V.K Kaul vs. Adjudicating officer, SEBI (Case Comment)

Introduction Laws against insider trading primarily deal with matters where a connected person or an insider has communicated price sensitive information, based on which securities have been traded. The SEBI (Prohibition of Insider Trading) Regulations deals with offences of insider trading in India. It lays down definitions as well as the course of action in... Continue Reading →

Place of Effective Management under Income Tax Act, 1961

Section 6 (3) of the Income Tax Act 1961 (“act”) states that a company would be considered a resident of India if it is incorporated in India or its place of effective management in that particular year is India.[1]Previously, the term Place of Effective Management (POEM) did not exist, it was brought forth in the... Continue Reading →

Positivist Interpretation of law (Austin vs. Kelsen)

In my opinion, both Kelsen’s and Austin’s theories have certain drawbacks. Although both theorists have taken a scientific approach of law to get universal application yet, there exists a vast difference in the path taken by them.  Under Austin’s theory, the sovereign was the political superior as well as the primary source of law. Even... Continue Reading →

Feminist Politics and role religion in Public Sphere

In the preface to ‘Beyond Accommodation’, Drucella Cornell[1] claims feminism to be nothing but a dream. She does so within the context of intersection between religion and the existence of feminism in the public sphere. Similarly, Margaret Davies’s anti-manifesto namely ‘Law and Religion in Public Life’[2], discusses the intersection between women’s rights, law, religion and their existence in... Continue Reading →

Analysis of Substantial value of Assets under the Income Tax Act

According to Section 9 (1)(i) of the Income Tax Act of 1961, “all income accruing or arising, whether directly or indirectly, through or from any business connection in India, or through or from any property in India, or through or from any asset or source of income in India or through the transfer of a capital... Continue Reading →

Cyber Feminism

The extensive use of technology in today’s world creates certain mandates. Firstly, the safety of self-expression in cyber space. Secondly to ensure that the space is devoid of sexual advances towards any person. However, the laws dealing with these issues such as the Indian Penal Code, Protection of Children from Sexual Offences and Cyber Laws... Continue Reading →

Is the substantive legitimate expectations doctrine fictitious in India?

The courts have upheld that Doctrine of Substantive Legitimate Expectation (SLE) has to be “the  sanction  of  law  or custom  or  an  established procedure followed in regular and natural sequence”.[1] Chintan Chandrachud calls this doctrine “illusionary” and claims that the doctrine has “evolved in  a  way  that makes  it  almost impossible  for  a  claim  to succeed.” The courts may have called it a part of our law however, have shown immense resistance towards it and... Continue Reading →

National Financial Institutions and their role to play in the modern Indian economy

Role and functions of National Bank for Agriculture and Rural Development (NABARD) NABARD is a Development Bank which came into existence post the enactment of the NABARD Act of 1981 and is regulated by the RBI. The ownership of these banks lies in the hands of the Government of India. It is a National Financial... Continue Reading →

Global Financial Crisis

The Global Financial Crisis of 2007-08 was a shock to the entire financial system of the world. It started off due to deregulation of the system in the United States of America which later affected the entire world, especially the housing and the banking sector.  After the Glass-Steagall Act of 1933 and the Commodity Futures Modernization... Continue Reading →

Artificial Intelligence and Trademark

Trademarks are an integral part of intellectual property rights. Trademarks concern themselves with purchasing process and the areas pertaining to the interaction between brands and the customers[1]. Historically, people purchased goods when the basic tenets of trademark law already existed. In shops, an assistant helped individuals and acted as “filters” between the product and the... Continue Reading →

Basel Accords and the banking sector

The collapse of the housing market, banking sector and the consequent financial crisis of 2007-08 showed the regulatory loopholes in the system, its flaws, defaults, inefficiencies. Therefore, in order to promote cooperation between central banks of different countries, foster financial stability and have internationally accepted standards for banking and regulation, the Bank for International Settlement... Continue Reading →

Nationalization of Indian Banks

In accordance with the Banking Companies (Acquisition and  Transfer of  Undertakings) Act, 1970 and 1980, a policy of nationalization of banks was brought about India. On its 50th anniversary, Niranjan Rajadhyaksha stated in his opinion piece that “The second volume of the official history of the Reserve Bank of India describes bank nationalization as the single-most-important economic... Continue Reading →

Insufficiency of the Insolvency and Bankruptcy Code in the resolution of banks

The Insolvency and Bankruptcy Code, 2016 (“Code”), has created a lot of confusion in the past regarding their resolution over the banking sector and the other financial service providers. The inefficiency of the said code to regulate these institutions lies in the nature of its applicability. The code is clearly enacted in a manner that it resolves... Continue Reading →

What are National Green Tribunals?

Prior to 18 October 2010, all matters pertaining to environmental protection and safeguard were dealt with by the judiciary under Articles 51 (g) and 48A of the Indian constitution[1]. However, post this the National Green Tribunals (NGT) were established, in accordance with the Central Government’s notification.[2] In M.C. Mehta vs. UOI[3], the need for a speedy... Continue Reading →

Indian Environmental Jurisprudence and its ground realities

It is often seen that courts give judgements which are suitable for a utopian society, without having effectiveness in reality. Like, in the Leather Tanneries case[1], the court upheld that “The financial capacity of the tanneries should be considered as irrelevant”, and that they must stop dumping waste in the river, regardless of the company’s financial capacity.... Continue Reading →

Indian Feminism: The High-Caste Hindu Women (Book analysis)

Pandita Ramabai, in her book titled The High-Caste Hindu Women[1], shows her distress over the pre-existing discriminatory Hindu customs and practises. It is brilliant how her work still applies to today’s society, approximately 130 years after she wrote her book. It is safe to say that her work was quite progressive for her times. She starts her... Continue Reading →

Understanding Dalit Feminism

After reading Dr. Tamalapakula’s Understanding Dalit Feminism[1], it can be safely concluded that no straightjacked formula based on western feminism can be applied to India. When looking at Dalit women, it is important to be mindful of the intersectionality of caste, class, race and gender that exists leading to an incomparable discrimination for such Indian women. Primarily,... Continue Reading →

Applying Hart-Delvin debate to legalisation of homosexuality in today’s world

The Hart-Devlin debate focuses on the strongly disputable issue of whether the law should enforce morality or not. In 1957, the Wolfenden Report sparked the debate between these two theorists, who took an opposing stance on the matter. The aforementioned report stated that freedom of individuals is of utmost importance, and that ‘there must remain... Continue Reading →

Analyzing the Status of Kosovo under International Law

Abstract This paper centres around the status of the region of Kosovo under International law. It shall comprehensively analyse the situation of the region post the disintegration of Yugoslavia and further discuss the advisory opinion of the International Court of Justice regarding the declaration of independence by the region. In lieu of the court’s silence... Continue Reading →

Legal Positivism: Dworkin’s challenge towards Hart’s account of law

Dworkin criticizes Hart’s theory primarily on two grounds, namely the Rule of Recognition and Judicial discretion.  H.L.A. Hart tries providing a middle course between Formalism and Rule-Scepticism. He called Mechanical Jurisprudence a “noble dream”, where the judges interpret the law on the basis of the pre-existing rules and without any societal consideration. This Formalism is... Continue Reading →

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