Saturday, July 24, 2021

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Crisis Cartels During the Pandemic: A Beacon of Hope for the Indian Economy?

The COVID-19 pandemic has wreaked havoc on the global economy, thereby bringing various antitrust issues to light. One such issue pertains to whether competition authorities should consider allowing crisis cartels to function. I argue that an exemption for restructuring cartels is necessary to deal with the current economic crisis, specifically the problem of overcapacity. I substantiate my argument with examples of Indian industries that are currently plagued by overcapacity.

Indus Biotech v. Kotak: Interactions Between Insolvency and Arbitration Regimes In India

Across several jurisdictions, there is an ongoing discussion regarding the intersection and interaction between insolvency and arbitration laws. In the Indian context, recently, the National Company Law Tribunal (‘the NCLT’), Mumbai Bench, delivered an intriguing and pioneering judgement in Indus Biotech v.Kotak India.

Searching for the Goal of the Indian Competition Act, 2002

The overriding goal of Indian competition law is enhancement of end-consumer welfare. It is this that must consistently determine appreciable adverse effect on competition [‘AAEC’] and dominance analysis, in CCI decisional practice. To make this argument, I examine various aspects of the Act, concerning predatory pricing, monopsony power, mergers, [...]

Reorganisation of Special Courts under the Maharashtra Control of Organised Crime Act – A Step Forward

This article evaluates the Government of Maharashtra’s initiative of state-wise decentralisation of the MCOCA Special Courts. To substantiate the argument, I analyse the judicial business of the MCOCA Special court, Pune, which caters to five districts of Western Maharashtra, namely, Sangli, Kolhapur, Satara, Pune and Solapur [...]

The Jammu and Kashmir Public Safety Act: Looking into the Failure of Human Rights Challenges Against the Law

Farooq and Omar Abdullah, Mehbooba Mufti, and Shah Faesal are some of the well-known names who have been detained by the state, time and again, under the Jammu and Kashmir Public Safety Act (‘PSA’). Even though these people too have faced a harrowing experience, they have still been fortunate enough to get the media attention, the resources, as well as the support to legally challenge their detentions.

Treading the Line Between Arbitrability and Serious Fraud: An Analysis of Avitel Post Studioz Ltd. v. HSBC PI Holdings (Mauritius) Ltd.

The judgment in Avitel Post Studioz Ltd.v. HSBC PI Holdings (Mauritius) Ltd.is the latest in a series of judgments delivered by the Supreme Court of India in recent years engaging with the question of arbitrability of fraud. This article discusses the thematization of the arbitrability of fraud by the Supreme Court in this judgment, analyzing its contribution to the jurisprudence on the topic.

Trading in Guilt: Unreliability and Institutional Abuse of Sec. 30, Indian Evidence Act

In India, the confession of a co-accused has been provided in Section 30 of the Indian Evidence Act. Section 30 provides that courts may consider the confession of a co-accused against the accused if the confession affects both of them when they are tried jointly. However, such confession may only be used as an additional support [...]

Bright-Lines, Blurred-Lines, and Between-the-Lines: Interpretative Dogmas in Service Law

In practice, not all Service Rules are read alike. Intertwined with political considerations, these Rules raise several jurisprudential difficulties of interpretational consistency, jurisdictional competence, and realpolitik effect. While some Rules are proclaimed as absolute, others are spoken with negotiability; and on rarer occasions, there are whispers of surreptitiousness. The question that arises is whether there exists a uniform judicial approach in Service Law interpretation

Structural Interpretations in Article 25 – Clarifying the Meaning of ‘Freedom’

what is the extent of freedom that is guaranteed under A. 25 (‘the question’)? Prima facie, it may seem as if the answer to this question is very easy. I argue that the opening words of Art. 25 ‘subject to’ can indeed be given differing interpretations, and that the SC has adopted a certain approach implicitly (in that it does not form a part of the court’s analysis explicitly) in Sabarimala. I will clarify the exact meaning (and implications) of the question posed above [...]

Who Killed Berta Cáceres? Dams, Death Squads, and an Indigenous Leaders’ Battle for the Planet by Nina Lakhani: A Review

Nina Lakhani in this riveting book stitches together a textured narrative of Honduras, a country whose political economy thrives on extraction, its hostility towards environmental defenders, and the heavily militarised security forces that guard these development projects[..]