Quick Reference Guide: Arbitration, Conciliation and Mediation

Quick Reference Guide: Arbitration, Conciliation and Mediation

In pursuit of globalisation, India responded positively by opening up its economy. Along with the benefits promised it has also brought lot of issues. As we know the major concern of law is conflict resolution. Traditional justice delivery system through adjudication by courts had already given way to a large extent of alternative mode of dispute resolution in the common law countries. Study of alternative dispute resolution is highly significant in moulding the students of law to act as soldiers of justice in the ever changing socio-economic scenario. This book aims to give the reader an insight into the processes of arbitration, conciliation and mediation in areas where the traditional judicial system had its sway in the past and in the new areas of conflicts that demand resolution by alternative methods.

About the Book

A quick reference cum revision book, mapped to the syllabus of all universities, focusing on quick conceptual clarity on “Arbitration, Conciliation and Mediation”. It follows a uniform Questions and Answers format which not only helps students to understand a concept quickly but also provides a tool for aiding in last minute rapid revisions.

Author(s) :  Vishnu S Warrier
Publisher: Lexis Nexis
ISBN :  9789351433781
Year :  2015
Format :  Soft Cover
Edition :  1st Edition
Price :  INR 180.00 / US$ 9

Law Relating to Electronic Contracts by Dr. R.K Singh

Vishnu Chandran, II year LLM Student, School of Legal Studies, CUSAT

dr-rk-singh-law-relating-to-electronic-contract-pb-400x400-imadsxbq4peprafrThe technological changes are boon for mankind and the internet has changed the life of people altogether. Almost everyone is accustomed to the virtual world and accesses the same. The new communication systems have replaced the traditional snail – pace systems of communication. Business communities and consumers are all the time using computers more and more to transmit and restore information in electronic form. Consequently there has been a shift from’ paper based transactions’ to ‘electronic transactions’ and eventually the concept of electronic contracts (e-contracts) came into existence.

An Electronic Contract is computerized facilitation or mechanization of a contract in a cross-organizational business progression. In simple terms, an Electronic Contract means a contract made electronically, i.e. which is entered into using electronic mode, either fully or partially. Theoretically an Electronic Contract is very similar to traditional paper based contract. However owing to the ways in which the e-commerce differs from traditional commerce raises some novel and interesting legal and technical issues. This demands some literary work in the area of e-contracts and such efforts to bring forth all those facets together have been made in the book under review. The author has ‘constructed’ this book based on his Ph.D thesis with modifications. The Book consists of Seven chapters and Five appendices.

Elucidation of any legal concept envisages an attempt to lay down in simple terms in its definition, meaning, nature and scope. History and classification of the concept and it’s inter link with others would also be an inevitable part in understanding the notion in its proper perspective. In the first two chapters, the author in his class room linguistic style briefly but vividly portrayed all these.

The contract law was founded on the principle that individuals are the bearers of rights and they bargain each other to get into agreements to exchange goods and services. Contracts in all systems of law are founded on this premise. A contract is a civil obligation, however all obligations are not contracts. Contract law does not cover whole range of civil obligations; it confines itself to the enforcement of voluntarily created civil obligations. Traditionally, an offer and its valid acceptance are needed in order to from a contract. However if the offerors’ actions imply that he does not intend to be bound automatically upon acceptance and he makes no offer, rather he makes only an invitation to treat, because his actions suggest that further he makes only an invitation treat, then the offeror is not legally bound. In many day to day situations it is unclear whether and if so, at what stage party intends to become legally bound. The author also gives a vivid description on different aspects needed for formation of valid contracts. However it could have been more attractive and useful if the author encompassed some more detailed discussion about diverse types of remedies available in the event of breach of contract.

The Third chapter exclusively deals with the ‘Formation of electronic contracts’. In fact this chapter can said to be the soul of the book. Author has discussed each and every aspects of Electronic Contract formation and has given some suggestions too. It further discusses and analyses some  important English and Indian Judgments such as Entores v Miles Far East Corp (([1955]2 QB 327 (CA).))and BhagwandasGoverdhandasKedia V M/s Girdharilal Parshottamdas & Co. ((1966 AIR 543))The author then turns the discussion by asking three questions, when was the contract concluded, what are the terms of the contract, and where is the contract governed. The author was of the opinion that the conventional offer and acceptance rules are likely to prove sufficiently flexible to accommodate these new forms of communication without much complexity.

Chapter IV discusses about ‘recognition and validity of electronic contracts’. The author also gives an outlook about international as well domestic efforts that have been made for giving recognition to electronic contracts. The chapter includes the text of UNCITRAL model laws. There is also brief discussion of laws on electronic contracts incorporated in United States, the European Union and Common law countries. The author has also dealt with relevant provisions relating to Electronic Contract under the IT Act 2000 and the Indian Evidence act 1872.

Further in Chapter V the author has discussed certain judicial decisions relating to recognition and validity of Electronic Contract. The P R Transport Agency v Union OF India discussed by author was on the issue of civil jurisdiction of court in a suit relating to performance of contract made through e – mail. The case of Trimex International Fze Limited, Dubai v Vedanta Aluminium Ltd wherein court recognized the formation of electronic contract through the exchange of e-mails. Further the English and US cases on Click Wrap Contracts and Shrink – Wrap Contracts have also been discoursed. The author has suggested that the legislature should come with a pool proof piece of legislation so as to pace with the advanced technology in every sphere and to maintain the spirit of a contract.

In the continuing chapters the  facets of jurisdictional and enforcement of Electronic Contract  and relatively new issues such as what substantive rules will govern the issues relating to assent in Electronic Contract and issue pertaining to negotiable transfer documents that are paperless are also analyzed in an exhaustive manner. The five appendices in this book include;

  1. Selected provisions of the Indian Contract Act,
  2. Provisions of the UNCITRAL Model Law on Electronic commerce 1996,
  3. Selected provisions of the IT Act 2000,
  4. Selected provisions of the Indian Evidence Act 1872, and,
  5. Sample Click – Wrap Agreements.

Out of the 384 pages of the book, 82 pages have been used for Appendices and Bibliography.

There is a drought of literary work on the above subject and the author has to be complimented as he has tried to cover almost all aspects related to Electronic Contract. The cover is attractive and printing is good.  Rearranging the chapters could make the work easily comprehendible. Detailed contents, table of cases and bibliography given in the book enrich its value and usefulness considerably. In spite of the fact that the book is slightly overvalued the book shall be useful not only to academician and students but also to an ordinary person who wants to know the principle, philosophy and stipulations for electronic contracts because of its easy to understand language and case law. The book will attract wide readership by those interested in the area of electronic contracts.

Title – Law Relating to Electronic Contracts

Author – Dr. R.K Singh

Publisher – LexisNexis

Edition – First Edition, 2014

ISBN: 978-93-5143-057-5

Pages – 384

Price – Rs.695 /-

An Introduction to Rights by William A Edmundson

Cyriac Tom, IInd Year, LLM, School of Legal Studies, Cochin University of Science and Technology, Cochin.  

The idea of rights is of great importance to the modern society. Especially since, the modern world has become much smaller owing to technological advancements. This has led to an explosion of communication between people and this exchange of ideas has resulted in the claim for rights throughout the world. Many new rights are being formed which were not in existence before and many States have introduced new rights to the people. The question as to the nature of rights and its scope becomes all the more important. Thus it is imperative to have a definite idea as to the study of rights. Further, to a student of law, the philosophical aspect is one of the most important subjects in law. For providing a clear vision to those around him it’s imperative he has clarity over the subject. One of the difficulties that a student faces is the enormous literature regarding the study of rights. Some of these literatures do not provide a clear picture, while others are too complex for a beginner.

William A Edmundson’s book titled “An Introduction to Rights”, published by Cambridge University Press, provides one of the best initial perspectives towards the study of rights. The book is a part of a series published by Cambridge as an introduction towards law and philosophy. The second edition has been published in 2012.

One of the initial attractions to the book is that it starts with the basic set of question that begets a beginner of philosophy. The author ponders over the aspects as to right as a Western Invention and the presence of societies devoid of rights. Thus the study of rights correctly begins with a set of questions as to How, What and Where. It should be stated here that Edmundson did not refrain from just exposition of various juristic perspectives but rather provided his own perspective to the front. His comparison of religious tolerance and rights is one of such instances which make the reader think further.

Throughout the Book, Edmundson does two separate analyses to the concept of right, vertical and horizontal. On a Vertical plane, he divides the period of rights into two, The First Expansionary Era and The Second Expansionary Era. The First Expansionary Era more or less starts with growth of State power to that of Church and ends with the American and French revolution. The Second Expansionary Era starts with the Universal Declaration of Human Rights and the Era has not ended till now. On a Horizontal Plane, the book starts with a historical perspective as to rights. The author deals with various theorists according to each Era and the evolution of rights with the passage of time.

Edmundson deals with different jurists, he starts of his exploration with Grotius. According to Edmundson, Grotius never saw rights as limits on the Sovereign, although his grounds of rights were in Natural Law. The book then deals with authors of the first expansionary era such as Hobbes, Edmund Burke etc. In the second expansionary era the author confronts the relationship between rights and justice, in light of Rawls Theory.

As stated earlier, apart from providing an explanation the author also brings his perspective to the table. Although it should be stated that, the reader may not agree with the entire supposition of the author, it does certainly help the reader in having an inquisitive read. One of such instance is the Edmundson insistence about moral rights and recognition. One of the drawbacks of the book is the fact that the author does not take some of the debates further. Thus it may be shown as one of the drawbacks of the book that the author rightly evokes interest but fails to answer in some areas of the book. For example with regard to slavery the author gives the different perception of the Dominican and the Franciscan churches. Although the debate goes further it fails to provide the reader an exposition of the final perspective. But then again for a study aimed primarily to undergraduate students, a further inquisition would have made it slow to digest.

The author also discusses, another interesting aspect, the nature of legal rights with the interest and choice theory. According to interest theory, the use of a right is to promote the interests of the holder, while the choice theory proposes that the use of a right is to provide a choice to the holder. Edmundson has thus provided a compilation of various perspectives of rights, on one part he discusses the different stages of right from the Grotius and Burke and Hohfeld and on another the different aspects of right and finally ending with the future of rights.

It would have been better, if the author had provided an answer to all his presented at the beginning of the book. He fails at various stages in providing an answer, but then again this book is a must read for a beginner. The clarity and the command, of the author, over the subject are clearly visible. Any undergraduate or post graduate student should not miss this book; it should also be made a part of the curriculum. The central argument against the book, if I may summarise, is the fact that it leaves me with the burden for a further study. As such the book is titled well, it is only an introduction.

 Title – An Introduction to rights

Author – William A Edmundson

Publisher – Cambridge University Press (Introduction to Law and Philosophy Series)

Edition – 2nd Edn, 2012 Rev ed

ISBN-13 9781107648197

ISBN-10 110764819X

Binding – Paperback

Number of Pages – 184 Pages

Price – Rs. 2093/-

Sports Law by Anujaya Krishna

Diljith Manohar, II year LLM student, School of Legal Studies, CUSAT

jpegThe idea ‘Sports’ has evolved from being a mere recreational activity to a multi-billion industry. Indian scenario is no different, especially in the field of cricket which is considered a religion rather than a sport there has always been tremendous development.Sports events with massive investments, such as Indian Premier League (IPL), Formula One Championship at Buddha Circuit, Twenty 20, Indian Cricket league etc.  demands the intervention of law at different stages. In ‘Sports Law’ by Anujaya Krishna, the author identifies certain areas of sports where legal issues arise such as competition law, regulation of sports governing bodies, Sports injuries – issues, liability, health and safety issues – discrimination, working with children, intellectual property issues, broadcast rights, arbitration of issues in sports, harassment in sports, organisational matters etc.

Viewedfrom an Indian perspective, sports law is a concept still at its inception with very few authoritative works and academic discussions undertaken on it. The author,Anujaya Krishna, who herself is a sports enthusiast, had taken up sports law as the area to work on for her BA LLB dissertation program which later resulted in this book. The brave attempt to work on a concept which still awaits universal recognition as an independent branch of law, makes this book worth reviewed. Divided into five chapters, the book takes you into the subject in a logical sequence, educating you right from the basics. The bookwhich is easily comprehensible even to those untrained in law is a ready reckoner for this relatively new area of research.

Is there a need to deal sports law as an independent stream of law? What are the consequence when general legal principles are applied in sports situations? – Only peripheral discussion of these questions is done in Part II of chapter two. An in-depth dissection of the topic, laying a philosophical foundation, establishing the proper amalgamation of law into sports is desirable in this book. But the book serves good for the primary understanding of the various views insports law – Traditional/Orthodox view, Moderate Position and Radical Approach. Traditional view maintains that the term “sports law” is a misnomer and it is nothing but application of general laws into sports situations. Moderate view acknowledges the increased acceptance of sports law as a separate corpus of law but yet going through a phase of transformation. The radical school argues for the recognition of sports law as a new legal area while they admit that doctrinal overlap is inevitable phenomenon in every sphere of law.

Chapter three which deals with International and Indian perspective of sports law,had a wider scope for discussion but was restricted to mere enumeration of relevant provisions of international documents and Indian Law. The objective of first three chapters seems to be to give an insight into the topic as a prelude to the discussion of National Sports development Bill, 2011 in Chapter four.Core area of discussion in this book mainly revolves around the need for comprehensive sports legislations in India and a critical analysis of The National sports development Bill, 2011. This forms the Fourth chapter of the book which is divided into three parts that deals with preliminary features of the bill, major drawbacks of the Bill and Arguments against the bill respectively. This chapter traces the development of bill and its current status elaborating on every key areas that the bill propose to address such as eradication of doping, age-fraud and sexual harassment etc. The bill which is expect to fill the lacuna in sports law failed to address some core issues like  match fixing and infrastructure of sports academy.

It is evident from the writing that the author had undertaken an empirical study on the subject and made her analysis in the light of such study.Relevant legal provisions relating to sports in different laws are provided in the annexure for easy reference. This book being one of the few works in India on this area, is recommended for everyone who wants to get introduced to the concept of sports law, especially in Indian perspective.

Title – Sports Law

Author – Anujaya Krishna

Published by – Universal Law Publishing Co. Pvt. Ltd. 2014

ISBN-13 9789350354384

ISBN-10 9350354381

Courting Injustice the Nirbhaya Case and its Aftermath, Rajesh Talwar


Anisha D’Cruz, II year LLM student, School of Legal Studies, CUSAT

jpgIn a society where a rape victim is raped hundred times by the ephemeral social stigma and media Nirbhaya like Mathura was fortunate enough at least to create her martyrdom into A Box news and a substantive relief at least to her aftermaths. Rajesh Talwar through his book reminds us the very fact that a victim of sexual cannibalism courts injustice at every stage and discusses the changes that this case has bought on the Indian Penal system .

Inclusion of an abstract of the voluminous Verma Committee report and its consequences into the chapterisation of the book  takes the discussion to the postulates which culminated in the Criminal Law amendment Act 2013 and which have bought relief to victims of smaller crimes like stalking ,voyeurism ….inter alia .He also brings to light the 10 percentof the report that was swallowed into the gallows of darkness(like the role of victims in sentencing and the possibility to file a victim impact statement).   Even the common man who is not well researched in law comes to know of these possibilities and its application elsewhere in the World.

A discussion of the Protection of children against sexual atrocities Act 2012 and the gender neutrality with regard to victim would surely be a new bit of info to many who are not learned in law. The child friendliness with regard recording of evidence and the privilege of non -confrontation with accused would surely motivate a common reader to confront the courts if ever they come across such an incident in life. Thereby the book anhilates the lacunae in cases of similar nature coming before court

The picturisation of the Nirbhaya incident is with such good  an editorial knife and eye that the reader could picturise the plight of the victim and the trial procedures . Though media has given an outlook on the issue, the book provides a perfect compilation under the same roof .

He gives rebirth to Priyadarsini Matoo in our minds when he reminds us that delayed justice is justice denied. Reminding  us of  the fact that power corrupts and absolute power corrupts absolutely he sites  examples of judges  who are supposed to represent the goddess of justice themselves manipulating the truth .

By depicting Nirbahya he has shown how  daughters of mother India is raped and though laws exist why they fail in getting justice .The theme of the book like the title is sensational with a lot of sensitivity and the language is simple and worth rumination with the authors perspective

Publisher                        Hay House Publication

Publication Year           2013 October

ISBN-13                           9789381398494

ISBN-10                           9381398496

Language                        English

Edition                             First Edition

Binding                            Paperback

Number of Pages         264 Pages

Adjudication in Trial Courts, LexisNexis

Mithu MP Dharan, Final Year Student, National University of Advanced Legal Studies, Kerala

Title   : ADJUDICATION IN TRIAL COURTS- A BENCHBOOK FOR JUDICIAL OFFICERS

Authors : N R Madhava Menon, David Annoussamy, D K Sampath

41uMtvI+N0LThough judiciary does not have power of purse nor power of sword, neither money nor patronage nor even physical force to enforce its decisions, it is seen as an institution of high prestige and has received much respect from people as stated by the Law Commission in its 77th report ((Law Commission of India, 77th Report, Delay and Arrears in Trial Courts)). It has received laurels for delivering many prominent judgments that has improved the conditions of life for a number of groups and individuals. However the faith of the people in the institution should be kept alive and the duty primarily rests with the judicial officers themselves. In the pyramid of hierarchy of courts, one finds the trial courts occupying the lower position. This can in no way lead to the conclusion that they are unimportant. In fact, on evaluation as regards the importance of the role of different functionaries who play part in the administration of justice, the top position will have to be necessarily assigned to the trial court judges; for his image is the one, the common man views as the image of the judiciary in whole; for he is the one the general public comes in contact with, whether as parties or as witnesses. In India, the present system of administration of justice is of alien origin which when combined with the long and dilatory procedures have resulted in judicial officers facing many impediments including huge amount of delay and pendency of cases, accessibility, impact of legislations, procedural pitfalls.

For efficient discharge of the responsibilities assigned to the judicial officers, it is essential that there be self-study material or a complete reference to aid and assist them and also it is essential that there be a training manual for the future judges. For this purpose, Dr. N R Madhava Menon, Mr. David Annoussamy and Mr. D K Sampath, the veterans in this field of knowledge, have penned this book- Adjudication in Trial Courts- A Benchbook for Judicial Officers. This book by the leaders of thought is divided into four parts- 1. Foundational principles and concepts, 2. Making of a Civil Judge: Some Constructive Thoughts, 3. Adjudication in Criminal Courts, and 4. Special Courts; first part being authored by Dr. N R Madhava Menon, second part by D K Sampath, and third and fourth parts by David Annoussamy.

Part One of the book is a must-read section for every trainee in this field for it covers every aspect of the slow and gradual transition of a trainee to a fully experienced judge. The author has carefully penned down all the fundamental and basic concepts that has to be understood by future judges, the challenges they might face in their path and even has suggested strategies to overcome such challenges. Being an expertise as a legal instructor and judicial trainer, the author has called for social context adjudication. The author rightly points out that the cultural diversity of our country has resulted in forming strong prejudices and in stereotyping and stigmatizing people. He has clearly identified various areas, thus warning the future lawyers to avoid those by a strong commitment to deliver justice. The part also covers how to make an assessment of judicial performance which according to the author should not be assessed in terms of number of cases disposed, but in terms of knowledge possessed and skill applied. Part one ends with the chapter “Judging the Judges” which throws light upon observance of the ethical standards by the judges and their obligation of accountability.

Part Two of the book narrows the scope of the title to shaping up of a civil judge. However, a clear reading of this part would suggest its applicability, except a few procedural aspects, to every field of law. While dealing with the aspect of work environment of judge, the author has covered all primary sections such as the judiciary, the bar, the deprived and the community at large. It is notable that the study of role and responsibilities of the judge as to fact finding role of the subordinate judge has been substantiated with the various checks and balances. Different constraints of office of a trial judge and the way of risk management have been dealt in detail. Of particular interest is the chapter dealing with the role of judge in a pluralist democracy wherein author refers to even ‘Judge’s Disease’ as propounded by Lord Chancellor Hailsham in “The Door Wherein I Went”.

Part Three of the book aims at tracing all the principles and procedures of criminal justice administration. There has been a simple yet detailed account of all aspects which a criminal court judge ought to know, tracing from historical evolution of criminal justice system, to the present state of affairs. The part proves truthful to the aim of the author as being a training manual for future judges as it encompasses within its ambit every task as may be assigned to him, highlighting relevant provisions from various legislations and substantiating it with judgments. An additional feature is that the part contains a chapter on ‘Judgment’, which the author calls at its best as the final act of trial drama. This chapter is useful in the current scenario keeping in mind the lengthy judgments delivered by different courts for which the author even creates a motto as “Not a word more, Not a word less.”

Part Four, running to only 50 pages, tries to cover areas of dispute settlement by the Consumer Dispute Redressal Agencies, by the Family Courts and by the Labour Disputes Adjudication Agencies. Though extensive detailing of the various aspects remains wanting in this part, the author has very carefully and cleverly touched upon all areas of relevance for the future judges and thereby giving it the potential required as a quick reference for dispute settlement procedures in such courts. An area well made out is the procedural aspects to be followed by the labour disputes adjudication agencies wherein the author has even prescribed for an approach to be followed in such disputes, described the powers of adjudicating bodies and have included reliefs and remedies for such disputes.

At the surface level, legal books in this area of expertise is scarce, a factor which increases the importance of this book. This book contains not only the legal education required for the future judges but also emphasizes much on their moral obligation. However, the book being written from the authors’ perceptions should not be confused as the code of conduct for the trainees as warned under the preface of the book. It can be read only as an excellent introduction to the various tasks ahead of a trainee in a judicial program as the objective of the book being simple has not gone into the complexities.

In summary, the stated aims of the authors are well achieved both in content, organization and the logical approach taken to teach the subject or rather, to express their views on the same. The biggest gain achieved after reading this book would definitely be the ability to think and analyse critically each facts that might come before judicial officers without any prejudices. Also, the price being reasonable sets the bench mark for affordability. One will rarely come across such a functionally useful, informative and well researched book on this topic in India and that too from the legal veterans.This book will surely be useful not only for trainees and newly inducted judges but to every student of law who aspire to be a judicial officer and will be a valuable addition to the stock of libraries of judicial training academies as well as law schools.

ISBN   : 978-81-8038-795-1

Format :  Hard bound

Edition : 1st Edition

Publisher: LexisNexis Butterworths Wadhwa, Nagpur, Haryana

Price    : INR 550.00

Book Review Competition Law

Title of the Book: Competition Law

Author: Dr. Avtar Singh, Advocate, Ex-Reader in Law, Lucknow University & Dr. Harpreet Kaur, Professor, National Law University Delhi

Edition:First Edition, Student Edition, 2012

Publication House: Eastern Book Company (P) Ltd., 34A, Lalbagh, Lucknow-226001

ISBN – 13: 9789350286661

ISBN – 10: 93-5028-666-1

Price: Rs. 475

Review By: Dr. Ashish Kumar Srivastava, Assistant Professor, Faculty of Law, University of Lucknow, Lucknow

An effective competition policy promotes the creation of a business environment which improves static and dynamic efficiencies and leads to efficient resource allocation, and in which the abuse of market power is prevented mainly through competition. Open competitive markets are the engine of economic growth. The biggest challenges to competition are anti-competitive agreements, abuse of dominance and formation of corporate combinations which hampers the competition and promotes concentration of wealth, monopoly and stop the competition. Anti-competitive agreements mainly the cartel has high tendency of causing appreciable adverse effect on competition. Cartel which is mainly an anti-competitive agreement has been given due attention by competition authorities in the Act of 2002.

The Competition Act was passed to replace the Monopoly & Restrictive Trade Practices Act of 1969 (MRTP). The new Act has many objectives to fulfill. The few of them are to protect the interests of consumers, to promote and sustain competition in the market, to control an appreciable adverse effect over the competition (AAAEC), to provide even playing field to market players by ensuring freedom of trade and to establish Competition Commission of India. The backbone of the Act is AAAEC which is covered in section 3, 4 and 5 of the Act. The section 3 deals with anti-competitive agreement which is horizontal and vertical agreements to eliminate competition in the market. Section 4 deals with abuse of dominance of enterprise in the market. Section 5 deals with corporate combinations via merger and amalgamation which result in AAAEC. The competition commission of India in section 19 and 20 investigates cases covered under section 3, 4 and 5 and take appropriate measures.

The book on ‘Competition Law’ by Dr. Avtar Singh and Dr. Harpreet Kaur is a classic work on the subject which contributes sumptuously to the academic world. Dr. Avtar Singh has a huge expertise in the area of commercial laws. He has been Reader in University of Lucknow, Ex-visiting Professor in IIM Lucknow and has many legal classics to his credit. Dr. Harpreet Kaur is a Professor of Business Laws in National Law University Delhi.

The book is divided in ten chapters. The brief mentioning of treatment of contents in the chapters shall not be out of place. Chapter I entitled as ‘Preliminary’ introduces the subjects’ deals with the reasons of repealing of MRTP Act, 1969. It details out the basic scheme of the Act, competition policy of India and objectives of Competition Act, 2002. Chapter II deal with prohibition, abuse of dominance and regulation of combination which is the life-line of the subject. The section 3 which is devoted to anti-competitive agreements has been covered very lucidly with the help of European, American, British and Indian case-laws. Vertical and horizontal agreements have been detailed out very sanely and simply by the seasoned authors. Cartels, resale price maintenance, refusal to deal have been explained wonderfully. Dominant position and predatory pricing has been explained in an effective manner by having a comparative analysis of the provisions of MRTP with the Competition Act. Unfair Trade practice under the old Act has been explained fully and it helps the reader to draw an analogy to new Act. Chapter III & IV deals with competition commission of India, its power, duties and functions. Post liberalization in all regulators one finds one thing in common and that is that all such institutions are confluence of executive, judicial and legislative organs of the state. Recent case laws upto 2010 have been added in chapter IV which makes the book up to date on the issue of investigation, and punishment of the players of market who flout the norms and bring AAAEC in the market and thereby stop the market to be a free market controlled and governed by market forces. Investigation, measures, penalty, interim measures, extra-territorial features, commission to be a civil court and ancillary powers needed for investigations are discussed in this chapter. Chapter V deals with duties of Director General, chapter VI deals with penalties, and Chapter VII deal with competition advocacy for effective and hassle-free policy making. While chapter VIII deals with finance, accounts and audits, chapter IX with Competition Appellate Tribunal and Chapter X with miscellaneous provisions.

The achievement of the books is its simplicity and lucidity. The issues of competition law known as anti-trust law in US is quiet complex due to variety of reasons and explaining them is not a child’s play especially the cartels. The book is a sincere attempt of the authors to keep pace with the changing policies of government in a post liberalization era which led to passing of Competition Act. Dr. Avtar Singh is a well-known author on MRTP for more than three decades so he is the right person to tell us more about the competition as the subject is just a jurisprudential variation of the MRTP. The book is unique for law students, academicians, practitioners and members of legal fraternity and most importantly the common man who often falls prey in the hands of suppliers, manufacturers, retailers, distributers who eliminate competition from the market by adopting practices having an appreciable adverse effect on competition.