Journal of Capital Market and Securities Law

Exploring Contours of Digital Jurisprudence in the Context of Fintech and Judicial Economics

2025-09-30T05:43:39+00:00

The rapid evolution of Financial Technology (FinTech) has significantly disrupted traditional financial and legal paradigms, creating complex challenges for regulatory institutions and judicial systems. This research explores the dynamic interplay between digital jurisprudence and judicial economics in the FinTech ecosystem, examining how courts adapt legal principles to emerging technologies such as cryptocurrencies, algorithmic trading, and AI-driven financial services. The paper investigates the inadequacy of conventional legal frameworks to regulate decentralized and cross-border financial innovations, emphasizing the need for adaptive legal reasoning that incorporates economic implications. Through doctrinal and empirical methodologies, the study analyzes key case laws, including RBI v. Internet and Mobile Association of India (2020) and SEC v. Ripple Labs (2023), to illustrate how judicial decisions influence financial policy, market stability, and consumer protection. A comparative analysis of regulatory approaches in the EU, U.S., and India highlights global fragmentation and the potential for regulatory arbitrage. Judicial economics is presented as a critical tool to balance innovation with legal enforcement, enabling courts to perform cost-benefit analyses in
high-stakes financial disputes. The research advocates for harmonized global regulation, stronger consumer safeguards, and the institutionalization of regulatory sandboxes to promote responsible innovation. Ultimately, the paper concludes that courts, through an integrated lens of law and economics, must evolve legal doctrines that are technologically relevant and economically sustainable in the digital age.

Liquidation of Jet Airways: A Legal Analysis of the Supreme Court’s Ruling and its Implications on Corporate Insolvency in India

2025-07-18T06:40:45+00:00

Corporate liquidation involves ceasing operations and utilising assets to settle outstanding debts to creditors. It is generally a matter of last resort when the Corporate Insolvency Resolution Process (CIRP) fails, either due to the absence of a viable resolution plan or its inefficient implementation. In a recent and significant development in this area, the Supreme Court (SC) of India, on 7th November, 2024, in the case of State Bank of India and Others. v. The Consortium of Mr. Murari Lal Jalan and
Mr. Florian Fritsch and Another, ordered the liquidation of Jet Airways (India) Limited, one of the previous major airline companies operating in both, the domestic as well as the international aviation sector. In reaching its conclusion, it established certain key principles that can be incorporated for future insolvency cases. In this backdrop, this paper seeks to examine the history and background of the insolvency of Jet Airways. It further aims to legally analyse this SC decision, considering the existing
legal frameworks and previous developments. It then goes on to explore the potential practical implications of this decision on the plethora of stakeholders involved as well as the broader legal landscape of insolvency in India. Lastly, it conceptualises a detailed model, evolving certain practical and pragmatic suggestions that could be incorporated in future legislative frameworks, as well as by the courts while adjudicating such matters. Although the geographical scope of this paper is limited to India, it includes comparative references from other jurisdictions in order to facilitate a comprehensive analysis. The structure of the paper is divided into two broad sections with the intention of presenting a systematic write-up on this matter which would foster easy comprehension by the readers. These include: first, the introduction, background and history of this matter which would set the descriptive foundation and second, the analytical legal and practical discussion. The main argument of this paper is that while the SC has given the correct ruling, there are a few criticisms and drawbacks that could be explored, especially while considering the model that has been conceptualised.

International Trade and Investment: Case Study

2025-09-09T08:50:28+00:00

International trade and investment is an area that deals about the causes and consequences of trade among nations and regions. It involves buying and selling assets for short-term gains. Investing and trading are two different methods of attempting to earn money within the financial system. But it also has an element of losing it. This paper will be a witness to the theoretical examination of international trade and investment in the scenario of India post-globalization in 1991. This indicates how an abrupt
change took place occurred in the Indian economy. As per capita income increased from $304 in 1991 to $2600 in 2023. This is a shift in the growth of GDP. This paper will also give insight into the World Trade Organization. This organization simplifies world trade. It also reduces the barriers in world trade and makes it simpler for businessmen to engage in international trade. Secondly this paper explore a about world trade, connectivity and logistics advance, trade gains, and the general public enjoys higher public standards and higher per capita income. India has the potential to reach its dream of becoming a developed nation by 2047. Investment in national and international infrastructure also plays a vital role in the development of the country. However, international infrastructure. Imports and exports are impacted by the COVID-19 epidemic. Requirements to stay at home mean fewer purchasing possibilities, which in turn means less demand. Due to this, the earnings of the people reduce, which further decreases aggregate demand. The temptation for those who invest in global infrastructure will be stronger. Science and technology have also changed international trade by enhancing communication, streamlining transactions, and increasing supply chain efficiency. Digital communication, e-commerce platforms, automation, data analytics, and customs facilitation technology
have all contributed to the efficiency of global trade procedures. Thirdly, we will be focusing on what the approach or strategy, India and the world will be taking as per the trading and investment mention in WTO.