Browsing by Author "Ram Mohan, M. P."
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Analysing the working of one-person company in India
Heda, Abhishek; Gautam, Narinder (Indian Institute of Management Ahmedabad, 2020)The Companies Act of 2013 completely transformed Indian corporate law by adopting several new approaches that had never existed before. The adoption of the One Person Company concept was one such move. This resulted in the ... -
Analysis of defamation cases in India
Shah, Naimil; Dharap, Chinmay (Indian Institute of Management Ahmedabad, 2020)Defamation is the act of injuring a said person's reputation by making statements about them that are false when observed by a common neutral person. Any lies, incorrect or unprivileged statements that are written or spoken ... -
Apartment buyers as financial creditors: pushing the conceptual limits of the Indian insolvency regime
Ram Mohan, M. P.; Raj, Vishakha (Columbia Journal of Asian Law, 2020-06-01)A unique feature of the Indian insolvency regime is its classification of debt into “operational” and “financial” debt. In Swiss Ribbons v. Union of India, the Supreme Court of India tenaciously upheld the difference between ... -
Auction or not to auction as a public policy challenge: lessons from the natural resources allocation case of supreme court
Iyer, Radhika; Panda, Swastik Sovan (Indian Institute of Management Ahmedabad, 2020)Objective The objective of the project is to look at resource allocation based on the Supreme Court decision on the Presidential Reference of 2012 in the backdrop of the 2G case and analyze how it spans out in the business ... -
Auditors’ negligence and professional misconduct in India: a struggle for a consistent legal standard
Ram Mohan, M. P.; Raj, Vishakha (Indian Institute of Management Ahmedabad, 2020-01-09)Gross negligence is a severe form of negligence. Its severity has been characterized using the presence of a mental element or mens rea accompanying the negligent act. Within the context of professional negligence, gross ... -
Automobile recall and liability: Katzer Motors Private Limited
Ram Mohan, M. P. (Indian Institute of Management Ahmedabad, 2019-03-12)The case discusses the upcoming launch of Katzer Motors Private Limited’s first vehicle in India. The vehicle relies on an internationally developed platform, wherein some defects have been identified. These defects were ... -
Automobile recall and liability: Katzer Motors Private Limited: A Teaching Note
Ram Mohan, M. P. (Indian Institute of Management Ahmedabad, 2019-03-12) -
Compensation for environmental damage: progressively casting a wider net, but what’s the catch?
Ram Mohan, M. P.; Kini, Els Reynaers (Indian Institute of Management Ahmedabad, 2020-06-01)The 2018 decision by the International Court of Justice (ICJ) in which it for the first time addressed compensation for environmental damage in the case Certain Activities Carried Out by Nicaragua in the Border Area ... -
Constitution, Supreme Court and Regulation of Coal Sector in India
Ram Mohan, M. P.; Yadav, Shashikant (Eastern Book company, 2018)The paper maps four decades of coal sector litigation before the Supreme Court of India and draws a narrative on the constitutional contestation and the legal position as it stands today. Coal is one of the most ... -
Constitutional mandate and judicial initiatives influencing Water, Sanitation and Hygiene (WASH) programmes in India
Ram Mohan, M. P.; Dulluri, Anvita (IWA Publishing, 2017)This paper undertakes a thorough review of the legislative and policy framework of water supply and sanitation in India within the larger backdrop of the universal affirmation of right to water and sanitation under the ... -
Corporate criminal liability in India
Ram Mohan, M. P. (Indian Institute of Management AhmedabadIndian Institute of Management Ahmedabad, 2019-12-10)The cases of Standard Chartered v. Directorate of Enforcement (2005), Iridium India v. Motorola Inc & Ors. (2011), and Sunil Bharti Mittal v. Central Bureau of Investigation represent a significant development in India’s ... -
Corporate criminal liability in India: A teaching note
Ram Mohan, M. P. (Indian Institute of Management Ahmedabad, 2019-12-10) -
Corporate scams: a comparative learning from India and USA
Aggarwal, Abhishek; Gupta, Srishti; Chauhan, Vikas (Indian Institute of Management Ahmedabad, 2018)The 21st century has greeted mankind with innumerable delicacies. At the same time, it has shown the extent to which individual or group benefits, when given a veil in the form of a Corporate Fraud, as defined in its raw ... -
Criminal negligence and director's liability under Indian Penal Code: the case of Bhopal gas tragedy
Ram Mohan, M. P. (Indian Institute of Management Ahmedabad, 2019-12-02)The 1984 Bhopal gas leak tragedy remains unprecedented in any corporate history. The judgement in State of Madhya Pradesh v. Warren Anderson & Ors. rendered in 2010 laid down standards which remain relevant even today for ... -
Criminal negligence and director's liability under Indian Penal Code: the case of Bhopal gas Tragedy: a teaching note
Ram Mohan, M. P. (Indian Institute of Management Ahmedabad, 2019-12-02) -
Cross border insolvency: will this bring a paradigm shift in doing businesses beyond the Indian borders?
Gosar, Bhadrik (Indian Institute of Management Ahmedabad, 2020)After the advent of Insolvency and Bankruptcy Code (“IBC”), it has undergone many changes and challenges. The law brought in major change in ease of doing business ranking for India since foreign investors could now see a ... -
Cryptocurrency regulation in India
Agarwal, Krati; Narang, Vineet (Indian Institute of Management Ahmedabad, 2020)Cryptocurrencies or virtual currencies are digital currencies used by private groups or individuals. Since most of them are not regulated by central banks and national government, they are known as alternative currencies ... -
Data uses, privacy, ethics & legality
Bhagat, Subham; Madhiyalla, Pranav (Indian Institute of Management Ahmedabad, 2019)Data has become the most powerful resource in the 21st century. The fourth digital revolution has seen a rapid digital transformation. Until the late 20th century, oil companies used to rule the world. Those companies had ... -
Doctrinal conflict in foreign investment regulation in India: NTT Docomo vs. Tata Sons and the case for “Downside Protection”
Ram Mohan, M. P.; Ishizuka, Nobuhisa; Sharma, Sidharth (Indian Institute of Management Ahmedabad, 2021-02-01)The strategic importance of India as an investment destination for foreign investors is highlighted by ongoing tensions in the Indo-Pacific region, and the recognition that a strong economic relationship with India is in ... -
The doctrine of frustration under section 56 of the Indian Contract Act
Ram Mohan, M. P.; Murugavelu, Promode; Ray, Gaurav; Parakh, Kritika (Indian Law Review, 2020)The performance of obligations under a contract may be hindered by unexpected supervening events, leading to contractual uncertainties. The doctrine of frustration paves the way for a just consequence of such an unfortunate ...