General Agreement on Tariffs and Trade

 

Vande Matram!

This is an article related to General Agreement on Tariffs and Trade.

It includes Short Questions and answers.

General Agreement on Tariffs and Trade

·         What is GATT?

o   General Agreement Tariffs and Trade.

·         When GATT was signed firstly?

o   October 30, 1947

·         How many countries signed GATT initially?

o   23 countries including India

·         Since when India is member of GATT?

o   8 July 1948

·         Who signed GATT on behalf of India?

o   Mr. S. Ranganathan

·         What is purpose of GATT?

o   GATT is a legal agreement minimizing barriers to international trade by eliminating or reducing quotas, tariffs, and subsidies while preserving significant regulations.

·         What is intention of GATT?

o   The GATT was intended to boost economic recovery after World War II through reconstructing and liberalizing global trade.

·         When did GATT come in to force?

o   January 1, 1948

·         Who is responsible for GATT?

o   The Council for Trade in Goods (Goods Council)

·         Is GATT still in existence?

o   Maybe because in 1995, the General Agreement on Tariffs and Trade (GATT) was absorbed into the World Trade Organization (WTO), which extended it.

·         Which principle is adopted by States in setting tarrifs?

o   The most-favored-nation principle which means all nations are equal.

·         How many rounds GATT had held?

o   GATT had held 8 rounds from April 1947 to December 1993.

·         Where and when did GATT meetings held in the history?

o   First meeting: Geneva, Switzerland in April 1947, 23 countries participated

o   Second meeting: Geneva, Switzerland, April 1949, 13 countries participated

o   Third meeting: Torquay, England, September 1950, 38 countries participated

o   Forth meeting: Geneva, Switzerland, 1956, 26 countries participated

o   Eighth meeting: Uruguay Round, December 1993, negotiated formation of WTO.

Thanks for reading. Please share this article with all your friends. Comment below which subject you want to explore.

#GATT #Trade #Tarrif #WTO #India #InternationalLaw #IntellectualPropertyLaw #BusinessLaw

#BharatMataKiJay.

Oil & Natural Gas Commission v. Utpal Kumar Basu & Ors

 

In Oil & Natural Gas Commission v. Utpal Kumar Basu & Ors., (1994) 4 SCC 711, the Supreme Court considered the provisions of Clause (2) of Article 226 of the Constitution of India, which provides for territorial jurisdiction of the High Courts. The Apex Court held that while deciding the territorial jurisdiction of the Court, within which the cause of action, wholly or partly, arises, the facts must first be decided. It must also be ascertained which facts are true and the other facts must be disregarded, because the facts form integral part of the cause of action. In the said case, facts involved were that ONGC decided to set-up a Kerosene Processing Unit at Hajaria (Gujarat). EIL was appointed by the ONGC as its consultant and in that capacity, EIL issued advertisement from New Delhi calling for tenders and this advertisement was printed and published in all leading news papers in the country including The Times of India in circulation in West Bengal. In response to which tenders or bids were forwarded to EIL at New Delhi, which were scrutinized and finalized by the ONGC at New Delhi. However, the writ petition had been filed in the Calcutta High Court challenging the acceptance of tenders of the other party. Before the Supreme Court, it was contended that the Calcutta High Court had no jurisdiction as no cause of action had arisen, even partly, in its territorial jurisdiction. Mere communication to any person at a particular place or publication or reading of the news or notice etc. does not confer jurisdiction. After examining the facts of that case, the Apex Court came to the conclusion that the Calcutta High Court lacked jurisdiction. While deciding the said case, the Supreme Court placed reliance upon the judgment in Chand Koer V. Partab Singh, 15 Ind. Appeals 156, wherein it had been observed as under:-

“The cause of action has no relation whatsoever to the defence which may be set up by the defendant, nor does it depend upon the character of the relief prayed for by the plaintiff. It refers entirely to the grounds set-forth in the plaint as the cause of action; in other words, to the media upon which the plaintiff asked the court to arrive at a conclusion in his favour.”

Therefore, in determining the objection of lack of territorial jurisdiction, the court must take all the facts pleaded in support of the cause of action into consideration albeit without embargo upon an inquiry as to the correctness or otherwise of the said facts.

Role of law in Business

The rule of law plays an important role in the business world when set setting a business it is the laws that determine what type of business it is to became, and the structure is to be formed.

Also the law sets up a reasonable expectation on how the business should operate in order to protect the business owner’s interest of the Customer of that business. The rule of law not only allows people to understand what is expected of them in their personal capacities but also set forth rules for business so that they, too know what is expected of them in their dealing and transactions the law protects those who work for a business. It sets Guideline of how treat your employees, equal opportunities, pay scale, hours, breaks, benefits and long with a host of other right privileges.

In short the laws for business create an honest environment where consumers and business owners interest can be protected and we have ways to solve of any disputes arise. If these laws are in any ways are violated it sets up Guidelines for punishment.

Data protection law in India: Puttaswami case

Image credit: www.iab.org.uk

Puttaswami case:

The Supreme Court of India noted following points: -

i) Informational privacy is a facet of the right to privacy. The dangers to privacy in an age of information can originate not only from the state but from non-state actors as well. We commend to the Union Government the need to examine and put into place a robust regime for data protection. The creation of such a regime requires a careful and sensitive balance between individual interests and legitimate concerns of the state. Intrinsically, a regime for data protection is synonymous with protection of informational privacy.

ii) “Uber”, the world’s largest taxi company, owns no vehicles. “Facebook”, the world’s most popular media owner, creates no content. “Alibaba”, the most valuable retailer, has no inventory. And “Airbnb”, the world’s largest accommodation provider, owns no real estate.

iii) The right to privacy as a fundamental right. Right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 of the Constitution and as a part of the freedoms guaranteed by Part III of the Constitution. 

iv) Further, it went on to recognise informational privacy as a facet of the right to privacy and directed the Union Government to put in place a robust data protection regime to ensure protection against the dangers posed to an individual‘s privacy by state and non-state actors in the information age.

v) The Supreme Court in Puttaswamy overruled its previous judgments of M.P. Sharma v. Satish Chandra (M. P. Sharma) and Kharak Singh v. State of Uttar Pradesh (Kharak Singh) which appeared to observe that there was no fundamental right to privacy enshrined in the Constitution of India. 

vi) Justice Subba Rao in Kharak Singh, opined that even though the right to privacy was not expressly recognised as a fundamental right, it was an essential ingredient of personal liberty under Article 21 and thus fundamental. Following this approach of Justice Subba Rao, the nine-judge bench of the Supreme Court in Puttaswamy recognised the right to privacy as an intrinsic part of the fundamental right to life and personal liberty under Article 21 of the Constitution of India in particular, and in all fundamental rights in Part III which protect freedoms in general, and overruled the aforementioned judgments to this extent.

vii) Notably, it was held that the Constitution of India must evolve with the circumstances of time to meet the challenges thrown up in a democratic order governed by the rule of law and that the meaning of the Constitution of India cannot be frozen on the perspectives present when it was adopted.

viii) The right to privacy was grounded in rights to freedom under both Article 21 and Article 19 of the Constitution of India encompassing freedom of the body as well as the mind. It was held that privacy facilitates freedom and is intrinsic to the exercise of liberty and examples of the freedoms enshrined under Article 25, Article 26 and Article 28(3) of the Constitution of India were given to show how the right to privacy was necessary to exercise all the aforementioned rights. 

xi) The Supreme Court acknowledged that the concept of the right to privacy, as seen from jurisprudence in India and abroad has evolved from the basic right to be let alone, to a range of negative and positive rights. Thus it now includes the right to abort a foetus; rights as to procreation, contraception, general family relationships, child rearing, education, data protection, etc. The Court recognised informational privacy as an important aspect of the right to privacy that can be claimed against state and non-state actors. The right to informational privacy allows an individual to protect information about oneself and prevent it from being disseminated. 

x) Further, the Court recognised that the right to privacy is not absolute and may be subject to reasonable restrictions. In order to limit discretion of State in such matters, the Court has laid down a test to limit the possibility of the State clamping down on the right the action must be sanctioned by law, it must be necessary to fulfil a legitimate aim of the State, the extent of the State interference must be proportionate to the need for such interference, there must be procedural safeguards to prevent the State from abusing its power. It has expressly recognised protecting national security, preventing and investigating crime, encouraging innovation and the spread of knowledge, and preventing the dissipation of social welfare benefits as certain legitimate aims of the State.

Thanks for reading till the end. Please follow and share this blog for more law notes.

Preamble: Indian Partnership Act, 1932

PREAMBLE

[IX OF 1932]

(IN ITS APPLICATION TO THE STATE OF MAHARASHTRA) (Received the assent of the Governor-General on 8th April, 1932) AMENDED BY MAH. 29 OF 1984 (1-1-1985) 1

AN ACT TO DEFINE AND AMEND THE LAW RELATING TO PARTNERSHIP. WHEREAS it is expedient to define and amend the law relating to partnership; It is hereby enacted as follows:

Image Credit: www.pngguru.com

Explanation of Preamble of Indian Partnership Act, 1932:

This is the IX i.e. Ninth Act of year 1932.

It had received assent of the Governor General on Dt. 8-4-1932.

The Act was enacted by Parliament of India.

In its application in State of Maharashtra it was amended by 29^th Act of Maharashtra on Dt. 1-1-1985.

The present Act superseded the earlier law relating to Partnership, which was contained in Chapter XI of the Indian Contract Act, 1872.

Nature of Partnership:

Partnership is a form of business organization, where two or more persons join together for jointly carrying on some business. It is an improvement over the ‘Sole –trade business ’, where one single individual with his own resources, skill and effort carries on his own business. Due to the limitation of resources of only a single person being involved in the sole-trade business , a larger business requiring more investments and resources than available to a sole-trader, cannot be thought of in such a form of business organisation. In partnership, on the other hand , a number of persons could pool their resources and efforts and could start a much larger business, than could be afforded by any of these partners individually . In case of loss the burden gets divided amongst various partners in a Partnership.

Scope:

There is no restriction on the exercise of such powers as partnership chooses at any time to exercise, except such prohibitions on illegal, immoral or fraudulent conduct as apply equally to individuals.

1- A partnership may itself be a member of another firm if the partners of the constituent firm consent thereto.

2- If it appears that all the partners have either authorized or ratified the contract, no further question as to its validity ordinarily remains. The cases where the question of the validity of partnership contract arises is where one partner has made the contract without specific authority from his co-partners. As to their implied scope partnerships may be divided into the classes of the non-trading and the trading. Some powers can be exercised by partners in partnership of either type. Thus a partner may retain an attorney protect the interests of the firm.

Case Laws:

1) Poppatlal Shah vs. State Of Madras AIR 1953 SC 274: It was held that, “The preamble is an admissible aid to construction . It throws light on the intent and design of the legislature and indicates the scope and purpose of the legislation itself.”

2) Tribhuban Parkash Nayyar Vs. Union Of India (1969) 3 SCC 99.: It was held that, “Preamble cannot be used to control or qualify precise and unambiguous language of the enactment . It is only when there is a doubt as to the meaning of a provision, that recourse may be had to the preamble to ascertain the reasons for the enactment and hence, the intention of Parliament.”

(Note: Paragraph in Red are taken as it is from the original Act while Paragraphs in Black are the Explanations of the same)

=============

Thanks for reading. Please share this blog with your friends and family.

IPA - Short Q & A -1

Hello friends please welcome to this blog related to only notes. This blog is giving you notes on partnership law in India.

Watch the video.

Short Question and answers on Indian Partnership Act, 1932

Q. What is short name of Indian Partnership Act, 1932?

Ans. There is no specific short name for this Act, but in many contexts Act IX of 1932 or IPA Act, 1932 is used.

Q. What is purpose of Indian Partnership Act?

Ans. This Act is to define and amend the law relating to the partnership.

Q. When IPA had received the assent form Governor General?

Ans. on Dt. 8-4-1932.

Q. In which State the IPA Act was amended and in which year?

Ans. In its application in State of Maharashtra it was amended by 29^th Act of Maharashtra on Dt. 1-1-1985

Q. In which State it was not enacted?

Ans. In State of Jammu and Kashmir.

Q. Why it was not enacted in State of Jammu and Kashmir?

Ans. In State of Jammu and Kashmir, due to operation of Article 35A and Article 370 it was having special status and hence the IPA was not enacted in the State.

Q. On which day the Act was enacted across the India?

Ans. On Dt. 1-10-1932.

Q. Which Section of IPA was not enacted in 1932?

Ans. Section 69.

Q. When Section 69 of IPA was enacted?

Ans. On 1-10-1933.

Q. Who enacted the IPA Act?

Ans. The Act was enacted by Parliament of India.

Q. The IPA supersedes which Act?

Ans. The IPA Act superseded the earlier law relating to Partnership, which was contained in Chapter XI of the Indian Contract Act, 1872.

=======
Thanks for reading. Please share this blog with your friends.