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  • Authors: Agarwal, Anurag

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  1. ONGC - SUMITOMO: Avoidable Long Legal Battle

    Authors: Agarwal, Anurag K;

    Reference No: BP0342 Pages: 5 Published on: 15, November, 2011

    Abstract: ONGC vs. Sumitomo - Supreme Court of India, 28 July, 2010 - is an example of a dispute in an international contract, with an arbitration clause, which could have been avoided. Ironically, it took almost two decades to be finally decided. The purpose of this case is to make the readers think ... More

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  2. Business Dispute Resolution through Arbitration: Deep Roots in Ancient Indian Culture

    Authors: Agarwal, Anurag K;

    Reference No: BP0343TEC Pages: 5 Published on: 15, November, 2011

    Abstract: Arbitration, the chosen method of business dispute resolution, has deep roots in ancient Indian culture. The 'gram panchayat' has been popular in Indian villages. People gave the status of God to the 'Panch', as has been detailed in the evergreen story 'Panch Parmeshwar' by Munshi Premchand. There are many instances ... More

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  3. Law and Ethics

    Authors: Agarwal, Anurag K;

    Reference No: BP0345TEC Pages: 11 Published on: 20, July, 2012

    Abstract: Are law and ethics different? Is law necessarily ethical? Are all ethical acts legal? These are questions a business manager is confronted with while making business decisions. What is the price he is supposed to pay when he fails to comply legally and/or ethically? Should he care for ethical ... More

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  4. Vodafone: Heads I Win, Tails You Lose

    Authors: Agarwal, Anurag K;

    Reference No: BP0346 Pages: 11 Published on: 6, August, 2012

    Abstract: The case relates to Vodafone entering the Indian telecom business. The tax department demanded a heavy sum to be paid. Vodafone denied the liability. The dispute was finally decided by the Supreme Court of India in Vodafone's favour. The government of India did not concede defeat and amended the taxation ... More

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  5. Gagging the Media: Write No Evil, Speak No Evil, Show No Evil - A multi-media (Audio Video) Case

    Authors: Agarwal, Anurag K;

    Reference No: BP0348 Pages: 42 minutes Published on: 5, September, 2012

    Abstract: The Constitution of India provides freedom of speech and expression to all the citizens of India. This freedom, however, is not absolute. "Reasonable" restrictions can be imposed by the State. The term "reasonable" has not been defined anywhere. It is up to the judiciary to determine the reasonableness of any ... More

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  6. Freedom of Speech and Expression Threatened in India: Recent Events

    Authors: Agarwal, Anurag;

    Reference No: BP0349 Pages: 17 Published on: 18, September, 2012

    Abstract: The Constitution of India guarantees freedom of speech and expression to its citizens. This freedom is not absolute and the State can impose reasonable restrictions. Of late, certain incidents have shown this freedom to be under threat. The case highlights some of such events. It makes the readers think about ... More

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  7. GMR in Maldives: Babe in the Woods?

    Authors: Agarwal, Anurag;

    Reference No: BP0350 Pages: 8 Published on: 21, December, 2013

    Abstract: The case deals with sovereignty and issues related to doing business in a foreign land. It highlights aspects of taking political risk for granted and factoring in or not factoring in the legal environment, which includes the rule of law and independence of judiciary, in a particular jurisdiction. The case ... More

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  8. Medical Negligence: Law and Interpretation

    Authors: Agarwal, Anurag K;

    Reference No: CMHS0011TEC Pages: 12 Published on: 24, March, 2011

    Abstract: Negligence by doctors has to be determined by judges who rely on experts' opinion and decide on the basis of basic principles of reasonableness and prudence. This brings into a lot of subjectivity into the decision and the effort is to reduce it and have certain objective criteria. The paper ... More

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  9. Quality and the Law

    Authors: Agarwal, Anurag K.;

    Reference No: BP0358TEC Pages: 14 Published on: 15, July, 2013

    Abstract: Problems of poor quality are not uncommon. This may happen in a business to business or consumer contract. The law is very clear – whatever has been promised must be delivered. To speed up things, consumer courts have been established to resolve disputes. In case of non-consumers, the issues have to ... More

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  10. The Rule of Law

    Authors: Agarwal, Anurag K;

    Reference No: BP0355TEC Pages: 11 Published on: 24, January, 2013

    Abstract: The rule of law is different from the rule of an individual, and is supposed to be essential for the development of any economy, and for peace, harmony and order in society. It connotes the supremacy of law, equality and predominance of legal spirit. However, unfortunately, it has been observed ... More

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  11. Contracts: Certainty and Uncertainty

    Authors: Agarwal, Anurag K;

    Reference No: BP0364TEC Pages: 9 Published on: 5, October, 2013

    Abstract: A contract is entered into by the parties to ensure certainty, but it does not ensure certainty due to several reasons. Act of God and anything beyond the control of the parties is covered by the ‘force majeure’ clause and is recognised by law of contracts. There may be uncertainty ... More

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