Law Review

Oct'20


The IUP Law Review

ISSN: 2231-3095

A 'peer reviewed' journal indexed on Cabell's Directory, and also distributed by EBSCO and Proquest Database

It is a quarterly journal focusing on various aspects of law and legal principles/issues relating to Cyber Law, Patent Rights, Copyrights, Insurance Contracts, Risk and Insurance, Banking Regulations (including Cooperative Banks/Rural Banks), Consumer Grievances, E-commerce/Internet Banking, Environmental Pollution, Public Policy, International Agreements and Treaties, Capital Markets, Mutual Funds, Secondary Markets, Medico-Legal, Socio-Legal, Arbitrations and Settlements.

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Focus Areas
  • International Business Law
  • Corporate and Securities Law
  • Banking Law
  • Insurance Law
  • Cyber Law
  • Environmental Law
  • Alternative Dispute Resolution
  • Healthcare Law
  • Employment Law
  • Intellectual Property Rights
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Article   Price (₹) Buy
Sustainable Development Goals,
50
A Study of Charities Governance Code in Different Countries
50
Identical Pricing as an Indicator of Cartel Formation: A Case Study on Government Procurements in India
50
A Critical Analysis of Alleged Cartelization by Members of Trade Association
50
     
Contents : (Oct 2020)

Sustainable Development Goals, Climate Action and Tree Planting
Mohan R Bolla

Vedas, Upanishads, Smritis, etc. are evidence of the society's respect for plants, trees, earth, sky, air, water and every form of life in India. People worship trees; rivers and seas are treated as replica of God and belong to all living creatures. The Apex Court stressed the need for peoples' participation in environmental management for sustainable development. The Constitutional obligation is to protect and improve the environment and to safeguard the forests and wild life in the country. In pursuance of the Millennium Development Goals, various schemes in India are being implemented to prevent undesirable climate change. The Judiciary, while enforcing the environmental protection laws, adopts an eco-friendly attitude, reflecting the legislative intent. But unfortunately, felling of trees without compensatory planting of saplings is going on unabated. The author stresses the need for preventing cutting of trees for development activities, including building of infrastructure, industrial development and construction of airports, etc. Construction industry and other tree cutting industries, besides paying compensation, may be required to grow plants extensively on a large scale based on real impact assessments. It is desirable that the trees may as well be displaced adopting advanced technology, or compensatory plantation shall be taken up to ensure prevention of climate changes.


© 2020 IUP. All Rights Reserved.

Article Price : ₹ 50

A Study of Charities Governance Code in Different Countries
Shiv Nath Sinha

The current pandemic and the resulting economic downturn have had a significant impact on all the sources of income, whether private or public. This sudden socioeconomic change has created new risks, unprecedented challenges and vast opportunities for many of the charities and even existential crisis for a few. Hence, it is crucial for charities to adhere to the governance norms which will steer them ahead in these tough times. Charities with below par governance standards may well find themselves paying a heavy price in days ahead. The effect of quality of governance will also impact the perception of the key national and international stakeholders and certainly the smooth functioning of the charity. Loss of public trust leads to a fall in donations and resources, and so it is essential that charities adhere to high standards of governance. Governance in the charity sector refers to the framework and processes concerned with managing the overall direction, effectiveness, supervision and accountability of an organization. This paper highlights the governance principles which are of utmost importance for charities for their growth and sustainability. The paper highlights the governance standards incorporated in Australia, Ireland, Singapore and United Kingdom.


© 2020 IUP. All Rights Reserved.

Article Price : ₹ 50

Identical Pricing as an Indicator of Cartel Formation: A Case Study on Government Procurements in India
Astha Srivastava

Cartel formation by suppliers in government procurements is a common occurrence. However, establishing the presence of cartel is not an easy exercise. The oft-cited indicium adopted for such determination is quotation of identical prices by the bidders. The paper explores the sufficiency and power of identical pricing as a tool for determination of cartel formation in the tendering process. For this purpose, an in-depth analysis is done of two cases related to procurement of materials by the Indian Railways which were brought before the Competition Commission of India. Both cases show striking similarities in facts, including quoting of identical prices by the competing bidders. Interestingly, the Competition Commission came to diametrically opposite conclusions on the issue of presence of cartels in these cases. The paper analyzes whether quoting of identical prices, as much as it seems important in identifying cartelization, is the 'clinching factor' in this determination. The analysis shows that the Competition Commission of India has adopted a more nuanced approach in this regard. The paper also identifies some learnings for public procurement professionals when dealing with cases of suspected cartel formation.


© 2020 IUP. All Rights Reserved.

Article Price : ₹ 50

A Critical Analysis of Alleged Cartelization by Members of Trade Association
Richa Prateek Jain

Trade associations are associations established by competing firms or entities operating in the same market with an aim to promote, represent and provide the members services pertinent for the furtherance of their commercial and professional goals. They also provide a platform to the market players for discussions and exchange of views and information on issues pertaining to the common interest of the entire sector or industry. Despite many pro-competitive actions that the trade associations do, they often come under the radar of the Competition Commission of India (Commission/CCI) for violating the provisions of Competition Act, 2002. The issue of flux is that on the one hand, such associations of traders and professionals are not illegal per se. But on the other hand, their associations sometimes transgress their objectives and lead to anti-competitive behavior which has an appreciable adverse effect on the market. In this paper, the author analyzes the position of trade associations with respect to competition law. By analyzing the various orders passed by the Commission and the orders passed by the Competition enforcing authorities in select jurisprudence, the author intends to decipher what exactly such platforms signify and whether they are hotspots for collusion or merely places for industry interaction.


© 2020 IUP. All Rights Reserved.

Article Price : ₹ 50

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