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2757 items in total found

Working Papers | 2024

Liquidated Damages in India: Concepts, Enforceability, and Drafting Considerations

M P Ram Mohan, Gaurav Ray, Promode Murugavelu, & Jeeri Sanjana Reddy

Damages in contract law play a crucial role in compensating parties for losses resulting from breaches of contractual obligations. Liquidated damages clauses promote commercial certainty and party autonomy. Section 74 of the Indian Contract Act, 1872 codifies the law on liquidated damages. Over the years, courts have employed several evaluative criteria and interpretative tools when deciding upon the validity, scope and essential aspects of liquidated damages clauses. This paper analyses the principles governing liquidated damages and attempts to use this analysis to provide a guide in drafting a valid and legally enforceable liquidated damages clause.

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Working Papers | 2024

Washed Away: Industrial Capital, Labor, and Floods

Anish Sugathan, Arpit Shah, Deepak Malghan

This study quantifies the dynamic impacts of floods on industrial capital and labor in India using a novel dataset combining geocoded flood events with firm facility-level data from 2000 to 2021. Employing a stacked difference-in-differences approach with carefully matched controls, we uncover persistent negative effects of floods on firms’ assets and employment, with striking heterogeneity across sectors and regions. In the post-flood period, we estimate declines from mean values in total assets of 46.1% (16.68 billion INR ≈ 225 million USD), employment of 49.0% (8.20 thousand workers), and the wage bill of 74.5% (5.52 billion INR ≈ 74 million USD). The sectoral impacts are highly varied: the information technology and communication, manufacturing, and utilities sectors experience significant declines in assets, while the financial services sector exhibits growth. Mapping the spatial distribution of flood events and industrial facilities reveals pronounced regional heterogeneity in flood exposure and economic impacts. Adding nuance to the empirical investigation of the “creative destruction” hypothesis, we find limited evidence of systematic capital reallocation toward better-performing sectors, suggesting instead that floods generate sector-specific impacts with varying recovery patterns. These findings challenge assumptions of rapid post-disaster equilibration and have important implications for policymakers and firm managers in developing sector-specific strategies to mitigate the adverse impacts of floods in an increasingly climate-uncertain world.

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Working Papers | 2024

Comparative analysis of sustainability related disclosure frameworks: SFDR, IFC PS, and BRSR

Amit Garg, Kruti Upadhyay, Sanjay Kumar Jain

This study is an attempt to compare and contrast the existing sustainability-related frameworks – Sustainable Finance Disclosure Regulations (SFDR) introduced by the European Union, Business responsibility and sustainability reporting (BRSR) introduced by the Securities and Exchange Board of India (SEBI) and the International Finance Corporation Performance Standards (IFC PS) developed by the International Finance Corporation. The content analysis method has been employed to gain an in-depth understanding of the indicators included in these frameworks. Our key findings suggest that SFDR is the most comprehensive of the three frameworks considered. The BRSR framework stops at the disclosures related to the business itself. However, the IFC PS is the most adaptable as compared to the other two frameworks considered for this study.

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Working Papers | 2024

Trademark Proprietor’s “Moral Right” as an Exception to the Doctrine of Exhaustion of Rights in Trademarks

Sahana Simha and M P Ram Mohan

Trademark law is primarily viewed as a consumer protection law. Proprietary and consumer interests are not always balanced. This is especially evident in the doctrine of exhaustion of rights in trademarks, where the trademark owner loses control over the further distribution of their trademarked product once sold. Existing statutory exceptions to this doctrine allow the proprietor to take action against resellers only when the product has been impaired or changed. The exceptions do not account for harm or damage to the reputation and goodwill associated with a trademark as a ground to override exhaustion. This paper analyses legislative and judicial decisions regarding exceptions to exhaustion under Indian trademark law, with a comparative examination of rulings from the US and EU jurisdictions. We then highlight the theoretical differences between trademark and copyright law, exploring moral rights in copyright law and the anti-dilution theory of trademarks. In doing so, we examine the feasibility of expanding exceptions to the doctrine of exhaustion to include proprietary concerns, in addition to consumer and market considerations.

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Working Papers | 2024

The Glittering Paradox: Unveiling India's Gold Policy Evolution And Its Enduring Flaws

Ramakrishnan Padmanabhan, Chandan Satyarth and Sundaravalli Narayanaswami

In recent years, despite reforms and ambitious initiatives like establishing exchanges to enhance transparency in the gold ecosystem, significant time has been consumed by corrective actions and a lack of clear government direction. The corrective actions included the decisions taken during the intervention phase (2012-2013), the transparency phase (2014-2018) and the RBI circulars, notifications and guidelines post 2012 till date. Some of the aspects of gold policy that require corrective action may include the Free Trade Agreements with different countries and trade blocs, different government of India notifications to tackle the import of gold exploiting the India Government Policy loopholes. A review may be timely of the NITI Aayog Report on Transformation Gold Policy issued in February 2018, the recommendations of IGPC-IIMA working group and the subsequent launch of India International Bullion Exchange (IIBX) and its future. There's a need for decisive steps that promise long-term benefits for the nation.

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Working Papers | 2024

Re-evaluating Corporate Purpose: A Critical Assessment of the Indian Stakeholder Governance Framework through a Historical and Comparative Analysis

M P Ram Mohan and Astha Pandey

In the last century, the meaning and interpretation of the purpose of the corporation has undergone a succession of ideological shifts. Corporate purpose has become the prime focus of wide-ranging debates over the shareholder primacy versus the stakeholder primacy conceptualization of the corporation. While this debate is not new, in recent times, stakeholderism and its enduring viability as a theory of the corporation has gained considerable traction. At the same time, shareholder primacy and its explanatory power as a valid theory of contemporary organizations is being increasingly questioned. The current Indian legal and regulatory framework governing corporate purpose embodies stakeholderism. In sharp contrast to this, the Anglo-American corporate law framework can be characterized as predominantly shareholder-centric. This article seeks to contribute to contemporary discourse on the theorization of corporations by evaluating the stakeholder-oriented corporate purpose framework adopted by India. In doing this, it examines the historical trajectory of the doctrine of corporate purpose in the U.S., the U.K. and India. This comparative analysis provides an opportunity for enhancing discussions on corporate purpose in comparative corporate governance scholarship given the common law heritage of these jurisdictions and the differences between them in terms of ownership patterns, governance structures and philosophies that have guided their experience with corporate purpose. Broadly, this article makes the following arguments: (i) tracing the evolution of corporate purpose demonstrates that there is a need for its re-evaluation; and (ii) despite adopting the pluralistic form of stakeholder governance, the Indian framework governing corporate purpose is lacking in certain fundamental aspects. The article also proposes certain areas for further scholarly investigation to inform the re-evaluation of corporate purpose and the direction of comparative corporate governance scholarship.

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Working Papers | 2024

The Supreme Court of India's Use of Inherent Power under Article 142 of the Constitution: An Empirical Study

M P Ram Mohan, Sriram Prasad, Vijay V Venkitesh, Sai Muralidhar & Jacob P Alex

The Constitution of India under Article 142 grants the Supreme Court of India with broad inherent powers to do complete justice. The contours of this inherent power and what it means to achieve complete justice were left to the Supreme Court to determine itself. In this paper, we empirically examine all the Supreme Court cases from its inception in 1950 till 2023 which use the term "Article 142" or "Complete Justice" We found 1579 cases, which were then hand-coding for many variables such as the nature of the case, where the case was appealed from, the temporal distribution, the laws involved, the nature of the issue, the judges involved, among others. The paper examines when and how the Supreme Court wields its inherent powers, generating various insights and exploring trends.

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Working Papers | 2024

Multi-Duty Structures in India’s Gold Import Policies: Evidence of blatant flaws using Trade data of 2023-24

Sundarvalli Narayanaswami and Anumeha Saxena

Policy initiatives to manage gold imports in India have historically relied on the use of customs duty. However, the presence of a multi-duty structure essentially offers gold traders a legal channel to re-route imports with little risk of punitive action. In this paper, we present multiple instances from FY 2023-24 where importers have significantly exploited these loopholes to import at lower rates. We also observe that exhaustive identification of alternative routes that traders can potentially exploit is infeasible. Reactive interventions to curb the traders taking advantage of the loopholes or gaps in policies are also not helpful in the long run. Traders are quick enough to snoop out the best possible channels to maximize their outcomes, which systemically leads to uneven playing fields for different types of traders. Subsequently, we show that the use of multiple taxation structures as a tool to contain Current Account Deficit (CAD) and to facilitate a level-playing market for importers of various sizes, in-fact is counter-effective. Traders are able to quickly discover more loopholes and are able to legally increase their import volumes at lesser imports duty. The current multi-duty structures to manage gold imports and in turn, India’s current account deficit, continue to be weak. To curb such unintended discounts and imports arbitrage in the domestic gold market, it is recommended that a single import duty is levied on all variants of the precious metal.

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Working Papers | 2024

An Empirical Analysis of ‘Scandalous’ and ‘Obscene’ Trade Marks in India

M P Ram Mohan, Aditya Gupta and Vijay V Venkitesh

Morality-based restrictions on trademarks have gained widespread acceptance since their statutory recognition in 1875, appearing in the domestic statutory language of 163 out of 164 WTO member states. Building upon earlier conceptual work, this study empirically examines the administration of India's iteration of moral-based trademark limitations, which prohibit the registration of scandalous or obscene marks. Expanding on a prior anecdotal and purposive study, the authors create a novel dataset to analyze the implementation of the provision. The dataset examines 1.6 million trademark examination reports filed between 2018-2022. Through auto-coding, the authors identify 140 applications objected for containing scandalous or obscene matter. A systematic analysis classifies the objections into three categories - those concurrently raising relative and absolute grounds of refusal, successful circumvention of morality objections through ambiguity, and an alarming lack of objections for potentially offensive marks. The findings provide empirical evidence in the administration of morality-based proscriptions in India.

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Working Papers | 2024

The price of honesty: Indian firms’ response to stringent disclosure regulations

Shubhankar Mishra

Using a regulation implemented by SEBI in November 2016 as an exogeneous shock, I test whether firms with bad quality of information disclosures attempt to conceal firm-specific information when faced with a business environment marked with heightened disclosure quality requirement mandated by law for the CRAs. Specifically, the study empirically attempts to analyze whether regulation is sufficient to create a separating equilibrium, in terms of the quality of disclosures to CRAs by firms. I find a statistically significant decrease in number of security issuances and number of CRAs bad type firms engage with, as well as an increase in the number of security downgrades that they suffer in the post-regulation environment. However, the decrease in number of issues is weakened if the firm is listed, has high proportion of independent directors in its board or gets its statements audited by a Big 4 auditor, all of which signal that the firm is of a good type. These findings indicate that bad type firms strategically chose to reduce their issuances and initiate new firm-CRA relationships after the regulation to conceal their firm type, but they weren’t successful in escaping from the suffering for long.

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