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
Gender equality and inclusion in corporate workplaces have become an important aspect in India. The concept has been backed by the Constitution, various laws, case laws, and corporate policies adopted. However, in reality, actual implementation is far from truth; mere legal recognition is only the first step, whether companies will actually implement these principles in […]
Abstract
The Indian Constitution guarantees Fundamental Rights as essential safeguards against arbitrary State action and as foundations of individual liberty and dignity. However, constitutional guarantees acquire meaningful value only when they are effectively enforceable. This article examines the evolving role of the Indian judiciary in transforming Fundamental Rights from textual guarantees into practical and enforceable rights. […]
Abstract
This research paper examines when corporate control should amount to significant beneficial ownership under Section 90 of the Companies Act, 2013 and the applicable rules. It considers the distinction between ownership and influence, the statutory meaning of control, and enforcement orders involving LinkedIn India, Samsung Display Noida, and other companies. It then compares this approach […]
Abstract
This case commentary examines the Supreme Court’s decision in Sanofi India Ltd. v. Central Bureau of Investigation and its approach to attributing a natural person’s state of mind to a company in criminal proceedings. It places the decision alongside earlier authorities on corporate criminal liability and considers the Court’s three-stage approach, which looks at the […]
Abstract
This article examines when a director’s disqualification under Section 164 of the Companies Act, 2013 makes a resolution applicant ineligible under Section 29A(e) of the Insolvency and Bankruptcy Code, 2016. It explains the statutory connection between company-law disqualification and insolvency eligibility, and discusses the approaches in M.K. Rajagopalan and Malharshanti Enterprises. The article distinguishes a […]
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This blog examines the role of board observers in Indian companies and the boundary between investor oversight and legal control. It discusses Section 2(27) of the Companies Act, 2013, the SEBI takeover framework, and the reasoning considered in Subhkam Ventures and ArcelorMittal India. It explains how attending board meetings, receiving information, and commenting on proposals […]
Abstract
Raja Ram Pal v. Hon’ble Speaker, Lok Sabha is one of the important precedents of the Supreme Court on the question of the supremacy of parliamentary privilege vis-à-vis the courts’ power of judicial review. The case was based on the 2005 ‘cash-for-query’ sting operation and the subsequent expulsion of the members of parliament. The five-judge […]
Abstract
Jeremy Bentham famously described witnesses as the “eyes and ears of justice”. In any criminal justice system, the testimony delivered by an eyewitness or material witness forms the indispensable cornerstone upon which guilt or innocence is established beyond reasonable doubt. However, criminal justice administration globally is plagued by a persistent and destructive phenomenon: the hostile […]
Abstract
India finds itself today navigating between two competing normative universes: a constitutional vision of guarantee of liberty, dignity and equality to each individual and a social order that remains substantially structured around the institution of marriage, caste endogamy, and patriarchal families. Live-in relationships – coexistence of two adults in a marriage-like relationship without entering into […]
Abstract
This paper analyses the debate on gender neutrality in the context of an emergent Indian Law. Since Indian law has historically contained protections for women against socio-patriarchal oppression through protectionist discrimination under Article 15(3), breaks by the judiciary to protect the arcane statutory binaries in Articles 14 and 21 have challenged its legal foundations. To […]