MNLU Mumbai: Two-Year Post-Graduate Program In “M.A. Mediation & Conflict Resolution For Executives” 2024-2026

Centre for Mediation and Research (CMR), Maharashtra National Law University Mumbai (MNLU Mumbai) is offering a Two-year Post-Graduate Program in “M.A. Mediation & Conflict Resolution for Executives for academic year 2024-2026. The admissions shall be conducted on a first come first serve basis. Below are the details of the Course. The M.A. (Mediation and Conflict Resolution) is introduced to equip working professionals with an array of skills and expertise in the world of dispute...

Lack Of Paternity Leave Is Negating The Purpose Of Maternity Leave

Childbirth is a profound process that transcends the mere act of bringing a new life into the world. It is a transformative experience that significantly shapes the identity of individuals, particularly that of the parents. Therefore, to assist the parents in dealing with various emotional, psychological, and social transitions, the concept of “maternity leave” was implemented. Recently, the Rajasthan High Court extended maternity leave benefits even to mothers who have commissioned a child...

Need For Regulation Of “Finfluencers” By SEBI

We usually see content creators in our vertical content feed while scrolling our phones, they bring some catchy hook to hold our dopamine, with some graphical editing, they tell you how this reel or shorts is going to help to make money in the stock market, and we keep watching it for hours. Recently a content creator in the finance niche Mr. PR Sundar, a "Finfluencer" who provided financial advice, was banned by the Securities and Exchange Board of India (SEBI). SEBI has highlighted the...

Merger Dominion: Impression On Competition In India

A merger is the joining of two businesses in order to expand one of them. An acquisition occurs when a large entity buys the assets of a smaller one to take control of it. Businesses use these strategies to boost profits, assemble similar items, expand their market share, and other objectives. In a pertinent market, these actions frequently result in the formation of monopolies. The icing on the cake for the businesses was the absence of primary legislation that would have restricted the...

Corporate Mismanagement And Oppression

Corporate mismanagement and oppression are persistent issues that have plagued organizations and their employees for many years. Mismanagement in various forms, including financial, ethical, and operational mismanagement, has resulted in decreased productivity, low morale, and reduced profitability. On the other hand, corporate oppression, which includes discrimination, harassment, and abuse, has dire consequences, such as employee turnover and decreased productivity. This research paper...

Antitrust Regulators And M&A In India: Balancing Competition And Consolidation

The role of anti-trust regulators in mergers and acquisitions (M&A) is critical in maintaining a fair and competitive market, protecting consumer welfare, and promoting innovation. In India, the Competition Commission of India (CCI) is responsible for enforcing competition laws and monitoring M&A activities to prevent anti-competitive outcomes. The CCI has the power to review M&A transactions and intervene if they may have an appreciable adverse effect on competition. CCI's...

Cybercrime: A Threat To Data Privacy

In this era of globalization and technology, related crimes have also evolved, resulting in the bubbling up of cybercrime. As the name suggests, the crime committed in a cyber or virtual world is defined as cybercrime. There is a plethora of cybercrimes; for instance, fraud with personal identity, banking or financial theft, selling and stealing corporate data, Cryptojacking and Cyberespionage, Ransomware attacks etc.After the right to privacy was declared as an integral part of Article...

ESG Norms In Indian Corporate Scenario: Navigating Through Uncharted Waters

Joshimath, a city of Uttarakhand is a hot topic everywhere on the news due to the land subsidence issue it faces today. Many experts have hinted towards NTPC’s project being the reason for the problems being faced by the city today. This shows how corporations are becoming the reason for change in the environment today. The general populace is becoming increasingly aware of the hazards brought on by adverse social and environmental decisions of the corporations. The term ‘ESG’:...

Hindu Succession Act, For Female Intestates

Under India's present general set of laws, individuals from various religions are represented by their laws in inheritance, marriage, detachment, guardianship, etc. In such a manner, the succession in Hindus is represented by the HSA, 1956 (HSA). A critical component of this Act is that it separates the intestate succession of females and males. The female intestate succession is further subject to the source from which the deceased female obtained the property. It is essential to note...

Lettering Menstrual Leave In the Constitution

Menstrual pain, also known as dysmenorrhea, is an everyday issue for many women. It is characterized by cramping or aching in the lower abdomen, often accompanied by other symptoms such as headaches, nausea, fatigue, and bloating. 28th May every year is celebrated as Menstrual Hygiene day. The theme for 2022 was 'To create a world where no woman or girl is held back because they menstruate, by 2030’ The United Nations started The Red Dot Campaign to spread awareness regarding menstrual...

Patent Illegality In Setting Aside Arbitral Awards: Is India Becoming A Robust Seat For Arbitration?

The Arbitration and Conciliation Act, 1996 limits or seizes the role of courts in arbitral proceedings. Section 34 of the Act provides the scope of interference by courts as a recourse against the arbitral award passed. The term “patent illegality” for the first time was explained in the case of ONGCv. Saw Pipes[1] by the Supreme Court of India. Later, in 2015 on the recommendations of the 246th report of the law commission amendment was made in Section 34 of the Arbitration and...

The Interplay Between The POCA & PML ACT: Through The Lens Of ED V. Padmanabhan Kishore Judgement

The Prevention of Money Laundering Act, 2002[1] (‘PMLA’) and the rules made thereunder came into force on July 1st, 2005.[2] The PMLA requires financial institutions, banks, and other intermediaries to authenticate the identity of their clients and provide records and information to the Financial Intelligence Unit. The Directorate of Enforcement (‘ED’), a financial investigation unit of the Department of Revenue under the Union Government, is responsible for the enforcement of the...

The Criminal Procedure (Identification) Act, 2022; A Constitutional Critique

After being approved by the Parliament of India in April 2022, the Criminal Procedure (Identification) Act, 2022 ultimately went into effect. It repeals the Identification of Prisoners Act of 1920, a colonial-era statute that allowed police to measure suspects who had been convicted, detained, or were awaiting trial. The Criminal Procedure (Identification) Bill, 2022, which generated significant controversy, is the main focus of this article. Deliberations in the Indian Parliament took ...

Judicial Creativity In Constitutional Adjudication In India

In modern state, the law is created normally either by formal act legislation or a decision of the court. In judicial process, we examine the role of the judge. Justice Holmes of the United States Supreme Court has termed law as the 'prophecies of what the courts will do in facť. Justice Frank of the same court considers law as the verdict of the court on particular facts. This approach, thus, considers law as a process as against particular commands. The American Supreme Court has...

Antitrust Regulators' Crackdown On Big Tech

What happens when you have companies with market capitalization bigger than the GDPs of entire nations and cash reserves more than the Forex reserves of those Nations? As one would presume, blatant misuse of those mammoth resources for further consolidation of wealth and power. This is exactly what is happening with the " Big Tech" companies like Google, Meta, Apple, Amazon etc. But sooner or later, there comes a time to pay the piper. That is exactly what we have been seeing with recent...

Indian Telecommunications Bill, 2022: Examining Its Surveillance Provision Vis-À-Vis Right To Privacy

Technologies in telecommunications have undergone a drastic change since telegraphs of the colonial era. Given that India needs a legal framework attuned to the realities of the 21st century, On September 21st this year, the Ministry of Communications released the 40-pages draft of the Indian Telecommunications Bill, 2022 and invited public comments from the stakeholders. The bill seeks to replace the three anachronistic statutes that regulate the telecommunications sector: Indian...

Liability For Self Driving Vehicles: Is There Anyone To Blame?

An autonomous or self-driving car is one that does not require a driver to function. It can use motion sensors, cameras, audio receptors and advanced programming to move on its own, analyse environments around it, and take appropriate actions regarding the velocity and direction of its movement. In other words, it is a machine that do what most cars can do in the present day, but also perform the actions otherwise required of a driver. All one must do is direct the car to take them to a...

Explained: Creamy Layer Concept

The "creamy layer" establishes a cut-off point below which OBC, SC, and ST reservation privileges are available. The basic right to equality served as the foundation for the "creamy layer theory". The legitimately deserving person wouldn't have access to the reservation unless it was applied. Unless economic growth is so great that it always results in social advancement, exclusion shouldn't be based solely on economic factors. While a person's income might be used as a gauge of his...

Right To Be Forgotten: Meaning, Evolution, And Its Legality In India

"The impact of the digital age results in information on the internet being permanent. Humans forget, but the internet does not forget and does not let humans forget." – the Supreme Court of India in K. S. Puttaswamy and Anr. V. UoI After a protracted legal battle, the right to privacy was finally declared as a fundamental right by the Supreme Court of India in the 2017 landmark Puttaswamy V. UoI case, which has popularly come to be known as the Right to Privacy case. However, not...

Judicial Law Making Through Dictum In India: A Constitutionally Legitimized Practice

The following article analyses whether the Indian Constitution permits judicial law making through dictum by referring to constitutional provisions and judicial precedents. It also critically examines whether the treatment of dictum as established and binding law, is consistent with common sense and sound judicial practice.In India, like in any other constitutional democracy, the executive's role is to implement the laws, the role of the judiciary is to interpret the laws and that of the...