Cross Border Insolvency under the Indian Regime: Necessity of Amending the Legislation post the Covid-19 Pandemic

By Sharbani Kar [1] & Pratik Dash [2] This paper begins by discussing the impact of COVID-19 on Cross border Insolvency proceedings. The Model Law and its core principles are discussed with the adoption by the developing nations. Under Sections 234 and 235 of the Insolvency and Bankruptcy Code, 2016, India has a cross-border insolvencyContinue reading “Cross Border Insolvency under the Indian Regime: Necessity of Amending the Legislation post the Covid-19 Pandemic”

Period Leaves for Women: Is it Violation of Right to Equality?

By Tejaswini Kakade [1] In a significant move, Zomato, a food delivery company in India has granted 10 days of ‘Period leave’ in a year to women and transgender. Apart from Zomato, three other organisations, i.e., Culture Machine, Gozoop, and FlyMyBiz, have introduced period leave for their employees. Bihar Government in 1992 has allowed periodContinue reading “Period Leaves for Women: Is it Violation of Right to Equality?”

Whether the Reserve Bank of India is Independent Enough?

By Sanskriti Shrivastava [1] INTRODUCTION Without a doubt, since the very beginning of the Reserve Bank of India (“RBI”), the central bank of our country has worked at par with any of the leading central banks around the world. Unlike any other center-owned body, RBI is fortunate enough to hold independence on a wide rangeContinue reading “Whether the Reserve Bank of India is Independent Enough?”

A Critique on the Implications of Counter-Guarantee vis-à-vis Bank Guarantee and Letter of Credit

By Samrudh Kopparam [1] ABSTRACT With the emergence of the COVID-19 pandemic, the entire world went into lockdowns which immensely impacted the global economy. To recuperate from this impact and ‘rebuild’ the global economy, global cooperation, collaboration, and international trade is of the essence. At times like these, transactional security becomes pivotal to bring inContinue reading “A Critique on the Implications of Counter-Guarantee vis-à-vis Bank Guarantee and Letter of Credit”

The Prevention of Cruelty to Animals Act, 1960: Prolonged Injustice

By Mishi Aggarwal [1] INTRODUCTION “The greatest privilege that comes with freedom of speech is using your voice for those who don’t have one.”– Ricky Gervais The purpose of the law is to keep human actions in check in order to make sure that every being is not just alive and surviving but also livingContinue reading “The Prevention of Cruelty to Animals Act, 1960: Prolonged Injustice”

Assessing the Viability of Green Channel Route for Combination Approvals in a Resolution Plan

By Priya Ganotra & Sharvari Manapure [1] INTRODUCTION In India, the Competition Act 2002 (hereinafter “Act”) follows the philosophy of fostering competition and protecting markets in India from anti-competitive actions. However, in any market, a firm may find it difficult or unable to deliver its goals and business activity can fail, resulting in default inContinue reading “Assessing the Viability of Green Channel Route for Combination Approvals in a Resolution Plan”

Retrospective Tax Repealed: A Step in The Right Direction?

By Kumar Shubham [1] INTRODUCTION The passing of The Taxation Laws (Amendment) Bill, 2021, the 14 years controversy of retrospective taxation has ended. This bill seeks to amend retrospective tax on the transfer of value of foreign shares if those shares accrue value from assets in India. The primary objective is to refund Rs 8100Continue reading “Retrospective Tax Repealed: A Step in The Right Direction?”

Emergency Arbitration: A Climax for ADR in India

By Kashish Khurana & Aaradhy Shrivastava [1] INTRODUCTION The dispute resolution techniques have been emerged as a saviour for the lengthy time-consuming judicial procedures in India. The technique of Emergency Arbitration is one such interim dispute resolution technique that has been evolving for providing an effective resolution to the parties. Emergency Arbitration is like aContinue reading “Emergency Arbitration: A Climax for ADR in India”

Obstetric Violence in Brazil as a Violation to the Right to Information

By Julia Moreira Maschio [1] INTRODUCTION The fight against obstetric violence is constant and is mainly based on human rights, considering that this issue is a public health problem. In this sense, it is possible to notice the efforts of the Ministry of Health to create public policies to prevent and guarantee women’s health. However,Continue reading “Obstetric Violence in Brazil as a Violation to the Right to Information”

Over The Top with OTT Censorship?

By Madiha Pagarkar, & Riya Barve [1] INTRODUCTION Over The Top platforms or OTT platforms have seen massive growth in India in recent years. With an ever-increasing user base, these platforms have been pushing out content non-stop to meet the rising demand while remaining almost entirely unregulated. On the 25th of February, the Indian GovernmentContinue reading “Over The Top with OTT Censorship?”

Parental Liability for Prenatal injury

By Atal Anand & Pratik Sainy [1] INTRODUCTION In the past three decades, the child’s right to claim damages from a third party has changed drastically. Injuries that affect the development of an unborn child resulting from another person’s negligence are considered prenatal injuries. Before 1947, the Court usually denied the child’s cause of action.Continue reading “Parental Liability for Prenatal injury”

Kirit P. Mehta School of Law Publications