Investment Law :-

Aim of Comp Laws =

1. Promote Fair Competiton (ensuring level playing field)

2. Protect Consumers from Unfair Practices

Post Independance Scene = :-

Monopolies and Restrictive Trade Practices Act (MRTP Act), 1969:

= 1. First comprehensive legislation addressing monopoly and trade practices.

= 2. Prohibited three types of trade practices:

a. Restrictive practices (e.g., agreements between competitors to fix prices)

b. Unfair practices (e.g., misleading advertising)
c. Monopolistic trade practice

= 3. Established the MRTP Commission to enforce the Act.

Need for Change = :-

a. Liberalization, Privatization, and Globalization (LPG) reforms in the 1990s.

b. Need for a more dynamic and outcome-oriented competition law.
c. Shortcomings of MRTP Act identified by committees like Raghavan Committee (1999).

The Competition Act, 2002:-

a. Enacted to replace the MRTP Act.

b. Aimed at:
= Promoting and sustaining competition
= Protecting the interests of consumers
= Preventing practices having an adverse effect on competition.

Key Features:

1. Focus on effects of agreements and actions, not just their form (procedure).
2. Prohibits anti-competitive agreements (Section 3).
3. Regulates abuse of dominant position (Section 4).
4. Oversees mergers and acquisitions that could harm competition (Section 6).
5. Established the Competition Commission of India (CCI) as the regulatory body.

Challenges:

1. Delays in adjudication.
2. Balancing regulation with promoting ease of doing business.
3. Increasing complexity of digital markets and global competition.
Anti Competitive Agreeements = S.3

= An agreement between persons or enterprises for goods and services which has appreciable adverse
effect on competition (AAEC)

= May have effect of Preventing , restricting, Distorting competition w/n the market

Horizontal Agreements (Section 3(3)):

= Agreements between enterprises at the same level of the production chain, i.e., competitors.

= Happens when = Cartels,

Price-fixing,

Market-sharing,

Bid Rigging

= are presumed to be anti competitive

Vertical Agreements (Section 3(4)):

= Agreements between enterprises at different levels of the production chain, such as between
manufacturers and distributors.

= Types include:

Tie-in arrangements.

Exclusive supply agreements.

Exclusive distribution agreements.

Refusal to deal.

Resale price maintenance.

= not presumed to be anti-competitive, but evaluated on basis of their impact on competition

*Per Se Rule: Certain agreements (like cartels) are deemed illegal without the need for detailed
analysis of their effect on competition.

*Rule of Reason: Requires a comprehensive analysis of the agreement's purpose, effect, and pro-
competitive benefits.
Role of the Competition Commission of India (CCI)

= Investigation

= Impose Penalties

= Issue Cease and Desist orders

= Direct modification of agreements

Notable Cases= Cement Cartel Case. Automobile Manufacturing Case, Google Case (2012,2014, 2018)

Abuse of Dominant Position (Section 4)

= firm with strong market position,,,,, leverages its position,,,,,,, to

1. Exert Undue Influence on relevant market

2. Harm competition
3. Exploit consumers by limiting choices and inflating prices

= The Competition Commission of India (CCI) assesses dominance based on factors like:

1. Market share of the undertaking

2. Strength of competitors
3. Barriers to entry for new players

= Examples =

a. Predatory pricing
b. Exclusive Dealing
c. Tying arrangements (imposing condition to buy other as well)
d. Excessive Pricing

Predatory Pricing (Section 4 Explanation B)

= Predatory Means = Intended to injure others for self-gains

= Strategic Pricing Tactic ---dominant firm ----sets prices below its own cost of production-- aiming to:

1. Price below cost = Drive competitors out of the market by making it unsustainable for them to
compete.
2. Exclusionary Intent = Gain a monopoly, Eliminate Competition and subsequently raise prices for
consumers.

COMBINATIONS (Section 5)

= Acquisition of one or more enterprises by one or more persons

Or amalgamation of enterprises
= Why Regulate Combinations? BCZ Uncontrolled mergers and acquisitions can:

• Reduce competition in a market by creating monopolies or oligopolies.

• Lead to higher prices for consumers due to decreased competition.
• Stifle innovation as dominant firms may have less incentive to innovate.

= The Role of the CCI

• Approve the combination with or without conditions.

• Ask for modifications to the transaction to address competition concerns.
• Disapprove the combination if it is likely to cause an appreciable adverse effect on
competition (AAEC).

Types of Combinations Scrutinized by CCI

• Horizontal Combinations: Mergers or acquisitions between competitors offering similar

goods or services in the same market. (e.g., Two large cola companies merging)
• Vertical Combinations: Mergers or acquisitions between businesses at different stages of the
production chain. (e.g., A beverage manufacturer acquiring a large distributor chain)

Competition Advocacy (Section 49)

= refers to the efforts of the (CCI) to promote a culture of competition within the Indian market,,,,,,,,By
creating awareness,,,,,,,educating stakeholders on the benefits of a competitive environment.

= BENEFITS = a. Raises Awareness,, b. boosts economic growth,,,,,,,,c. benefits consumers,,,,,

= Done By

a. Organizing workshops and seminars

b. Developing educational materials
c. Conducting research and publishing studies
TPA

Sale:- (Section 54)

A sale is the transfer of ownership of an immovable property from a seller to a buyer in exchange for
a price (money)

Essentials of a Valid Sale:

Competency of parties:
Consent:
Consideration:
Transfer of ownership:
Sale deed

Seller's Duties:

• Disclose material facts about the property.

• Deliver possession of the property.
• Execute the sale deed.

SECTION 105 = LEASE

. Termination of Lease:

• Expiry of the lease term.

• Breach of contract by either party.
• By mutual consent.
• Through legal proceedings (eviction).

SECTION 122 = GIFT

SECTION 126 = Revocation of Gift

SECTION 127 = Onerous GiFTs

INTERNATIONAL =

UN Charter Article 2(4) = Key elements:

Threat or use of force

Directed against another state
Aims to violate territorial integrity or political independence
Inconsistent with UN purposes (e.g., maintaining peace and security)

Exceptions to the Prohibition

Self-Defense (Article 51): A state can use force in response to an armed attack.

• Requirements: necessity, Proportionality, immediacy (debate exists on pre-emptive self-

defense).

Collective Self-Defense:

• Extends to Allies: This allows a state to use force to assist another state that is being subjected
to an armed attack.
• Similar Requirements: Collective self-defense generally follows the same requirements of
necessity, proportionality, and immediacy as individual self-defense.

Collective Security (Chapter VII): The UN Security Council can authorize force to maintain or restore
peace.

The Responsibility to Protect (R2P)

Core Concept:

• Preventing Mass Atrocities: R2P places a responsibility on all states to prevent genocide, war
crimes, ethnic cleansing, and crimes against humanity.
• Three Pillars: It's based on three pillars:
o State Responsibility (Pillar 1): Each state has the primary responsibility to protect its
own population from these mass atrocities.
o International Assistance (Pillar 2): The international community should assist states
in fulfilling their R2P obligations.
o International Intervention (Pillar 3): As a last resort, the international community can
take collective action (including military force) to protect populations when a state
manifestly fails to do so.
R2P vs. Prohibition on Use of Force:

• Complementary: R2P is not a justification for using force unilaterally. It should be used in
accordance with the UN Charter's prohibition on the use of force.
• Focus on Prevention: Ideally, R2P is about preventing atrocities through early warning,
diplomatic efforts, and promoting human rights.
CRPC:-

The primary objective = fair, just, and efficient system for investigating and trying criminal offenses

1. Protecting the rights of the accused

2. Ensuring investigation and punishment of offenses
3. Preserving public order
• CrPC strives to achieve between protecting individual rights and ensuring public safety.
• key principles enshrined in the CrPC, such as presumption of innocence and burden of proof.

FUNCTIONARIES :-

Efficient investigation and prosecution:

Fair trials:
Punishment and rehabilitation:
Protection of rights:

1. Police: Responsible for investigating crimes, collecting evidence,

apprehending suspects, and maintaining law and order.

2. Public Prosecutors:

Represent the State in criminal cases.

Present evidence to the court to establish the guilt of the accused.

Function as legal advisors to the police during investigations.

3. Courts: Preside over trials, hearing both sides, deliver judgment

4. Defence Counsel: Represent accuse, ensure he gets free trial

5. Prison Authorities: For safe custody, welfare, and rehabilitation of convicted

criminals

BAILABLE VS NON BAILABLE :-

Bailable Offences:

• Less serious offences with a prescribed maximum punishment of imprisonment for up to 3

years or fine, or both.
 • In bailable offences, the accused has the right to be released on bail upon furnishing a surety
(financial guarantee) to appear in court as mandated.
• The police officer in charge of the arrest can grant bail, or the court can do so during the
hearing.

Non-Bailable Offences:

• Serious offences with a prescribed maximum punishment of imprisonment for more than 3
years, or death penalty, or life imprisonment.
• In non-bailable offences, the accused does not have an automatic right to bail.
• The court has the discretion to grant bail after considering the severity of the offence, the
strength of the prosecution's case, and the likelihood of the accused fleeing or tampering
with evidence.

** The First Schedule of the CrPC provides a list of bailable and non-bailable offences.

** CrPC strives to achieve between protecting individual rights and ensuring public safety.

Cognizable Offences:

• More serious offences where police officers can investigate and arrest suspects without a
warrant.
• The First Schedule of the CrPC lists cognizable offences (e.g., murder, rape, robbery).
• These offences typically involve violence, significant harm, or a threat to public order.
• Upon receiving a complaint or credible information, the police can initiate an investigation,
collect evidence, and apprehend the accused.

Non-Cognizable Offences:

• Less serious offences where the police cannot investigate or arrest without a warrant from a
magistrate.
• Examples include defamation, public nuisance, or minor thefts.
• In such cases, the aggrieved party (victim) files a private complaint with the magistrate,
seeking legal action.
• The magistrate may then grant permission for the police to investigate and proceed with the
case.

1. First Information Report (FIR):

• Filed with the police by the victim (or someone on their behalf) upon the occurrence of a
cognizable offence.
• It serves as the official record of the complaint and triggers a police investigation.
 • The police officer in charge of the police station has a legal obligation to register the FIR under
Section 154 of the CrPC if the information discloses a cognizable offence.
• The FIR should contain details about the offence, the time and place of occurrence, the
names of the accused (if known), and the witnesses.

2. Private Complaint:

• Filed with a magistrate by the victim (or someone authorized by law) in cases of non-
cognizable offences.
• It initiates legal proceedings against the accused.
• The magistrate has the discretion to dismiss the complaint, order an investigation, or summon
the accused to appear in court.
• Private complaints are typically filed on a written petition outlining the offence and requesting
the magistrate's intervention.

CHARGE:-

a charge is a formal accusation made against a person suspected of committing a crime. It officially
initiates the criminal proceedings against the accused in court.

Who brings the Charge? The public prosecutor, representing the State, files the charge after reviewing
police investigations, witness statements, and other evidence.

Purpose of the Charge: The charge serves several purposes:

• Informs the accused of the specific allegations against them.

• Enables the accused to prepare a proper defense.
• Ensures the court has jurisdiction to hear the case.
• Prevents double jeopardy (being tried for the same offence twice).

Process of Presenting Charges:

• The accused is typically presented with the charges during their first court appearance
(arraignment).
• The judge reads the charges and explains the rights of the accused, including the right to plead
guilty or not guilty.

Police Reports Explained:-

A police report, also known as a crime report or incident report, is a formal document created by a law
enforcement officer after responding to an incident or crime. It serves as a detailed record of the event
and plays a crucial role in investigations and prosecutions.
Importance of Police Reports:

• Documentation: Provides a permanent record of the incident for future reference.

• Investigation: Serves as a foundation for further investigation by detectives and forensic units.
• Evidence: Documents details and collected evidence that can be used in court proceedings.
• Prosecution: Provides the prosecutor's office with information necessary to build a case
against the accused.
• Statistics: Contributes to crime data collection and analysis, helping law enforcement identify
trends and allocate resources effectively.

Contents of a Police Report:

• Basic Information: Date, time, location of the incident, and responding officers' details.
• Nature of the Call: Description of the incident reported, whether a crime, suspicious activity,
or request for assistance.
• People Involved: Information about the victim(s), suspect(s), and any witnesses, including
names, descriptions, and contact details (if available).
• Narrative of Events: A chronological account of what transpired based on officer
observations, victim/witness statements, and any available evidence.
• Physical Evidence: Details of any evidence collected at the scene (e.g., fingerprints,
photographs, weapon descriptions).
• Investigative Steps: Actions taken by the officer at the scene, such as securing the area,
interviewing witnesses, and following leads.
• Additional Information: Any relevant details not covered elsewhere, such as weather
conditions or officer observations about the scene.

Investigation Under the CrPC

An investigation in the criminal justice system is a systematic process undertaken by law enforcement
agencies to gather evidence, identify suspects, and determine the facts surrounding a suspected
crime. The CrPC establishes the legal framework for conducting investigations in India.

Key Stages of a Criminal Investigation:

1. First Information Report (FIR): The process typically starts with an FIR filed by the victim or
someone on their behalf, informing the police about a cognizable offence.
2. Registration of FIR and Initial Inquiry: The police officer in charge is obligated to register the
FIR if it discloses a cognizable offence. They then conduct a preliminary inquiry to verify the
information and determine if a cognizable offence has indeed been committed.
3. Scene of Crime: If a cognizable offence is confirmed, the police secure the crime scene to
prevent contamination of evidence. They document the scene with photographs, sketches,
and videography.
 4. Collection of Evidence: Police officers meticulously collect and preserve physical evidence like
fingerprints, DNA samples, or weapons. They also record witness statements and gather any
other relevant information.
5. Identification of Suspects: Based on the investigation, the police attempt to identify suspects.
This may involve witness identification procedures, analyzing alibis, or following leads.
6. Interrogation: Suspects may be questioned in accordance with legal safeguards to obtain their
version of events.
7. Arrest: If sufficient evidence exists, the police may arrest the suspect. The CrPC lays down
specific procedures for arrest, including informing the accused of their rights.
8. Detention and Further Investigation: The suspect may be detained for a specific period as per
the CrPC to allow for further investigation.
9. Charge Sheet: Following the investigation, the police submit a charge sheet to the court if they
find enough evidence to proceed with the case. The charge sheet outlines the charges against
the accused and the supporting evidence.
10. Trial: If charges are filed, the case proceeds to trial in court, where the prosecution and
defense present their arguments based on the gathered evidence.

Inquiry:

• Objective: To determine if there is sufficient evidence to proceed with a formal trial.

• Process: An inquiry is a less formal process compared to a trial. It may involve examining
witnesses, gathering initial evidence, and scrutinizing the FIR.
• Presiding Officer: Depending on the nature of the case, an inquiry might be conducted by a
police officer, a magistrate, or a higher court judge.
• Outcome: Based on the inquiry, the following outcomes are possible:
o Trial: If sufficient evidence exists, the case proceeds to trial.
o Closure: If the evidence is insufficient, the case may be closed.
o Further Investigation: The inquiry may order further investigation before reaching a
conclusion.

Importance of Distinction:

• Preventing Unnecessary Trials: Inquiries help prevent unnecessary trials by filtering out cases
lacking sufficient evidence.
• Protecting the Rights of the Accused: The distinction safeguards the accused from facing a
full trial without a strong case against them.

Trial:

• Objective: To determine the guilt or innocence of the accused beyond a reasonable doubt.
• Process: A trial is a formal and structured proceeding governed by the CrPC. It involves
presenting evidence in court, examining witnesses, and arguments from both the prosecution
and defense.
 • Presiding Officer: Trials are typically presided over by a magistrate or judge depending on the
severity of the offence.
• Outcome: Following the trial, the court delivers a judgment:
o Conviction: If the prosecution proves the guilt of the accused beyond a reasonable
doubt.
o Acquittal: If the prosecution fails to prove the guilt of the accused or there is
reasonable doubt.

Summons Cases:

• Definition: Cases involving offences punishable with imprisonment for a term not exceeding
two years, or fine, or both. (Section 2(w) of CrPC)
• Procedure: The accused is summoned to appear in court through a summons issued by the
magistrate. The summons specifies the date, time, and place of appearance.
• Arrest: The police generally do not have the authority to arrest the accused without a warrant
in summons cases. However, there can be exceptions in specific circumstances, such as if the
accused fails to appear after multiple summons or is a flight risk.
• Examples: Cases of theft, criminal trespass, simple assault, or public nuisance often fall under
summons cases.

Warrant Cases:

• Definition: Cases involving offences punishable with death, imprisonment for life, or
imprisonment for a term exceeding two years. (Section 2(x) of CrPC)
• Procedure: The police require a warrant issued by a magistrate to arrest the accused. This
warrant is based on a police report or complaint indicating a cognizable offence and
reasonable suspicion against the accused.
• Arrest: The police can arrest the accused with a warrant or in specific circumstances without
a warrant, such as during the commission of a cognizable offence or in hot pursuit.
• Examples: Cases of murder, rape, dacoity (robbery with violence), or serious drug offences
are typically tried as warrant cases.

** The CrPC allows for the conversion of a summons case into a warrant case under certain
circumstances, such as if the accused absconds or threatens witnesses. (Section 259 of CrPC)
JURISPRUDENCE:-

Derived from the Latin "jurisprudentia," meaning "knowledge of law."

Jurisprudence delves into the theoretical framework of law

Nature = Theoretical , Multi-disciplinary, Evolving

HINDU :-

Mitakshara:

• The dominant school across most of India except Bengal and Assam.
• Emphasizes the concept of coparcenary, where sons inherit ancestral property along with the
father.
• Mitakshara itself has further sub-schools with slight variations, like the Benaras, Mithila, and
Madras schools.

Dayabhaga:

• Primarily followed in Bengal and Assam.

• Father is the sole owner of ancestral property during his lifetime.
• Sons inherit only upon the father's death.

• Focus on Dharma: Hindu law is deeply rooted in the concept of Dharma, encompassing
duties, right conduct, and moral law. Western jurisprudence tends to separate law and
morality.
• Emphasis on Social Order: Preserving social order and fulfilling one's duties based on caste
and life stage (Ashramas) is central to Hindu law. Western jurisprudence often prioritizes
individual rights.
• Customary Practices: Local customs and traditions play a significant role in Hindu law, while
Western jurisprudence emphasizes codified laws.

ISLAMIC :-

Islam does have well-defined schools of jurisprudence, known as madhhabs. These schools offer
interpretations of Islamic law (Sharia) based on the Quran, the Sunnah (teachings and practices of
Prophet Muhammad), and the reasoning of legal scholars (jurists).

= sunni School and Shia School

Analytical Positivism: A Deep Dive

Analytical positivism, also known as legal positivism, is a dominant school of thought in jurisprudence.
It focuses on the study of law "as it is," separating it from morality, ethics, or natural law. Here's a
detailed breakdown of its core principles:

Key Ideas:

• Law as a Command: Law is seen as a set of rules laid down by a sovereign authority (usually
the state) that are enforceable through sanctions (punishments).
• Separation of Law and Morality: Laws are valid because they are enacted by a sovereign, not
because they are morally right. Morality can influence the creation of laws, but it's not a
requirement for a law to be valid.
• Emphasis on Positive Law: Analytical positivism focuses on positive law, which refers to the
actual, enacted laws of a legal system, as opposed to natural law, which posits a universal
moral law.
• Grounding Norm (Grundnorm): Some positivists, like Hans Kelsen, proposed the concept of a
Grundnorm, a fundamental basic norm that underlies all legal norms within a legal system and
validates them.

Prominent Thinkers:

• Jeremy Bentham: A founder of legal positivism, he emphasized utility and the codification of
law for clear and efficient application.
• John Austin: Another key figure, Austin defined law as a command issued by a sovereign to a
subject, backed by a sanction.
• H.L.A. Hart: A later positivist, Hart distinguished between primary rules (those that impose
obligations) and secondary rules (those that empower individuals to create or change primary
rules).

Criticisms of Analytical Positivism:

• Oversimplification of Law: Critics argue positivism overlooks the role of morality, social
context, and judicial interpretation in shaping law.
• Ignoring Unjust Laws: Positivism might justify obedience to even unjust laws based on their
source (sovereign authority).
• Difficulties with Hard Cases: Positivism may struggle with situations where legal rules are
unclear or contradictory.