Fair Competition & Monopolies

Also read article on 'Anti-Trust Laws: The Magna Carta of Free Enterprise'

“Competition is not only the basis of protection to the consumer, but is the incentive to progress.”

- Herbert Hoover (American President, 1874-1964)

Great words by a great man.However, President Herbert Hoover had somewhat erred while making this statement. He only said ‘competition’, whereas he should have stressed on ‘fair competition’. Competition is present even in oligopoly[1]or even when unfair trade or anti-competitive practices are being performed[2].However, in such competition, the consumer’s interests are not protected[3]. Also there is the constant danger that two or more major enterprises may merge giving rise to a monopoly[4].Barriers to competition caused due to unsuitable

How to Spread Legal Awareness among a Community: E.g. Uttarakhand

Map of Uttarakhand: Three regions

The following plan is a simple yet effective method to connect with the people with Uttarakhand and make them aware of their rights. It is cost-effective and realistic. A good plan need not constitute one complex strategy with several graph and map references but rather a mixture of several simple ones while keeping in mind short term as well as long term goals. If followed, the people's lives will be as beautiful as the region.

Name and slogan:

 People of Uttarakhand mainly speak the dialect of Kumaoni (in the Kumaoni area i.e. in Almora and northern Nainital, north-eastern Kumaoni in Pithoragarh, south-eastern Kumaoni in south-eastern Nainital, etc.) and Garhwali

Role of Comptroller & Auditor General (CAG) in Indian Economic Development

“The Comptroller & Auditor General must be as supreme as the judges of the Supreme Court, perhaps even more so.”          

- Dr. Pattabhi Sitaramayya 

Introduction

Today, the chief hindrance in the path of economic development in most countries is without a doubt corruption. In order to combat and even detect the corruption in India, responsible and efficient working of the Comptroller and Auditor General of India must be ensured. The CAG is an officer of the Constitution and not an officer of Parliament, even though he/she exclusively serves Parliament and State Legislatures[1]. Thus, the Comptroller and Auditor General is a dignitary who occupies a unique place in Indian democracy.

In order to meet the challenges of good governance the CAG’s office has been

Should Prostitution be Decriminalized in India?

This article is written by one of our authors  Shashank Sahay .

(Also read article on Women Exploitation in India)

The exponential rise in the number of women being trafficked inters and intra country has sparked off numerous debates. Some advocacy groups talk about issuing license to women involved in prostitution, thereby granting them the status of legitimate work.

Those in favor of legalization of prostitution as a profession argue that establishment of self regulatory boards constituted solely by sex workers would be able to check the inflow of new entrants especially with respect to their age and health. Once the women are

Incorporating Legal Education into School Curriculum

“Legal Education is essentially a multi-disciplined, multi-purpose education which can develop the human resources and idealism needed to strengthen the legal system….A lawyer, a product of such education would be able to contribute to national development and social change in a much more constructive manner.”[1]

Aspects of our society students will be more equipped to improve as a result of having a legal education (Also read article on 'Lawyers today Leaders Tomorrow'):

Lawyers are also referred to as ‘social engineers’. As we know, our society, the manner we live as well as what we do each day, are

Validity Of “Unregistered Agreement For Sale / General Power Of Attorney/Will Transfers” - Supreme Court Ruling

This article is written by Sushant Shetty.

The Supreme Court, in the case of Suraj Lamp & Industries Pvt. Ltd. Vs. State of Haryana & Anr., held that the transactions of the nature of ‘GPA sales’ or ‘SA/ GPA/ WILL transfers’ do not convey title and do not amount to transfer, nor can they be recognized as valid mode of transfer of immoveable property and that the Courts will not treat such transactions as completed or concluded transfers or as conveyances as they neither convey title nor create any interest in an immovable property. The judgement was

State Rent Control Acts Applicable To Tenants Of Public Sector Undertaking Properties - Rules Supreme Court

This article is written by Sushant Shetty.

(Also see the article on Deemed Conveyance, Analysis of Coastal Regulation Zone Notification 2011 and Key Provisions of The Draft Model Residential Tenancy Act, 2011 )

Public Sector Undertakings (PSU) India

A recent decision of the Supreme Court has held that the Public Premises Act governs only two issues, i.e. eviction of an unauthorized occupant and recovery of rent arrears from the tenants, and that henceforth the tenants would also be governed equally under the Maharashtra Rent Control Act on all other issues of standard rent and essential / basic services / facilities, as the two laws can sit side by side and their provisions are not conflicting.  It held that a guideline issued by the Centre in 2002 seeks to prevent the Act’s misuse besides setting obligations on Public Sector Undertakings (PSU) as Landlords

Whistleblower’s Bill, 2010: “Fortification Accorded To A Whistle Blower”-Adequate Or Derisory

(This article is written by Harshita Chaudhary.)

Centre finally blows the whistle on the Whistleblower's Bill. As of August 2012, India has a law lean on to eliminate corruption in the country's bureaucracy.[1] The Public Interest Disclosure and Protection to Persons Making the Disclosure Bill, 2010 also called Whistleblower’s Protection  Bill was approved by the Cabinet of India as part of a drive to eliminate corruption in the country's bureaucracy. The Whistle Blowers Protection Bill 2011 was voted for in Lok Sabha along with Lokpal Bill on December 27, 2011 during Anna Hazare’s

Bombay High Court:150 Glorious Years

The Bombay High Court on an old postcard

In order to celebrate completion of 150 years of the Bombay High Court, a small display has been organized in Court Room No. 46, on the second floor of the main building. Those who practice at Bombay H.C. know very well the significance of C.R. No. 46, for that is where Tilak's Trial had taken place. Tilak's last words in the trial are inscribed on a stane tablet outside the Court Room: 

"Inspite of the verdict of the jury, I still maintain that I am innocent. There are higher powers

Laws related to Women Exploitation in India

This article is written by one of our authors  Shashank Sahay .

Child Labour in India

The Child Labour (Prohibition and Regulation) Act, 1986, bans employment of children less than 18 years in certain fields such as transport, railways, ports etc. Employment of children is also regulated under several legislations such as Factories Act, 1948, Mines Act, 1983, Apprentices Act, 1951. The cut off age is 14 in most of the cases. However, the penalizing provisions of these Acts scarcely touch the exploiters/violators of the law. Monitoring of the law is extremely poor. The Supreme Court judgments on child labour have done little to improve the situation. (Image taken from here.)

Similarly, the Child Marriage Restraint Act, 1929, stipulates the