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Predatory Pricing

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In common parlance, Predatory pricing may be defined as pricing below an appropriate measure of cost for the purpose of eliminating competitors in the short run and reducing competition in the long run. It is a practice that harms both competitors and competition.  Normally price cutting is aimed simply at increasing market share, predatory pricing has as […]

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Indemnity Clause – Showstopper of Contract

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  Indemnity Clause is governed under Section 124 of Indian Contract Act, which is defined as a contract by which one party promises to save the other from loss caused to him by the conduct of the promise himself, or by the conduct of any other person, is called a “contract of indemnity”. Thus the […]

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The Curious Case of Damages

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Definition of Damages in paragraph 383 at page 216, Halsbury’s Laws of England, Third Edition, Volume II, which reads as follows: Damages may be defined as the pecuniary compensation which the law awards to a person for the injury he has sustained by reason of the act or default of another, whether that act or […]

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Standard Form of Contracts – Take it or Leave it?

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A Standard form of Contracts or Adhesion Contracts are contracts which are generally drafted unilaterally by any entities and these contracts is generally not bargained for, but is imposed on the recipient for a necessary service on a take or leave it basis. However to take a stand that a contract is in a printed […]

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Alternate Dispute Resolution vis-a-vis Allied Case laws

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Indian law encompasses five types of Alternate Dispute Resolution (“ADR”) procedures, made up of one adjudicatory process (arbitration) and four negotiatory (non-adjudicator y) processes–conci liation, mediation, judicial settlement and Lok Adalat settlement. Arbitration and Conciliation are being governed by Arbitration and Conciliation Act 1996 and the two other ADR processes Lok Adalat settlement and mediation […]

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Materiality and Judicial Rulings

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Mandar D Rane In terms of Regulation 30 of SEBI (Listing Obligations and Disclosures Requirements) Regulations, 2015 mandates every listed entity shall frame policy for determination of materiality based on criteria specified and it shall be approved by Board of Directors of the Company and also be disclosed on Company’s website The question of materiality, […]

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Buyback of Shares – A Judiciary Prospective

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Mandar D Rane Introduction When a Company has excess cash they may either use it for Investment, Acquisition of another company, repay debt or Buyback of shares. Buyback of shares in common parlance may be described as a procedure followed by a Company wherein it offers to purchase shares from its shareholders. Buyback of share […]

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