Hanuwant Singh Rathore

5 Posts
Does A High Court’s Order Staying A Central Law Or Rule Apply Throughout The Country?

Does A High Court’s Order Staying A Central Law Or Rule Apply Throughout The Country?

As it is clear from the heading that what we are going to talk in this Article. Many of you get confused whether a High Court’s order staying a central law or rule will be enforced through out the country or only limited to territorial jurisdiction of that High court. In this Article, we will try to clear this doubt. General rule is that an order or judgement of High Court will be enforced only in its territorial jurisdiction. But it will be different in the case where High Court’s judgement is against a Central law. The Supreme Court in…
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PEOPLE WITH CRIMINAL BACKGROUND CANNOT BE OUR LAW MAKERS

PEOPLE WITH CRIMINAL BACKGROUND CANNOT BE OUR LAW MAKERS

People having Criminal Background and then joining politics is quite common practice in country like India. And it is a debatable topic and have been in issue since a long time. In NGO’s plea, it was stated that in 2014 percentage of Lawmakers with criminal background is 34%. Further, according to a report by Association for Democratic Reforms one out of every three MP’s elected in 2014 or we can say 184 out of 542 winners had criminal cases against them, while the number was 158 in the 2009 Lok Sabha Election. Maharashtra has the higher number of winners with…
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A GUIDE TO DOCTRINE OF RESTITUTION

A GUIDE TO DOCTRINE OF RESTITUTION

ABSTRACT There is a general principal that “No one should get benefited by harming others or by damaging others”. This same principal is elucidated under Contract Act,1872. Doctrine of Restitution safeguards the plaintiff and give him a right to reclaim what he has given to defendant during the validity of Contract as part of consideration to the defendant. This doctrine is based on the theory of unjust enrichment. Earlier the jurist and lawyers do not know about the concept of unjust enrichment, but it was noticed that number of remedies were given in the cases which later named as unjust…
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Anti- Competitive Agreements: Knight in Shining Armour

Anti- Competitive Agreements: Knight in Shining Armour

Foreword Repealing the Monopolistic and Restrictive Trade Practices Act, 1969 (the “MRTP Act”). The Competition Act,2002 came into force and to adjudicate and administer the Act the Competition Commission of India (CCI) was also established.  In 1776 Adam Sith in his book “The Wealth of Nations”, He talked about the price fixing horizontal agreement. These agreements are harmful for the society and for economy as well but not all horizontal agreements are harmful like for sharing risk, cost saving, pooling know-how and launching innovations faster[1], but agreements for price fixing or to allocate territories have an anticompetitive effect. On 20…
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Private Placement

Private Placement

PRIVATE PLACEMENT UNDER COMPANIES ACT,2013 INTRODUCTION Whenever company wants to raise funds, for the expansion of business or for new projects, they can either take loan from the bank or financial institutions or by issue of share capital. Part II of chapter III of Companies Act,2013 talks about private placement. The issue of share capital is not for public at large, but only for selected people or groups. A company may make a private placement through issue of offer letters to selected groups or people. WHAT IS PRIVATE PLACEMENT Companies act, 2013 provides various option for raising finds and issue…
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