Browsing Working Papers by Author "Ram Mohan, M. P."
Now showing items 1-18 of 18
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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 ... -
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 ... -
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 ... -
Environmental claims under Indian insolvency law: concepts and challenges
Ram Mohan, M. P.; Prasad, Sriram (Indian Institute of Management Ahmedabad, 2023-04-06)The intersection between environmental liability claims and insolvency of the entity concerned have grown increasingly complex. Over the years, India has seen enactment of several laws and proactive judicial decisions ... -
Exploring gender perceptions of nuclear energy in India
Govindan, Mini; Ram Mohan, M. P. (Indian Institute of Management Ahmedabad, 2021-11-06)There are numerous studies that have examined the role of gender on differential perceptions on various aspects of energy, including those related to nuclear plants. Yet, few studies have explored the role of changing ... -
In pursuit of balance: vicarious liability doctrine in the United Kingdom and India
Ram Mohan, M. P.; Muralidhar K, Sai (Indian Institute of Management Ahmedabad, 2022-12-20)The Doctrine of Vicarious Liability is a unique exception to the principle of fault-based liability and holds persons liable for the actions of third parties. The recent verdicts in WM Morrison Supermarkets v Various ... -
Insolvency set offs in India: a comparative perspective
Ram Mohan, M. P.; Raj, Vishakha (Indian Institute of Management Ahmedabad, 2021-06-01)The overarching objective of the Insolvency and Bankruptcy Code, 2016 (IBC) is to foster rescue culture in India and facilitate the reorganization, restoration and resolution of the corporate debtor rather than its ... -
Intellectual property licenses in cross-border insolvency: lessons from In Re Qimonda
Ram Mohan, M. P.; Gupta, Aditya (Indian Institute of Management Ahmedabad, 2021-11-05)Introduced in 2016, the Insolvency and Bankruptcy Code overhauled the Indian insolvency regime. Five years young, the work in progress Code is now in the process of adopting the Cross-Border insolvency, which was omitted ... -
Merger control for IRPs: Do acquisitions of distressed firms warrant competition scrutiny?
Ram Mohan, M. P.; Raj, Vishakha (Indian Institute of Management Ahmedabad, 2020-05-08)In July 2019, the Competition Law Review Committee Report had recommended that Insolvency Resolution Plans (IRP) which result in combinations should be green-channelled. This would mean that IRP combinations would be ... -
Pre-packs in the Indian insolvency regime
Ram Mohan, M. P.; Raj, Vishakha (Indian Institute of Management Ahmedabad, 2020-08-03)Pre-packaging allows a distressed company to negotiate a plan with its creditors and a purchaser before entering formal insolvency proceedings. By allowing the terms of a plan to be negotiated before formal proceedings, ... -
Public perception of courts in India: unmeasured gap between the justice system and its beneficiaries
Ram Mohan, M. P.; Faisal, Muhammed K.; Alex, Jacob P.; Shiju, M. V. (Indian Institute of Management Ahmedabad, 2020-11-02)Understanding how people view the courts and the legal profession helps in identifying some areas of friction, and thereby provides critical insights into the measures needed to improve the working and management of the ... -
Right of recourse claims based on latent defects in the nuclear energy sector in India: brace yourself for factintensive disputes
Ram Mohan, M. P.; Kini, Els Reynaers (Indian Institute of Management Ahmedabad, 2019-05-01)This working paper is focused on trying to interpret the meaning of “latent defects” and analysing how a case were to unfold if an operator of nuclear installation were to exercise its right of recourse against a supplier ... -
Right to research and copyright law: from photocopying to shadow libraries
Ram Mohan, M. P.; Gupta, Aditya (Indian Institute of Management Ahmedabad, 2021-09-03)Academic research and publishing are facing a crisis. The importance of access to academic literature in an interconnected world, the ever-growing cost of subscriptions to this literature, different revenue models of ... -
The role of insolvency tests: implications for Indian insolvency law
Ram Mohan, M. P. (Indian Institute of Management Ahmedabad, 2021-04-01)Insolvency determination is central to the formal insolvency and bankruptcy proceedings of a debtor entity. In determining whether a company is solvent or insolvent, two tests are generally used by the bankruptcy courts ... -
Section 29A of India’s insolvency and bankruptcy code: an instance of hard cases making bad law?
Ram Mohan, M. P.; Raj, Vishakha (Indian Institute of Management Ahmedabad, 2021-07-01)The Insolvency and Bankruptcy Code, 2016 offers a second chance to a distressed corporation but not its incumbent management. Section 29A of the IBC excludes promoters and the incumbent management of corporations with ... -
Tests to determine employer-employee relationships in India: looking towards the future?
Ram Mohan, M. P.; Muralidhar K., Sai (Indian Institute of Management Ahmedabad, 2023-04-20)The underpinning of an employee’s social security benefits is an employer-employee relationship. Workers are traditionally classified as employees (contract of service) or independent contractors (contract for service). ... -
Tracing director liability framework during borderline insolvency & corporate failure in India
Ram Mohan, M. P.; Shah, Urmil (Indian Institute of Management Ahmedabad, 2021-08-02)The life of a company depends upon the fine balance between its management led by Board of Directors and shareholder, and non-shareholder constituencies acting as the risk bearers. The Board of Directors therefore are ... -
Treatment of intellectual property license in insolvency: analysing Indian law in comparison with the U.S. and U K
Ram Mohan, M. P.; Gupta, Aditya (Indian Institute of Management Ahmedabad, 2021-08-01)A bankrupt debtor’s ability to escape unprofitable contracts, enshrined in Section 365 of the American Bankruptcy Code, is considered central to a successful reorganisation within Chapter 11. The ambit of this power and ...