Indian Journal for Research in Law and Management
Advancing Law and Management
ISSN No. : 2583-9896
ISSN No. : 2583-9896
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Abstract
The intersection of the Arbitration and Conciliation Act, 1996 and the Insolvency and Bankruptcy Code, 2016 (IBC) presents one of the most intriguing statutory conflicts in modern Indian commercial jurisprudence. While arbitration is founded on party autonomy, consensual dispute resolution, and private adjudication, the IBC is driven by a collective, time-bound, and creditor-centric insolvency resolution […]
Abstract
The Supreme Court’s decision in *ArcelorMittal India Pvt. Ltd. v. Satish Kumar Gupta* (2019) represents a significant judicial interpretation of Section 29A of the Insolvency and Bankruptcy Code, 2016, particularly concerning the eligibility of resolution applicants and the prevention of defaulting promoters’ indirect participation in corporate insolvency resolution. This case commentary examines the factual circumstances […]
Abstract
Section 69(2) of the Indian Partnership Act, 1932, bars unregistered partnership firms from enforcing rights arising from contracts. However, its application to suits for recovery on dishonoured cheques remains doctrinally unsettled, particularly where Sections 30 and 37 of the Negotiable Instruments Act, 1881, independently impose liability upon the drawer. This article examines the conflicting judicial […]
Abstract
In June 2023, three board members of BYJU’S quit within a few days of each other. These weren’t minor appointees they represented Peak XV Partners (formerly Sequoia India), Prosus, and the Chan Zuckerberg Initiative. Just before that, Deloitte walked away as an auditor, saying it hadn’t gotten the financial records it needed. After all this, […]
Abstract
The development of the Metaverse has introduced new forms of digital assets, including virtual land, avatars, digital clothing, collectibles, artwork and non-fungible tokens (NFTs). These assets can possess considerable economic value and may be bought, sold or transferred between users. However, their legal status remains uncertain. The central difficulty is determining whether a person who […]
Abstract
For middle class families in India a home is the largest purchase that they will ever make. It is paid for in instalments that are saved over years. Then the builder stops picking up calls. The homebuyer learns that the company is in insolvency proceedings. At that point the family’s biggest financial decision becomes its […]
Abstract
Mergers and acquisitions (M&A) in India are not simply private matters between two companies once a deal crosses certain size thresholds, it becomes a matter of public interest, and the Competition Commission of India (CCI) must review it before the transaction is allowed to take effect. This process exists so that a merger cannot quietly […]
Abstract
Censorship in India operates at the intersection of freedom of expression and the State’s responsibility to protect public order, national security, morality, and other constitutionally recognised interests. Article 19(1)(a) of the Constitution guarantees freedom of speech and expression, while Article 19(2) permits the State to impose reasonable restrictions on that freedom on specified grounds. Indian […]
Abstract
Family Courts play a significant role in India’s justice delivery system by providing a specialised and conciliatory mechanism for resolving matrimonial and family disputes. Established under the Family Courts Act, 1984, these courts aim to promote reconciliation, mediation, confidentiality, and child welfare. However, their practical functioning raises concerns regarding accessibility, procedural efficiency, institutional capacity, and […]
Abstract
The Constitution of India is often described as the supreme law of the land. Yet, it is not a document that acquired its present meaning on 26 January 1950 and remained unchanged thereafter. Indian constitutional law has evolved through political struggle, constitutional amendments, parliamentary practice and, most importantly, judicial interpretation. Its evolution is therefore not […]