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
IHub-and-spoke arrangements present a fundamental challenge for competition law: how can a horizontal cartel be established when competing firms, the spokes never communicate directly? The Competition (Amendment) Act 2023 addressed one side of this problem by inserting a proviso to Section 3(3) that extends liability to intermediaries facilitating such arrangements. Yet it left unresolved the […]
Abstract
The doctrine of clog on the equity of redemption occupies a central place in the jurisprudence of mortgage law. Rooted in the equitable maxim “once a mortgage, always a mortgage”, the doctrine seeks to protect the mortgagor’s inherent right to reclaim the mortgaged property upon discharge of the debt. Under Indian law the right finds […]
Abstract
This paper examines whether the systematic exclusion of women and girls under Taliban rule in Afghanistan, and the regime of compulsory control maintained by the Islamic Republic of Iran, amount to “gender apartheid”, and how such institutionalised subordination generates conditions of structural femicide. Drawing on the Rome Statute, the Apartheid Convention, CEDAW, the ICCPR and […]
Abstract
In India, the civil service is the professional backbone of the administrative apparatus and is charged with carrying out the laws, policies, and initiatives that the political administration has developed. In a complex and diversified country, it serves a vital role in fostering socioeconomic development and maintaining administrative continuity. Indian civil services have been widely […]
THE BLIND SPOTS OF INDIAN CORPORATE LAW: SHADOW TRADING, FRONT, RUNNING, AND INFORMATIONAL ASYMMETRY
Abstract
Indian securities law structures its prohibition of trading abuses around a single conceptual trigger: unpublished price sensitive information relating to a listed company and its securities. That framework works tolerably well for the classic case of an insider trading in his own company’shares. It works poorly and, to the point, not at all for the […]
Abstract
Investment treaty arbitration, built on the device of a standing offer to arbitrate contained in bilateral investment treaties (BITs), has become the principal means of resolving disputes between foreign investors and host States. This paper examines how that mechanism operates, why it was preferred to the available alternatives, and where its design now strains, particularly […]
Abstract
A prospectus is the instrument through which a company speaks to the investing public, and the law attaches liability to what it says and what it leaves out. This paper examines the civil, criminal and regulatory consequences of a misstatement in a prospectus under Chapter III of the Companies Act 2013, read with the securities-law […]
Abstract
India’s Goods and Services Tax (GST) already runs on algorithms: returns are matched by machine, taxpayers are ranked by risk, and invoices are authenticated through a central portal. Within seven weeks in mid-2026, two High Courts quashed GST proceedings tainted by artificial intelligence (AI), and in doing so raised a question that tax law had […]
Abstract
Institutional arbitration is widely regarded as the preferred mode of resolving complex commercial disputes, yet arbitration in India remains dominated by ad hoc proceedings that depend heavily on the courts. This article examines why, despite successive reforms to the Arbitration and Conciliation Act 1996, institutional arbitration remains underutilised in domestic practice. It analyses three dimensions: […]
Abstract
The intersection of international commercial arbitration and competition law presents significant legal and regulatory challenges, particularly in disputes arising from transnational cartels. While arbitration offers an efficient, neutral and confidential mechanism for resolving cross-border commercial disputes, its consensual and private character raises concerns regarding the enforcement of mandatory competition laws designed to protect market integrity […]