Archisman Chatterjee Introduction Difficulties faced by small-scale enterprises while carrying out their operations in a heavily competitive market prompted the Indian government to introduce the Micro Small Medium Enterprises Development Act, 2006 (‘MSME Act’). It was done with an aim to promote and facilitate their growth and consolidate the regulations they are subjected to. Section […]
Author: nualslj
Rajdeep Bhattacharjee and Dhaval Bothra Introduction The appraisal rights of minority shareholders have been a contentious tussle in several jurisdictions across the globe, especially in the case of reverse mergers wherein private companies merge/takeover companies that are listed. This poses a plethora of regulatory challenges and obligations and to deliver the minority shareholders their dues […]
The preconceived notion that arises due to the constitutional validity of exception (ii) of section 375 of IPC (marital rape), lays out an important aspect in the cases of divorce in family law. What it does is that it proposes that it is not a wrong at all and therefore there is no cruelty either. Although, marital rape has been accepted as a ground for divorce, it has been recognized under cruelty. This article argues that irrespective of the constitutionality of the said section, there is a need for marital rape to be an exclusive ground for divorce.
In this article, the author critiques the CUTS report on Economic Impact of Judicial Decisions through a cost-benefit analysis. The author argues that the report has a flawed methodology, its recommendations do not pass muster on weighing the costs and benefits and the separation of powers doctrine is being violated. The core contention of the author is that the report favours ease of doing business over adherence to environmental regulations and its recommendations are myopic when a balancing of costs and benefits is done.
In the context of the recent USSC judgment overturning Roe v Wade, this piece looks at the use of textualism as employed by the bench therein and contrasts it with the Indian use of Textualism as a tool for Constitutional interpretation. Having often been at the receiving end of most criticism, Textualism, this piece argues can be revived as a valid and legitimate tool of interpretation.
