Browsing Journal Articles by Author "Ram Mohan, M. P."
Now showing items 1-14 of 14
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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 ... -
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 ... -
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 ... -
An exploration of public risk perception and governmental engagement of nuclear energy in India
Ram Mohan, M. P.; Namboodhiry, Sreenath K. (Journal of Public Affairs, 2020)Public acceptance constitutes an important factor in successfully establishing and operating nuclear power plants. This paper explores public attitudes to the Kudankulam Nuclear Power Project commissioned in 2013 and ... -
Hydraulic fracturing and groundwater contamination in India: evaluating the need for precautionary action
Yadav, Shashikant; Sarangi, Gopal K.; Ram Mohan, M. P. (Journal of Energy & Natural Resources Law, 2019)The hydraulic fracturing (fracking) and groundwater contamination debate started as soon as the commercial production of shale gas began in the United States. Since then there have been contrasting studies that have analysed ... -
The law of restitution for unjust enrichment in India
Ram Mohan, M. P.; Godha, Mridul (Lloyd's Maritime and Commercial Law Quarterly, 2020)The law of restitution for unjust enrichment is among the most debated private law topics today. It has been invoked to justify the right to restitution in cases which fall outside the scope of contract law. Despite being ... -
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 ... -
Moving the mountain: Stigma removal, strategic industry, and the Indian civilian nuclear industry
Gopakumar, K. V.; Ram Mohan, M. P.; Awasthi, Kshitij (Wiley, 2023-07-28)The present study examines stigma removal in the context of strategic industries. Strategic industries are critical from a national interest perspective and may not be able to engage in conventional stigma management ... -
Nuclear energy safety, regulatory independence, and judicial deference: the case of the Atomic Energy Regulatory Board of India
Ram Mohan, M. P.; Gopakumar, K. V.; Smith, Tyson (Administration & Society, 2019)Research examining regulatory independence has either suggested de jure independence to be a predictor of de facto independence or suggested that the presence of de jure may not always indicate de facto independence. We ... -
Nuclear energy: A nuclear safety
Ram Mohan, M. P. (Oxford University Press, 2017)As of March 2016, there are seventy-eight contracting parties and sixty-five signatories to the CNS. Paraguay submitted its instrument of accession on 9 January 2014, which entered into force on 9 April 2014, and Montenegro ... -
Right of recourse claims based on latent defects in the nuclear energy sector in India: brace yourself for fact-intensive disputes
Ram Mohan, M. P.; Kini, Els Reynaers (Journal of Global Operations and Strategic Sourcing, 2020)This paper analyses how a case were to unfold if an operator of a nuclear installation were to exercise its right of recourse against a supplier in the event of supply of equipment or material with latent defects, as ... -
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. ... -
Which interpretational route will the Supreme court of India follow when faced with the contentious civil liability for nuclear damage act, 2010?
Ram Mohan, M. P. (Oxford University Press, 2018-04-10)The Civil Nuclear Liability for Damages Act of India enacted in 2010 has been a matter of concern to international suppliers and vendors. This is due to the perceived deviation of the law from the principle of legal ...