India Law eJournal最新文献

{"title":"Role of Company Employees in Promoting Corporate Governance: A Comparative Analysis of the Approaches in Nigeria and the United Kingdom","authors":"Sylvester Udemezue","doi":"10.2139/ssrn.3907553","DOIUrl":"https://doi.org/10.2139/ssrn.3907553","url":null,"abstract":"Good governance is an ideal which is difficult to achieve in its totality. Very few countries and societies have come close to achieving good governance in its totality. However, to ensure sustainable human development, actions must be taken to work towards this ideal with the aim of making it a reality. Recognition of the crucial place corporate organisations occupy in the economic advancement of any society, as well as the campaign to entrench, promote and sustain good governance in such organisations, has led to a rapid rise in global drive towards promoting good corporate governance rules, concepts and practices. An aspect of corporate governance involves resolution of conflicting interests of company stakeholders, including the company employees. Company employees are interested in outcome of company decisions because these decisions affect them directly and indirectly; it is therefore important for them to have a role in corporate decision-making so as to have an opportunity of protecting their interests. This paper aims to determine what role, influence or control employees should play in corporate governance and to what extent. Paying particular attention to role of employees in achieving good and sustainable governance within corporate organisations, the paper undertakes a comparative analysis of the systems, practices and approaches in Nigeria and the United Kingdom, the objective of the comparison being to draw insights from the highly advanced systems such as the UK in assessing the level of success and effectiveness of the Nigerian experience. Starting with a cursory look into the idea of governance, good governance and corporate governance, legal and regulatory framework and evolution of corporate governance in Nigeria, the paper identifies major stakeholders in corporate governance generally and proceeds into a discussion of corporate governance role of company employees in the named countries, after which a cursory evaluation of the Nigerian approach is undertaken while recommendations are offered for improvement, as or where necessary.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126915525","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Question of Entitlement of Dissenting Creditors under IBC","authors":"Manoranjan Ayilyath","doi":"10.2139/ssrn.3871744","DOIUrl":"https://doi.org/10.2139/ssrn.3871744","url":null,"abstract":"This paper examines the position and entitlement of the Dissenting Financial Creditors under the Insolvency and Bankruptcy Code, 2016. It also reviews the Judgements of the Hon'ble Supreme Court of India in Jaypee Kensington Boulevard Apartments Welfare Association and Ors. v. NBCC (India)Ltd & Ors and India Insurgence ARC P Ltd v Amit Metaliks Ltd in which the Supreme Court had discussed as to the entitlements of such creditors during the Resolution Process. Under this paper an effort has been made to identify the rights envisaged under the Scheme of the IBC which can be claimed by the dissenting creditors.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134196263","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Grievance Redress by Courts in Consumer Finance Disputes","authors":"K. Gulati, R. Sane","doi":"10.2139/ssrn.3797435","DOIUrl":"https://doi.org/10.2139/ssrn.3797435","url":null,"abstract":"This paper studies how courts in India have dealt with consumer finance disputes. It presents the organisation of the courts that hear consumer finance cases. It reviews the 60 most cited cases to study the position that courts have taken in banking and insurance disputes. For the cases studied, it finds that courts have generally granted relief to consumers in banking disputes. In the case of insurance, courts have emphasised contractual compliance. This is so even if the contracts themselves were opaque or had unfair terms. The paper also finds that courts award low compensation and take a long time for adjudication. It suggests that courts should put in place systems to facilitate class action suits and bring in specialisation to deal with consumer finance disputes.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126088926","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Tax Administration in the Times of An Economic Crisis, COVID-19, Vis-à-Vis India","authors":"P. Agarwal","doi":"10.2139/ssrn.3842631","DOIUrl":"https://doi.org/10.2139/ssrn.3842631","url":null,"abstract":"Amidst the pandemic, discussions are happening about liquidity, tax compliance and economic development all around the world. The COVID-19 outbreak has proved to be devastating to the economies around the world. India’s GDP has been affected by the negative touchdown. Government of India has taken several steps to help the individuals, corporations and startups. It has taken steps to ensure liquidity in the market and boost the economic development process. The present paper talks about the tax administration, including “The Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020” (hereinafter referred to as “Relaxation ordinance”) and “Self-reliant India” that tries to achieve the objective. These policies postponed the deadlines for filing of returns, reduced the rate of return in case of delayed payments, etc. <br> <br>The paper starts with an introduction explaining the effect of COVID-19 on GDP of India. It talks about how economic slowdown has occurred and created negative spillover effects due to lockdown and post consequences. Further, I shall analyze the amendments via “Relaxation ordinance” and reforms via “Self-Reliant India” in the tax administration of India. Upon scrutinising the same, I shall make opinion and recommendations as to what could be done more, amidst COVID-19, to help the economy to overcome the barrier post-COVID-19.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"112 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131735486","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Commodification of Food, Farming and Farmers: A Critical Review of Farm Laws, 2020","authors":"Vinay Sankar","doi":"10.20896/saci.v8i3.1117","DOIUrl":"https://doi.org/10.20896/saci.v8i3.1117","url":null,"abstract":"The recently enacted Farm Laws in India has led to widespread and vigorous protests across the country. It has been hailed as a watershed moment by the neoliberal market analysts and is compared to the 1991 economic reforms, based on the notions of liberalisation, privatisation, and globalisation. A critical review of these laws and amendments needs to be situated in the larger narrative of commodification, wherein certain essential goods and services are appropriated and standardised and traded at market-determined prices. The present review intends to place these new laws in the broader policies and ‘projects’ of neoliberalisation of nature. A critical look at these laws shows that they have profound implications for social justice and environmental sustainability. It seeks to cross-question the food question and the peasant question by revisiting the ontological questions of what constitutes food and farming. It considers the new debate and the old vision of ‘food as commons’, and find that the new laws are, in fact, a continuation of attempts by neoliberal markets and states to commodify food and farming activities. Nevertheless, such attempts, for various reasons, face active resistance in the form of countermovements by the peasantry and enter the arena of political economy. The review argues that the present peasant resistance should be considered as part of the larger environmental justice movements.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131149855","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Studying the Impact of Fourteenth Finance Commission (Ffc: 2015–20) Recommendations on Fiscal Decentralization and the Consequent Impact on Social Sector Expenditure – a National and State-Wise Analysis","authors":"Aditya Bihani","doi":"10.2139/ssrn.3708925","DOIUrl":"https://doi.org/10.2139/ssrn.3708925","url":null,"abstract":"This paper seeks to study the impacts of the recommendations of the Fourteenth Finance Commission (FFC) with respect to greater devolution of untied transfers from centre to states. This recommendation was made and carried on keeping in mind that the states should be granted greater flexibility with regards to expenditure. However whether the states have used this increased flexibility to enhance expenditure on social services is what will determine the success of the FFC recommendation. As the period of the FFC (2015-2020) draws to a close understanding whether the recommendation was a success or not is of importance.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114136741","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Foreign Direct Investment and Economic Growth: Two Equally Desirable Dilemmas of Policy Makers in India","authors":"Piyal Chowdhury, A. Anuradha","doi":"10.34218/ijm.11.9.2020.083","DOIUrl":"https://doi.org/10.34218/ijm.11.9.2020.083","url":null,"abstract":"The study aims to analyze the importance of economic growth that has more relevance than Foreign Direct Investment (FDI) inflow for a stable development in India. The article takes the period of 1978 to 2019 to analyze the same. It applies Auto Regressive Distributed Lag Modelling Approach to find out the impact of economic growth. It is proved that there is a cointegration between FDI and economic growth in long run. In short run, both economic growth and FDI granger cause each other. Also, there exists a negative effect of FDI on economic growth in short run. Hence, the study recommends a threefold development process in India. The policy makers are suggested aligning the economic policies in a way to focus at the first stage only on economic growth which will bring FDI in India. At the second stage, they need to find relevant macroeconomic variables that will be positively influenced by FDI so that, at the third stage, these variables will ultimately contribute to growth of Indian economy.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121156897","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Resurrection of the Indian Consumer Law","authors":"P. Ranjan","doi":"10.2139/ssrn.3699260","DOIUrl":"https://doi.org/10.2139/ssrn.3699260","url":null,"abstract":"Indian legislature has introduced the new Consumer Protection Act, 2019 repealing the pre-globalization era Consumer Protection Act, 1986. The new law brings structural and procedural changes to the existing law and an attempt has been made to extinguish the shortcomings of the 1986 Act. Till now the loopholes existing in the 1986 law were checked through judicial activism, being a stop-gap arrangement. While briefing the media about the Consumer Protection Act, 2019, the Union Minister for Consumer Affairs, Food &amp; Public Distribution Shri Ram Vilas Paswan said that the new Act will empower consumers and help them in protecting their rights through its various notified Rules and provisions like Consumer Protection Councils, Consumer Disputes Redressal Commissions, Mediation, Product Liability and punishment for manufacture or sale of products containing adulterant/spurious goods.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133706341","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Determination of Rights under Co-Branding: Single Product, Multiple Trademarks","authors":"H. Vyas, Anya Behera, N. Blogs","doi":"10.2139/ssrn.3823871","DOIUrl":"https://doi.org/10.2139/ssrn.3823871","url":null,"abstract":"Due to the enlargement of market dimensions and increasing competition at the global level, due to significant enhancement of technology, e-commerce platforms, and comparative product analysis are just one click away, so, the market players are coming together to make their products cost-effective and to be easily available at the market. Co-branding is a strategic method through which several brands come together into a partnership for the introduction of their common products to reduce their product’s cost and maintains quality products through their mutual efforts. <br><br>This article seeks to comprehensively analyze the concept of Co-branding in the light of some famous Co-Branding partnerships. It also highlights its advantages and disadvantages.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130907569","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Analysing the Problem of Minority Awards in India","authors":"Aditya Chauhan","doi":"10.2139/ssrn.3879125","DOIUrl":"https://doi.org/10.2139/ssrn.3879125","url":null,"abstract":"The practice of upholding minority awards is not only on a completely different footing than partly severing and upholding the arbitral award, but also fails to provide a legal basis under the provisions of the Arbitration Act or any legal jurisprudence. The minority views are coloured as “arbitral awards”, which gives a false impression of party autonomy still being present in such a determination. This problem is more cantered on the approach of the courts, and has to be resolved by suitable judicial pronouncements. If it goes unchecked, it would threaten to defeat the very purpose arbitration by opening a Pandora’s box. This article analyses the problem of upholding minority awards in light of the Indian court judgments.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123400166","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}