Day: April 30, 2015

Separation of Powers: A Comparative Analysis of the Doctrine India, United States of America and England

By Yashmita Editors Note: The doctrine of separation of powers is essentially what fortifies the three pillars of democracy. Without such a demarcation, the point of such offices and such pillars is redundant, and the nation might as well be a dictatorial state, with all three pillars working in collusion. This paper […]

Conflict, Refugee Situation and Human Rights: A Case Study of Tamil Refugees in the Sri Lankan Conflict

By Anonymous Editor’s Note: Refugee situations and statelessness are two of the most pertinent issues today in International Law. There are millions of displaced persons who live in the most inhumane conditions all over the world including India, Iran and Pakistan and their only intention was to avoid conflict. As […]

Behind the Guise of ‘Guru’: Sexual Harassment Against Students

By Anonymous Editor’s Note: Gurus, or teachers have always been thought of as the most noble, most selfless beings. They have always been thought of as the candle that burns itself to provide light to its students.  In the recent times, teachers have been in the news for all the […]

Performance Appraisal

By Yashu Bansal, Chanakya National Law University, Delhi “Editor’s Note:This paper discusses the concept of performance appraisal. Performance Appraisal is a structured method of evaluating an employee’s performance in an organisation. The concept is important as it helps identify the strengths and weaknesses of employees, assists in succession planning and also serves as a tool for […]

Dishonour of Cheques: Director’s Liability in case of Dishonour

Cheques are a type of bill of exchange and were developed as a way of making payments without the need to carry large amounts of money. A dishonoured cheque cannot be redeemed for its value and is worthless; they are also known as an RDI (returned deposit item), or NSF (non-sufficient funds) cheque. Cheques are usually dishonoured because the drawer’s account has been frozen or limited, or because there are insufficient funds in the drawer’s account when the cheque was redeemed. A cheque drawn on an account with insufficient funds is said to have bounced and may be called a rubber cheque. Banks typically charge customers for issuing a dishonoured cheque, and in some jurisdictions such an act is a criminal action. A drawer may also issue a stop on a cheque, instructing the financial institution not to honour a particular cheque

Doctrine of Fundamental Breach: The CISG and The UCC

The doctrine of fundamental breach is chiefly predicated on the facts or assumption that a party to a contract or contract of sale has committed a misnomer in the contract that goes to the root of the contract, thereby knocking the bottom off its commercial relevance. The prerequisites which must be fulfilled before a buyer may avoid a contract under the CISG are very different from those which must be fulfilled to reject under the UCC. Moreover, case law interpreting the doctrine has only added to the ambiguity, thus making it nearly impossible for any interpreter to confidently answer the seemingly basic question of whether a contract for the international sale of goods has been fundamentally breached. It seems as though the goal of contract preservation has outweighed the desire for any bright line rules and maybe rightly so when considering the international context in which these cases are decided.

Contract of Adhesion and Doctrine of Fundamental Breach

The nature of the contracts changes with the developments in business environments. Most contracts entered into by ordinary people today are not in fact the result of individual negotiations. Even insurance contracts are similar to such contracts of adhesion since one party holds a stronger bargaining position in the contract and this is usually the drafting party, whereas the other party holds a weaker position and this is usually the accepting party. The existing provisions of the the Indian Contract Act show that the legal control is not quite adequate to come to the rescue of the weaker party against adhesion contracts and to meet the needs of the changing times.

Definition of License and Granting of License

The usage of license to signify a transaction is widely used by laymen, who rarely think in terms of jural relations. In the following study, the author has made an attempt to explain the meaning of licence and how a licence is granted in India. Moreover, it is important to have an understanding of the difference between a lease (that is a tenancy), easement and a licence under general law so that one knows what one is dealing with in any particular case. Therefore, the author has also sought to draw a line between these concepts.

Absolute and Partial Restraints on Transfer

The extent to which a person transferring real or personal property may limit its subsequent disposition by the transferee has for centuries been a problem troubling the courts. However, the context in which the present-day struggle arises is a far cry from the feudalistic society existing in England when the restraints on alienation doctrine was developed, yet the materials which follow evidence quite clearly that the judicial role in articulating and enforcing the doctrine is beginning anew.

Investors’ protection

Investors are often known as shareholders or members of the company. They contribute to the equity capital, have the voting rights in every matter and are entitled to get dividend. Protection of investors means safeguard and enforcement of the rights and claims of a person in his role as an investor. The same being of utmost importance, has been analysed in detail by the author in the following paper.

Economic Liberalisation and Response of Indian Judiciary

Economic liberalisation and respect for human rights are both highly topical issues. Both fields of law protect certain freedoms: economic development could lead to higher human rights standards and be used to secure compliance with human rights agreements. However the interaction between trade liberalisation and human rights protection is complex. The Indian judiciary has in its judgments consistently preserved as unassailable the economic and industrial policy of the Government of India. A study of the same has been made by the author in the following paper.