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 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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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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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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The amount of damage inflicted is a measure of the extent of liability.
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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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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 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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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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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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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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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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With the effect of globalisation the awareness and importance of trademarks knows no bounds.
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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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LLPs combine the organizational flexibility and tax status of partnership with the advantage of limited liability for its partners.
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Third party vendors will generally indicate on the package that the product is suitable for a particular OEM Cartridge or will print a series of numbers on the packaging and often include a small OEM’s trademark indicating compatibility with the OEM’s products.
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In common parlance, short- swing profits may be defined as short-term profits realized by way of the purchase and sale or vice-versa of equity securities (other than the exempted securities) issued by the company, within a period of six months, by company insiders having superior access to price sensitive information and taking undue advantage of the same for the purposes of such buying and selling.
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The Convention in Article 3 requires that “States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.” T Bharat Ratna writes on the successes and failures of the Convention.
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