Articles
Entry of foreign law firms - what is not yet done in 20 years
Akshat Pande shares thoughts on the entry of foreign law firms in India and highlights the need for reforms of the legal sector.
Rethinking Penalty Assessment: Examining the Shift from Relevant to Global Turnover
This article conducts a meticulous examination of the underlying rationale behind penalty assessments under the Competition (Amendment) Act, of 2023, tracing the evolutionary trajectory from past interpretations to present practices. Further it also advocates for alternative approaches, drawing insights from global best practices, and emphasizes the paramount importance of striking a delicate balance between deterrence and equity. By advocating for a recalibration of penalty assessment methodologies, this article endeavours to foster a competitive landscape in India that not only upholds fundamental rights but also nurtures a conducive environment for economic growth and innovation write Sameer Rahman and Sameer Goyal.
A Step Towards Digital Competition Law in India
In 2002, India implemented competition laws to reduce anti-competitive behavior, promote market competition, and protect consumer interests. The article highlights the importance of amending the Competition Act of 2002 in light of digitalization and the Ministry of Corporate Affair’s 53 reports on anti-competitive practices by big tech companies in the context of digital competition law, where new technologies can create challenges and opportunities for businesses, consumers, and competition authorities writes Ayushmaan Chouksey.
Shooting in the Dark: A Critical Analysis of Historical Approaches Aimed at Regulating Multinational Enterprises by Host and Home States
Aaliya Waziri comments on why should Multinational Enterprises be regulated in the first place.
Judicial paradigm in gyanvapi and shahi idgah mosque cases: A threshold to religious disputes and restoration demands
This article advocates for preserving secularism, religious freedom, and cultural harmony in India. It examines the legislative journey of the Places of Worship Act, from its 1961 origin as a bill aimed at restoring religious sites to its 1991 enactment. Contrasting the original bill's intent with the final Act's objectives, it highlights the legislative discourse evolution on safeguarding sacred sites writes Devashish Vashishth.
Post Transaction Due Diligence
Christopher Davis and Linda Spedding outline the benefits of undertaking post transaction due diligence activity to achieve the aims of the acquiror/ investor/ funder.
The urinating incident on board AI-102: A legal perspective
Vikrant Pachnanda analyzes the recent urinating incident on an Air India flight from New York to New Delhi from a legal perspective.
Which Closed Doors Does Namaste Knock?
AKHIL SURYA assesses the Social Component and Working of Existing Laws.
Recovery Certificate under Debt Recovery Law is not limited to winding up proceedings only but extends to IBC: Clarifies Supreme Court
Ravi Charan Pentapati comments on clarification given by the Apex Court on the aspect of a recovery certificate under the Debt Recovery Law not being limited to winding up proceedings only but further extending to the Insolvency and Bankruptcy Code.
Weaving State-Funded Mediation into the Fabric of our Dispute Resolution Mechanism
Aaliya Waziri and Saurabh Shashi Ashok analyse how studies indicate that an early resort to mediation saves money and time thereby allowing parties to progress from their dispute with a satisfactory outcome.
Devas & Antrix Dispute: Fraud as a ground of winding-up, Did Supreme Court unbolted a pandora’s box?
The Supreme Court has brought an end to an 11-year-long court battle between the Indian Space Research Organization's (ISRO) commercial right limb, Antrix Corporation Private limited (Antrix), and Devas Multimedia Private Limited (Devas) by in a recent decision, upholding the orders of the National Company Law Appellate Tribunal (NCLAT) regarding the winding up of Devas writes Avnip Sharma.
Gender Neutrality in India and it’s Analysis
Gender inequality is one of the most visible symptoms of inequality on Earth writes Prachi Dubey.
Common Gaming Houses And Gambling Laws In India
Prachi Dubey analyses the prevalent gambling laws existing in India.
Jungle Justice: The New Justice Swing Of The Indian Populace
This Article aims to delve into the issues pertaining to the growing menace of vigilantism or 'jungle justice' in India writes Prachi Dubey.
The Dispute between WhatsApp, IT Rules 2021, and Human Rights for a Pursuit of Privacy
The article highlights the importance of privacy in democracy and why the state should take serious measures to protect privacy describing the utmost duty of the state under article 21 of the Indian Constitution writes Shivansh Dwivedi.
Taxability Of Exporting Intermediary Services Under The GST Regime: Analysing The Legislative Stalemate
The Central Board of Indirect Taxes and Customs (CBIC) has recently released a notification, clarifying the scope of intermediary services. Malika Tiwari, Krisha Bhimani & Aaishani Kothari scrutinises the in light of the jurisprudence underlying the GST regime in India.
Directors’ ‘fiduciary’ Duty- A Critical Analysis through a global comparative study emphasizing on the Indian Perspective
Rahul Kanna writes on the growing global codification of laws with regard to directors duties and the Companies Act,2013 with its much needed extensive overhaul resulted in codification of directors duties and liabilities under Section 166, Companies Act,2013.
Dispute Settlement at the WTO: The Challenge of re-establishing a functioning Appellate Body
Noyanikka Batta examines the interim measures and the possible solutions for bringing the Appellate body out of its forced hibernation against the background of the crisis.
International Commercial Arbitration : Important Considerations For An Ever-evolving Landscape
Vikas Dutta and Rajesh Jha aim to analyse the recent developments in favour of party autonomy and answer the questions regarding the jurisdictional issues, the applicability of Part I of the Act on such Arbitrations, the interplay between ‘seat’, ‘venue’ and ‘place’ and other relevant aspects.
Denial of Entry of Women to Religious Shrines: Constitutional Analysis
This article highlights the shortcoming of the Essential Religious doctrine and suggests alternatives to this approach that will promote women’s liberty and dignity, without interpreting what forms a part of the religion and without interfering into the religious beliefs of the community writes Simran Upadhyaya.
The Fundamental Right to Marriage and the LGBTQ+ Movement in India
This article highlights how non-recognition of same sex marriages under the Indian law is violative of the fundamental rights guaranteed under the Constitution of India, in light of the Supreme Court judgement in Navtej Singh Johar v. Union of India writes Shipra Tiwari.
Evolutionary Review of Arbitration and Conciliation (Amendment) Act, 2021
Justice Fali S. Nariman has very often said “the development of arbitration in India is not attributable to the success in arbitration, rather to the failures of the Court”.
Arbitrary Arbitration: Dwelling into the Question of the Addition of the IV Schedule Amid Ginormous Cost of Judicial Adjudication
Mohit Singhvi and Madri Chandak seek to understand the efficiency and application of the IV Schedule to the Arbitration and Conciliation Act (hereinafter referred to as “the Act”) and bring into light the justifications behind addition of such schedule and also the burning question of such exorbitant fee of delivery of justice and its reach to the financially challenged.
Undermining Judicial Primacy? A Comment on the Tribunal Reforms Ordinance, 2021
Dushyant Kishan Kaul and Sagarika Kaul explore the aspect of judicial primacy in regulating appointments to such quasi-judicial bodies.
Legality of the diversion of Ryanair Flight FR4978
Vikrant Pachnanda comments on the legality of the recent diversion of Ryanair Flight FR 4978 by the Belarusian Government.
A brief overview on anti-religious conversion laws and the existing legal precedents.
This article will analyze anti-religious conversion, the impact of laws related to this, the opinion of various Courts and judicial authorities on these laws and directions set forth by these laws to ensure safety and security of those individuals who enter into inter-faith marriages writes Prachi Dutta.
Trials and Tribulations of ECI
This article proposes to examine the veracity of the recent observations made by Hon’ble Madras High Court against the Election Commission of India attributing the diabolical spread of Covid-19 to its alleged mismanagement and inaction in conduct of elections writes Eklavya Dwivedi.
Pre-packs – A Speedy Resolution Process?
Akriti Shikha analyses the concept of pre-packs and summarises the recommendations of the sub-committee report pertaining to the option of introducing a pre-packaged insolvency resolution process.
Affidavit: An Outdated Legacy in Court Procedures
B. K. Agarwal and Aditya Parolia commnent on whether affidavits are now an outdated legacy in court procedures.
EdTech Companies under the Consumer Protection (E-commerce) Rules, 2020
The Consumer Protection E-Commerce Rules, 2020 was introduced with a view to provide a definite set of rules that regulate the trading of goods and services through the electronic medium. The rules, framed under the Consumer Protection Act, 2019, aim to address the distinct issues that have arisen in the field of e-commerce in this age of online transactions. This article seeks to highlight the pertinency of the rules to the EdTech sector that has gained an increased momentum in the past year write Sahana Priya Satish and Raghavi Rajagopalan.
Analysing Proxy Contests as a Method of Corporate Restructuring in the Hands of Shareholders
The present article discusses the concept of proxy contests, the positives and negatives of resorting to proxy contests, the managerial defences being used for protection against such contests, the recent proxy contest cases of Hyundai Motor Corp/ Elliott Management and Third Point/Campbell Soup. Further, the research analyses the implications and takeaways for shareholders, management and others from the aforesaid case studies, leaving the same at a concluding mark and few suggestion writes Malika Tiwari.
Transfer of Winding Up Proceedings under the Insolvency and Bankruptcy Code - Why the Supreme Court needs to rethink its approach
In State Bank of India v. Shakti Bhog Foods, the question, whether IBC proceedings could commence post appointment of the Official Liquidator, is pending decision of the Hon’ble Supreme Court of India. The Supreme Court can use this case to settle the broader question, whether a fresh resolution process in every Saved Petition must be allowed without regard to S.446. Changing the current approach of the Company Courts and the NCLTs towards IBC proceedings in Saved Petitions would not only minimize value destruction, but also accommodate various stakeholder interests involved during winding up. This article establishes the reasons for doing so writes Akshata Singh.
SEBI Sandbox Regulations Framework: Testing the arms before battle?
Abhishek Iyer comments on the SEBI’s Sandbox Regulatory Framework.
PMLA v. IBC Conundrum: Is It Really Settled?
The Insolvency & Bankruptcy Code, 2016 functions as an exception to all the commercial laws in India. The non-obstante clause of the Code is still open to a lot of interpretation & litigation. One such debate is the applicability of moratorium over the attachment proceedings under the Prevention of Money Laundering Act, 2002. This article seeks to analyze the objectives of the two acts, their non-obstante clauses, and landmark cases with respect to their primacy over each other writes Nayani Agarwal.
Covid-19 and Indian Federalism: Through the Lens of the Disaster Management Act, 2005 and Fiscal Federalism
Sarthak Sethi attempts to examine the constitutional framework of the national lockdown, and evaluate the effects of COVID-19 on Indian Federalism.
E-Pharmacies In India: The Need For Regulation
Shebani Bhargava comments on the need for regulation pertaining to E-Pharmacies in india.
Agricultural ‘Liberalisation’ Reforms: The New Farm Bills And The Impact On Farm Income
Yash Jain comments on the impact of the new farm bills on farm income.
Support Taiwan’s inclusion in the World Health Organization - Eliminate gaps in global public health
Vikrant Pachnanda comments on how Taiwan should be included in the World Health Assembly especially after the outbreak of Covid-19 from a legal perspective.
The New Labour Codes Deliver a Mixed Bag of Assurances
Iqbal Tahir comments on the newly approved labour codes by the Indian parliament.
Need for Checks on the Functioning of Tribunals
Shikhar Verma comments on the need for checks on the functioning of Tribunals.
Revocation of Special Status- A New Dawn for Hindu Daughters of Jammu Region
A closer look of the existing power structure in J&K reveals that Hindu women residing in Jammu region has been at an extremely disadvantaged position against the patriarchal society and the overarching powers of the State Government. However, the revocation of special status under Article 370 of the Constitution of India has significantly altered the status quo in favour of this section of the society writes Siddharth Jasrotia.
The Insolvency and Bankruptcy Code – Not a Brittle Framework
Sourav Sardar examines the assertion of Dr. Urjit Patel as to whether the Insolvency and Bankruptcy Code has been really weakened due to the interventions of the Government or not.
Right to Privacy and The Personal Data Protection Bill of 2019: A Critique
Saharsh Saxena critically analyses the Personal Data Protection Bill of 2019 in the background of the right to privacy, and writes a critique of relevant provisions of the said bill, suggesting necessary changes which should be made to the bill, before it is voted upon.
‘Climate’ Wars in China?: A Historical Reflection to Predict Future Outcomes
This article employs a historiographical methodology to examine the role of the climate in so far as dynastic shifts in China were concerned write Dushyant Kishan Kaul.
Analysis on the omission of section 13 (1)(d) under the Prevention of Corruption Act 2018: Whether a beneficial legislation?
Purnendu Chakravarty, Anuuj Taandon and Shivanshu Goswami analyse whether omission of section 13(1)(d) under the Prevention of Corruption Act is a beneficial legislation or not.
Changing Doctor-Patient Relationships
This article focuses on the broad regulations which have come into force and analyses how the excess of it affects the lives of doctors which ultimately weakens the Doctor-Patient relationship write Karuunya Lakshmi and Chaitanya Subramaniam.
Criminalize Or Decriminalize S. 138: A Dilemma
Arth Singhal analyses whether decriminalizing the offence of ‘dishonour of a cheque’ is actually a step taken in the right direction towards improving the business sentiment and unclogging the court process or not.
An Insight Into The Insolvency And Bankruptcy Code (Amendment) Ordinance, 2020
Pallav Rathi writes an insight into recently introduced Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020.
Assessing the Role of the State in Collective Bargaining by Trade Unions
This article acknowledges that inequality in the bargaining power in employer-employee relationships still subsists. However, Dushyant Kishan Kaul proposes that there need not be a trade-off between equity and efficiency.
Resolving The Issues Arising Out Of FDI Norms Governing E-Commerce Sector In India
On 26 December 2018, the Department for Promotion of Industry and Internal Trade [“DPIIT”] had issued Press Note 2 (2018 Series) which introduced a series of changes in the FDI norms in the e-commerce sector. In this article, Mayank Udhwani argues that the changes which are introduced by the Press Note go against the very purpose of their introduction as it leaves every stakeholder in a worse off situation by allowing easy circumvention.
A Critical Analysis Of National Anti-Profiteering Authority And Its Constitutional Validity
This article deals with the validity and the constitutionality of Section 171 of CGST and the challenges which are faced by the implementation of this section, due to the uncertainty in the scope of Section 171 writes Harshal Sareen.
Electoral Bond Scheme – The Paragon Of Paradox
Balakrishnan.C and Nagarjun.S have analyzed on how the Electoral bond Scheme can be a threat to democracy and the Impact it creates on Black Money and Money laundering.
Jurisdictional Limitation Of A Constitutional Court In Light Of Covid-19
Neelabh Kumar Bist and Sikander Hyaat Khan argue that the Covid-19 pandemic, by itself and because of its consequences, is likely to invite writ petitions that will be constitutionally permissible but may be hit by the lack of jurisdiction due to the conjunctive reading of Article 226(2) and the doctrine of forum non-conveniens. The authors propose that the High Courts in these instances must use their discretion to rule in favor of their jurisdiction if a reasonable cause of action arises within their territorial jurisdiction, even if they may not be a convenient forum.
Sexual Harassment of Women at Workplace: A Primer on the Law
Prachi Dutta provides an analysis of the Sexual Harassment of Women at Workplace Act, 2013.
Breath Analyzers: A Boon Or A Bane?
Sanjeev Kumar and Anshul Sehgal comment on whether breath analyzers for pilots are a boon or a bane.
The power of judge to put questions: An Exception to the Adversarial Justice System?
Shivanshu Goswami and Prakhar Srivastava comment on whether the Judge has the power to ask questions.
Section 34(3) Of The Arbitration Act, 1996 : What Constitutes A Proper Filing
Gaurav Mitra explains the meaning of ‘proper filing’ while filing an application under Section 34 of the Arbitration & Conciliation Act, 1996.
Status Of Gambling In India: The Need For Uniformity
Rahul Rajpal comments on the need for uniformity on gambling throughout India.
Legal Framework concerning Web conferencing in India
Vikas Dutta explains the legal framework concerning web conferencing in India which has gain even more momentum especially because of the current global covid-19 pandemic.
One Nation, One Tax
Upasana Singh Bhagnani and Siddharth Addy do an exploratory research based on the extensive study of the 101st Amendment and Goods and Service Tax to understand the implication of the Amendments and what additional requirements will lead to the ultimate goal of One Nation, One Tax.
Competition Law Guidance for coordination amongst businesses in the age of COVID 19 disruptions
Vinay Kumar Sanduja comments on the competition law guidance for coordination amongst businesses due to the covid-19 pandemic.
COVID-19: Employment and Labor Issues qua termination and payment of wages
Vijay Purohit and Niketa Bangera comment on the employment and labour issues qua termination and payment of wages during the current ongoing covid-19 crisis.
A Critique On Protection Of Children From Sexual Offences (POCSO) Act
K.G. Prithvi and K.P. Manish acknowledge the intention of the Protection of Children From Sexual Offences and find it apt and mandatory to be critic of the Amendment Act, 2019, for being vague and are against the fair procedure of law.
The Consumer Protection Act: Understanding The Exception To “Commercial Purpose”
Gaurav Mitra explains the exception to the term ‘commercial purpose’ provided for in the Consumer Protection Act.
Is a Dedicated Indian Law for Air Passenger Protection the Need of the Hour Today
Vikrant Pachnanda comments on why there is a desperate need to have a dedicated law in India for air passenger protection especially in the light of the Covid-19 pandemic.
The Doctrine Of “Manifest Arbitrariness” – A Critique
Eklavya Dwivedi does a critical analysis of the doctrine of ‘Manifest Arbitrariness’.
Gliders Used For Sightseeing Are Covered By Insurance
Gaurav Mitra explains how the Supreme Court of India held that gliders used for sightseeing would be covered by insurance.
Covid-19 Pandemic And Indian Football
By Vidushpat Singhania & Gautam Karhadkar
The Covid 19 pandemic has disrupted how we live our lives. Football industry worldwide has also been hit hard. While FIFA has issuedCovid 19 guidelines, it has also stated that the national laws of the country willtake primacy, in a Member Federation’s jurisdiction. Due to this confusion prevails in Indian football, on how player salaries are to be paid, the validity of the contracts amongst others. The FIFA guidelines, CAS jurisprudence, decision of Indian courts and provisions of Indian law has been examined by Vidushpat Singhania and Gautam Karhadkar, to provide guidance to stakeholders in football.
Reverse Cirp On Real Estate Companies: More Confusion Than Clarity?
Chiranjivi Sharma and Soumyajit Saha seek to critically analyse a judgment on Reverse-Corporate Insolvency Resolution Process during the resolution process in view of the settled principles of law laid down by the Supreme Court as well as the legislative intent behind enacting the Code including all subsequent and proposed amendments.
An Era Of Appointing a Sole Arbitrator Comes To An End
Gaurav Mitra comments on the test that has been laid down, to determine the eligibility of an arbitrator to adjudicate upon a particular dispute.
Covid-19 Terror in India: Competition Law Challenges
Ankit Srivasatava comments on the competition law challenges that could arise in India due to the global outbreak of the Corona Virus.
Supreme Court Rules on Limitation Period for Execution of Foreign Judgments in India
Shweta Sahu, Moazzam Khan and Vyapak Desai comment on the recent Supreme Court ruling related to the period of limitation for execution of foreign judgments in India.
Impact of Covid-2019 on Contracts: Indian Law Essentials
Through this article, Kshama Loya Modani and Vyapak Desai attempt to focus on the impact of Covid-19 on performance of contracts, governed by Indian law, and set out practical considerations that could help businesses in these tough times.
The Right to the Internet: A Persistent Conundrum
“To suppress free speech is a double wrong. It violates the rights of the hearer as well as those of the speaker.” - Frederick Douglass
Mitushi Garg comments on the observations of the Hon’ble Supreme Court in the case of Anuradha Bhasin and Anr. v. Union of India pertaining to the right to access the Internet.
An Analysis of the Insolvency Framework for Insurance Companies in India
Pranav Prakash assesses the regulatory framework covering the insolvency of insurance companies and its effectiveness in safeguarding the interests of the insured in light of the insolvency law prevalent in India.
Juvenile Justice Act, 2015- Rationalising Inter-Country Adoptions
Gaurang Kanth comments the issue of inter-country adoptions in the light of the Juvenile Justice Act. 2015
A Critique of NCLAT's Decision in Piramal
Ankesh Kumar comments on the National Company Law Tribunal’s decision on whether the Corporate Insolvency Resolution Process could be initiated against the corporate guarantor when the principal borrower was not a body corporate and whether there could be simultaneous initiation of CIRP against two guarantors simultaneously.
Concurrent Power: Whether a tool for political gains?
Gaurang Kanth comments on the scope of current power in the light of the recently implemented rules under the Motor Vehicles (Amendment) Act, 2019.
Importance of Diversity while forming an Arbitration Tribunal
Vikrant Pachnanda comments on the importance of diversity while forming an arbitral tribunal.
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.
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