India Law eJournal最新文献

{"title":"Is 'Bandh' Constitutional or Unconstitutional in India?","authors":"S. Ali, Santanu Sen","doi":"10.2139/SSRN.2212917","DOIUrl":"https://doi.org/10.2139/SSRN.2212917","url":null,"abstract":"“Bandh” is a Hindi word which means “closed.” In India it has become a norm for political parties and organizations to call for 'Bandh's (shutdown) when they want to be heard. Political parties consider that it is their fundamental right to call public shutdown to exploit a political or a sensitive issue and to gain attention. It is a form of protest which is used by political parties in India. “Bandh” are powerful means for civil disobedience.In “Bandh” the affected are the general people. It disrupts the normal life of the general people. It causes loss to private property and injury to the health of general people. The main affected parties are the shopkeepers. The transport systems are also disturbed. It affects general people’s normal life. They can’t move freely as they wish. “Bandh” is unconstitutional as they interfere with our fundamental rights. Political parties and organizations forcibly close shops and halt public transport. People observe these protests on account of fear. Therefore, the success of any such protests cannot be attributed to public opinion as it may not have been observed voluntarily. The opinion of general people is not taken into the account.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130177143","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Why Do Firms in India Pay Dividend in Presence of Firm Level Dividend Distribution Tax ? - An Agency Theory Based Explanation.","authors":"Debabrata Datta, Santanu K. Ganguli, Manu Chaturvedi","doi":"10.2139/ssrn.2189366","DOIUrl":"https://doi.org/10.2139/ssrn.2189366","url":null,"abstract":"Purpose: The purpose of the study is to analyze motivation behind payment of cash dividend by the firms in India in presence of tax provision that discourages payment of dividend by imposing tax on firms at the time of distribution. Design/methodology/approach First, consistent with Jensen’s (1986) view, the paper presents a theoretical model that shows - dividend payout addresses agency problem of free cash flow and then, empirically highlights through event study and OLS regression - the impact of stock price reaction to dividend increase and decrease in respect of 352 announcements during 2006-10 of top 100 companies listed in Bombay stock exchange (BSE). Findings: As predicted by the model, empirical results show that despite adverse tax provision resulting in depletion of shareholder’ wealth upon dividend distribution - high payout announcement causes rise in valuation and low pay out has just an opposite impact for stable, profitable, mature and high value firms that hardly need ‘dividend signaling’ to address information asymmetry problem as to their worth. Despite tax disadvantage, investors prefer and value dividend as it mitigates agency problem of retention. The finding is consistent with ‘life cycle theory’s prediction of high pay out by large and profitable firms. Practical Implication: The corporate managers of India, oblivious of the hidden agency cost associated with high retention, are conservative in setting their dividend policy, perhaps attributable to dividend tax – a direct cost of distribution. The findings of the study may encourage the CFOs and finance executives to have a relook at their existing dividend policy. At macro level as well, the fiscal policy makers should revisit the dividend distribution tax in its present form because of its potential of inefficient build up and use of resources through retention at firm level. Originality/ value: The findings of the study enrich the literature on agency theory and dividend policy formulation at micro level and to an extent public finance at macro level as well.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123186439","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Negotiating Out of Holdouts in Land Aggregation in India: Small Town Lawyers, Contingent Contracts, Social Norms, and Auctions","authors":"Pavan Mamidi","doi":"10.2139/ssrn.2344239","DOIUrl":"https://doi.org/10.2139/ssrn.2344239","url":null,"abstract":"This a paper about the role of lawyers in small towns in India as the intermediary agents of large corporations. They help resolve disputes among farmers with small land holdings and also negotiate with them to purchase and aggregate a valuable asset i.e., land, for these corporations to expand their operations to serve foreign markets or domestic markets that have grown since 1991. Without these small-town lawyers, infrastructure and multinational corporations would likely rely on the government to aggregate small parcels by exercising eminent domain with low “just” compensation, and then face political problems and higher long-run costs. In fact, it is safe to say that without these small-town lawyers, many corporations (including the likes of Infosys, Satyam, GMR, and GVK) would not have amassed and managed their land-banks which are the most valuable assets on their balance sheets. These small town lawyers leverage contingent contracts, and pressures of social norms, social exclusion, and coalition building in their aggregation efforts. There is evidence to show that they are able to offer integrative negotiation solutions to small landowners, thereby producing lesser resentment among them. They are also able to network with small town lawyers in rival locations of aggregation and create competitive auction markets to exert a downward pressure on reservation prices of small landowners.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129586609","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"‘Jaitapur Nuclear Power Project – Is the Promise of the Largest Nuclear Power Generating Station in the World, Overshadowing Public Safety and Environmental Concerns?’","authors":"Akshay Saxena","doi":"10.2139/ssrn.2168160","DOIUrl":"https://doi.org/10.2139/ssrn.2168160","url":null,"abstract":"Debate about the nuclear power project at Jaitapur is ongoing on various levels. Environmental effects and geographical issues have been raised by anti-nuclear activists. Geologists are of the view that Jaitapur is a seismic time bomb and also raised various issues regarding the safety of the public and the environment.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"165 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114636163","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Labour Problems and Policy","authors":"S. Tiwari","doi":"10.2139/SSRN.2136417","DOIUrl":"https://doi.org/10.2139/SSRN.2136417","url":null,"abstract":"This paper deals with the current labour problems in India and the policies by the government to curb these Issues.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"13 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120840075","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Environment Sustainability Initiatives in Indian Business Schools","authors":"Neeraj Singhal","doi":"10.2139/ssrn.2119189","DOIUrl":"https://doi.org/10.2139/ssrn.2119189","url":null,"abstract":"Purpose: The purpose of this study is to compare and analyze the current status of Indian private and public business schools toward integrating environment sustainability. Design/methodology/approach: The extensive primary research is conducted through structured and validated questionnaire. The questionnaire divided in to five sections focusing on institutions contribution towards sustainability in terms of creating awareness, curriculum, industry interface, research and development, infrastructure. Findings: The finding of this survey highlights the importance of sustainability issues in various aspects in B-school. Which shows that faculty, students, corporate and administration interest are slowly moving with the business curriculum, faculty development and research, management development program. B-school is incorporating core and elective courses to bridge a gap between corporate culture on corporate social responsibility and B-school curriculum. Research Limitations/implications: The study conducted during July 2010 to June 2011 (as per the Indian academic calendar) across 20 public and private Indian B-schools. Practical implications: Keeping in view the global progress towards sustainability business education this study will create awareness among Indian business schools. The study will also help them to streamline their contribution towards society though sustainability by creating awareness, curriculum, industry interface, research, and infrastructure. Social implications: Social perspective is the main agenda of sustainability so this study will not only useful for business schools but also for corporate, society. Originality/value: The global business schools and researchers are extensively working on sustainability and education, but Indian scenario is quite different in terms of research contribution and sustainable initiatives. This work is an effort to fill the gap between the two.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128889054","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Can Females Teach better than Males? Teaching Aptitude of Teacher Trainees: A Correlational Study with Age, Previous Qualification, and Academic Achievement (India)","authors":"D. Chugh","doi":"10.2139/ssrn.2116613","DOIUrl":"https://doi.org/10.2139/ssrn.2116613","url":null,"abstract":"This study examined the teaching aptitude of future teachers of Haryana. The study samples consisted of teacher trainees pursuing the Diploma in Education in District Institute of Education and Training, Gurgaon (N-174) and Government Elementary Teacher Training Institute, Mewat (N-101). The samples were representative of the students who will teach in 12 other districts. The Teaching Aptitude Test Battery developed by Singh and Sharma (2011) was administered and teaching aptitude was found to be average, even though students scored significantly low on mental ability and adaptability components of the test. On correlating percentage in boards, on the basis of which students are granted admission in the institute, with teaching aptitude as well as with mental ability, a positive but weak correlation was found in both cases. No significant correlation was found between previous educational qualifications and teaching aptitude, as well as between age and teaching aptitude, although adaptability positively and significantly correlated with age. Further, contrary to many of the previous studies, no statistically significant difference was found in the teaching aptitudes of male and female student teacher trainees, though the females’ mean was higher than that for males.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"288 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133566655","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Bajaj Auto Ltd. vs. T.V.S. Motor Company Ltd. - A Case Study","authors":"Anoop S. Kumar","doi":"10.2139/SSRN.2184655","DOIUrl":"https://doi.org/10.2139/SSRN.2184655","url":null,"abstract":"The case of Bajaj vs. TVS Motors involves the controversy regarding the unauthorized application of the patent of the DTSi. The case is very crucial regarding not only the financial stakes of the parties but also regarding the application of the doctrine of pith and marrow. The paper deals with the case study of the same, involving the facts, contentions, judgment and its analysis.This is one of the few patent cases in India that have been decided keeping in view the Doctrine of Equivalents, which is also termed as the doctrine of pith and marrow. Above all, the principles involved in arriving at the decision is also crucial.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"162 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133189644","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"External Asset-Liability Position: An Emerging Facet of India's Investment Abroad","authors":"R. Prusty, Jayesh J. Tanna, Litty Denis","doi":"10.2139/SSRN.2334048","DOIUrl":"https://doi.org/10.2139/SSRN.2334048","url":null,"abstract":"It is an established fact that the ability of internationalization of all economy is largely dependent on its investment links with the rest of the world - both inward and outward. While inward investment plays a critical role in bridging the gap between the amount of investment targeted by the country and the domestic availability of funds, outward investment signifies the strength of the country to take investment abroad for building up economic gain along with claiming a stronger international positioning. Though India as a fast developing country has undoubtedly marked her presence in the international economic arena on both the fronts yet much of the researcher's attention is still found concentrated on the study of the country's inward investment. The present paper, as a break away from the normal approach, makes an attempt to study the asset­ liability status of India's investment abroad. With the help of the data collected from the online source of Reserve Bank of India the paper tries to examine the trend of assets, liabilities and the net of the two due to India's international investment during 2003-10. Based on the policy backdrop relating to outward investment of India, the paper concludes by suggesting meaningful modifications and amendments of the critical government policies for building up more assets than liabilities from international investment with a view to at least minimizing the negative gap.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114922509","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Whether Abundant Contractual Power to Executive is Hindrance in Attainment of Welfare State – Critical Analysis","authors":"Vinay Kumar","doi":"10.2139/SSRN.2045234","DOIUrl":"https://doi.org/10.2139/SSRN.2045234","url":null,"abstract":"State responsibilities have changed with the passage of time. It is nowhere near a “laissez faire” economy that used to exist early era, where there was less intervention of sovereign in economic activities. Now the concept of welfare state exists in the modern society. Constitution of India, under directive principle of state policy, has rightly inclined the burden on state to engage itself in the welfare of society. So in this regards government has to either engage itself to accomplish activities; or enter into contract with private individuals to allocate its work, towards fulfilling its objective of establishing welfare state. Contact entered by and for the purpose of state is different from contract obligation entered into by the private parties. This paper duly focuses on the procedural irregularities present in the government machinery. Massive corruption is prevalent in the government mechanism, which is acting as a hindrance in establishing our country into “A welfare state”. Whether this objective welfare state is an unattainable goal? A big question mark on the face of Indian democracy. In wake to all arising questions measures for controlling arbitrariness, favoritism and Discrimination in Governmental Contracts has also been prescribed in this research.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131022913","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}