Browsing Journal Articles by Author "Raj, Vishakha"
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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 ... -
Medical negligence and law: application of the Bolam and Bolitho rules in India
Ram Mohan, M. P.; Raj, Vishakha (Economic & Political Weekly, 2019)India has adopted the Bolam rule from the United Kingdom and has been using it to adjudicate cases of medical negligence. The evolution of the Bolam rule in the UK as well as the way the rule is applied in India by the ... -
Section 29A of India’s Insolvency and Bankruptcy Code: an instance of hard cases making bad law?
Ram Mohan, M. P.; Raj, Vishakha (Taylor and Francis, 2022-07-28)The Insolvency and Bankruptcy Code (IBC) of India which offers a mode of reorganisation for distressed corporations prevents promoters and directors with non-performing assets from submitting plans to rescue their company. ...