THE LAW OF FOREIGN DIRECT INVESTMENT
TOPIC- ‘AD CATEGORY-I BANK (Important terms in FDI)
AD Category-I Bank means a bank (Scheduled Commercial, State or Urban Cooperative) which is authorized under Section 10(1) of FEMA (Foreign Exchange Management Act) to undertake all current and capital account transactions according to the directions issued by the RBI from time to time.
The Law of Foreign Direct Investment-AD Category-I Bank
THE LAW OF FOREIGN DIRECT INVESTMENT
TOPIC- Depository Receipt (Important terms in FDI)
A ‘Depository Receipt’ (DR) means a negotiable security issued outside India by a Depository Bank, on behalf of an Indian company, which represent the local Rupee dominated equity shares of the company held as deposit by a Custodian bank in India. DRs are traded on Stock Exchanges in the US, Singapore, Luxembourg, etc.
DRs listed and traded in the US markets are known as American Depository Receipts (ADRs) and those which are listed and traded anywhere else are known as Global Depository Receipts (GDRs).
CORPORATE LAW
TOPIC-FOREIGN DIRECT INVESTMENT
Q. What is a Foreign direct investment and what are its types?
In a broader sense Foreign direct investment includes- Mergers and Acquisitions, building new facilities, reinvesting profits earned from overseas operations but in a narrow sense it just means building new facilities.
FDI basically is a direct investment into business or production in a country by a company in another country, either by buying a company in another country or by expanding operations in the other country of a business which is already in existence.
FDI in India is primarily of the following types-
FDI can be made by persons resident outside India. According to the Government regulations and rules the FDI may come under automatic route(not requiring prior approval) or Government route(requiring approval).
Indian Kanoon – Foreign Direct Investments (Idea)
INTELLECTUAL PROPERTY ACT
Who can have a right to a patent?
67. (1) Subject to the provisions of section 68 the right
to a patent shall belong to the inventor.
(2) Where two or more persons have jointly made an
invention, the right to a patent shall belong to them jointly.
(3) If and to the extent to which two or more persons
have made the same invention independently of each other,
the person whose application has the earliest filling date or,
if priority is claimed, the earliest validly claimed priority
date, shall have the right to the patent, so long as that
application is not withdrawn, abandoned or rejected.
68. Where the essential element of the invention claimed
in a patent application or patent have been unlawfully derived
from an invention for which the right to the patent belongs
to another person, such other person may apply to the Court
for an order that the said patent application or patent be
assigned to him :
Provided that where, after a patent application has been
filed, the person to whom the right to the patent belongs
gives his consent to the filing of the said patent application,
such consent shall, for all purposes, be deemed to have been
effective from the date of filing of such application :
Provided also that the Court shall not entertain an
application for the assignment of a patent after the expiry of
a period of five years from the date of grant of the patent.
69. (1) In the absence of any provision to the contrary
in any contract of employment or for the execution of work,
the right to a patent for an invention made in the performance
of such contract of employment or in the execution of such
work shall be deemed to accrue to the employer, or the person
who commissioned the work, as the case may be :
Provided that where the invention acquires an economic
value much greater than the parties could reasonably have
foreseen at the time of entering the contract of employment
or for the execution of work, as the case may be, the inventor
shall be entitled to equitable remuneration which may be
fixed by the Court an application made to it in that behalf,
in the absence of an agreement between the parties.
(2) Where an employee whose contract of employment
does not require him to engage in any inventive activity,
makes in the field of activities of his employer, an invention
using data or means placed at his disposal by his employer,
the right to the patent for such invention shall be deemed to
accrue to the employer, in the absence of any provision to
the contrary in the contract of employment :
Provided that the employee shall be entitled to equitable
remuneration which, in the absence of agreement between
the parties, may be fixed by the Court, taking into account
his emoluments an application made to it in that behalf the
economic value of the invention and any benefit derived
from it by the employer.
(3) The rights conferred on the inventor under
subsections (1) and (2) shall not be restricted by contract.
70. (1) The inventor shall be named as such in the
patent, unless by a declaration in writing signed by him or
on his behalf and submitted to the Director-General, he
indicates his decision to forgo his name being included in
the patent.
(2) The provisions of subsection (1) shall not be
modified by the terms of any contract.
INTELLECTUAL PROPERTY RIGHTS ACT
TOPIC-Inventive Step
What are inventions and what is an inventive step?
65. An invention shall be considered as involving an
inventive step if, having regard to the prior art relevant to
the patent application claiming the invention, such inventive
step would not have been obvious to a person having ordinary
skill in the art.
Vishakha and Others v. State of Rajasthan
VISHAKHA and OTHERS v. STATE OF RAJASTHAN and others (1997) 6 SCC 241, AIR 1997 SC 3011, (1998) BHRC 261, (1997) 3 LRC 361, (1997) 2 CHRLD 202
REFRENCE DETAILS-
JURISDICTION: Supreme Court of India
DATE OF DECISION: 13 August 1997
FACTS OF THE CASE-
The litigation resulted from a brutal gang rape of a publicly employed social worker in a
village in Rajasthan during the course of her employment. The petitioners bringing the
action were various social activists and non-governmental organisations. The primary
basis of bringing such an action to the Supreme Court in India was to find suitable
methods for the realisation of the true concept of “gender equality” in the workplace for
women. In turn, the prevention of sexual harassment of women would be addressed by
applying the judicial process.
Under Article 32 of the Indian Constitution, an action was filed in order to establish the
enforcement of the fundamental rights relating to the women in the workplace. In
particular it sought to establish the enforcement of Articles 14, 15, 19(1)(g) and 21 of
the Constitution of India and Articles 11 and 24 of the Convention on the Elimination of
All Forms of Discrimination against Women.
LAW-
Constitution of India
• Article 14 (the right to equality)
• Article 15 (the right to non discrimination)
• Article 19(1)(g) (the right to practise one’s profession)
• Article 21 (the right to life)
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
• Article 11 ([State] takes all appropriate measures to eliminate discrimination against women in the field of employment)
• Article 24 ([State shall] undertake to adopt all necessary measures at the national level aimed at achieving the full realization)
DECISION-
In disposing of the writ petition with directions, it was held that:
“The fundamental right to carry on any occupation, trade or profession depends on the
availability of a ‘safe’ working environment. The right to life means life with dignity. The
primary responsibility for ensuring such safety and dignity through suitable legislation,
and the creation of a mechanism for its enforcement, belongs to the legislature and the
executive. When, however, instances of sexual harassment resulting in violations of Arts 14,
19 and 21 are brought under Art 32, effective redress requires that some guidelines for the
protection of these rights should be laid down to fill the legislative vacuum.” 2
In light of these deliberations, the Court outlined guidelines which were to be observed
in order to enforce the rights of gender equality and to prevent discrimination for
women in the workplace.
These guidelines included the responsibility upon the employer to prevent or deter the
commission of acts of sexual harassment and to apply the appropriate settlement and
resolutions and a definition of sexual harassment which includes unwelcome sexually
determined behaviour (whether directly or by implication) such as:
• physical contact and advances;
• a demand or request for sexual favours;
• sexually-coloured remarks;
• showing pornography;
• any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
Furthermore the guidelines set out that persons in charge of a workplace in the public
or private sector would be responsible for taking the appropriate steps to prevent
sexual harassment by taking the appropriate steps, including:
• The prohibition of sexual harassment should be published in the appropriate
ways and providing the appropriate penalties against the offender;
• For private employees, the guidelines should be included in the relevant
employment guidelines;
• Appropriate working conditions in order to provide environments for women
that are not hostile in order to establish reasonable grounds for discrimination;
• The employer should ensure the protection of potential petitioners against
victimisation or discrimination during potential proceedings;
• An appropriate complaints mechanism should be established in the workplace
with the appropriate redress mechanism;
• Where sexual harassment occurs as a result of an act or omission by any third
party or outsider, the employer and person-in-charge will take all steps
necessary and reasonable to assist the affected person in terms of support and
preventive action.
Finally, the court stated that the guidelines are to be treated as a declaration of law in
accordance with Article 141 of the Constitution until the enactment of appropriate
legislation and that the guidelines do not prejudice any rights available under the
Protection of Human Rights Act 1993.
TRANSFER OF PROPERTY ACT,1882
TOPIC-DOCTRINE OF PART PERFORMANCE-
INTRODUCTION-
Section 53A of the transfer of property act deals with the doctrine of part performance. The Doctrine of Part Performance had originated in England and was subsequently added to the transfer of property Act, 1882 via the Amendment Act of 1929. The doctrine is based on the principle of Equity.
EXPLANATION OF S.53A-
S.53A basically says that if suppose ‘A’ enters into a contract with ‘B’ and allows b to act according to or on behalf of the contract, then in such a case he, means ‘A’ creates an equity himself that cannot be resisted on the grounds that there was any absence of formality in the evidence or contract of such a transfer.
The general rule in law is that a contract of an immovable property valued over Rs.100 has to be registered under the Indian Registration Act but doctrine of part performance is an exception to this rule. This rule is relaxed in the case of doctrine of part performance as it is believed that strict compliance could lead to extreme hardship especially when the other party to the contract has already acted its part on the belief that the other party will honour the agreement.
Therefore, even if the contract has not been registered the transferor cannot still go against the transferee and can cause him no harm. However, its a must requirement that the deed must be signed and stamped.
MAIN CHARACTERSTICS OF DOCTRINE OF PART PERFORMANCE-
ILLUSTRATION-
Ram induces Hari to purchase his property. hari enters into the contact of sale of the property with Ram and pays Ram an advance of Rs.5 lakhs and takes the possession of the property. After some months hari is ready to pay the remaining amount to Ram but Ram refuses to accept the amount and asks hari to give back the plot to him.
Here Hari is ready to play his part of the contract but now Ram is not.
In such a case Hari can file a suit against a of Specific Performance from Ram.
CASE LAW-
SULLIVAN V. PORTER, 861 A.2d 625 (2004)
Facts of the Case-
Porter offered to sell his property to Sulivan and Andrews for $350,000 with a $20,000 down payment and Sullivan accepted orally. Porter said that he would have his attorney prepare his paperwork. Sullivan took the possession of the property in September 200 and began to improve the stable and trails. This continued til November 24, 2000 till porter arrived at the farm with a Real Estate Agent. Porter told Sullivan that another buyer was interested but told Sullivan that he would honour their agreement.
The next day Porter accepted a $3000 down payment from Sullivan. Sullivan and Andrews began improvements on the property, started their new buissness, began advertisements in the local newspapers and paid for an appraisal of the property. Poter regularly visited the property and received updates about the renovations but did not produce the paperwork necessary to complete the transaction. Porter then offered to sell the property for $450,000 with a $50,000 down payment.
Sullivan filed a suit for the breach of contract, promissory estoppels, and Specific Performance and Porter asserted the statute of frauds. Porter appealed the court’s judgement and award of specific performance in the favour of Sullivan.
ISSUE OF THE CASE-
What must a party show in order to invoke the doctrine of part performance?
HOLDING AND RULE-
To invoke the doctrine of part performance the party must clearly prove-
The Court held that the agreement encompassed the essential material terms for a contract to sell the farm. They identified the property, determined a purchase price, a down payment and the type of financing. Such conduct involves misrepresentations including misleading statements, conduct or silence that include detrimental reliance.
REMEDY- Specific Performance.
TRANSFER OF PROPERTY ACT,1882 – Indian Kanoon
The Law of Arbitration is enumerated in the arbitration and conciliation act, 1996. It extends to the whole of India except to the State of Jammu and Kashmir. It came into force on the 25th day of January 1996.
This Act provides for domestic arbitration, International commercial arbitration and also enforcement of foreign arbitral awards.
The Act consists of a Preamble. The Preamble proceeds as follows-
An Act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto.
PUBLIC INTREST LITIGATION
MEANING,IMPORTANCE AND SCOPE OF PUBLIC INTREST LITIGATION
MEANING AND IMPORTANCE OF PIL-
‘Public Intrest’ is an act which is beneficial to the general public.It means an action taken for the public purpose.
The expression ‘Public Intrest Litigation’ defines a legal action initiated in a Court of Law for the enforcement of public intrest in which the public has some intrest by which their Legal rights or Liabilities are affected.
It is a litigation which serves public intrest.It is a Litigation which redresses a wrong done to an individual, a number of people, perhaps millions.
For a Public Intrest Litigation to come in existence,four conditions are necessary-
IMPORTANCE OF PIL-
Public Intrest Litigation has been entertained by the Supreme Court under article 32 and by High Courts under article 226 of the Constitution of India not only by associations or by organisations but also from indiviuals intrested in a common cause.
In matters where the Legislature and Excecutives feel short of their rols, the PIL can be very useful.In matters relating to the unorganised people, environment or poor people, citizens who bring forward important social issues, PIL is very important. PIL also provides a platform for social justice.
SCOPE OF PIL-
The Scope of Public Intrest Litigation is to every section of society,whether:
INDIAN CONTRACT ACT 1872
MEANING AND DEFINITION OF CONTRACT UNDER THE INDIAN CONTRACT ACT 1872-
The definition of Contract is given under S.2(h) of the Indian Contract Act, which provides ‘a contract is an agreement enforceable by law’. Thus a contract is an agreement made between two or more parties which the law will enforce.
From the above definition it could be seen that the definition of contract consists two elements-
An agreement is defined u/s 2 (e) as ‘ every promise and every set of promises, forming consideration for each other. When a proposal is accepted it becomes a promise. Thus an agreement is an accepted proposal. Therefore, in order to form an agreement there must be a proposal or an offer by one party and its acceptance by other party. In short Agreement-Proposal + Acceptance.
The second part of the definition deals with enforceability by law. An agreement is enforceable u/s 10 if it is made by competent parties, out of their free consent and for lawful object and consideration. Therefore, a Contract = Agreement + Enforceability. Thus all contracts are agreements but all agreements are not necessarily contracts.
INDIAN CONTRACT ACT 1872
INTRODUCTION-
The Indian Contract Act, 1872 is an act which specifies and deals with the principles of the Law of Contract. This Act came into force from the 1st day od September, 1872. It extends to the whole of India except to the State of Jammu and Kashmir. The Act was passed by British India and is based on the principles of English Common Law.
This Act describes different stages in the formation of a contract, its performance, essential elements, breach of contract and remedies for the breach of contract. The Act deals with a number of limiting principles subject to which the parties to the contract may create certain rights or duties for themselves.
A Contract is an Agreement which is enforceable by Law. The agreement is always between two or more parties, but not less than two parties.
An agreement consists of promises between the two parties. For forming a Contract, an agreement must have the following elements-
CONSTITUTIONAL LAW OF INDIA
THE PREAMBLE-
The Preamble is considered to be the introduction of the Constitution of India.It describes and sets the goals and ideals which the makers of the Constitution intend to achieve through the Constitution. As the Preamble is an integral part of the Constitution of India , it is very important to understand and study the Preamble in detail to further understand the Constitutional Law.
The Preamble Says-
WE, the people of India, having solemnly resolved to constitute India into a Sovereign, Socialist, Democratic, Republic and to secure to its citizens:
Justice, social, economic and political;
Liberty of thought, expression, belief, faith and worship;
Equality of status and of opportunity;
And to promote among them all;
Fraternity, assuring the dignity of the individual, and the unity and the integrity of the Nation;
In our Constituent Assembly, this twenty-sixth day of November, 1949, do herby, Adopt, Enact and Give to ourselves this Constitution.
Explanation-
The very start of the Preamble is with ‘WE the people of India’.Why?
Because, the words ‘WE the people of India’ indicates the source from which the Constitution of India comes into existence which are the people of India.The ultimate Political power and sovereignty lies in the hands of the people. The sanction behind the Constitution is the will of the people.
Sovereignty states the independent authority of the State. It means that the State has the full right and power to legislate on any matter or subject and is not subjected to any kind of control of any other State or external power.
The term Secular denotes that the State does not favour or recognize any religion as a State religion, infact it treats all religion equally.
The term Democratic means that the government is by the people.Governments gets its authority from the will of the people.
Republic means that form of government in which the head of the state is an elected person rather than a hereditary monarch like King or Queen in Great Britain.
Justice social, political and economic-
Social justice-which means abolition of all kinds of inequalities whether of wealth, opportunity, sex , race, religion , residence, decent.
Political justice-means there shall be no distinction between man and women in political matters. Every citizen of India who attains the age of 18 years is entitled to vote.
Economic justice-means establishing economic democracy .i.e. equal pay for equal work. Equality in all aspects.
It means all people are going to be treated equally without any kind of discrimination’s between them of caste, sex, birth, religion, race. Right to Equality is also a Fundamental right.
Fraternity means a feeling, a spirit of common brotherhood. Equality amongst all the sections of society. A feeling that all the people of the country are children of the same soil, no one is different from the other.
THE CONSTITUTIONAL LAW OF INDIA
INTRODUCTION-
The Constitutional Law of India is the most important pillar amongst all the laws in India.The Constitution of India was adopted by the Constituent Assembly on 26th November 1949 and came into force on 26th January 1950.The Constitution of India is the longest written Constitution which contains 448 articles in 22 parts, 12 schedules and 118 amendments.
The Constitution declares India to be a sovereign, socialist, secular, democratic, republic assuring its citizens of justice, equality, and liberty and endeavours to promote fraternity amongst them. Dr.B.R Ambedkar is considered as the father of the Constitution of India.
Every year India celebrates the adoption of Indian Constitution on 26th January as Republic Day.
The Constitution provides for a parliamentary form of government in India. As per Article 79 of the Constitution of India, the Parliament of India consist of the President and two houses to be known as the Council of States (Rajya Sabha) and the House of People (Lok Sabha).
As per Article 74(1) of the Constitution there shall be a Council of Ministers headed by the Prime Minister to aid and advice the President, who shall excercise his functions according to the advice.The real Excecutive power is vested in the Council of Ministers with the Prime Minister as its head.
Constitutional Law of India – Indian Kanoon
INDIAN PENAL CODE 1860
INTRODUCTION–
The Indian Penal Code in its basic structure is a document that consist of the list of all the punishments and cases that a person who commits any kind of a crime is to be held liable and charged with.It covers any Indian citizen or a person of Indian origin. The exception to this document is that any kind of military or armed forces crimes cannot be charged on the basis of Indian Penal Code. They have a different dedicated list of laws and the Indian Penal Code cannot supersede any part of it
The Indian Penal Code IPC is the main criminal code of India.It extends to the whole of India except to the state of Jammu and Kashmir.The introductory draft of Indian Penal Code was formulated in the year 1860 and this was done under the supervision of the First Law Comission which was chaired by Lord Macaulay.
The first Penal Code came into existence in the year 1862 and since then number of amendements have been made in the code.It is a comprehensive code that intends to cover all the substantive aspects of criminal law.In the Jammu and Kashmir the Indian Penal Code is known as Ranbir Penal Code(RPC).
The total number of sections enumerated in the Indian Penal Code are five hundred eleven. Every section defines different category of crimes committed by persons of Indian origin.
Indian Penal Code 1860-Introduction – Indian Kanoon
THE LAW OF EVIDENCE
INDIAN EVIDENCE ACT 1872
INTRODUCTION OF THE ACT-
The Indian Evidence Act is the most important pillar amongst all the laws.
It has been enacted to reveal the object behind a particular act committed.Prior to the passing of the Indian Evidence Act the principles of English law of Evidence were practised in the presidency towns of India and followed by the Courts.In a Mofussil Area,Mohammedan Law of Evidence was followed for some time by the British Courts,however subsequentley various regulations which dealt with the principle of evidence,were passed for guiding the Mofussil Courts.
Prior to the advent of the Indian Evidence Act of 1872 there was no systematic enactment on the subject.The rules and regulations were not fixed and the law was vague.
The word ‘evidence’ is derived from the Latin word evidens or evidere,which means ‘to prove’, ‘to discover clearly’.
In 1868 Mr.(afterwards Sir Henry Sumner)Maine prepared a Draft Bill of Law of Evidence,but it was abandoned as its contents were not suitable for the country.In 1871 Mr.Stephen prepared a new draft which was passed and acknowledged as Act I of 1872.
OBJECTS OF THE INDIAN EVIDENCE ACT-
One of the main object of the Evidence Act is to prevent the inaccuracy in the admissibility of evidence and to introduce a more correct and uniform rule of practice.
The main principles which forms the foundation of Law of Evidence are-
The Indian Evidence Act is a procedural law because it is concerned with the mode of proving a particular fact,whether a particular offence has been committed by a particular person or not.
The Law of Evidence helps the judges to seprate wheat from chaff amongst the mass of facts that are brought before them.It helps to draw correct inferences from the circumstances mentioned during the hearing of the case and helps to deliver a judgement.
APPLICATION OF THE INDIAN EVIDENCE ACT-
S.1 of the act provides that the Indian Evidende Act is applicable to the whole of India except to the State of Jammu and Kashmir and applies to all judicial proceedings in or before any Court,including Courts martial.The Law of Evidence is not applicable to non-judicial proceedings.The Act applies to Court-martial conveyed under-
The Indian Evidence Act does not apply to affidavits presented to any Court or Officer,nor to the proceedings before an Arbitrator.The Arbitrators are not bound by the strict rules of evidence which are applicable to the Court of Law however,the Arbitrators are bound by the principles of natural justice.
DATE OF ENFORCEMENT OF THE ACT-
The provisions of this Act came into force from the first day of September 1872.
Consumer protection implies assurance against anti-consumer trade practices such as adulteration, overcharging etc. by producers or traders. The consumer seeks protection, advice and information when his rights are adversely affected.
In order to provide protection there is a change from “buyer beware” to “seller beware” and thus the role of government in protecting the rights of the consumer has changed and increased to a great extent.
In law of tort there is a maxim Ubi jus ibi remedium where there is a wrong there is a remedy. Thus, any consumer who suffers by the act of traders cannot remain without remedy. In most consumer cases, remedy is given under law of tort.
Under Consumer Protection Act it is given to establish consumer protection forums at state and central level to protect the consumers from the malpractices and hazardous acts. It acts as a platform to give the consumers right to be protected, a place of redressal of consumer grievances etc.
Department of consumer affairs under Ministry of consumer affairs food and public distribution is the nodal organization set up for the protection of above stated rights.
Under this act, there is a three tier quasi-judicial dispute redressal machinery set up at central, state and district levels for efficient and effective settlement of the disputes.
The three tier organ is the National Consumer Dispute Redressal Commission, State Consumer Dispute Redressal Commissions and District Forum.
Also the act establishes a consumer protection council at the central, state and district level. The consumer protection councils are set up to spread the awareness about the consumer rights among the general masses. It includes the Central Consumer Protection Council, State Consumer Protection Council and District Consumer Protection Council.
The Consumer Protection Council has been working tremendously in creating awareness at all three levels that is Centre, State and District level.
There is one basic thought that consumer needs to be protected. Another thought is how he can be protected? Definitely, there has to be some agency to work towards the protection. The Act has provided for constitution of consumer councils (at the central, state and district levels).
For this purpose, the S.6 of the Act has detailed six rights of consumers which need to be protected by the councils. These are:-
In order to ensure this right of redressal, the Act provides for the establishment of forums and it recognizes unfair and restrictive trade practices as a ground for making complaints.
Section 2(1) (d) of CPA defines a consumer as someone who buys goods or hires or avails any services by paying a consideration which may be either present, past or future consideration or a combination of them. It also states that a consumer is someone who is user of such goods and services and not someone who buys such goods by the approval of another person. It basically means an end user and not someone who buys goods to sell it further to the end user.
Section 2(1) (i) of CPA states that any movable property which is not money or actionable claim shall be considered as goods for the purpose of this Act. The definition provided by the Act in an inclusive one that lists the things that shall mean goods. The list only includes certain things along with many other things which have not been expressly excluded and fulfill the criterion of movable goods.
Section 2 (1) (o) of CPA states that service of any description provided to potential users/consumers shall mean service under the Act. It provides an inclusive list of acts that shall be considered service and an exclusive list that excludes service without consideration to mean service under the Act.
Section 2(1)(c) of CPA defines ‘Complaint’ as any allegation in writing made by a complainant regarding any of things stated therein like an unfair trade or restrictive trade been a adopted by any trader or service provider or one or more defect been identified by him in the good or services bought or agreed to be bought by him or that an excessive charge is being asked by a trader or price provider for the goods or for the services etc.
Section 2(1)(b) of CPA defines complainant as any of the following who makes a complaint as defined under S. 2(1)(c)-
A complaint can be filed on a plain paper by the complainant himself or his agent who may or may not be a lawyer and should contain-
Hence, it can be concluded that the Consumer Protection Act 1986 has proved to be a crucial weapon in the hands of the consumer to fight back the irregularities, problems, cheating etc. faced by them at the hands of the seller.
The consumer protection council has proved to be a good machinery to redress the grievances of the consumer and to create awareness among the masses. The government agencies especially the Consumer Protection Council has played vital role in empowering and making the consumer vigilant through educating them regarding their rights and responsibility.
Now it is also the responsibility of consumer to take precautions and make complaints if they find any kind of miscreants by the traders in the market.
Polluter pays principle is a policy of environmental law. It is framed for the protection of environment from pollution. The aim and objective behind this policy is to attain sustainable environment globally. Environment includes land, water and air. Pollution means contamination of all the substances which create environment.
Polluter pay principle is a recognized policy of environmental law which is effectively being followed in many countries of the world. In respect of India as the pollution is increasing day by day it is required to follow this principle more diligently. It has not been implemented properly due to many reasons. More guidelines need to be framed for such purpose.
