Welcome to the Weekly Update for Law Optional UPSC, providing you with the latest updates on conceptual and current/contemporary topics. In this edition, we will explore various subjects.
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1. 'Dominant Position' - Meaning and Cases:
We begin with the concept of 'abuse of dominant position' under Section 4 of the Competition Act, 2002. It refers to the misuse of significant market power by an enterprise or group to the detriment of competitors, consumers, or the market in general.
The section lists various forms of abusive conduct, including unfair or discriminatory pricing, restricting production or services, denying market access to competitors, and leveraging a dominant position to enter or protect another market. Prominent cases in India related to abuse of dominant position include the Google Search Bias Case, DLF Case, Coal India Limited Case, and Fast Track Call Cab Case.
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2. E-Waste (Management) Rules under Environment Protection Act:
The E-Waste (Management) Rules regulate the collection, storage, transportation, processing, and disposal of electronic waste in India. These rules focus on Extended Producer Responsibility (EPR), collection mechanisms, recycling and dismantling facilities, and the reduction of hazardous substances.
By enforcing these rules, India aims to minimize the environmental and health impacts of e-waste, promote safe processing, and encourage the reduction, reuse, and recycling of electronic products.
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3. Abetment by Intentional Aid under IPC S.107:
Abetment by intentional aid, as defined in Section 107 of the Indian Penal Code (IPC), deals with intentionally aiding someone in the commission of a crime. It involves providing assistance or support, having knowledge of the criminal purpose, and establishing a connection between the aid given and the crime committed.
Relevant case law, such as R. v. Mathuria and State of Kerala v. K. Janardanan Nair, exemplify how courts have applied this concept to hold individuals accountable for facilitating criminal activities.
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4. "Substantial Performance" and "Discharge of Contract by Performance":
Under the Indian Contract Act, 1872, a contract can be discharged by performance when both parties fulfill their obligations. "Substantial performance" refers to a situation where a party has not fully performed their obligations but has done so to a degree that satisfies the contract. This concept ensures that a party is not unfairly penalized for minor defects in performance.
The determination of substantial performance depends on factors such as the nature of the contract, purpose, and willfulness of the breach. Relevant case law, such as K.P. Poulose v. State of Kerala, sheds light on how courts have dealt with substantial performance.
5. Jurisdiction of ICJ with Case:
The International Court of Justice's jurisdiction is primarily based on consent and can be established through compromissory clauses in treaties, optional clause declarations, special agreements, and forum prorogatum.
Case examples, such as the Case Concerning Maritime Delimitation and Territorial Questions between Qatar and Bahrain and the Case Concerning Military and Paramilitary Activities in and against Nicaragua, highlight different modes of jurisdiction under the ICJ. Additionally, the ICJ provides advisory opinions on legal questions referred to it by UN organs and specialized
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