Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

THE COMPANIES ACT: KEY PROVISIONS

The Companies Act, 2013 is a significant piece of legislation governing the formation, management and regulation of companies in India. It replaced the Companies Act, 1956, introducing modern provisions to promote transparency, accountability and good corporate governance. This paper examines the Act’s key provisions, including company incorporation, separate legal identity, the Memorandum and Articles of […]

ANALYSIS OF FUNDAMENTAL RIGHTS IN INDIA

Fundamental Rights are essential to the Indian Constitution, ensuring equality, liberty, justice and protection against arbitrary State action. This paper analyses the Fundamental Rights enshrined in Part III of the Constitution, covering the Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and the Right to […]

CHILD RIGHTS IN INDIA

Child rights constitute an essential component of human rights, ensuring every child’s right to survival, development, protection, and participation. In India, constitutional guarantees, international commitments under the United Nations Convention on the Rights of the Child (UNCRC), and various legislative measures establish a comprehensive framework for safeguarding children. However, persistent challenges, including child labour, trafficking, […]

PROJECT-WISE RESOLUTION OR JUDICIAL OVERREACH? TESTING THE STATUTORY VALIDITY OF ‘REVERSE CIRP’ IN REAL ESTATE INSOLVENCIES

Reverse corporate insolvency resolution process (‘Reverse CIRP’) is a judicially fashioned mechanism under which the promoter of a distressed real estate corporate debtor is permitted to remain outside the committee of creditors and fund a stalled project as a lender, so that allottees obtain possession without the induction of a third-party resolution applicant. Conceived by […]

STATE AND NON-STATE ACTORS: A DILEMMA ON APPLICATION OF FUNDAMENTAL RIGHTS

What is law? It is perennial question. Right since the days of the dawn of civilization, elders have explained the mystery to youngers in their own way; of course, subject to limitation of their own. Most of these said law to be divine revelation. May be Manu-Satroopa, Adam and Eve or Adam and Auwa stories […]

ENVIRONMENTAL EMERGENCY: A PERSPECTIVE ON HORIZONTAL APPLICATION OF FUNDAMENTAL RIGHTS

This paper examines the trajectory of Indian environmental jurisprudence from its roots in ancient Vedic ethics to its contemporary articulation as a facet of the fundamental right to life under Article 21 of the Constitution. It argues that Indian civilisational thought, grounded in Vedic and Puranic literature, envisaged an ethic of harmony between humanity and […]

BIOTECHNOLOGY PATENTS & AMBIGUITIES IN LAW

With the emergence of biotechnology inventions, there is a demand for a specific legal mechanism for its safeguard and protection around the globe, under the aegis of Patent laws, this led to the argument that unduly broad protection, would, however undermine the patent system itself, as it would turn into an impediment and ‘unfair’ to […]