The Supreme Court holds that penalties imposed by the Competition Commission of India must be based on the turnover of the relevant product/service undeHnquiry and cannot be based on the total turnover of the offending enterprise.Indian sugar...
In the wake of the Vineet Narain case, the Supreme Court of India decided that the CBI director should be chosen based on the recommendations of a committee that included the Central Vigilance Commissioner, the Home Secretary, and the Secretary in charge of the Department of Personnel. Befor...
The definition of the term High Court allows for certainty regarding the territorial jurisdiction of the High Courts. However, the Tribunal Reforms Act, 2021 (hereinafter referred to as TRA), read along with the Trade Marks Act, 1999(hereinafter referred to as the Act)...
Prevention of Money Laundering Act (PMLA):The Supreme Court has upheld the core amendments made to the Prevention of Money Laundering Act (PMLA). Key Points: • This act gives the government and the Enforcement Directorate (ED) virtually unbridled powers of summons, arrest, and raids, and ma...
The Supreme Court of India is one of the very powerful courts in the world. Since 1950, the judiciary has played vital role in interpreting and in protecting the Constitution. The higher judiciary in India, especially the honourable Supreme Court has become an epicenter of debate over its role...
The politics of judicial independence: Court-curbing and the separation of powers A large body of scholarship in political science has examined the extent to which the Supreme Court is constrained by congressional preferences when it dec... TS Clark - Dissertations & Theses - Gradworks 被引量: ...
Does India have separation of powers? The Constitution of India does not accept the principle of strict separation of powers, rather it is based on the principle of 'checks and balance'. Indian Constitution is not static but a living document. ...
This chapter focuses on India but from a historico-legal rather than a purely legal perspective. Constitutional law commentaries in India usually focus on the development of legal doctrine regarding emergency powers and focus on important Supreme Court decisions to knit that narrative. Other contribution...
He finds this a fatal flaw in the nature of pure powers: pure powers have a regressive nature. Their nature is incoherent to us, and they should not be admitted into the ontology. I argue that pure powers do not need further powers; rather, they do what they do because they are ...
[3] Supreme Court of India had allowed the appeal and set aside the directions of the High Court reducing the interest awarded by the arbitrator to 16% with quarterly rest from the date of cause of action till the date of award and there after 18% with quarterly...