ISSN (Online) XXXX-XXXX
FinnRebus Quarterly
[A Peer Reviewed Journal of Law, Economy & Development]
FinnRebus Quarterly invites Article/Essay/Case Comments for its Volume 1 Issue 2 (April-June 2022)
The FinnRebus Quarterly is a double-blind peer-reviewed quarterly journal of law, economy, and development. It intends to provide an online open-access platform for all academicians, policy framers, and researchers to share and disseminate their thoughtful in-depth research works through an interdisciplinary approach towards law, economy, and development. The FinnRebus accepts original research works conducted through theoretical or empirical methods highlighting the relationship between law, legal system (national or international); economy (national/international); economic growth, and the development in national/international trade or finance, etc.
​
The FinnRebus Quarterly welcomes submissions on all areas of the law, economy, and development from academics, professionals, practitioners, and research scholars within India and overseas.
FinnRebus Quarterly [Vol.1 Issue 1]
Jan-March, 2022
​​
Theoretical Aspects of the Cross Border Insolvency vis-à-vis UNCITRAL Model Law
Citation: Chandni, "Theoretical Aspects of the Cross Border Insolvency vis-a-vis UNCITRAL Model Law". FinnRebus Quarterly 1.1 (2022): 1-4.
Abstract: The phenomenal increase in globalization has paved the way for various corporate entities to operate a business in different countries. International integration amongst countries had been proved useful for accelerating economic growth. When there is a corporate failure it subverts the economic system at the global level. A corporate entity’s state of indebtedness does not restrict to one country due to the involvement of assets and creditors from various countries. Often domestic countries do not recognize foreign court jurisdiction, proceedings, decisions, and its enforcement and recognition of foreign creditors’ rights. Hence conflict of laws in case insolvency proceeding results in deprivation of assets and a loss of business. The most important question that arises in such circumstances is the number of proceedings that should be commenced and which country’s law should govern such proceedings. A number of theories addressing cross-border insolvency have been advanced in order to correct reinforcement of transnational insolvency laws but due to their drawback and uncertainties, they have led to many adverse effects on the economy.
​
In the present article, the author has tried to examine the various theories governing cross-border insolvency providing different approaches for the adoption of the cross-border insolvency law.
History and Development of Consumer Legislations in India
Citation: Kalyani Abhyankar, History and Development of Consumer Legislations in India, FinnRebus Quarterly, 1.1 (2022) 12-22.
Abstract: The consumer protection-related legislation in India have their own history and have undergone stages of development. Before the passing of the Consumer Protection Act, 1986, there was no umbrella legislation dealing with consumer protection but there were provisions in several statutes dealing with the protection of consumer’s interests — some of the statutes are still the law in force in the country. Recently, the Parliament of India enacted new legislation — the Consumer Protection Act 2019 (hereinafter, the Act of 2019) which repealed the Consumer Protection Act 1986 (hereinafter, the Act of 1986). The Act of 2019 has been brought into force providing a redressal mechanism for the problems which were not covered by the Act of 1986. The Act of 2019 can be called a ‘stronger piece of legislation as it has increased the ‘pecuniary jurisdictions’ of the Consumer Protection Authorities, provides for punishment and compensation in cases of injury or damage caused by a defective product or service — in order to ensure the objectives of compensation and to deter the wrongdoer from violating the provisions.
This paper attempts to discuss the history of consumer legislation and to critically analyze the provisions of the Act of 1986 and 2019.
Abstract: The artificial creation of volume in the stock market leads to market manipulation which is increasing with each financial year passing by. The SEBI Data indicates the number of entities being held over the last 6 months in the matters related to the creation of artificial volume, and the number is increasing gradually. The present legal framework empowers SEBI to enforce the rules mentioned under various regulations. However, the problem of volume manipulation in the stock market persists and thrives.
The present work explores the problem of the artificial creation of volume in the stock market and examines the reasons behind the same.
Women Prisoners: Law, Legal System, and Role of Legal Aid Clinic
Citation: Shukla, Girjesh. "Women Prisoners: Law, Legal System and Role of Legal Aid Clinics". FinnRebus Quarterly. 1.1 (2022) 38-41.
Abstract: Prisons have been central to the debate in India and have often been the centre of the debate itself. Centre of debate mainly because of the model we choose and the outcome often experienced. “Every saint has a past and every sinner a future” was the motto when we choose the model aspiring a ‘correctional’ institution wherein by its very nature and functioning it will bring desired change of their inmates. However, when we see the outcome it is a bizarre situation, beginning with ill-treatment, torture, inhuman conditions, and finally attitude of hostility and belligerency against the inmates. Thus, making the institution itself a ‘prisoner of the system’.
The present works critically examine the legal system regulating the prison system of India and the possibility of establishing a symbiotic relationship between the prison and the legal aid clinics which could be mutually beneficial to both
Abstract: The Competition Commission of India (hereinafter referred as “CCI”) has been established as a statutory body under the Competition Act, 2002 and numerous functions include supervisory, regulatory, investigative, quasi-judicial to ensure free and fair competition in the market within India. The CCI has been empowered to inquire and impose penalties on the violators. The Commission has the authority to order imposition of penalties including penalty under Section 27(b) of the Act on each person or enterprise which are a party to the violation of the Act, to the extent of 10% of the average of last 3 Financial Year turnovers.
The term “turnover” has not been defined under the Act and as such has led to a huge debate, which has been settled in the case of Excel Crop Care v. Competition Commission of India [(2017) 8 SCC 47] by the Supreme Court of India. Even though the court ruled that turnover referred under the Act is relevant turnover and not total turnover, there are arguments in favour of total turnover considering the practices of other states.
The present article deals with the concept of turnover with due regard to the judgement in the Excel Crop case and also considers the practices followed in other states such as EU and UK.
The Need to Discern Conceptual Echoes of Physical Market from Virtual Market: Analysis of Competition Law in Fintech Sector via Harshita Chawla Case
Citation: Sharma, Nikita & Goel Yugank. "The Need to Discern Conceptual Echoes of Physical Market from Virtual Market: Analysis of Competition Law in Fintech Sector via Harshita Chawla Case”. FinnRebus Quarterly. 1.1 (2022) 33-37.
Abstract: If there is anything that resembles a jungle in our modern urban and civilized world, it is cyber-space. Our understanding of cyberspace is highly dependent on the human construct that surpasses the subjectivist interpretation of physical space. So, is that it? Is understanding cyberspace beyond us and so it's regulation? The question then is: Can we suppose the traditional legal system be applied to the virtual environment; the first is determined by boundaries and later has no regard for them. On the contrary, it is suggested that we are not to start with a world to regulate, we must build it. The context of this last statement will become clear from the rest of this paper.
The study at hand is intended to target the doctrines of competition law and whether those doctrines which have worked well in the physical environment are sure to fulfill their purpose by analogy in the cyber-world i.e. whether we need to build by analogy or build anew. The recent developments in jurisprudence which we see evolving in the Fintech sector only strengthen the above question and this paper aims to provide an answer.
Understanding Section 10 of the Insolvency and Bankruptcy Code
Citation: Kharwar, Pushpraj. "Understanding Section 10 of the Insolvency and Bankruptcy Code". FinnRebus Quarterly. 1.1 (2022) 42-44.
Abstract: In the present time India, along with the other countries, is facing the biggest crisis ever existed in human history caused by the pandemic Covid-19. The repercussion of this coronavirus has put the economy on hold. Due to lockdown, many businesses activities were closed, unemployment is at its peak resulting in a fall in the production of goods and services. But in this bad time, there is good news from Insolvency and Bankruptcy Code, 2016 (IBC) which has brought some relaxation in corporate and tax law. The decision is taken to push the economy to float. Due to the lockdown, many small, as well as large corporate houses filed multiple applications for initiation of Corporate Insolvency Resolution Procedure (CIRP). The government has made amendments to the IBC by introducing Section 10A to protect the businesses from the hardship of IBC rules. Suspending IBC for 6 months would help in removing the risk of the company and these companies would be able to secure their assets, loans, and other reliefs from banks.
In this paper, it is argued that merely suspending certain provisions of the IBC will not solve the problem. The Government is required to provide some alternative to safeguard the interests of the creditors.
Right to Communication to Public and the Reproduction Rights in the Digital Age
Citation: Esharat, Right to Communication to Public and the Reproduction Rights in the Digital Age, FinnRebus Quarterly 1.1 (2022) 30-32
Abstract: This paper focuses on the rights available to copyright holders and the challenges that the Indian Legal system faces with reference to the digital transformation. It argues that the job of the copyright proprietor is more difficult in the digital era, especially pertaining to the reproduction of such material. and thus courts are required to be more cautious while monitoring the replication-related issues.
How to Submit Manuscript
-
The research work submitted for publication should be under the following category-
-
Article- 4000 to 8000 words (excluding the references);
-
Essay- 3000 to 4000 words (excluding the references);
-
Case Comments- 2000-3000 words (excluding the references).
-
Any research work having more than 10% similarity index shall be rejected mechanically.
The work should have proper pagination, references, tables etc. in continuation.
Articles and Essay must be accompanied with an ‘abstract’ of 250-300 words.
Citation Style
The body of the manuscript should be in Times New Roman, Font Size 12 and 1.5-line spacing. Manuscript is required to follow the APA Uniform Citation methods.
The APA in-text citations include the author’s last name, publication date, and, if relevant, a locator such as a page number. For citation rules visit How to Cite Sources in APA Citation Format - Mendeley
Call for papers
Submit your original research works to FinnRebus.
​
All research work, including editorial information, should email to support@finnrebus.com only, and the same need to be captioned as: “Article/Essay/Case Comment <Title of the Work>]”