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  • Authors: Pathak, Akhileshwar

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  1. Online Pricing Mistakes

    Authors: Pathak, Akhileshwar;

    Reference No: BP0405 Pages: 14 Published on: 31, March, 2017

    Abstract: Online stores sell thousands of products and services. Despite all care, mistakes can get made. These mistakes can have severe implications for the seller. A contract once formed is normally binding on the parties. The seller gets bound to sell at the mistaken price. Can an online seller get out ... More

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  2. The Suraj Lamp Case: Real Estate Markets

    Authors: Pathak, Akhileshwar;

    Reference No: BP0410 Pages: 8 Published on: 12, July, 2017

    Abstract: Sale of real estate property requires registration of sale documents which prevents fraud of the same property being sold to multiple buyers. However, a means to avoid registration was devised and put to use in certain parts of North India. This involved creating a set of three documents - an ... More

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  3. The Airport Authority of India Case: Public Corporations and the Fundamental Rights

    Authors: Pathak, Akhileshwar;

    Reference No: BP0411 Pages: 12 Published on: 19, January, 2018

    Abstract: The Fundamental Rights, guaranteed by the Constitution of India, are very substantive rights. The rights, however, are available only against the ‘state’ as defined in Article 12 of the Constitution. The definition of ‘state’ includes the Union and States legislatures and executive. The meaning of these terms is clear and definite. ... More

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  4. State and the Fundamental Rights

    Authors: Pathak, Akhileshwar;

    Reference No: BP0412TEC Pages: 7 Published on: 12, July, 2017

    Abstract: The Constitution of India constitutes India as a Union of States. Having given all the governing powers to the combine of the legislature and executive, it carves out certain basic rights for the individual against the state power, as the Fundamental Rights. The rights include the right of equality, freedom ... More

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  5. Dr. Janel Jeyapaul v. SRM University: Private Organisations and Public Rights

    Authors: Pathak, Akhileshwar;

    Reference No: BP0413 Pages: 14 Published on: 26, September, 2017

    Abstract: A person can approach the High Court directly under Article 226 for a violation of a Fundamental Right. The Fundamental Rights, however, are available only against the bodies which are ‘state’ within Article 12 of the Constitution. The judgement of the Supreme Court in Dr. Janet Jeyapaul v. SRM University extends the ... More

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  6. Are Non-profit Organisations Subject to the Fundamental Rights? The Case of the Board of Cricket Control in India

    Authors: Pathak, Akhileshwar;

    Reference No: BP0414 Pages: 10 Published on: 4, December, 2017

    Abstract: The case discusses the issues related to Zee Tele Films Limited’s claims that the Board of Cricket Control of India was “state” and could act arbitrarily in the award of telecasting rights. The “state” as defined in Article 12 includes “other authorities”, and these are subject to the constitutional limitations. ... More

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  7. Do the Fundamental Rights Apply to Non-profit Societies?: The Ajay Hasia Case

    Authors: Pathak, Akhileshwar;

    Reference No: BP0415 Pages: 12 Published on: 29, August, 2017

    Abstract: The ‘state’ as defined in Article 12 includes ‘other authorities’, and these are subject to the constitutional limitations. The right to equality requires them to not act arbitrarily. A body which is an instrumentality or agency of the government is ‘other authority’. The term has been subject to judicial interpretation. The ... More

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  8. Formation of Contracts: Gibson v. Manchester City Council

    Authors: Pathak, Akhileshwar;

    Reference No: BP0416 Pages: 11 Published on: 25, October, 2017

    Abstract: Business contracts are formed through negotiations, where the parties agree on some terms, disagree on others and keep yet others undecided. Over a period of time, they see themselves as having moved from being negotiating parties to contracting parties, settling on most of the terms. The law, however, states that ... More

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  9. Battle of Forms: Butler Machine Tool Company Limited v. Ex-Cell-O Corporation

    Authors: Pathak, Akhileshwar;

    Reference No: BP0417 Pages: 8 Published on: 1, November, 2017

    Abstract: All business-to-business contracts have now come to be done on standard contract terms. Every company has its General Conditions of Contract on which it would deal with its customers. Business parties negotiate, converge and do business with each other. However, if a dispute arises, both the parties claim that there ... More

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