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MARKETS CONSTRUCTED THROUGH INSOLVENCY: DEFERRED CONTROL, FINALITY, AND THE STRUCTURAL LIMITS OF COMPETITION LAW

Insolvency Beyond Rescue: Engineering Opacity at the Intersection of Competition and Resolution Law The discourse relating to the interface between the Competition Commission of India (CCI) and the Insolvency and Bankruptcy Code (IBC) has been plagued mainly by procedural impediments, long timelines, sequential clearance requirements and lapses in corporate defence mechanisms. Practitioners look forward to […]

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Privacy concerns in data driven merger

INTERMEDIARY LIABILITY, JUDICIAL INTERPRETATION, AND THE COST OF AN UNCLEAR RULE

The ongoing debate over regulating digital content reached a critical inflection point in India. This challenge is grave, as the proliferation of misinformation, amplified by electronic media, digital platforms, and social media, presents a serious threat to public order and democratic processes globally. The conventional safeguards of editorial control have become almost non-existent, largely because

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Legislation by Incorporation & Legislation by Reference – The Modern View in light of the Recent Bombay High Court Judgement

Introduction In July 2025, the Bombay High Court through a judgment authored by Justice Borkar delivered a significant decision in Nagani Akram Mohammad Shafi v. The Union of India. The case arose from a challenge to ongoing proceedings under the Prevention of Money Laundering Act, 2002 (PMLA), after the repeal of the Indian Penal Code,

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Mapping Data as Currency: New Routes in Consumer Protection

Introduction Earlier in the year, a tragic accident ensued in Rajasthan, after Google Maps allegedly led the driver of a van onto a closed bridge, which then led to the vehicle being swept away by the river, claiming death of three. A congruent fatal accident in Uttar Pradesh, due to misdirection of Google Maps, also

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ONE NATION, ONE LICENCE, ONE PAYMENT: RE-ENGINEERING COPYRIGHT FOR AI TRAINING ECONOMY

The policy proposal, One Nation One License One Payment proceeds to a drastic re-tuning of an age of generative artificial intelligence of copyright governance. The heart of it is a doctrinal shift; one grounded in consent exclusivity is substituted with liability rule, supported by royalty, to have works that were copyrighted be used in AI

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Behind the Curtain: RTI, Algorithms, and the Dangerous Cost of Secrecy in India

I. Introduction: When the Right to Know Meets a Wall In the largest democracy in the world, requesting information should have been a right, not a risk. The RTI Act of 2005 was promising and showed signs of pulling apart the bureaucratic curtain and shedding light to allow good civic action. Almost twenty years later,

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When Boardrooms Fail: The Collision of Corporate Governance Breakdowns, Real Estate Insolvency, and Arbitration in India

Introduction The real estate sector in India works under various layers of regulation to safeguard investors and homebuyers. The Companies Act, 2013, prescribes boards to have audit committees and independent directors as preventive measures against fraud. The Real Estate Regulation and Development Act, 2016, provides that 70% of the buyer money is to be kept

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Recent Developments in International Mercantile Shipping Law: Insights from the UK, Ireland, and India

In an era where global trade relies heavily on the seamless movement of goods across oceans, mercantile shipping law continues to develop to address emerging challenges such as environmental sustainability, geopolitical tensions, and technological advancements. International maritime law, governed largely by conventions from the International Maritime Organisation (IMO), sets the baseline, but common law jurisdictions

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John Doe Orders: An Instrument for the Protection of Personality Rights- Part II

Legal and Procedural Concerns In light of the discussion in Part I, John Doe orders raise significant legal and procedural concerns, which can be described as follows: Lack of Statutory Backing One of the foremost issues is that John Doe orders are a result of judicial innovation springing from Section 151 and Order XXXIX, Rule

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John Doe Orders: An Instrument for the Protection of Personality Rights- Part I

Introduction In the rapidly evolving landscape of digital content consumption, the proliferation of online platforms, peer-to-peer file sharing, and increased anonymity on the internet have posed significant challenges to the enforcement of legal rights—particularly in the domain of intellectual property (“IP”). To counter these threats, John Doe orders have come as a relief. These orders

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