Articles

 
Parking Law in India
Tue, 13 Mar 2012
Parking is one of the essential components of Development plans of various cities in India. The total number of cars produced in India touched 15 million in 2010 while the road based traffic volume is set to increase to 12456 passengers-kilometers in 2030.However the ever increasing demand for automobiles is not correlated by a corresponding increase in road infrastructure.
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Cycle-logical mediation
Tue, 13 Mar 2012
In India on 29 March 2008, Lord Phillips of Worth Matravers, Lord ChiefJustice of England and Wales, said: "It is madness to incur the considerable expense of litigation- in England usually disproportionate to the amount at stake - without making a determined attempt to reach an amicable settlement.
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PIL: The real hero of Supreme Court decision on 2G
Mon, 12 Mar 2012
The two recent landmark Supreme Court judgments, one upholding the right of a private citizen to seek sanction for prosecution of a public servant, and the other being the quashing of 122 2G licenses, have one thing in common:
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India’s New York Convention Obligations: Why this Arbitration-hostility?
Fri, 9 Mar 2012
New York Convention is considered to be the foundation on which the edifice of international arbitration rests. That is to say, the effective existence of International Commercial Arbitration is wholly dependent on the abidance of the Convention obligations by the member states.
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An Opportunity in Carbon Trading
Thu, 28 Jul 2011
There are very few people who foresee a business opportunity in carbon. However, carbon trading is becoming a very lucrative business, estimated to touch $250 million in the next couple of years. Global carbon markets, which reached $144 million in 2010, offer huge opportunities for Indian law firms. When one industrial entity emits less carbon than what it is estimated to, there is a surplus that is created, which can be traded. Likewise, if any activity produces certain credits of carbon, like an afforestation drive by a company, that company can sell carbon credit that they generate, provided they satisfy certain mandatory requirements.
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The Lafarge Case: A Greener Future
Wed, 27 Jul 2011
In the ever-raging battle between the use of environmental resources for economic benefit and judicial activism in favour of protection of the environment, a new approach has been adopted by the apex court. The decision of the Division Bench (comprising Alam J, Radhakrishnan J and Kapadia CJ) of the Supreme Court in Lafarge Umiam Mining Private Limited. v. Union of India is a major stepping stone towards striking the right balance between the needs of corporate India, the rights of indigenous people over their land, as well as conservation of natural resources.
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Armed Forces Special Powers Act; an Analysis
Wed, 27 Jul 2011
The purpose of this paper is to analysis the Armed Forces Special Powers Act (AFSPA), 1958, specifically dealing with its implementation in the North-East of India. After giving a general introduction explaining social conflict and the basis on which the anti-terror law was made in India, the paper moves on to give the social backdrop of the legislation. The legislation is then analyzed on the basis of its rationale, objectives, relevant sections and implementation. The author concludes the paper discussing if there is really a need for such a law in India.
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Understanding Lex Mercatoria
Wed, 27 Jul 2011
Lex Mercatoria, translating into ‘merchant law’ , refers to a body of trading principles used by merchants throughout Europe in the medieval eras. The principles primarily juxtaposed freedom of contract and alienability of property, along with an aversion to legal technicalities and choices of going beyond the realm of law. The branch of law largely draws on the sources of law that include public international law and the general principles of law, as also from the UNIDROIT Principles of International Commercial Law, called the UNIDROIT Principles, and the 1998 Principles of European Contract Law.
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Compulsory Mediation?
Wed, 27 Jul 2011
Imagine for a moment that mediation is a product—a stain remover—that can be purchased from any supermarket. Almost all who have used it praise it highly. The product “does what it says on the tin”: it is cheap, quick, is easy to use, and saves time, cost and energy. On the adjacent shelf is another stain remover called litigation. Almost all who have used it are highly critical of it: it frequently fails to deliver its promise of success: it is extremely costly, very slow, and takes up huge amounts of time, money and energy. Yet people queue up to purchase litigation, and leave mediation on the shelf. Why?
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A critique of the Supreme Court’s recent judgment in M/s. Daiichi Sankyo Company Ltd v Jayaram Chigurupati & Ors
Fri, 13 May 2011
Though there have been so many legislative efforts in the matter of the SEBI (Acquisition of Shares & Takeovers) Regulations, 1997, ('Takeover Code' or 'Code'), one doesn't comes across a large number of judicial decisions pertaining to the interpretation of the Code. It appears that not more than half a dozen reported decisions have come from the Supreme Court of India on the Takeover Code. In this context, the landmark judgment dated 08.07.2010 in Civil Appeal No 7148/2009 titled M/s Daiichi Sankyo Company Ltd and Jayaram Chigurupati & Ors assumes significance.
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Party Autonomy in International Contracts: Why Limited Party Autonomy Is Better Than Unlimited Party Autonomy
Fri, 15 Apr 2011
Parties to an international contract have the freedom to adopt any jurisdiction they desire to, with regard to the governing law of that particular contract. A party in India and another in the United Kingdom may choose, whilst entering into a contract, a governing law, which is not natural to either of them. This freedom is given to the parties to eliminate doubts of a law natural to one party being less beneficial to the other. However, the question arises: Should such autonomy should be complete or should such a power be restricted in any nature?
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Legal Profession: Search for Fresh Moorings
Tue, 30 Nov 2010
According to available statistics, over 80,000 law graduates pass out every year from the country's 965 law schools. Though the majority of them enroll with different Bar Councils, not even half that number take up litigation in courts. There are many reasons for it, which are not necessary to be explored for the purposes of this paper. It will be interesting to find out what these law graduates (who do not go to courts for practice) do for their livelihood and how they fare with their counterparts in litigation.
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Commercial Divisions in High Courts: An Analysis
Wed, 24 Nov 2010
The Commercial Division of High Courts Bill, 2009, which seeks to introduce specialised divisions in High Courts to deal with high-valued commercial disputes in a speedy manner, has initiated a debate among the legal circles. The proposed bill was introduced in the Lok Sabha on December 16, 2009, and is currently pending in the Rajya Sabha. The proponents of the bill advocate that the legislation, if introduced, will be a huge leap in making the Indian legal system in tune with global standards, particularly more investment friendly.
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Vodafone Tax case - A Case Study for Investments in India
Wed, 24 Nov 2010
India Inc has been surging ahead audaciously with the support of its Information Technology developments with its repertoire of resources. Global players have been eying the Indian market, owing to immense opportunities that the continent provides; both in terms of expansion and profit. Investment patterns in India have shown positive growth over the years with significant process on the de-regulation front. India has been greatly involved with the G-8 and G-20, including signing of the Double Taxations Avoidance Agreements/Treaties (DTAA) with various tax-haven countries. This has boosted the image of India as a ‘lookout destination’ for investment and an emerging hub for economical activities. World Report 2010 ranked India as the 9th most attractive investment destination, while Bloomberg Global Poll conducted in September 2010 put India in the third position, above the United States of America (US). However, the very same image is said to have taken a beating with the recent Vodafone Tax case, which has been revolving in courts since 2009.
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