by IJLMH | Dec 11, 2020
Corporate restructuring and competition level in the market is very closely intertwined with each other. India, in order to govern both the spheres, has adopted a mandatory and suspensory merger control regime, wherein the standstill obligation forms the most important intersection. As India has embarked its’ journey to overhaul the combination and competition law landscape with introduction of novel measures like green channel, failing-firm defense, it has become pertinent to also focus and understand seemingly overlooked concepts like, standstill obligation. In this article, the authors untie the knot on the legal framework of standstill obligation in the Indian Competition Act and matured jurisdictions like the European Union. The article also dwells upon the recent recommendation of the derogation from standstill obligations by the Competition Law Review Committee 2019 and it’s reflection in the newly introduced the Competition Amendment Bill 2020. As standstill obligation is the cornerstone of the Indian merger control regime, the impact of derogation from standstill obligation needs a nuanced understanding. Bearing this in mind, the authors also critically and comprehensively analyze the impact of the derogation from standstill obligation in the merger and acquisition landscape of India.
by IJLMH | Dec 11, 2020
The term homosexuality and the laws prohibiting ‘unnatural’ sex were imposed across the world through imperial might. In India also unnatural sex was made a criminal offence by the colonial legislation, the Indian Penal Code, drafted by Lord Macauley in 1860 that criminalize “carnal intecourse against the order of nature” under section 377, punished by imprisonment that could be extended upto ten years. Our Judiciary has ever since the inclusion of this offence has tried to interpret what a “carnal intercourse against the order of nature” is, in a several judgements, in its several attempts to define the meaning and scope. There has however not been any distinction of consensual sex or otherwise, in section 377 of Indian Penal Code (IPC), which has effectively made sex between homosexuals a crime. Recently the Supreme Court in the case of Naz Foundation scrapped section 377 and upholded the decision given by the Delhi High Court, thereby declared that so long as it criminalises sexual acts between consenting adults, whether homosexual or hetrosexual is unconstitutional. This paper examines the issues of LGBTI community, and the constitutional validity of section 377 under the shadow of fundamental rights given under part three of the constitution of India.
Keywords: LGBT, Homosexuality, Carnal Intercourse, Hetro Sexuality
by IJLMH | Dec 10, 2020
To regulate the competition in market, government passed the Competition Act, 2002. It regulates the whole market and bans anti-competitive agreements. It makes the business practices illegal which try to abuse its dominant market position. In the era of internalization and commercialization of sports, it has created rapid growth of economic interest of the businesspersons and investors. The economic importance of sports has been recognized by almost every country. It can be termed as Sports Market and there is lack of regulatory mechanism in this market to regulate illegal activities. Therefore, it has travelled around new cross-roads for the application of competition law in sports. Various sports federation show their dominance position and try to control the sports which deny the fair competition. Due to advancement in sports, it has lifted lot of other legal issues also, like match fixing, doping, employment contract, issues on abuse of dominance etc. and the paradigm of competition law application on the sports will improve the administration and control the unethical practices. This paper analysed that how competition law affects the development of sports in new era. It provided the overview that how competition law is applicable on sports and highlighted international practices in sports.
Keywords: Competition Law, Sports, Economic interest, Anti-Competitive Agreement, Abuse of Dominance.
by IJLMH | Dec 7, 2020
The Parliament passed new amendments to the Arms Act of 1959 reducing the number of guns that one person can own, these developments in gun control law in India raise the question whether stricter gun control policy is the way to curb crimes and violence in our country and if guns ensure self-defence when they are encumbered by strict rules for possession, storage, and transport. Taking examples from different countries with polarized views on the issue of gun control, we try to scrutinize the issues caused by civilian ownership of firearms and the reasons why the same is considered important in some countries. Also, the political and ethical ideologies which cause the polarised opinions on guns in different countries are discussed. The United States of America stands as an extreme example with a vast pro-gun lobby and the highest per capita gun ownership. Taiwan serves as the perfect model where gun control measures are minimal, yet the per capita gun ownership is one of the lowest. Japan and Indonesia serve as contrasting examples with strict gun control measures in place, yet Japan is more successful in enforcing those measures than the Indonesian authorities. From each of these models, India has something to learn and implement in its gun control measures.
Keywords – Firearms, Violent crimes, policy, law enforcement, comparative law
by IJLMH | Dec 7, 2020
Privacy does not have a definite meaning; it keeps evolving with time. Privacy as a concept can be seen as freedom from society and as a part of human dignity . Privacy as a freedom from society would see the concept of privacy from an angle of being let alone and controlling in the way one would want to represent themselves in front of others. Dignity of a person attaches itself with various principles in relation to human behaviour which includes freedom to their any decisions without interference, individual autonomy and freely develop one’s personality.
The technology has advanced to a greater extent and as a result of that boundaries of privacy have become blurred. Social media being a medium to express thoughts, share photos and videos, like, comment, get daily updates, etc. has become one of the means to obtain personal information. The privacy policies of social media inform the user about the collection of personal information and sharing them with the third party entities. This makes personal information as a valuable commodity which is sold to the third party entity to enhance their economic model. This leads to invasion of information privacy of the social media users.
Thus, this paper focuses on the legal framework in the European Union and India to understand the consent mechanism and the protection accorded to personal information under them. Further the paper explores the privacy concerns on social media and their consent model. The paper attempts to bring out the concept of commodification which affects the social media users in terms of their privacy.
Keywords: Information privacy, social media, commodification, third-party entities, consent.
by IJLMH | Dec 7, 2020
International trade becomes inevitable when the countries want to spread their own markets. In international trade, a major role is played by maritime transport. A large part of trade at international level is carried via sea. In international trade as both parties are situated in different countries, the process is completed with help of a middleman, called as ‘carrier’. This could lead to emergence of various queries such as, at which place and to whom the goods are to be delivered by him etc. The answer to these queries lies in an important document used in international trade when it is carried out through sea route, that is, “Bill of Lading”. As time went by improvements in technology took place, which led to evolution of ‘Electronic bill of lading’. The article aims to highlight the meaning and functions of bill of lading. The article further focuses on the emergence of bill of lading and its ambiguous position in this era of digitalization.
