Browsing Cases and Notes by Author "Pathak, Akhileshwar"
Now showing items 1-20 of 38
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The Airport Authority of India Case: Public Corporations and the Fundamental Rights
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2018-01-19)The Fundamental Rights, guaranteed by the Constitution of India, are very substantive rights. The rights, however, are available only against the ‘state’ as defined in Article 12 of the Constitution. The definition of ... -
The Airport Authority of India Case: Public Corporations and the Fundamental Rights: A Teaching Note
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2018-01-19) -
The Ajay Hasia Case: Society and the Fundamental Rights
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2017-08-19)The ‘state’ as defined in Article 12 includes ‘other authorities’, and these are subject to the constitutional limitations. The right to equality requires them to not act arbitrarily. A body which is an instrumentality or ... -
The Ajay Hasia Case: Society and the Fundamental Rights: A Teaching Note
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2017-08-19) -
Bank Guarantee and Performance Guarantee: Bond (Mis)described
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2017-03-29)Bank guarantee’ and ‘Performance guarantee’ are familiar financial instruments. More often than not, a party wants a demand bond and not a guarantee. A demand bond is payable on demand while a guarantee is payable only ... -
Battle of Forms: Butler Machine Tool Company Limited v. Ex-Cell-O Corporation
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2017-11-01)All business-to-business contracts have now come to be done on standard contract terms. Every company has its General Conditions of Contract on which it would deal with its customers. Business parties negotiate, converge ... -
Battle of Forms: Butler Machine Tool Company Limited v. Ex-Cell-O Corporation: A Teaching Note
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2017-11-01) -
Business Taxation: Text and Cases
Pathak, Akhileshwar (2010-09-08) -
Contractual Damages: Kailash Nath Associates v Delhi Development Authority
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2018-03-31)The Supreme Court judgement, Kailash Nath Associates v. Delhi Development Authority consolidates the law on award of liquidated damages and stipulations on penalties. Contractual damages are to cover losses and not to ... -
Contractual Damages: Kailash Nath Associates v Delhi Development Authority: A Teaching Note
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2018-03-31) -
Contractual Damages: Principles and Applications
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2017-03-10)Every contract has a chance of failure and for this reason, the award of damages for contractual breach is an important concern for businesses. The principle for award of damages is simple and centuries old. The principle ... -
Dr. Janel Jeyapaul v. SRM University: Private Organisations and Public Rights
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2017-09-26)A person can approach the High Court directly under Article 226 for a violation of a Fundamental Right. The Fundamental Rights, however, are available only against the bodies which are ‘state’ within Article 12 of the ... -
Dr. Janel Jeyapaul v. SRM University: Private Organisations and Public Rights: A Teaching Note
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2017-11-26) -
Formation of Contracts: Gibson v. Manchester City Council
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2017-10-25)Business contracts are formed through negotiations, where the parties agree on some terms, disagree on others and keep yet others undecided. Over a period of time, they see themselves as having moved from being negotiating ... -
Formation of Contracts: Gibson v. Manchester City Council: A Teaching Note
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2017-10-25) -
Online Pricing Mistakes
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2017-03-31)Online stores sell thousands of products and services. Despite all care, mistakes can get made. These mistakes can have severe implications for the seller. A contract once formed is normally binding on the parties. The ... -
Online Pricing Mistakes: A Teaching Note
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2017-03-31) -
Oral Agreements, Implied Terms and the Context: Wells v Devani
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2019-03-29)Most business contracts are meant to be in writing, on standard terms. However, with the facilities of communications, businesspersons will talk business on the phone. With this, contentions will arise, whether they were ... -
Oral Agreements, Implied Terms and the Context: Wells v Devani: A Teaching Note
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2019-03-29) -
Ousting Conditions and Warranties (Buyer's Rights): The Mercini Lady Case
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2018-03-14)