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Latest published cases

List of Latest Published Cases

  1. Employee Provident Fund Organization (EPFO): Towards consumer centricity

    Authors: Ravichandran, N;

    Reference No: PSG0128 Pages: 26 Published on: 4, April, 2018

    Abstract: The Employee Provident Fund Organization (EPFO), established by the Government of India is one of the World’s Largest Social Security Organizations. The purpose of EPFO is to ensure social security for Industrial workers and their dependents. EPFO maintains more than 15 crore accounts of its members. Traditionally EPFO had been ... More

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  2. Contractual Damages: Kailash Nath Associates v Delhi Development Authority

    Authors: Pathak, Akhileshwar;

    Reference No: BP0423 Pages: 11 Published on: 2, April, 2018

    Abstract: The Supreme Court judgement, Kailash Nath Associates v. Delhi Development Authority consolidates the law on award of liquidated damages and stipulations on penalties. Contractual damages are to cover losses and not to profit from it or penalise the party in breach. Stipulated amounts in damages or penalties are appraised by ... More

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  3. 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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  4. 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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  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. 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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  7. 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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  8. Airports Economic Regulatory Authority of India: Fair Rate of Return for Airports

    Authors: Sinha, Sidharth;

    Reference No: F&A0536 Pages: 27 Published on: 29, March, 2017

    Abstract: An estimate of the fair rate of return on capital is a critical input into tariff regulation. A too high estimate will lead to high tariffs for consumers; a too low estimate will not provide adequate incentives for investment. The Airport Economic Regulatory Authority of India has issued a consultation ... More

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  9. GMR KUAEL: The Longest Road PPP

    Authors: Raghuram, G.; Udaykumar, Prashanth D.; ;

    Reference No: CIPR0026 Pages: 27 Published on: 18, November, 2016

    Abstract: GMR Infrastructure Limited (GMRIL) had to make a decision on its continued role in the 555.48 km Kishangarh Udaipur Ahmedabad (KUA) Expressway Project, India's then longest road public-private partnership (PPP) project. GMR had terminated the contract citing NHAI's failure in fulfilling Conditions Precedent (CP) of providing (i) environment clearance (EC), (ii) ... More

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  10. Coal Block Allocation Controversy: Assignment of Mining Rights in India

    Authors: Pandey, Ajay;

    Reference No: CIPR0025 Pages: 16 Published on: 13, June, 2016

    Abstract: In 2012, a major controversy broke out after the Comptroller and Auditor General of India (CAG) accused the Government of allocating coal blocks in an inefficient manner during the period 2004–2009. The case explores the issues in allocating mining rights to any private entity. Besides developing an understanding of natural resource economics, ... More

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  11. A Tale of Two Tragedies: Bhopal Gas Leak in India and BP Oil Spill in US

    Authors: Sharma, Dheeraj;

    Reference No: MAR0468 Pages: 41 Published on: 9, May, 2016

    Abstract: The case deals with comparison of two events namely Bhopal Gas Tragedy and BP Oil Spill Tragedy. Specifically, the case compares the negotiation process and the outcome of negotiation process. In other words, the case compares how negotiation was carried out on behalf of victims of these tragedies and resulted ... More

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  12. Crafting a Vision and Mission Statement for the Competition Commission of India

    Authors: Sharma, Sunil; Varkkey, Biju;

    Reference No: BP0392 Pages: 11 Published on: 31, March, 2016

    Abstract: The Government of India established Competition Commission of India (CCI hereafter) through an act promulgated in 2002 to shift regulatory focus from curbing monopolies to promoting competition. The organization became fully functional in 2009 and gained recognition for its proactive stance when it slapped a penalty of Rs. 6400 crore on eleven cement ... More

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  13. Endless Choices in an Investors' Paradise: Togo

    Authors: Mathur, Ajeet;

    Reference No: ECO0356 Pages: 35 Published on: 3, March, 2016

    Abstract: The case describes how Togo was devastated by a combination of poor public policy and risk-averse foreign investors. The case provides a setting for the study of both Country Risk and Political Risk from the perspective of multilateral aid development financing agencies, foreign investors and citizens in a developing country ... More

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  14. Mumbai Metro One: Issues in Fare Fixation

    Authors: Gupta; Abhinav; Mangla, Arushie; Tibrewala, MayankNaveen, Nishant; Kejriwal, Udit; Raghuram, G; ;

    Reference No: CIPR0024 Pages: 37 Published on: 17, November, 2015

    Abstract: The Line I of the Mumbai Metro was being built by REL, Veolia Transport and MMRDA through the SPV, MMOPL. The project had been initiated by the Maharashtra State Government through the MMRDA. Due to the amendments in the Metro Railways Act, the project came under the Centre, after award ... More

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  15. 2015 UNFCCC Paris Summit: India's Dilemma

    Authors: Shobhane, Gaurav; Jain, Bhaumik; Anchalia, Gautam; Agrawal, Ayush;

    Reference No: PSG0121 Pages: 12 Published on: 12, June, 2015

    Abstract: In December 2015, 196 countries will meet in Paris to reach a new global climate change agreement. This case looks at the climate negotiation process from the eyes of India’s environment minister Mr Prakash Javadekar. In India’s context, the energy sector has a big role to play in emission reduction ... More

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