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
Indian merger control has traditionally relied on asset and turnover based thresholds to determine whether an M&A transaction requires regulatory scrutiny or not. While these measures work reasonably well for established businesses, they can miss acquisitions involving high-value, asset light or innovation driven enterprises whose competitive significance is not reflected in current revenues or assets. […]
Abstract
The concept of “control” under Indian the takeover law extends beyond to the percentage of shares held by an acquirer. Regulation 2(1)(e) of the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 recognises control through management rights, shareholders’ agreements, voting arrangements and other means. This broad approach is increasingly […]
Abstract
Gun-jumping has become an important concern in Indian merger-control regulation. It arises when parties to a proposed combination implement the transaction, wholly or partly, before receiving the required approval from the Competition Commission of India (“CCI”). Although the standstill obligation under the Competition Act, 2002 is intended to preserve competition during the review period, its […]
Abstract
The focus of this article is the increasing use of algorithms in various spells of life including welfare assistance and bank lending, and asks if Indian laws have any mechanisms to cope with it. The review of the country’s fragmentary legislation concerning artificial intelligence is carried out by analyzing the Information Technology Act, possible intellectual […]
Abstract
In this blog, we start with the case of an investor in Chennai whose cryptocurrency assets were immobilised following a major hacking incident at the cryptocurrency exchange platform, thus giving rise to questions on the resiliency of ownership in the case of digital currencies. In order to clarify the above-mentioned topic, the blog studies the […]
Abstract
This blog investigates if the Digital Personal Data Protection Act, 2023, provides privacy protection as promised after Puttaswamy. It argues that the Act puts regulations on private entities while restricting citizens in their fight against the government, and its amendment of the Right to Information Act provides public officials with a shield from scrutiny, removing […]
Abstract
The blog focuses on analyzing the legal implications of the Internet of Things in India, which is characterized by constant collection of sensitive personal information by connected devices, within a fragmented regulatory landscape. The fact that the implementation of IoT devices and its relation with the requirements of the consent and notice provided in the […]
Abstract
Informed consent lies at the intersection of medical ethics and law, yet it becomes difficult to apply for patients whose capacity to decide is doubtful. This paper examines the barriers to obtaining valid consent from two such groups in India — the mentally ill and children. It traces the evolution of consent from medical paternalism […]
Abstract
Article 110 of the Constitution defines a ‘Money Bill’ narrowly, confining it to matters like taxation, borrowing, and the Consolidated Fund, while Article 110(3) further makes the Speaker’s certification of a Bill as a Money Bill. To round off such protection, Article 122 further ensures that the validity of Parliamentary proceedings cannot be called into […]
Abstract
The rapid growth of e-commerce in India has made consumer lives more convenient, but it also brings with the risks of dark patterns, opaque pricing, fake reviews and inaccessible grievance mechanisms. This paper examines whether Amazon India and Flipkart comply with the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020, and whether […]