The Arbitration and Conciliation Act, 1996 improves upon the previous laws regarding arbitration in India namely the Arbitration Act, 1940, the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) Act, 1961.Further, the new statute also covers conciliation which had not been provided for earlier.The Act…
Administrative law is recognised as the most outstanding legal development of the 20th century.The 19th century was characterised by the welfare state wherein there was minimum government control, free enterprise, contractual freedom, etc. Individualistic theories flourished in this period.The state played a negative role. It was primarily a police state…
The consumer is the center of all business activities. In modern days, it is said that the consumer is the king of the market. Business activities are carried out to satisfy, the wants of consumers. A commercial organization totally depends on the customer not only for its survival but also…
The incentive theory under Intellectual property regime provide reward to the new innovation made by inventor and monopoly right over it for a period of time. Competition restricts the abuse of monopoly right which is abusive in nature. It is further said that dominant position in market is not per…
The court is not obliged to use this approach as the question is ultimately that set out in section- 3,35 but failure to follow it can lead to hindsight not being properly discounted. Depending upon the facts, various other approaches might assist. The windsurfing/ Pozzoli test, in fact, does little…
