Categories
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 […]

Categories
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) […]

Categories
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 […]

Categories
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, […]

Categories
Competition Law

PROCEDURAL BATTLEGROUNDS FOR THE CCI: OBSTRUCTION, EPHEMERAL DATA, AND BYOD IN DAWN RAIDS

Abhishek Nidasanametla When the Knock Comes: What India’s Competition Regime Isn’t Ready For In recent years, competition authorities abroad have started to treat ‘obstruction’ during dawn raids (“raid”) as a standalone infringement. Very recently, in Finland, the Market Court upheld a fine of EUR 1.5 million against Attendo Suomi after an employee deleted WhatsApp messages and […]

Categories
Privacy Law Taxation Technology

Digital Trust as Public Infrastructure: Reconciling India’s Financial Inclusion and Tax Formalization Goals

Keshav Maheshwari Introduction: A Crisis of Confidence in a Cashless Revolution India’s Unified Payments Interface (UPI) stands as a monumental achievement in public digital infrastructure, a system that has dramatically lowered transaction costs and brought millions into the formal financial fold. However, a recent and unforeseen development threatens the very trust upon which this revolution […]

Categories
Constitutional Law

Dworkin’s Herculean Theory: Determining The Binding Force of Menstrual Leave Policy

Lauren Prem I. Introduction Menstrual leave policy in short (MLP), a contemporary discussion, has been viewed by many legal practitioners, to take the form of a right. Prominent advocates throughout the country have associated the policy to derive its enactment force from article 14 of the Constitution which encapsulates the essence of treating equals equally […]

Categories
Privacy Law Technology

AGE CHECKS OR PRIVACY WRECKS? DECODING RULE 10 OF DPDP DRAFT RULES, 2025

Kinjal Ahuja and Ashish Rawat “We cannot have a system, or even the appearance of system, where surveillance is secret, or where decisions are made about individuals by a Kafkaesque system of opaque and unreviewable decision-makers” – Reyna and Farley, 2006, p.43 Introduction India’s first dedicated data privacy law, the Digital Personal Data Protection Act, […]

Categories
Technology

Dark Patterns in Exit Architecture: Legal Implications of Manipulative Subscription Cancellation Flows

Meghna Jain Introduction The digital age has transformed our world, not just in terms of human connection but also accessibility. This fast-paced, consumer-driven environment has seen the rise of subscription models, free trials, and auto-pay services, often offered through mobile apps. While these services offer convenience, they also present opportunities for manipulative design practices, commonly […]

Categories
Insolvency Real Estate Law

Under Construction Forever? RERA and IBC in the Battle of Stalled Projects

Abhishek Kumar & Aditya Singh Raghuvanshi Introduction The burgeoning real estate sector in India, one of the most sought-after sectors for investment, has been a double-edged sword for homebuyers, with many enduring endless delays in receiving possession of their dream homes on account of failure by the real estate developers to promptly complete the project […]