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Constitutional Law Labour

Casus Omissus and the Limits of Judicial Interpretation: The CAS Dispute in West Bengal

Simran Sidhu Introduction The Calcutta High Court’s ongoing matter of Sandip Kumar Mitra v. The State of West Bengal highlights the tensions between government employees and employees of state-owned corporations. Government employees are governed by central or state service rules, such as the West Bengal Service Rules (WBSR), whereas employees of corporations, like the West […]

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Competition Law Insolvency

BEFORE THE WHISTLE: CRITICAL ANALYSIS ON INDIA’S GUN JUMPING SHIFT

Mahadev Krishnan and Nitin Pradhan Introduction In sports, a false start occurs when a runner jumps the gun (i.e., starts before the whistle) and is penalized accordingly. This principle is easy to understand: nobody should gain an unfair advantage by jumping the gun. The same logic applies in the realm of competition law. Gun jumping […]

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Labour

Employees with(out) Benefits: Guaranteed Income Floor for Gig Workers

Vansh Manuja Introduction Gig workers, a significant part of Indias current economy with the growing popularity of quick commerce platforms are often neglected by the corporate house as well as the legislative. With around 77 lakh (7.7 million) workers were engaged in the gig economy in 2021 expected to expand to 2.35 crore (23.5 million) […]

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Arbitration

FROM SETTING ASIDE TO MODIFICATION: RECASTING JUDICIAL INTERVENTION IN INDIAN ARBITRATION

Gurkaranbir Singh The Supreme Court in Gayatri Balasamy v. ISG Novasoft Technologies Ltd., (“Gayatri Balasamy Judgment”) has now clarified the scope of judicial intervention in respect of modification of arbitral awards. The Court held that a court is empowered not only to set aside an arbitral award but also to modify or vary an arbitral […]

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Labour Labour

A CRITICAL STUDY OF LABOUR CLAUSES IN INDIA’S RECENT TRADE AGREEMENTS

Radhika Gupta and Kanha Pandey PART I I. Introduction Free Trade Agreements (FTAs) have been subject to widespread criticism on the ground that they prioritise business interests to such an extent that they often have adverse social consequences, such as job losses in traditional manufacturing sectors due to free imports, heightened poverty in developing countries, […]