Author: The RMLNLU Law Review Blog

The RMLNLU Law Review Blog is an online publication of Dr. Ram Manohar Lohiya National Law University, Lucknow. The Blog purports to facilitate publication of diverse perspectives on a range of issues concerning topics of contemporary legal significance and interest in the form of short, well informed opinions. The Blog was launched in July, 2015 and is edited and managed entirely by a small team of student editors at the University.
Case Comments, Finance & Banking

S. Sukumar v. Institute of Chartered Accountants of India & Ors. with Centre for Public Interest Litigation v. Union of India & Ors.

By: Kanishka Dasmohapatra INTRODUCTION On 23rd February, the Apex Court declared the activities of Multi-National Accounting Firms (hereinafter ‘MAFs’) in India, as ‘illegal and unethical’[1]. The 75-page landmark judgement culminated in directions that the Centre constitute a three-member expert committee, to analyse whether activities of MAFs are in conformity with The Chartered Accountants Act, 1949 (hereinafter ‘CA Act’)[2] and Code of Professional Conduct under the … Continue reading S. Sukumar v. Institute of Chartered Accountants of India & Ors. with Centre for Public Interest Litigation v. Union of India & Ors.

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The Editorial

Emerging Contours in Post Contractual Duty: A Review of Insurance Case Laws

By: Anjanay Pandey INTRODUCTION In Insurance contracts, an essential element is Utmost Good Faith.[1] The phrase is borrowed and derived from the Latin expression Uberrimae fidei (or urberrima fides). The principle imposes a duty of full disclosure and any material misrepresentation, whether or not intentional, serves to void the policy ab initio.[2] The insurance contracts being contracts of good faith, require the disclosure of facts, … Continue reading Emerging Contours in Post Contractual Duty: A Review of Insurance Case Laws

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Civil Procedure, Posts

Harmonious Construction of Sections 22 and 23 of the Limitation Act, 1963

By: Vani Kaushik INTRODUCTION The general principle followed in the law of limitation is that the limitation commences from the earliest possible time a suit can be instituted.[1] However, an exception to this is laid down under section 23 of the Limitation Act, 1963 (hereinafter ‘the Act’), which states that where there exists no independent cause of action, the limitation starts running from the time … Continue reading Harmonious Construction of Sections 22 and 23 of the Limitation Act, 1963

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Corporate Restructuring and Insolvency, Posts

Evolution of the Status of a Home Buyer: Consumer Protection Act, 1986 to Insolvency and Bankruptcy (Amendment) Ordinance, 2018

By: Ayush Chaddha Under the Consumer Protection Act, 1986 (hereinafter ‘COPRA’), home buyers are regarded as consumers, thereby providing the remedy to approach the consumer court in case of a default by the builder in the delivery of the real estate project. Over the years, home buyers had the remedy exclusively under COPRA and were treated at par with consumers of other goods and services. … Continue reading Evolution of the Status of a Home Buyer: Consumer Protection Act, 1986 to Insolvency and Bankruptcy (Amendment) Ordinance, 2018

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Public Policy, The Editorial

Reducing Farmer Suicides in India through Stricter Media Regulations

By: Raj Shekhar More farmers in India are committing suicide than ever before because of their failure to repay debts — at least, this is what the majority of our Indian [emphasis supplied] news media report with headlines often pinpointing an increase in the number of such appalling instances. However, recent data brought out by the National Crime Records Bureau (NCRB) shows a gradual decline … Continue reading Reducing Farmer Suicides in India through Stricter Media Regulations

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Intellectual Property, Posts

Fan Subbing: The Void of Speaking in Subtitles

By: Chitresh Baheti & Krati Sharma “Subtitling conventions are not set in stone and only time will tell whether these fansub conventions are just a mere fleeting fashion or whether they will… become the seed of a new type of subtitling for the digital space.”  – Diaz Cintas and Munoz Sanchez, 2006 Audio-visual translation represents an area where the tussle between the professional norms and … Continue reading Fan Subbing: The Void of Speaking in Subtitles

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Corporate Restructuring and Insolvency, Posts

Sale of Corporate Debtor as Going Concern: A New Option Available to the Liquidator under IBBI (Liquidation Process) Regulations, 2016

By: Mudit Nigam Recently in March 2018, the Insolvency and Bankruptcy Board of India (IBBI) notified the IBBI (Liquidation Process) (Amendment) Regulations, 2018 to amend the IBBI (Liquidation Process) Regulations, 2016 (Regulations). The 2018 Amendment, which is effective from 1st April, 2018, has amended Regulation 32 of the Regulations which deals with ‘Manner of Sale’ for the Liquidator. It has introduced “sell the corporate debtor as … Continue reading Sale of Corporate Debtor as Going Concern: A New Option Available to the Liquidator under IBBI (Liquidation Process) Regulations, 2016

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International Law, Posts

Autonomous Naval Mines: An Upcoming Threat to the Freedom of Navigation in the High Seas?

By: Aman Bahl The law of naval warfare as it existed in 1907[1] and as it is apprehended in 2018 displays a few similarities but many differences. The fundamental similarity is that the law of naval warfare can be seen, then as now, as comprising predominantly of customary international law. The many disparities in this law have been caused by the major variations in the … Continue reading Autonomous Naval Mines: An Upcoming Threat to the Freedom of Navigation in the High Seas?

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Dispute Resolution, International Law, Posts

Treaty Shopping: A Melee Between the Primary Players

By: Saurabh Tiwari INTRODUCTION Globally, the issue of tax, investment, and dispute resolution in investment law is one that witnesses constant scuffle between the prominent players namely: the state and the investors. Jurisdiction of an arbitral tribunal plays a vital role in disputes between investors and state. States prefer the dispute to be resolved in their national courts as per their national laws while investors … Continue reading Treaty Shopping: A Melee Between the Primary Players

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Constitutional Law, Posts, Securities

Whatsapp Leak Case: A Struggle Between Right & Duty

By: Chitresh Baheti INTRODUCTION Reuters, on 16th November 2017, reported that the quarterly results of 12 giant MNCs[1] were being circulated on WhatsApp groups even before they were declared. This information was being circulated under the title ‘HOS: Heard on Street’.[2] This prompted the Indian security regulator board, SEBI, to carry forward investigations which came to be known as the WhatsApp Leak case.[3] SEBI conducted … Continue reading Whatsapp Leak Case: A Struggle Between Right & Duty

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