Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

THE OVERRIDING EFFECT: COUNTERCLAIMS AND ARBITRABILITY UNDER THE MSMED ACT

The Delhi High Court’s ruling in Jubilant Marketing v. Robbins Tunneling confirms that MSMED arbitration arises only once conciliation concludes, but leaves unanswered a question the Supreme Court’s decision in Silpi Industries never resolved: what subject matter can a buyer’s counterclaim actually reach. This piece argues that Silpi’s concern was forum shopping, not scope, and […]

THE DNA DILEMMA: WHY INDIAN LAWS ARE NOT READY FOR THE GENETIC AGE

India is about to lose the only real protection its law gives to health and biometric information and almost no one has noticed. The old law, the Information Technology Act, 2000 and its 2011 Rules, treats medical and biometric data as “sensitive personal data” that deserves extra care, and a Bill drafted in 2019 would […]

Why India’s Insolvency Law Must Catch Up with the Digital Economy

The Insolvency and Bankruptcy Code, 2016 was built on a promise: that a financially distressed company is worth more rescued than dismembered, and that its value should be maximised for the benefit of all stakeholders. That promise was written for an economy of factories, inventory and machinery. It is now being applied to an economy […]

REGULATING ODR IN INDIA: THE NEED FOR A DEDICATED ODR AUTHORITY IN INDIA

Online Dispute Resolution (ODR) integrates digital technology with the traditional methods of Alternative Dispute Resolution (ADR), and its adoption across sectors such as e-commerce, banking, fintech, and consumer protection demonstrates its potential to deliver efficient, accessible, and cost-effective justice. In India, ODR derives legal recognition from the Arbitration and Conciliation Act, 1996, the Mediation Act, […]

Does Constitution of India Lack Community Participation?

This article examines whether the Constitution of India adequately promotes community participation in governance. It analyses constitutional provisions, judicial decisions, and decentralised institutions to assess the gap between constitutional ideals and practical implementation. The article concludes that while India provides several mechanisms for public participation, their effectiveness is limited by weak implementation, making institutional accountability […]