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OPINION

LAW CHRONICLES COVERS LEGAL ARTICLES, CURRENT LEGAL TOPICS, AND LEGAL NEWS

National Pharmaceutical Pricing Authority: Analysis and Suggestions

To bring about a greater degree of transparency and objectivity to the pharmaceutical industry, the Government of India in 1997 constituted an advisory body – National Pharmaceutical Pricing Authority (NPPA), entrusted with the power to fix prices of bulk drugs and formulations. Most people in India buy healthcare from the …

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Serious Fraud Investigation Office (SFIO): Analysis & Suggestions

The Indian Government set up a committee on corporate governance under the chairmanship of Naresh Chandra, former Cabinet secretary. Based on the recommendations of the committee, the Central Government issued a resolution on 2 July 2003 constituting the Serious Fraud Investigation Office (“SFIO”), which works under the MCA. SFIO was …

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Is Section 34(5) Of The Arbitration Act Mandatory Or Directory: Supreme Court Interpretation

BACKGROUND This instant appeal arose out of an arbitral award passed on 06.01.2016. The award debtor in the instant case, (“Appellant”) challenged the said award by filing an application under Section 34 of the Arbitration and Conciliation Act, 2015 (“Act”) before Patna High Court. The Court issued a notice to …

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Explained: Recent Spat Between RBI and The Government of India

The Reserve Bank of India, known for its restraint, has now tuned combative, showcasing its resentment against the government. At least two speeches recently made by the top RBI officials underscore the extent of the friction between the Central Bank and the Central Government. In a speech delivered on Friday, …

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Explained: Infrastructure Leasing And Financial Services (IL&FS) Crisis

India’s financial market is reeling under high selling pressure, triggering concerns about risks in the country’s shadow banking sector. IL&FS Financial Services, a group company, defaulted in payment and failed to meet the commercial paper redemption obligations which were due on September 14. The company, on September 15, reported that …

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Should There Be A Promulgation Of Minimum Education Qualification For Politicians?

It is undisputed that education is momentously fundamental for creating and sustaining, not just a Democratic State but a State by itself. Predominantly, possessing notable educational qualification is an implied requirement for lawmakers in most developed as well as developing economies and much weight lies on the same during elections. …

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A critical analysis of ‘Rajasthan Cylinders and Containers Ltd. v Union of India and Another’

Price parallelism is a term used in Competition law where the traders change their prices simultaneously, in the same direction and proportionally. Since such practices result in monopoly prices in goods, it is considered harmful to the consumers. This article makes an attempt to analyze this phenomenon in light of …

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“Abuse Of Dominance” In The Light Of Telefonaktiebolaget Lm Ericsson V/s Competition Commission Of India

The Competition Act, 2002 under section 4 specifically forbids any enterprise from abusing its dominant position. The term ‘Dominant Position’ means a position of strength enjoyed by an enterprise  in a relevant market, in India, which enables it to: Operate self-sufficiently irrespective of the competition forces prevalent in the relevant market; …

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PUBLIC PARTICIPATION IN LEGISLATION – INDIA AND THE WORLD

A representative democracy is the kind of democracy where people rule through their representatives, wherein these representatives make laws and policies and ensure their implementation. In a country like India, the citizens seldom have a say in the legislation process. It is to be noted that, where the Government should …

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Transparency in Public Procurement by E-procurement

Due to the growing need for enhancing transparency in public procurement as well as to ensure accountability and fairness and to promote competition in the bidding process, the Government of India, as well as the State Governments have taken several initiatives like e-publishing, e-procurement, Government e-marketplace etc. in the realm of public procurement.  This article delves into the e-procurement process and its possible benefits and setbacks.

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