Saturday, December 5, 2020

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Searching for the Goal of the Indian Competition Act, 2002

The overriding goal of Indian competition law is enhancement of end-consumer welfare. It is this that must consistently determine appreciable adverse effect on competition [‘AAEC’] and dominance analysis, in CCI decisional practice. To make this argument, I examine various aspects of the Act, concerning predatory pricing, monopsony power, mergers, [...]

Reorganisation of Special Courts under the Maharashtra Control of Organised Crime Act – A Step Forward

This article evaluates the Government of Maharashtra’s initiative of state-wise decentralisation of the MCOCA Special Courts. To substantiate the argument, I analyse the judicial business of the MCOCA Special court, Pune, which caters to five districts of Western Maharashtra, namely, Sangli, Kolhapur, Satara, Pune and Solapur [...]

The Jammu and Kashmir Public Safety Act: Looking into the Failure of Human Rights Challenges Against the Law

Farooq and Omar Abdullah, Mehbooba Mufti, and Shah Faesal are some of the well-known names who have been detained by the state, time and again, under the Jammu and Kashmir Public Safety Act (‘PSA’). Even though these people too have faced a harrowing experience, they have still been fortunate enough to get the media attention, the resources, as well as the support to legally challenge their detentions.

An Empirical Assessment of the Collegium’s Impact on Composition of the Indian Supreme Court

With an analysis of data spanning over seventy-two years, we have highlighted how the collegium has altered the composition of the Supreme Court. While the regional diversity of the court has improved in a relative sense, professional diversity in the court has deteriorated alarmingly [...]

The General Executive Power of the Union of India and the Commonwealth of Australia: A Comparative Analysis

The substantive content and ambit of the general executive power of “the Union” of India and of “the Commonwealth” of Australia, provided for in Article 53 and section 61 respectively of their constitutions, is a most significant issue confronting constitutional law in both India and Australia. Reference is made to “general” executive [...]

Carbon Tax as Discrimination: Revisiting the Legal Standard of National Treatment in WTO Law

This paper explores the possibility of an alternative take on the current understanding of the GATT national treatment obligation, especially in the assessment of the possible discriminatory impact of a carbon tax [...]

Insider Trading: Circumstantial Evidence is Evidence Enough?

The Securities and Exchange Board of India (‘SEBI’) is under constant pressure to secure the integrity of the securities market while also ensuring that development of the securities market is not deterred by its overreach [...]

What use is poetry? Excavating Tongues of Justice Around Navtej Singh Johar v Union of India

The Supreme Court of India, in Navtej Singh Johar v. Union of India, read down Section 377 Indian Penal Code (‘S. 377’), decriminalizing sexual relations between consenting adults, irrespective of sexual orientation or gender identity[..]

Public Policy under the New York Convention – Bridges between Domestic and International Courts and Private and Public International Law

Abstract Controversy continues over the “public pol-icy” exception set out in the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Claims are still made regarding the sharpness[..]

Hardship & Substituted Performance as Defences against Specific performance: Critique of the Recent Developments

For a long time, contract law in India has beenregarded as being plagued with inefficient contract enforce-ment mechanisms. The consequence has been that projects remained incomplete for several years[..]

A Critique of the Aadhaar Legal Framework

This paper critically examines the legal framework consisting of the Aadhaar Act, the Aadhaar Ordinance, and the Aadhaar Regulations from the perspective of accountability, delegation, and grievance redressal and enforcement[..]

Fostering the Realization of the Right to Water: Need to Ensure the Universal Free Provision and to Recognize Water as a Common Heritage

The fundamental right to water has long been formally recognised in India. However, notwithstanding this and numerous governmental interventions over the years, universal provision of water is yet to be achieved[..]

Publicity Rights and the Right to Privacy in India

The right to publicity is the right to protect, control, and profit from one’s image, name, or likeness. This right is generally considered as a facet of right to privacy. This article aims to study the[..]