The case of Union of India v. Reliance Industries Limited and Others. is an authority on the jurisdiction of the Delhi High Court with matters about Sections 12, 13, 14, and 15 of the Arbitration and Conciliation Act, 1996. Section 12 of the Arbitration and Conciliation Act, 1996 reads as follows: 12. Grounds for challenge. - (1) When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose in writing any circumstances likely to give rise to justifiable doubts as to his independence or impartiality. (2) An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall, without delay, disclose to the parties in writing any circumstances referred to in subsection (1) unless they have already been informed of them by him. (3) An arbitrator may be challenged only if- (a) Circumstances exist that give rise to justifiable doubts as to his independence or impartiality, or (b) He does not possess the qualifications agreed to by the parties. (4) A party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only for reasons of which he becomes aware after the appointment has been made Section 13, which governs the procedure for challenge, reads as follows: 13. Challenge procedure. – (1) Subject to subsection (4), the parties are free to agree on a procedure for challenging an arbitrator. (2) Failing any agreement referred to in subsection (1), a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in subsection (3) of section 12, send a written statement of the reasons for the challenge to the arbitral tribunal. (3) Unless the arbitrator is challenged under sub-section (2) withdraws from his office or the other party agrees to the challenge, the arbitrate tribunal shall decide on the challenge. (4) If a challenge under any procedure agreed upon by the parties or under the procedure under sub-section (2) is not successful, the arbitral tribunal shall continue the arbitral proceedings and make an arbitral award. (5) Where an arbitral award is made under sub-section (4), the party challenging the arbitrator may make an application for setting aside such an arbitral award in accordance with section 34. (6) Where an arbitral award is set aside on an application made under subsection (5), the court may decide as to whether the arbitrator who is challenged is entitled to any fees. Section 14 is the main bone of contention in this case and stands as the most important piece of statute concerned with this case. It is regarding the termination of an arbitral mandate and specifies the conditions wherein the mandate terminates. It reads as follows: 14. Failure or impossibility to act. – (1) The mandate of an arbitrator shall terminate if- (a) He becomes de jure or de facto unable to perform his functions or for other r
请愿者将他们的案件提交给德里高等法院，并请求终止仲裁员的职务，理由是严重的偏袒和偏袒。
{"title":"Union of India vs. Reliance Industries Limited and Ors.","authors":"Rashi Mohan","doi":"10.59126/v2i4a13","DOIUrl":"https://doi.org/10.59126/v2i4a13","url":null,"abstract":"The case of Union of India v. Reliance Industries Limited and Others. is an authority on the jurisdiction of the Delhi High Court with matters about Sections 12, 13, 14, and 15 of the Arbitration and Conciliation Act, 1996. Section 12 of the Arbitration and Conciliation Act, 1996 reads as follows: 12. Grounds for challenge. - (1) When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose in writing any circumstances likely to give rise to justifiable doubts as to his independence or impartiality. (2) An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall, without delay, disclose to the parties in writing any circumstances referred to in subsection (1) unless they have already been informed of them by him. (3) An arbitrator may be challenged only if- (a) Circumstances exist that give rise to justifiable doubts as to his independence or impartiality, or (b) He does not possess the qualifications agreed to by the parties. (4) A party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only for reasons of which he becomes aware after the appointment has been made Section 13, which governs the procedure for challenge, reads as follows: 13. Challenge procedure. – (1) Subject to subsection (4), the parties are free to agree on a procedure for challenging an arbitrator. (2) Failing any agreement referred to in subsection (1), a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in subsection (3) of section 12, send a written statement of the reasons for the challenge to the arbitral tribunal. (3) Unless the arbitrator is challenged under sub-section (2) withdraws from his office or the other party agrees to the challenge, the arbitrate tribunal shall decide on the challenge. (4) If a challenge under any procedure agreed upon by the parties or under the procedure under sub-section (2) is not successful, the arbitral tribunal shall continue the arbitral proceedings and make an arbitral award. (5) Where an arbitral award is made under sub-section (4), the party challenging the arbitrator may make an application for setting aside such an arbitral award in accordance with section 34. (6) Where an arbitral award is set aside on an application made under subsection (5), the court may decide as to whether the arbitrator who is challenged is entitled to any fees. Section 14 is the main bone of contention in this case and stands as the most important piece of statute concerned with this case. It is regarding the termination of an arbitral mandate and specifies the conditions wherein the mandate terminates. It reads as follows: 14. Failure or impossibility to act. – (1) The mandate of an arbitrator shall terminate if- (a) He becomes de jure or de facto unable to perform his functions or for other r","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129736515","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Commercial Courts Act 2015 (hereinafter referred to as the "CC Act") was established to speed up the resolution of commercial disputes promptly and with as little interference as possible in the highest courts. The law also gives the Commercial Court jurisdiction to hear commercial arbitration proceedings. Although the intention is noble, the legislators inadvertently left jurisdictional inconsistencies in the law, resulting in a conflict with the provisions of the Arbitration and Conciliation Act, of 1996. The conflict of jurisdiction arises due to the distinction between the commercial courts established by law, presided over by Civil Judges Senior Division, and the provisions outlined in the Arbitration and Conciliation Act, 1996 (AC Act). According to the AC Act, exclusive jurisdiction to adjudicate disputes related to arbitration lies with the Chief Civil Court of the respective district. This discrepancy has given rise to uncertainty regarding the authority of newly established Commercial Courts to entertain applications under the Arbitration Act. While a definitive legal resolution to this jurisdictional conflict remains elusive, the Madhya Pradesh High Court, following the Appellate Court's precedent, has determined that irrespective of the claim's value, cases pertaining to arbitration must be adjudicated within the purview of the District Civil Court. It has been observed that commercial disputes connected to arbitration, as governed by Sections 9, 14, 34, and 36 of the Arbitration Law, fall under the jurisdiction of a commercial court situated within the domain of a district judge or an additional district judge. No Class I Civil Judge or any Small Claims Court can adjudicate disputes.
{"title":"M.G. Mohanty vs. That State of Odisha","authors":"Asma Khan","doi":"10.59126/v2i4a6","DOIUrl":"https://doi.org/10.59126/v2i4a6","url":null,"abstract":"The Commercial Courts Act 2015 (hereinafter referred to as the \"CC Act\") was established to speed up the resolution of commercial disputes promptly and with as little interference as possible in the highest courts. The law also gives the Commercial Court jurisdiction to hear commercial arbitration proceedings. Although the intention is noble, the legislators inadvertently left jurisdictional inconsistencies in the law, resulting in a conflict with the provisions of the Arbitration and Conciliation Act, of 1996. The conflict of jurisdiction arises due to the distinction between the commercial courts established by law, presided over by Civil Judges Senior Division, and the provisions outlined in the Arbitration and Conciliation Act, 1996 (AC Act). According to the AC Act, exclusive jurisdiction to adjudicate disputes related to arbitration lies with the Chief Civil Court of the respective district. This discrepancy has given rise to uncertainty regarding the authority of newly established Commercial Courts to entertain applications under the Arbitration Act. While a definitive legal resolution to this jurisdictional conflict remains elusive, the Madhya Pradesh High Court, following the Appellate Court's precedent, has determined that irrespective of the claim's value, cases pertaining to arbitration must be adjudicated within the purview of the District Civil Court. It has been observed that commercial disputes connected to arbitration, as governed by Sections 9, 14, 34, and 36 of the Arbitration Law, fall under the jurisdiction of a commercial court situated within the domain of a district judge or an additional district judge. No Class I Civil Judge or any Small Claims Court can adjudicate disputes.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"372 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134022877","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Mergers and Acquisitions (M&A) are increasingly being used all over the world to improve the competitiveness of companies by gaining more market share, widening the portfolio to reduce business risk, entering new markets and geographies, and capitalizing on economies of scale, etc. In India, too, they have become a matter of everyday occurrence. They are the subject of interest counting for different individuals, such as business executives who are looking for potential merger partners, investment bankers who manage mergers, lawyers who advise the parties, regulators concerned with stock market operations and growing business sectors in the economy, and researchers who want to understand these concepts better. It is also said that a lot of mergers are simply acquisitions. One company purchases another and integrates it into its own business model. Many statistics on mergers are presented for the combined mergers and acquisitions (M&A) that are occurring as a result of this misuse of the term merger, because of which mergers and acquisitions can be treated as the same even though they are different from each other. The trend of merger and acquisition in India began in 1988 when Swaraj Paul attempted a hostile takeover of DCM Ltd. and Escorts Ltd.[1] at a time when the only mergers in India were friendly family mergers or friendly deals with pre-negotiated terms. These mergers were few due to the unfavourable provisions of the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act, 1969).
{"title":"CRITICAL ANALYSIS OF MERGERS AND ACQUISITIONS WITH REFERENCE TO RECENT TRENDS","authors":"Diwanshi Rohatgi, K.V.L. Madhav","doi":"10.59126/v2i3a1","DOIUrl":"https://doi.org/10.59126/v2i3a1","url":null,"abstract":"Mergers and Acquisitions (M&A) are increasingly being used all over the world to improve the competitiveness of companies by gaining more market share, widening the portfolio to reduce business risk, entering new markets and geographies, and capitalizing on economies of scale, etc. In India, too, they have become a matter of everyday occurrence. They are the subject of interest counting for different individuals, such as business executives who are looking for potential merger partners, investment bankers who manage mergers, lawyers who advise the parties, regulators concerned with stock market operations and growing business sectors in the economy, and researchers who want to understand these concepts better. It is also said that a lot of mergers are simply acquisitions. One company purchases another and integrates it into its own business model. Many statistics on mergers are presented for the combined mergers and acquisitions (M&A) that are occurring as a result of this misuse of the term merger, because of which mergers and acquisitions can be treated as the same even though they are different from each other. The trend of merger and acquisition in India began in 1988 when Swaraj Paul attempted a hostile takeover of DCM Ltd. and Escorts Ltd.[1] at a time when the only mergers in India were friendly family mergers or friendly deals with pre-negotiated terms. These mergers were few due to the unfavourable provisions of the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act, 1969).","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128447552","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
With globalization, there has been widespread international trade. In modern globalised world, a corporate is allowed to grow domestically and internationally. In case of Insolvency, the problem arises in international scenario and not at domestic level due to change in laws and jurisdiction. When a corporation crosses boundaries, the applicability of domestic law is out of scope and in that case the nations involved have to carve out the relevant law. The 2016 Insolvency and Bankruptcy Act (IBC), which offers a consolidated framework for the insolvency of companies, limited and unlimited liability partnerships, and individuals. But this cross-border aspect of insolvency law remains unclear in India as IBC does not properly deal with these issues. An attempt was made in this direction by inserting two provisions in IBC at last minute to resolve cross-border issues viz. “Agreement with foreign countries” and “Letter of Request to a country outside India in certain cases”, but these provisions proved out to be inadequate and of little assistance to institutions dealing with cross-border insolvency. The Insolvency Law Committee constituted by the Ministry of Corporate Affairs, recently came out with recommendations on international insolvency. It has suggested implementing the 1997 UNCITRAL Model Law on Cross-Border Insolvency. This paper will outline the general principles of the UNCITRAL Model Law and analyse the difficulties of cross-border insolvency in the Indian context.
{"title":"THE CROSS-BORDER CAVITY OF THE INSOLVENCY & BANKRUPTCY CODE, 2016","authors":"Mohit Kumar","doi":"10.59126/v2i3a5","DOIUrl":"https://doi.org/10.59126/v2i3a5","url":null,"abstract":"With globalization, there has been widespread international trade. In modern globalised world, a corporate is allowed to grow domestically and internationally. In case of Insolvency, the problem arises in international scenario and not at domestic level due to change in laws and jurisdiction. When a corporation crosses boundaries, the applicability of domestic law is out of scope and in that case the nations involved have to carve out the relevant law. The 2016 Insolvency and Bankruptcy Act (IBC), which offers a consolidated framework for the insolvency of companies, limited and unlimited liability partnerships, and individuals. But this cross-border aspect of insolvency law remains unclear in India as IBC does not properly deal with these issues. An attempt was made in this direction by inserting two provisions in IBC at last minute to resolve cross-border issues viz. “Agreement with foreign countries” and “Letter of Request to a country outside India in certain cases”, but these provisions proved out to be inadequate and of little assistance to institutions dealing with cross-border insolvency. The Insolvency Law Committee constituted by the Ministry of Corporate Affairs, recently came out with recommendations on international insolvency. It has suggested implementing the 1997 UNCITRAL Model Law on Cross-Border Insolvency. This paper will outline the general principles of the UNCITRAL Model Law and analyse the difficulties of cross-border insolvency in the Indian context.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130077879","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This research paper gives an insight into the concept of Collaborative Law and how it has become a new paradigm for civil dispute resolution. It also discusses the growth and evolution of Collaborative Law and how it is different from other family dispute resolutions. Further, it also compares Collaborative Law with Traditional litigation. It also highlights how a collaborative law process works. It will also explain and further explicate the advantages and disadvantages of the Collaborative Law. In putting this paper to a fair ending, suggestions and fair observations will be put forward.
{"title":"COLLABORATIVE LAW: A NEW PARADIGM FOR CIVIL DISPUTE RESOLUTION","authors":"Simone Agarwal","doi":"10.59126/v2i3a10","DOIUrl":"https://doi.org/10.59126/v2i3a10","url":null,"abstract":"This research paper gives an insight into the concept of Collaborative Law and how it has become a new paradigm for civil dispute resolution. It also discusses the growth and evolution of Collaborative Law and how it is different from other family dispute resolutions. Further, it also compares Collaborative Law with Traditional litigation. It also highlights how a collaborative law process works. It will also explain and further explicate the advantages and disadvantages of the Collaborative Law. In putting this paper to a fair ending, suggestions and fair observations will be put forward.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116204020","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Insider trading, the occurrence of which has become rampant in many industrialized countries, the research seeks to examine the legal mechanism prevalent in India that prohibits insider trading and certain laws which are against insider trading and violation of which can lead to penalties and moreover imprisonment. The research shall further talk about insider trading laws in various countries and with also show comparison between the laws of India and United States. Various significant definitions are also stated in this research which is of primary importance to understand what Insider Trading means and how it is undertaken.
{"title":"A COMPARATIVE STUDY OF INSIDER TRADING LAWS","authors":"Shivani Mundada","doi":"10.59126/v2i3a3","DOIUrl":"https://doi.org/10.59126/v2i3a3","url":null,"abstract":"Insider trading, the occurrence of which has become rampant in many industrialized countries, the research seeks to examine the legal mechanism prevalent in India that prohibits insider trading and certain laws which are against insider trading and violation of which can lead to penalties and moreover imprisonment. The research shall further talk about insider trading laws in various countries and with also show comparison between the laws of India and United States. Various significant definitions are also stated in this research which is of primary importance to understand what Insider Trading means and how it is undertaken.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132822058","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Since the last global financial crisis, supervisory mechanisms and regulations have become stricter, boosting banks resilience and improving financial stability. Apart from the traditional financial institutions that are governed by strict regulations, standards and guidelines, the technologically advanced form of financial services commonly referred to as FinTech has introduced new developments such as quick peer to peer lending which matches lenders and borrowers directly, putting more pressure on decision-makers and supervisors. This paper discusses the preventive steps and mitigating effects of other financial crisis. The paper explores the value of international cooperation among regulators in order to preserve financial stability in the recent world of technological changes and developments. FinTech has changed consumer preferences and priorities, with an increasing number of consumers demanding fast and easy access to services through mobile phones and other electronic devices. The paper demonstrates that while emerging innovations allow for the expansion of financial services, they also introduce new challenges to the financial system in terms of micro- and macro-financial risks during periods of financial crisis.
{"title":"WOULD FINTECH BE FUNDAMENTAL IN PREVENTING FINANCIAL CRISIS?","authors":"I. Raj","doi":"10.59126/v2i3a14","DOIUrl":"https://doi.org/10.59126/v2i3a14","url":null,"abstract":"Since the last global financial crisis, supervisory mechanisms and regulations have become stricter, boosting banks resilience and improving financial stability. Apart from the traditional financial institutions that are governed by strict regulations, standards and guidelines, the technologically advanced form of financial services commonly referred to as FinTech has introduced new developments such as quick peer to peer lending which matches lenders and borrowers directly, putting more pressure on decision-makers and supervisors. This paper discusses the preventive steps and mitigating effects of other financial crisis. The paper explores the value of international cooperation among regulators in order to preserve financial stability in the recent world of technological changes and developments. FinTech has changed consumer preferences and priorities, with an increasing number of consumers demanding fast and easy access to services through mobile phones and other electronic devices. The paper demonstrates that while emerging innovations allow for the expansion of financial services, they also introduce new challenges to the financial system in terms of micro- and macro-financial risks during periods of financial crisis.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134043531","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Banking is a business which trades in money. The prime objectives of Banks are to receive deposits and use those deposits efficiently so as to make money. In the present era, almost every person and most of the companies approaches the Banks for the loan and advances. The purpose of taking loan and advances differs from individual to individual and from institutions to institutions. Some needs it for personal purpose; some may take for business purpose and many other reasons. The Bank and Financial Institutions (FIs) are an establishment which makes such advances to the Individual and company whenever they require. Also, the major portion of the Bank Funds is employed by way of loans and advances, which provides profit to the banks and the most profitable sector for banks. Banks grant such advances mainly through the Secured Loans, Term Loans, Unsecured Loans, Working Capital Finance, Cash Credit, Overdraft and discounting of commercial bills as per the needs of Customer and for different purposes by considering the lending norms of the Reserve Bank of India (RBI) and certain restrictions given under section (u/s) 20,20A, 21, 21-A of the Banking Regulations Act, 1949. Even, though banks can lend money without the security but generally, banks demand for security for the repayment of advances and such Securities are in the form of fixed assets, receivables etc. accepted by the banks for sanctioning the loans. As per the reports, the Scheduled Commercial Banks (SCBs) has lent Rs. 70554.77 crores against the total deposits of the Rs.92182.73 crores as on January, 2016
{"title":"RECOVERY ASPECTS OF BANK ADVANCES IN INDIA:A LEGAL ANALYSIS","authors":"A. Raj","doi":"10.59126/v2i3a4","DOIUrl":"https://doi.org/10.59126/v2i3a4","url":null,"abstract":"Banking is a business which trades in money. The prime objectives of Banks are to receive deposits and use those deposits efficiently so as to make money. In the present era, almost every person and most of the companies approaches the Banks for the loan and advances. The purpose of taking loan and advances differs from individual to individual and from institutions to institutions. Some needs it for personal purpose; some may take for business purpose and many other reasons. The Bank and Financial Institutions (FIs) are an establishment which makes such advances to the Individual and company whenever they require. Also, the major portion of the Bank Funds is employed by way of loans and advances, which provides profit to the banks and the most profitable sector for banks. Banks grant such advances mainly through the Secured Loans, Term Loans, Unsecured Loans, Working Capital Finance, Cash Credit, Overdraft and discounting of commercial bills as per the needs of Customer and for different purposes by considering the lending norms of the Reserve Bank of India (RBI) and certain restrictions given under section (u/s) 20,20A, 21, 21-A of the Banking Regulations Act, 1949. Even, though banks can lend money without the security but generally, banks demand for security for the repayment of advances and such Securities are in the form of fixed assets, receivables etc. accepted by the banks for sanctioning the loans. As per the reports, the Scheduled Commercial Banks (SCBs) has lent Rs. 70554.77 crores against the total deposits of the Rs.92182.73 crores as on January, 2016","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123823145","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Fraud has evolved into a global phenomenon and a major source of concern. It exists in all countries and has an impact on all types of businesses, regardless of their size, profitability, or industry. The primary goal of this paper is to provide an in-depth overview of literatures related to corporate fraud in order to comprehend "why" fraud occurs and "how" to resist it. A review of research studies published between 1984 and 2021 was conducted. The goal of this dissertation is to provide a thorough examination of key red flags that may exist prior to the incidence of fraud. It also gives a thorough overview of fraud detection and prevention techniques. According to my findings, a red flag is a crucial strategy for preventing fraud. A single fraud detection technology will not be useful in reducing fraud. In addition, top executives were discovered to be in charge of implementing anti-fraud policies and strategies within their companies. Furthermore, the current study aims to identify research gaps in the existing literature and investigate future research areas.
{"title":"WHISTLEBLOWING POLICY IN CORPORATE FRAUD","authors":"Vatsal Varma","doi":"10.59126/v2i3a13","DOIUrl":"https://doi.org/10.59126/v2i3a13","url":null,"abstract":"Fraud has evolved into a global phenomenon and a major source of concern. It exists in all countries and has an impact on all types of businesses, regardless of their size, profitability, or industry. The primary goal of this paper is to provide an in-depth overview of literatures related to corporate fraud in order to comprehend \"why\" fraud occurs and \"how\" to resist it. A review of research studies published between 1984 and 2021 was conducted. The goal of this dissertation is to provide a thorough examination of key red flags that may exist prior to the incidence of fraud. It also gives a thorough overview of fraud detection and prevention techniques. According to my findings, a red flag is a crucial strategy for preventing fraud. A single fraud detection technology will not be useful in reducing fraud. In addition, top executives were discovered to be in charge of implementing anti-fraud policies and strategies within their companies. Furthermore, the current study aims to identify research gaps in the existing literature and investigate future research areas.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116665943","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Corporate social responsibility is gaining the attention of business groups and the broader community (CSR). This study examines the impact of CSR on the brand reputation of Indian companies operating under the 2013 Indian Companies Act. The findings of the study provide a critical appraisal of the assertion that CSR actions improve brand reputation. The study reveals numerous ways in which the CSR dimensions of ethical, legal, economic, and charitable responsibilities impact brand reputation. Specifically, ethical responsibility, followed by legal and philanthropic responsibilities, as well as economic responsibility, has the greatest impact on brand reputation. According to the findings, CSR initiatives can be used as a strategic tool to enhance brand reputation and gain a market advantage. This research study contributes to the existing body of knowledge on CSR by offering empirical data on the relationship between CSR and brand reputation in the setting of the Companies Act 2013 in India. The study's findings are applicable to organizations seeking to enhance brand perception through CSR initiatives. The findings show that corporations should give ethical responsibility high priority in their CSR operations to maximize the influence on brand reputation. The report also underlines the importance of integrating CSR into the overall company plan to ensure its efficacy.
{"title":"THE IMPACT OF CORPORATE SOCIAL RESPONSIBILITY ON BRAND REPUTATION: AN ANALYSIS OF COMPANIES ACT","authors":"","doi":"10.59126/v2i3a7","DOIUrl":"https://doi.org/10.59126/v2i3a7","url":null,"abstract":"Corporate social responsibility is gaining the attention of business groups and the broader community (CSR). This study examines the impact of CSR on the brand reputation of Indian companies operating under the 2013 Indian Companies Act. The findings of the study provide a critical appraisal of the assertion that CSR actions improve brand reputation. The study reveals numerous ways in which the CSR dimensions of ethical, legal, economic, and charitable responsibilities impact brand reputation. Specifically, ethical responsibility, followed by legal and philanthropic responsibilities, as well as economic responsibility, has the greatest impact on brand reputation. According to the findings, CSR initiatives can be used as a strategic tool to enhance brand reputation and gain a market advantage. This research study contributes to the existing body of knowledge on CSR by offering empirical data on the relationship between CSR and brand reputation in the setting of the Companies Act 2013 in India. The study's findings are applicable to organizations seeking to enhance brand perception through CSR initiatives. The findings show that corporations should give ethical responsibility high priority in their CSR operations to maximize the influence on brand reputation. The report also underlines the importance of integrating CSR into the overall company plan to ensure its efficacy.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127078436","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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