Indian Journal for Research in Law and Management
Advancing Law and Management
ISSN No. : 2583-9896
ISSN No. : 2583-9896
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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 […]
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International arbitration is an ongoing process which is increasingly being used by the companies especially in the commercial sector to resolve disputes rather than going to courts. Arbitration is time-saving, cost-efficient and more autonomous process for parties. However, there have been various innovations that have taken place and now the arbitration has changed a lot […]
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 […]
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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. […]
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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 […]
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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 […]
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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 […]