Benchmarking Clause in Most Favoured Customer and Anti Trust Law Perspective

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Benchmarking Clause

Most Favoured Customer (“MFC”) and Benchmarking clauses are the most important and critical clauses in any service agreement and the outsourcing contracts. The drafting and negation of these clauses are most onerous task requiring dexterity and expertise. MFC clause has virtually similar meaning to the Most Favoured Nation (MFN) treatment under the GATT Agreement and… Read more »

Right to Health

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Right to Health

Definition of health: – The widely acceptable definition of health is that given by the WHO in the preamble of its constitution, according to World Health Organization, “Health is a state of complete physical, mental and social wellbeing and not merely the absence of disease[1].” In recent years, this statement has been amplified to include… Read more »

Compellability and Compatibility of witness

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Witnesses and document are the chief sources of evidence.  A witness is a person who gives testimony or evidence before any court.  As a matter of fact every person is competent to give evidence but in certain circumstances he may not be compelled to give evidence. A witness have a privillege i.e. a right to… Read more »

“Arrest” and its scope in contemporary Indian criminal justice system

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Arrest

The emerging trends in the criminal justice system emphasize the need to speedy trail. Since our Constitution envisaged the spirit of fundamental rights to its citizens the Right of life and personal liberty Article 21 of the Indian constitution read as “No person shall be deprived of his life or personal except according to procedure… Read more »

Can examine lapses in CVC’s appointment: Supreme court

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The Supreme Court Monday said it was not barred from examining the validity of a statutory appointment, including that of the Central Vigilance Commissioner (CVC), by the highest constitutional authority if the selection and appointment procedure was vitiated. “Some constitutional authority is entrusted with the powers to make statutory appointments. We must have faith in… Read more »

AN OVERVIEW ON DOWRY PROHIBITION

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 “Too Many Laws but Too Little Justice” – Mr.N.A.Palkhiwala An eminent jurist of International repute Mr.N.A.Palkhiwala has observed in his book “We the People” that one of the costly failures of the Government in the post-Constitution era in India has been its failure to maintain Law and Order.  It is mostly prevalent in the case… Read more »

THE ENTRY OF NEW BANKS IN THE PRIVATE SECTOR – A BOOST TO FINANCIAL INCLUSION

Posted On & filed under Banking & Insurance Law, Legal Articles.

  PRESENT BANKING POSITION It is general principle that greater financial depth, stability and soundness contribute to economic growth. But broadening and deepening the reach of banking is the important factor for growth to be truly inclusive. The union finance minister in his budget speech for the year 2010-11 had announced that ‘The Indian Banking system… Read more »

SEBI & ART FUNDS – An Analysis

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Another area where SEBI is trying to protect the interest of the investors is art-fund. It was come to the knowledge of SEBI that most of the entities are operating the art-fund without having been registered with the SEBI. As per the SEBI regulations no entity can be allowed to start a schemes or funds… Read more »

SECTION 25 COMPANIES UNDER COMPANIES ACT 1956

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 Under Indian law, 3 legal forms exist for Non-Profit organizations: Trusts Societies Section 25 companies  Due to better laws, Section 25 companies have the most reliable strongest organizational structure. Section 25 companies are those companies which are formed for the sole purpose of promoting commerce, art, science, religion, charity or any other useful object and… Read more »

REGISTRATION OF A PRODUCER COMPANY

Posted On & filed under Corporate & Commercial Law, Legal Articles.

The Companies (Amendment) Act 2002 vides notification no. S.O. 135 (E) inserted part IX – A of the Companies Act, 1956 ( hereinafter referred to as “the Act” ) and introduced the concept of Producer Company[1]. In the year 2002 an expert committee led by noted economist Y.K Alagh framed legislation for incorporation of a producer… Read more »