NUJS Journals West Bengal National University of Juridical Sciences
Not a member yet
453 research outputs found
Sort by
SHORT SELLING: A CHAOS THAT REQUIRES A SOLUTION?
Get PDFShort selling is the sale of securities that are acquired in principle which the seller is not the owner of at the time they are sold. The seller sells the securities at a high price and afterwards purchases them again at a lower cost, profiting from of the price gap. Scholars believe, on the one hand, that short-seller reports encourage the finding of negative information that enhances market pricing & market efficiency. Many argue, on the other hand, that short-seller reports are malicious tools used among short-sellers to drive the share price of their targets & financial gains from short positions. Despite the opposing viewpoints, capital market regulatory authorities for most nations, and particularly in all advanced capital markets, acknowledge short selling as a lawful investment activity. These nations additionally have a booming market for equity derivatives, including stock futures. Some counties even acknowledge the utility of naked short sales in only certain circumstances, & rather than banning them, regulatory authorities have allowed them to work inside a regulatory mechanism. The IOSCO has also assessed short selling across marketplaces and it has suggested transparency instead of prohibition of short selling. The position of short selling in India has been critically examined in this paper. The paper's main arguments revolve around the prohibition of negative short-seller information on publicly traded companies that have the potential and are only intended to entice investors to trade in the stock. The author contends that short-seller reports must be handled as fraudulent underneath the SEBI PFUTP Regulations while they create irresponsible interpretations about a corporation, regardless of whether accurate or otherwise, in order to persuade stakeholders to sell the target stock, causing artificial movements with in targets stock price. The author also attempts to highlight some regulations in place in other jurisdictions
GIFT CITY: AN OVERVIEW OF PREVAILING AND PROSPECTIVE AIRCRAFT LEASING STRUCTURES IN INDIA
Get PDFAir India and IndiGo attracted significant attention recently with record aircraft orders, underscoring India’s position as the fastest-growing commercial aviation market globally. The potential for India to evolve into a major aviation hub hinges on government initiatives to cultivate a conducive business environment. Over 80% of fleets at airlines like IndiGo and SpiceJet comprise of leased aircraft. Ireland is currently the global leader in aircraft leasing, benefiting from favourable tax treaties and policies that attract lessors. In a strategic move to challenge this status quo, the Indian government has designated ‘aircraft lease’ as a financial product under the International Financial Services Centre Act 2019, offering significant tax incentives to lessors operating within the GIFT City Special Economic Zone. However, foreign lessors remain hesitant due to concerns over the nascent SEZ framework, limited financing options, and recent insolvency issues faced by Go First, which exacerbate apprehensions regarding asset repossession. For India to actualise its ambition of becoming a global aviation leasing hub, it is imperative that it undertakes comprehensive reforms to reinforce regulatory certainty, augment investor confidence, and attract foreign direct investment into its leasing ecosystem
ROLE OF THE IATA IN AIRPORT GOVERNANCE AND SUSTAINABILITY PRACTICES IN INDIA: A CASE STUDY OF THE GUWAHATI AIRPORT
Get PDFClimate change is no longer a distant threat but a visible crisis, especially with the sharp rise in global temperatures. Despite the Paris Agreement’s goal to limit warming to 2°C above pre-industrial levels, emissions continue to rise, posing a major challenge. The civil aviation industry is a significant contributor to carbon emissions, and organisations like the International Air Transport Association are pushing for net-zero emissions by 2050 through sustainable innovations in airlines and airports. However, the real challenge lies in implementing these sustainability goals. The case of Guwahati’s Lokpriya Gopinath Bordoloi Airport highlights the gap between claims of sustainability and actual efforts. While some basic eco-friendly measures are in place, the lack of comprehensive carbon footprint assessment and genuine planning undermines long-term sustainability. The paper emphasises practical and pragmatic solutions that can contribute towards real progress, rather than publicity
ACCESSIBLE AIRPORTS: THE INDIAN CONUNDRUM
Get PDFAmong the rights guaranteed under the Universal Declaration of Human Rights (UDHR) and the Constitution of India, the right to freedom of movement is a primary tenet of fundamental freedoms. However, for 1 out of 8 people who might suffer from an apparent or latent disability, this right is significantly curtailed due to the lack of adequate facilities in airports and the civil aviation sector in general. International civil aviation bodies such as the International Civil Aviation Organization (ICAO) and International Air Transport Association (IATA) have already published detailed guidelines on the matter regarding how to make airports and air travel truly accessible, keeping in mind the broad range of physical and intellectual disabilities that the passengers may have. However, the true problem lies in their implementation. As was evidenced in this study, even for the major airports in India, implementation of truly disability-friendly policies is abysmally lacking. While steps are being made in the right direction, strict and urgent actions are required at both state and central governmental levels to ensure implementation across the nation. Keywords: Accessibility standards – Freedom of movement – ICAO – IATA – UDH
WHEN IP MEETS NFTs: THE CASE FOR INTELLECTUAL PROPERTY PROTECTION FOR NON-FUNGIBLE TOKENS
Get PDFThe world has seen enormous disruption by new age technologies in every domain of today's economy including the arena of art, music and entertainment. Furthermore, the impact of artificial intelligence and blockchain technology particularly the Non Fungible Tokens (NFTs) has overwhelmed scholars about their understanding of laws related to intellectual property. Advances in technology are expanding the scope of intellectual property beyond traditional patents, trademarks, designs, trade secrets, plant breeders' rights, and more. Various issues related to intellectual property have taken centre stage in the world of NFTs and Blockchains. Intellectual property disputes over virtual goods and NFTs are on the rise, and countries across the world are endeavoring to address the issues related to the protection of virtual goods. This article analyses the nature and scope of protection granted to virtual goods and NFTs in major jurisdictions viz the US and China. Further, the article analyses if the provisions of Indian IP Laws particularly the Trademarks and Designs Acts are sufficient to grant protection to the virtual goods
CONSTITUTIONAL DIMENSIONS OF SOCIAL SECURITY LAWS IN INDIA
Get PDFVarious constitutional provisions that are in tune with those embodied in international legalinstruments such as the Universal Declaration of Human Rights, International Covenant onEconomic, Social and Cultural Rights, etc., help in shaping and streamlining social securitylaws and policies across jurisdictions. In the Indian perspective, the Constitution empowersthe state to protect its citizens by extending social security benefits thereby helping in thepromotion of the ideals of a welfare state. In accordance with the constitutional mandates,the state can guarantee social security and assistance in cases of unemployment, old-age,sickness, maternity, disablement, etc. This article tries to know, in view of the emergence ofthe rights approach in judicial interpretation of Directive Principles of State Policy (DPSP),whether and how much the constitutional provisions especially in the form of DPSP andFundamental Rights have been effective in ensuring proper implementation of social securitylaws and policies in India. .It strives to identify the constitutional dimensions of socialsecurity laws in light of various judgments highlighting the interrelationship between DPSPand Fundamental Rights. The article also seeks to know whether federalism and multilayeredformulation and implementation of social security measures are helpful in ensuring amore stable, robust and economically viable social security system
JUDICIAL ACTIVISM ON SUSTAINABLE DEVELOPMENT: DAWN OF INDIAN ENVIRONMENTAL JURISPRUDENCE
Get PDFConcern with the forest took shape with the Forest (Conservation) Act 1980. Until 1927 forest was a national asset and properly of the State. The Britishers in 1894 realized the tremendous commercial potentiality of the forest. They formulated a Forest Policy in 1894 where in trade in timber and forest produce was encouraged as a means of earning revenue for the state. This approach was rejected in 1955 Forest Policy. The shift from commercialization to conservation occurred in 1988 Forest Policy. The period from 1894 to 1988, almost a century, is the story of abuse and vendalization of forest. As a result by 1988 the nation was acutely conscious of forest depletion and the resultant climate change, biodiversity change, desertification, fall in ground water level, so on and so forth. Urgent and immediate intervention on war footing was required to protect forest. It was only 1995-1996 the Supreme Court systematically dealt with the issue of deforestation and from 1995 - 2004 has laid down guidelines, looked at a large number of Interlocutory Application and addressed the concerns of each constituent States of the Union of India
INTERPRETATION OF REVERSE PAYMENT PATENT SETTLEMENT AND ANTITRUST LAWS IN PHARMACEUTICAL INDUSTRIES
Get PDFThe idea of Reverse Payment Settlement came into the limelight after the essential features of the Patent holder came into the forefront. It has recently gained prominence due to the challenges that have arisen due to the ongoing uncertainty and unfair advantage the inventor, patent holder, or the corporation has gained by participating in anti-competitive and antitrust policies. It is vital to understand the history and meaning of the reverse payment patent settlement to properly comprehend what it implies and what might comprise such agreements. It also discusses why the parties have reached such agreements and what they signify. The article mainly describes the competitive policies of the USA on Reverse payment patent settlement via the ANDA and the principle it gave rise to by implementation or suspension of the generic business from creating a specific product and engaging the entity via monetary payment. The payment will be equal to the period during which the generic company's production is hampered and the cost incurred due to the litigation. As a result, it is a reverse payment or an exception, as an infringement usually pays the patent holder. The pharmaceutical sector creates many issues due to the miscarriage of competitive policies in drugs and medicines. We are all aware that access to health care is the most important policy issue for communities. The industry's therapeutic value typically defines it and the rationality it is marketed. Due to new drugs in the market and their exclusivity period from the generic medicines sold, accessibility became one of the prime concerns in the pandemic period. As covid-19 hit the world's hard right to get healthcare, fundamental rights are being violated. So, in this article, the author will explain the need for a regulatory system in the country by way of specific guidelines to ensure that these techniques do not impede competition in the country. With it, the economy at large, which is affected at first examination, it is evident that when it comes to the general public's healthcare, cannot to extend the exclusivity provided by patented pharmaceuticals for drug corporations' unilateral economic motivations. The article discusses the value and necessity of a policy framework and the challenges of applying and implementing these words. The impact on India and its competition is significant
Federal System and the dispensation of the Coalition era
Get PDFFederalism is an instrument of power sharing between independent authorities viz .union and state. Coalition regime is withal an expedient of power sharing. Logically, it can be inferred that both federalism and coalition government should be complimentary to each other. The object of sharing power in both the perspectives is common, therefore, a student of politics or law may infer logically that coalition Government is always supportive of Federalism. The fact, however, is otherwise in Indian Federalism. One of the major focus of attention in any discussion of Indian polity and governance in contemporary times is the dynamics of federalism under the new dispensation of the Coalition era that prevails in India. This article makes en endeavour to explore the various facets of the dynamics of federalism, the concept of welfare nation propagated by each political party, good governance and a myth under the new coalition era, role and demand of state autonomy and peripheral topics and sub topics. It is in reference to this context that the present article focuses on the necessity of carrying out a futuristic inspection of Centre-State relations in context of a new era of majoritarian government and coalition politics along with the governance at the Centre. Furthermore, this article also explores the paradox of Federalism and Coalition Government in India and lastly, the author makes an attempt to suggest the ways and means to evolve a mechanism for a healthy Union-State relation in India
