ISSUE 4

INSOLVENCY AND BANKRUPTCY LAWS & ENTREPRENEURSHIP IN INDIA

Authors: Akanksha Malavia; Secretary, Vichar Samiti, India.

Vanshikha Mahana; Vichar Samiti, India.

Aditi Jaiswal; Vichar Samiti, India

Many small businesses or ventures fail in India due to poor implementation of business ideas, lack of funding, lack of awareness, etc., due to which these small businesses become insolvent or bankrupt. The enactment of the Insolvency and Bankruptcy Code, 2016 has put forth some major difficulties and some conditions which are proved to be the cherry on the cake of entrepreneurial ideas. In this paper, we have discussed how entrepreneurship has evolved or drowned with the enactment of the Insolvency and Bankruptcy Code, 2016. Moreover, a conceptual relationship between entrepreneurship and insolvency laws in India has been discussed thoroughly.

COMPARATIVE STUDY OF LGBTQ+ RIGHTS IN INDIA AND UK

Author: Anuj Vishwakarma; L.L.M., KIIT Law School, Bhubaneshwar.

This paper will be divided into sections, wherein the author will use the term “LGBTQ” to refer to a wide range of identities and orientations that are diametrically opposed to the conventional stakeholders and sections of the society. The approach employed is comparative analysis, using the following parameters: “religion, marriage and adoption, public discourse as well as social movements, and governmental laws and regulations”. This study intends achieving the goals by a critical analysis and comparison established between the two countries.

MATRIMONIAL RELIEFS, INSTITUTIONAL SET UP IN RESOLVING MATRIMONIAL DISPUTES IN INDIA

Author: Dr. Rangnath Singh; Principal, Sunder Deep College of Law, Ghaziabad, Uttar Pradesh.

Devvrath Anand; L.L.M., Guru Gobind Singh Indraprastha University, New Delhi.

Marriage is seen as a lifetime commitment between two individuals in India. Hinduism saw the woman as a Dharampatni, and her presence was necessary for the husband to execute certain yajnas and complete certain responsibilities (sacrifices). People’s worldviews evolved along with civilizations. The connection of two people’s souls was less valued in marriage and more of a commercial transaction. Similar to divorce, divorce was a relatively new idea towards the end of the 19th century. The Hindu Marriage Act, which was adopted in India in 1955, defined marriage as a civil partnership that may be ended by mutual consent or at either spouse’s discretion in specific circumstances. This sort of circumstance is known as “matrimonial relief”.

KADAMBA SUGAR INDUSTRIES PVT. LTD. VS. DEVRU GANAPATHI [AIR 1993 KAR HC] – AN ANALYSIS

Author: Chanchal Patre; 4th Semester Law Student, Hidayatullah National Law University, Raipur. 

In this project an analytical study of case law “Kadamba Sugar Industries Pvt. Ltd. vs. Devru Ganapathi AIR 1993 Kar Hc” has been take place. And it falls under the concept of right of subrogation. It is important to note at this point that the notion of subrogation can also be derived from the terms of Section 140 of the Indian Contract Act, 1872. Rights of surety on payment or performance, where a guaranteed debt has become due, or the principal debtor has failed to perform a guaranteed duty, the surety, upon payment or effectiveness of that he is liable for, is decided to invest with all the rights that the creditor had against the principal debtor.

HONOR KILLING: A DARK VERGE OF INDIA

Author: Bhanita Das; L.L.M. & Advocate, Guwahati High Court, Assam. 

Madhusmita Ronghangpi; Research Scholar, Department of Law, North-Eastern Hill University, Shillong.

This article aims to comprehend the concept of honor killing, the main factors which lead to such killings, various kinds, the origin of honor killing, and the law in India to punish wrongdoers. This article also intends to know the role of the Indian judiciary in terms of Honor killing; This article also analyses the data of honor killings provided in the National Crime Reports Bureau (NCRB) data from 2017-2021. This article also tries to find the answer to the question of whether the law in India is sufficient to punish the criminals of honor killings or whether the legislature needs to enact a comprehensive and strict law to penalize such criminals of Honor Killing.

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