cases in the Supreme Court is concerned.

Bankruptcy Code: Ghost of Retrospectivity Returns to Haunt

Swati Sharma, M.S. Ananth, Sahil Kanuga and Pratibha Jain comment on the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2017 that just recently came into force.

Analysing the Working of the GST Council from the Perspective of Fiscal Autonomy of the States

The GST Council is a constitutional body that was envisaged to play a key role in the implementation of GST – and act as a platform where the Centre and the States can make collective decisions on a range of issues relating to the GST. Till date, the Council has taken various decisions that were necessary for transitioning towards the new GST regime. The change in constitutional framework brought about by the GST and the working of the GST Council have significant implications for the fiscal autonomy of the State Governments. This article aims to examine the working of the GST Council and its consequential impact on the fiscal autonomy of the State Governments write Varun Kannan and Prashant Shukla.

Impact of GST on Infrastructure

“Difficult roads lead to beautiful destinations.” - Anonymous

Analysis the Legal Viability of 'No Pregnancy Clauses' in Film Contracts

A no-pregnancy clause (‘NPC’), i.e. a clause forbidding pregnancy, is generally found in employment contracts, and provides that a breach of the clause would lead to termination of employment. While facially gender neutral, these clauses obviously kick-in only for females. This article aims to identify whether such clauses in film contracts will withstand legal scrutiny in India writes Ayushi Singhal.

Consequences of Brexit for the United Kingdom- An EU air law perspective

Vikrant Pachnanda analyses the consequences of Brexit for the UK from an air law perspective.

The Sarai Act of 1867 – Time to let go

Alabh Anant Lal writes on The Sarai Act of 1867 and analyses its relevancy.

BIG Data: A Challenge to Data Protection?

Dr. Subhajit Basu and Rhyea Malik assess the capacity of the existing Indian regulatory framework to withstand the challenges posed by pervasive data collection and big data processing.

Competition Commission nips litigation at the bud - Dismisses cases against Ola and Uber

Payel Chatterjee, M.S. Ananth and Pratibha Jain comment on the Competition Commission of India upholding that access to funding and innovative technology or models enabling an entity to provide discounts and incentives does not create entry barriers and is not anti-competitive.

The Judicial Interpretation of Temple Archaka Appointments and State Intervention: An unresolved Dichotomy

On the 16th of December 2015, the Indian Supreme Court ruled on a matter that embodied a longstanding tension between the freedom to practice traditional - religious customs and concerns of caste discrimination comments Arpan Banerjee.

The beefed up ban in Maharashtra

Raghavi Viswanath and Surbhi Sharma comment on the Maharashtra legislature recently passed the new Maharashtra Animal Preservation (Amendment) Bill, 1995 which has enforced a blanket ban on the slaughter of cows, bulls and bullocks (which was previously allowed based on a fit-for-slaughter certificate).

Contrasting Conflict: Lowering the Age of Juvenile Justice

Dhruva Sareen comments on the contrasting conflict that could arise by lowering the age of juvenile justice.

Overview of Data Protection in the EU and US

Alan Meneghetti and Bart Huffmangive an overview of data protection in the United States and the European Union.

Operation Successful, Patient Dead

Arush Khanna writes a short piece on how one should uphold Linclon’s ideals which call for identifying alternate mechanisms of resolution for the various types of disputes in our country and make Dickens picture of litigation a thing of the past.

Legal Jottings

Late Prof. (Dr.) V.S. Mani shared his interesting experiences during his two stints as Legal Advisor to the Republic of Nauru.

Crossing Borders in International Air and Space Law

Prof. Pablo Mendes De Leon discusses principal aspects of international air and space law. It draws parallels between the two fields of law, namely, air and space law, while marking the differences. Both fields of law are part of international law. This affiliation, coupled with the occurrence of topical developments in air transport and space activities, invites to examining interesting multilevel jurisdictional questions, in which various layers and fields of law interact. According to him, if we want to contribute to the realisation of the ultimate purpose, namely, the healthy and balanced development of a global aviation and space industry, we must be prepared to cross borders including the borders of our own field of interest – be it air law, space law, other fields of law, or the conduct of a specific policy. All these fields and interests should be prepared to learn from each other, in an interdisciplinary fashion, so as to achieve a fruitful osmosis of all those directions. The author was delighted to present this article to the Editorial Board of the India Law Journal at a time when preparations were being made for the organisation of the first international air law moot court ever. This event was jointly organised by the distinguished Sarin Memorial Legal Aid Foundation, established in India, and the International Institute of Air and Space Law of Leiden University, The Netherlands, and took place from 1 to 6 March 2010 in New Delhi.

Prohibition of Advertisement in the Legal Services Sector

Advertisement in the legal services sector unlike many other sectors like retail, entertainment, aviation, telecom and apparels among others is banned in India. M.L.Sarin and Harpreet Giani talk about the impact that this ban will have on Indian legal services.

Changing perspectives in the profession: are young lawyers taking the ‘L’ out of ‘Learning’?

Rajiv K. Luthra talks about how young lawyers are getting attracted towards increasing pay packages and are taking the ‘L’ out of learning.

Corporate Law vis-a-vis litigation

The robe clad barrister is history. Today a corporate lawyer has to be a able to wear a business man's hat writes Vikrant Pachnanda.

Corporate Lobbying and Corruption-Manipulating Capital

In India the word "lobbying" has recently acquired a whole new dimension after revelation of the Income Tax Department tapped phone conversations of an individual lobbyist which in turn revealed an unholy nexus between politicians, corporates, journalists and lobbyists writes Diljeet Titus.

Challenging the Indian Revenue Authorities: The Binding Value of Circulars Issued in Violation of Taxing Statutes

Priya Urs seeks to characterise and evaluate the varied positions of law that have been adopted by the Judiciary in its interpretation of the binding value of circulars issued by the CBEC and the CBDT under several taxing statutes. Further she address the questions posed above, and ultimately offer a critique of the approach adopted by the Supreme Court of India in capturing some perceivable degree of certainty as to the nature of circulars issued, and their binding effect upon administering bodies, assessees and adjudicatory authorities respectively.

Legal issues in regulating the Clinical Drug Trials on human beings in India- Balancing economic opportunities with public health

Mohd. Humaid comments on the legal issues regulating clinical drug trials on human beings in India and makes an attempt to balance economic oppurtunites with public health in this regard.