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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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Appointment Of Judges

Indian Judiciary is one of the three pillars of the Indian democracy, along with the Executive and the Legislature. The Constitution empowers the Judiciary to be its watchdog and keep a check on the other organs, that of legislature and executive, in case they transgress the powers entrusted upon them …

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Analysis Of The Law Relating To Color Marks With Respect To Christian Louboutin’s Red Sole Trademark

The world of color marks is as fascinating as it is outrageous, where well-established brands pick a fight to ensure that no one piggybacks on his or her reputation and success or rather, he or she does not sail under false colors! While many products are recognized by the distinct …

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