This brief academic note has been prepared as background reading material for prior study by course participants at PACT-2013 at the IACA, which the author is scheduled to address on September 25, 2013. It traces certain recent legal and regulatory developments relating to public procurement...

This article grapples with the causes of India's microfinance crisis. By contrasting Bangladesh's highly successful Grameen model with the allegedly “universalizable” version of India's SKS Microfinance (which precipitated the crisis), trust or social capital is isolated — not just...

India is one of the largest e-Commerce markets, which is expanding with an unprecedented pace. With the increase in the volume and consumer base for the e-Commerce markets there should be a corresponding development of a legal framework which should able to efficiently regulate its functioning...

Section 31(8) of the Arbitration and Conciliation Act, 1996 as originally enacted dealt with costs in arbitration. The evolution of the law on the subject led to dissatisfaction. After numerous calls for reforms, the Law Commission of India in its 246th Report sought overhaul of the existing law...

A large number of railway mega-projects are planned or are under implementation for capacity augmentation, for serving the needs of trade, specific regions or industry sectors. Since transport capacity is one of the main levers of economic progress, it is essential that augmentation of transport...

This paper has adopted the exploratory case study method of analyzing a few recent cases of public procurement irregularities on Indian Railways documented by the vigilance departments and the CAG available in public domain to inquire into the following issues: (a) how do irregularities and...

In the modern era, the concept of practicing one's trade, profession or business has evolved a long way compared to how it was perceived in the yester years. The law has also as a matter of public policy opposed any interference with respect to an individual's freedom of entering into contracts...

This collection consists of 21 moot court problems drafted and used since 2005 either for selection rounds in an Indian law school or for national moot court competitions. The subject matter of the these moot court problems relates to corporate and commercial laws in India, but usually with a...

This short academic paper explores the rapidly changing legal position in India on contract extension to an incumbent contractor in an existing government contract, vis-à-vis the exercise of competing options by public contracting officials in terms of open re-bidding with or without a price...

The doctrine of "Pacta Sunt Servanda" revolves around the necessity of ensuring that reliable promises are made; and that any defaults by either party are properly evaluated and addressed during adjudication of contractual disputes. As an international best practice, this doctrine is always applied...