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Ensouth Our Newsletters

December -2006
 
 
  1. Messages : Managing Partnerís message
  2. Comment : Deal or No Deal?
                     
      (The Jet-Saharaís wrecked deal has important pointers on why   
                          mergers unwind and why contracts fail)
  3. Comment : The War Against Pesticides
                        (Why should it target only cola companies?)
  4. Comment : Hang Clemency
                        (A Presidential pardon is not a royal whim but an executive 
                         discretion to be judiciously exercised)
  5. Comment : Media Trials
                        (Has the law been followed in the Priyadarshini Matoo case?)
  6. Initiative : Our Workshop Program schedule                   
 
Managing Partners Message

Since every day front news events have grave legal issues facing them, to speak nothing of the consequences, we bring for you this time our published comment on four events that dominated our media and indeed even our parliamentarians in some cases, for a long time.

 

1.       Set in the context of the failed Jet-Sahara merger, deal or no deal explores the legal principles that govern deals that fall through because certain conditions precedent are not met. It also discusses the manner in which it is possible to undermine a deal by deliberately having approvals blocking. 

2.       Although things have quieted down for now, the fact remains that India's water resources are grotesquely contaminated because of our indiscriminate quest for higher agricultural yield yet this is a crime against our people that corporate India is expected to pay for. This time, we look at the law's view on the failure of beverage companies to remove all traces of pesticides from the drinks they sell. 

3.       The uproar over the impending hanging of a terrorist does not take away from the fact that Indian polity has unhesitatingly sought to advise the president on how he is to exercise his own prerogative. We explore the question if the president's power to grant pardon to a convicted criminal is subject to judicial review. 

4.       Although urban India has leaved a sigh of relief that justice has finally been done in the Priyadarshini Matoo murder case, lawyers would argue that propelled by a belligerent and vociferous press, the prosecution has extracted a conviction from a case that it did everything in its power to kill. We ask if it is right to expect a court to dispense with a strict constructionist technical view of the law and render decisions on larger considerations of justice simply because the executive has failed us. 

         We wish you a Merry Christmas and a Happy New Year.

 

Ranjeev C Dubey

 

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