Publications – Page 8

Criminalising Corporate Restructuring

If you are one of those corporate consultants who advise clients on business restructuring, here is a piece of gratuitous advice: get out of it. It’s too dangerous. If you are a professional manager who has consented to sit on the board of a spun off business, or its holding…

The Future Of Firebomb Feminism

By Ranjeev C DubeyCriminal Law

If you are a women and live in India’s Rape Capital, the good news is that you are at a much lower risk of rape than sensationalists would have you believe. Modern attitudes to permissive relationships may have served to greatly enrich the lives of some business executives but the…

Jailbird Republic

By Ranjeev C DubeyLitigation

It seems that the default way to enforce resolve disputes these days is to employ the services of swashbuckler Station House Officers and file criminal cases in order to intimidate or imprison those with whom you do not agree. The great tragedy of our democracy is not that 22.1 per…

Sexuality, Gender Identity And Justice

By Ranjeev C DubeyConstitutional Law

In 1970, Allwin Toffler used the term “Future Shock” to identify a state of psychological trauma resulting from too much change in too little time. Forty Four years on – for at least parts of the judiciary – this is the living reality. How else do you explain one bench…

My Wages For Your Sins

By Ranjeev C DubeyLitigation

Why in this world of paralysed time and frozen turbulence, Supreme Court senior counsel aren’t taken seriously till they make Rs 10 lakh a day ! “Can’t you see”, Pink Floyd’s singer song writer Roger Waters berated us in 1984, “it all makes perfect sense, expressed in dollars and cents”.…

Blowing Away Whistle Blowers

By Ranjeev C DubeyCompany Law

Election fever this time has sent the outgoing government scurrying in search of a brave new world of probity, the main manifestation of which are (1) a whistle blower protection law and (2) a Lokpal law. Is it fair to expect that the Whistle blower legislation will herald in an…

Means, Ends & Jurisdiction

By Ranjeev C DubeyLitigation

When we seek to do the right thing without adhering to both the form and spirit of the rules we have created for ourselves, all of us undermine the very ideas we believe we are upholding. Even economically savvy voters who never bought into the Aam Aadmi Party’s 1960s style…

Socialising Shareholders Interests

By Ranjeev C DubeyCompany Law

It’s not just the Aam Aadmi Party that makes the New Year radically new. All around us, ideological assumptions on the foundation of which we have built our nation are being put to the test. On January 6th, 2014, the Delhi High Court has ruled in the Association of Unified…

Arbitrary Arbitrations

By Ranjeev C DubeyArbitration Law

Why is it that CFO’s don’t ask searching questions about all the ‘legal’ clauses we lawyers insert into commercial contracts? I mean stuff like Force Majeure, Representation and Warranties, Indemnities, Termination, Arbitration clauses… Is it because it’s very remote and unlikely to come to pass? Is it because it’s all…

The Fender Bender

By Ranjeev C DubeyLitigation

I had the quintessential Delhi crash experience the other day when a lady, driving her car with an infant on the front passenger seat, rear-ended our four-wheeler. She emerged dazed from her sub compact while her child wailed. My car was pretty undamaged: as for her car, I couldn’t say…