Standard Form Contract [Nidhi Goyal]
The concept of contract as a transaction between two private persons negotiating it across the table in a free market place or contract negotiated at ‘arms length’ slowly and surely yielded place to big business contracts in standard form which was evolved by private and public sectors and adopted and adapted by the Central Government. As consequences of the classical concept of two physical individuals, having equal bargaining power, freely and voluntarily entering into the contract, control over the terms of the contract was limited to the minimum. The economic pattern has been changing since the latter half of the 19 and 20 centuries where small business is yielding place to big business concern and public utility undertakings entering into contracts with the users or consumers on the same pattern on standardise terms and conditions, evolving a form of standard contract.
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POISON PILLS: DOING THE VANISHING ACT? [Anuradha Mohanty]
‘Poison pill’ is a term referring to any strategy, usually in business or politics, to increase the likelihood of negative results over positive ones for a party that attempts any kind of takeover. In the case Moran vs. Household International, Inc. wherein the board’s right to adopt a pill without prior shareholder approval and the rights of the company’s independent directors to refuse a bid were upheld to be perfectly in tandem with shareholder interest and hence, legal.
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Narco analysis and the Constitution [Shashwat Bajpai]
Far from being novel, truth serums have been in use since the early part of the 20th century. During and after the War years, United States armed forces and intelligence agencies continued to experiment with truth drugs. The Central Intelligence Agency (CIA) has admitted to using these as part of its interrogation tactics.
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Restrictive clauses in employment contracts [Divya D]
Public policy requires that every man will be at liberty to work for himself, and will not be at liberty to deprive himself or the state of his labour, skill or talent, by any contract that he enters into.
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Medical negligence [Nikhil Gurnani]
The amount of damage inflicted is a measure of the extent of liability.
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Importance of the general meeting in the conduct of company business [Vibha Sahay]
The ultimate control of the actions of the Board of Directors is vested in the members or the shareholders of the company, and from time to time they must meet to ratify, or express their disapproval of the director’s past conduct and to consider their future plans. The members express their will at general meetings by passing resolutions.
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Emergence of real estate mutual funds in India [Purnima Kothe]
SEBI is ready to allow stocks exchanges to launch a new product called real estate mutual fund, which can eliminate many of the traditional problems retail investors who want to invest in real estate.
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Compulsory licensing and accessibility of life-saving drugs in the third world [Amit Bhaskar]
Compulsory licencing is a crucial issue in health sensitive patent law. The grant of compulsory licence may increase the accessibility and affordability of life saving drugs and may bring such drugs well within the reach of common and poor people especially in third world countries, which are afflicted with killer diseases.
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A critical analysis of the Designs Act. [Pranav Mehra]
Like other intellectual property rights, the right in a design is also an intellectual property right. The object of the Designs Act is to protect the aesthetic appearance of an article if it is original or novel.
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A Supreme Court under seige [J H Shroff]
The Supreme Court of Pakistan has been seized of matters that exceed any other in magnitude and importance. In three out of four cases, the Court placed reliance upon abstract jurisprudential doctrines to carry out what can only be categorised as political acts.
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Definition of "person": Legislative competence and the professional tax [Aditya Narayan]
In Karnataka Bank Ltd. v. State of Andhra Pradesh, the Supreme Court rejected challenge to the definition of ‘person’ in Section 2(j) and Explanation I to the First Schedule of the Andhra Pradesh Tax on Professions, Trades, Callings and Employments Act, 1987 and upheld the legislative competence of the Andhra Pradesh Legislature to adopt the artificial definition contained therein for the purpose of levy of tax on professions, trades, employments and callings.
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An overview of the UN Proposal defining CSR for human rights [Anuradha Mohanty]
In order to fill the much-needed gap of binding international instrument in the realm of impact of corporate activity on human rights, John Ruggie, a Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprise, completed a report on 1st May 2008 in the form of a UN Proposal.
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Principles and procedures of trademark law in India [Anchal Chaudhry]
With the effect of globalisation the awareness and importance of trademarks knows no bounds.
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The English Constitution [Aditya Khandekar]
The reason for saying that England does not have any written document which may be called a Constitution is due to the influence of the Constitution of the United States of America.
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An analysis of the Limited Liability Partnership Bill [Amit Bhaskar]
LLPs combine the organizational flexibility and tax status of partnership with the advantage of limited liability for its partners.
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