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Nuclear energy safety, regulatory independence, and judicial deference: the case of the Atomic Energy Regulatory Board of India
(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 ...
Right of recourse claims based on latent defects in the nuclear energy sector in India: brace yourself for fact-intensive disputes
(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 ...
The doctrine of frustration under section 56 of the Indian Contract Act
(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 ...
Hydraulic fracturing and groundwater contamination in India: evaluating the need for precautionary action
(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 ...
Medical negligence and law: application of the Bolam and Bolitho rules in India
(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 ...
An exploration of public risk perception and governmental engagement of nuclear energy in India
(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 ...
The law of restitution for unjust enrichment in India
(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 ...
Apartment buyers as financial creditors: pushing the conceptual limits of the Indian insolvency regime
(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 ...