Business Law June 2024

Description

Business Law

June 2024 Examination

 

 

Q1.“India’s growth as a developing nation depends on how it leverages the conscious exploitation its natural resources”, support the foregoing statement by highlighting important provisions and features of the law that conserves biological diversity in India along with regulating the access to Biological Resources in India.    (10 Marks)

Ans 1.

Introduction

India’s trajectory towards becoming a leading developing nation is intricately linked with its stewardship of natural resources. The country’s biological diversity, a vibrant tapestry of ecosystems, flora, and fauna, stands as a cornerstone for its sustainable development. Recognizing the dual necessity of conserving biodiversity and utilizing biological resources responsibly, India has implemented comprehensive legislation, primarily the Biological Diversity Act, 2002. This Act underscores the importance of preserving biodiversity not only for its intrinsic value but also as a critical resource that can drive socio-economic growth and environmental sustainability. By fostering a legal framework that promotes the conservation of biological diversity, the equitable sharing of benefits arising from their use, and the sustainable exploitation of its resources, India positions itself on a path where environmental stewardship and development are

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Q2.  Illustrate  the  composition  of  the  Competition  Commission  of  India  under  the Competition Act, 2002 and how does it handles enquiries and complaints.   (10 Marks)

Ans 2.

Introduction

The Competition Commission of India (CCI) serves as a pivotal regulatory body, established under the Competition Act of 2002, with the primary mandate to eliminate practices having adverse effect on competition, promote and sustain competition, protect the interests of consumers, and ensure freedom of trade in the markets of India. The composition of the CCI reflects a blend of expertise across various fields necessary to comprehend and adjudicate complex competition issues, typically including a Chairperson and six Members appointed by the Central Government. These members bring a diverse array of experiences from the fields of law, economics, business, and public affairs, thereby equipping the CCI with the necessary skills to assess complaints and conduct enquiries efficiently. Over the years, the CCI has established procedures and guidelines to handle enquiries and complaints, fostering a fair and competitive environment across various industries. It investigates anti-competitive agreements, abuse of dominant position by

 

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Q3. Mr. Joglekar, a Mumbai citizen has found that a private developer in Mumbai has found it is hosting a cultural event its employees in Mumbai. He wants to find more information on the cultural event including the details of the guests attended so that he can identify the associates of the developer. As a citizen of India, he went ahead and filed an application under Right to Information Act, 2005 with the private developer. However, he was denied the information.

1. a) Can you explain why information cannot be provided to him under Right to Information Act, 2005? (5 Marks)

Ans 3a.

Introduction

The Right to Information Act, 2005 (RTI Act) marked a significant milestone in promoting transparency and accountability in the workings of public authorities in India. By empowering citizens to request information from public entities, the RTI Act aims to reduce corruption and ensure governance is more open and responsive. However, the Act’s applicability to private entities, especially in cases such as Mr. Joglekar’s request to a private developer for information on a cultural event, introduces complexities regarding the scope and limitations of the RTI Act.

Concept and

 

1. b) What are the specific instances under which information under the Right to Information Act, 2005 can denied? (5 Marks)

Ans 3b.

Introduction

The Right to Information Act, 2005 (RTI Act) is a landmark legislation in India that promotes transparency and accountability in the functioning of public authorities. While it empowers citizens to access information under the control of public authorities, it also delineates specific instances where the provision of such information can be legitimately denied. These exceptions are integral to the Act, aiming to balance the public interest with the protection of sensitive information that could harm the nation’s interest, individual privacy, or impede the functioning of the