Over the past years, corporate social responsibility in India has acquired legal and social significance. Several sustainable outcomes have come from CSR activities in India and elsewhere. Despite that, many view it as an obligation and impediment. While the expectations from businesses and corporates have increased beyond profit margins, many have contested the mandatory effect of CSR on small businesses. Sneha Sengupta presents a nuanced debate on CSR from a constitutional and jurisprudential standpoint. Arguing from the utilitarian principle, Sneha offers why laws on corporate social responsibility could bear dissatisfaction among corporates but remain essential.
Cross-border mergers and acquisitions pose a unique opportunity to further globalisation and economic boom, since the same is strategic and benefits both parties involved. However, mergers and acquisitions also present specific issues, for instance, layoffs, negative climate impact, foreign laws and taxes, cultural differences, among other things. Therefore, it’s even more important to understand whether they offer a sustainable model of development. Kinkini Chaudhari explains the meaning of mergers and acquisitions globally and in India using examples. Kinkini also surveys a small sample size to understand how laypeople interpret the scope of cross-border mergers and acquisitions in India, especially after the Covid-19 pandemic.
Soon after its promulgation, the FCRA 2020 Amendment received massive criticism. Several aspects of the Act are currently challenged ahead of the Indian Court. For instance, recently three joint petitioners challenged the ‘severely restricted use of foreign funds’ and the mandatory condition of receiving funds in the New Delhi Branch of the State Bank of India. In the light of increasing government control and politically charged policies, the FCRA 2020 Amendment seems to indicate the state’s intentions. Aeshita Singh explains FCRA 2020 Amendment, tracing FCRA’s history and how it impacted the NGO-state relations over the years.
The motivation for introducing payments banks in India came from the lack of access and prevalent financial literacy. Before initiating and setting payments banks, the Reserve Bank of India went through several policy considerations to promote financial inclusion. Aditee Dash explains the meaning and advent of payments banks in India. Aditee also understands its function and its contemporary role in democratising banking systems.
In the past few years, sustainability reporting in India has become an essential aspect of subsistence for companies that seek business opportunities. Further, the latest circular by the Securities and Exchange Board of India reignited the debate on the implication of the new sustainability reporting format, which will apply to 1000 listed companies by marker-capitalisation. Debarati Pal and Dipendu Das analyse the circular and explain the impact and history of sustainability reporting in India.
While the question, is ‘Covid-19 a force majeure event?’ has been discussed several times, it hasn’t been detailed concerning different countries. In the absence of a legislative definition and evolved jurisprudence regarding the application of the force majeure clause, it only makes sense to analyse its operation compared with other countries. The piece also answers how the covid-19 as a force majeure event affected the real estate sector in India. Saradha Devi writes a compelling analysis of the application of the force majeure clause in India and elsewhere. Through specific examples, Saradha also draws its impact on housing and real estate.
While the usage of the force majeure clause and its doctrine is relatively narrow, it became almost overused during the Covid-19 pandemic and several lockdowns in states and the country which followed. Among many other things that the Covid-19 pandemic hit, it also disrupted the economy and the fulfilment of contracts and contractual obligations. Namit Vora explains the meaning of force majeure and doctrine of frustration and explains how its use panned out in India.
By Vikesh Kumar, Dr. Ram Manohar Lohiya National Law University, Lucknow Editor’s note: Contracts are promises that the law will enforce. In case of contract,
Sankalp Shanker Srivastav Editor’s Note: India is witnessing strong growth prospects in organized retailing with foreign retail players willing to make investment in the sub continent.
Sankalp Shanker Srivastava Introduction- The Principle The origin of the principle of the Doctrine of Agency of Necessity rests in the idea where an agent
By Shraddha Singh, Symbiosis Noida Editor’s Note: The objective of the research study is to analyse and examine the solutions of risk management preferred by banks.
By Siddharth Dalabehera Introduction The term ‘Securities’ under Section 2(81) of the Companies Act, 2013 has been defined to mean ‘securities’ as defined in Clause
By Souradeep Mukhopadhyaya AGREEMENTS IN RESTRAINT OF MARRIAGE: POSITION IN ENGLISH LAW: Under English Law, agreements which restrain marriage are discouraged as they are injurious
The goal of a large number of criminal acts is to generate profits for the individual or the group that carries out the act. Money laundering is the processing of these criminal proceeds to disguise their illegal origin. This process is of critical importance, as it enables the criminal to enjoy these profits without jeopardising their source. In this paper, the author has discussed the various stages, trends, developments and the law relating to this subject.
In this submission, the author has discussed in detail the Mohori Bibee case wherein, for the first time in 1903, the Privy Council declared that the minor’s contract was void and not merely voidable. The Privy Council reached this conclusion on the basis of various Sections of the Indian Contract Act which have also been elaborated in this paper to define the nature of a minor’s agreement.
By Tanvi Praveen, Symbiosis Law School, Noida Editor’s note: Knowledge is said to be power. Nowhere does this hold truer than in the case of