scholarly journals Legislative Note: Regulation 5(9) of the Combination Regulations under the Competition Act, 2002

1970 ◽  
Vol 4 (2) ◽  
pp. 197-204
Author(s):  
Chauhan Deo Singh Krishna

After the provisions relating to combinations under the Competition Act, 2002 were brought into force accompanied with the coming into force of the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, a number of uncertainties cropped up with respect to its applicability. Even after amending the regulations, in February 2012, the affected sectors still grappled with certain ambiguities in the finer details. One such issue deals with partial acquisition of an enterprise under Regulation 5(9) which has been discussed in this paper. It has been argued that no parameters have been laid down as regards the determination of the ‘purpose’ of the transfer of assets in cases where the transaction does not specify an express purpose. There have also been issues with regard to interpretation of these regulations in as much as even a liberal interpretation of these regulations would render the objectives of these regulations unfulfilled. Also, the dissonance between the global and Indian interpretation of these Regulations has inconvenienced the stakeholders. Taking these issues into account, it has been concluded that appropriate guidelines should be laid down to ensure that ‘purpose’ of the transaction can be determined with certainty and unrelated transactions are not treated as forming part of the same transaction. It has also been concluded that following the internationally accepted position in this area of law may actually be a beneficial position to take. The paper subscribes to doctrinal research through the use of primary and secondary sources of information, which have been critically analysed.

2015 ◽  
Vol 7 (3) ◽  
pp. 176-194 ◽  
Author(s):  
Adam Connell ◽  
Jim Mason

Purpose – The purpose of this paper is to demystify the meaning of the term “consequential loss” in relation to the practice of construction law. Parties may have different understandings of the term and typically an exclusion clause will not solely relate to consequential loss, but will also include other heads of losses for which the party will not be liable for, such as loss of profit, loss of revenue and loss of business. Design/methodology/approach – The question emerges as to whether the term consequential loss has a definitive legal meaning in its own right. This study seeks to ascertain the definition of the term consequential loss within the construction industry through a review of the legal position regarding liability for breach of contract and consequential loss through the consideration of the case law relating to this topic and the associated secondary sources of information. Findings – The study concludes by elucidating a clear interpretation of the term consequential loss and guidance of how it should be used in contract law. Originality/value – Recent cases and established authorities are considered together for the first time in this work which assists in the development of legal principles of direct and indirect losses and the determination of how they apply to the built environment.


Patan Pragya ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 122-132
Author(s):  
Laxman Singh Kunwer

This paper examines the history and current situation of foreign labour migration in Nepal, which is in increasing trend. This paper highlights on some major push and pull factors, impacts of labour migration and remittances. The role and impacts of remittances in Nepal are also another key issue of this paper. The objective of paper is to discuss historical aspects and highlights the role of remittances in Nepal. The paper is developed with the help of secondary sources of information and discussed only on Nepalese foreign labours. The existing exploitative working environment in destinations of Nepalese migrations labpurs, lack of skills and trainings among labour migrants including government to government agreement between labour sending (Nepal) and labour receiving countries to protect rights of labour migrants also has been discussed. This paper also highlights the need of effective foreign labour policies based on scientific research. There is need of reliable and proper environment of investment of remittances in productive sectors as well as use of migrant's skills and knowledge to achieve prosperity of nation.


2020 ◽  
Vol 1 (2) ◽  
pp. 77-92
Author(s):  
Rotimi Williams Omotoye

Pentecostalism as a new wave of Christianity became more pronounced in 1970's and beyond in Nigeria. Since then scholars of Religion, History, Sociology and Political Science have shown keen interest in the study of the Churches known as Pentecostals because of the impact they have made on the society. The Redeemed Christian Church of God (RCCG) was established by Pastor Josiah Akindayomi in Lagos,Nigeria in 1952. After his demise, he was succeeded by Pastor Adeboye Adejare Enock. The problem of study of this research was an examination of the expansion of the Redeemed Christian Church of God to North America, Caribbean and Canada. The missionary activities of the church could be regarded as a reversed mission in the propagation of Christianity by Africans in the Diaspora. The methodology adopted was historical. The primary and secondary sources of information were also germane in the research. The findings of the research indicated that the Redeemed Christian Church of God was founded in North America by Immigrants from Nigeria. Pastor Adeboye Enock Adejare had much influence on the Church within and outside the country because of his charisma. The Church has become a place of refuge for many immigrants. They are also contributing to the economy of the United States of America. However, the members of the Church were faced with some challenges, such as security scrutiny by the security agencies. In conclusion, the RCCGNA was a denomination that had been accepted and embraced by Nigerians and African immigrants in the United States of America.


2011 ◽  
Vol 14 (2) ◽  
pp. 101-123 ◽  
Author(s):  
Małgorzata Koszewska

An overview of the Western European literature shows that one of the most distinct trends in consumption that has been noted in the recent years is globally increasing environmental and social awareness. The issue of consumers' behaviours and attitudes towards "socially responsible products" has been gaining importance in Polish economy as well. This article evaluates the development prospects of ethical and ecological consumption in Poland vis-a-vis Western European countries. The comparative analysis being part of the article utilizes primary sources of information, i.e. interviews with a representative sample of Polish adults, as well as secondary sources of information. A factor analysis or, more precisely, a principal component analysis, allowed dividing Polish consumers into groups that were typologically homogeneous in respect of their sensitivity to various aspects of business ethics and ecology.


2012 ◽  
Vol 2 (1) ◽  
pp. 188 ◽  
Author(s):  
Keratilwe Bodilenyane ◽  
Baakile Motshegwa

AbstractThe purpose of this research paper was to explore how HIV/AIDS manipulate nurses’ perception of their workload and pay in the era of HIV/AIDS in Gaborone and the surrounding areas of Botswana. The health care sector in Botswana is overwhelmed by HIV/AIDS, and this takes a toll on the nurses because they are the ones at the forefront in the fight against this demanding and risky illness at the workplace. The focus in this study was on the workload and pay in the era of HIV/AIDS. The general picture that emerges from the current study is that nurses are dissatisfied with their pay and to some extent the workload and this supports some of the earlier studies which reinforce their importance in the workplace. The study used both primary and secondary sources of information. For the purpose of this study convenience sampling was used. A questionnaire was used for data collection. The study adapted Index of Organizational Reactions (IOR). The findings of the current study will help the government to design strategies that will increase the level of job satisfaction among the nurses in the public health care sector of Botswana.


2021 ◽  
Vol 7 (2) ◽  
Author(s):  
Sofwan Hadikusuma

This paper is intended to explain the methods used by experts in determining the contracts used in electronic money transactions. The focus of this paper is not only on contract determination, but how a contract is embedded in electronic money transactions. This research is a qualitative research wich uses descriptive-analytic method. Data obtained from secondary sources such as books, journals, websites, and relevant documentation. The results showed that in principle, there are two methods in determining the contract in a muamalah transaction. The first method uses the editorial approach (words) which focuses on the contract words, and the second uses the substance (meaning) approach which considers the contract based on the aims and objectives of the contract as seen from the form of the agreement as well as the rights and obligations obtained by each party. Regarding the topic of discussion, it can be concluded that the determination of the contract in electronic money transactions uses a meaningful approach. That because the consideration used in determining the electronic money contract is based on the form of the transaction that occurs between the parties, not just the existing words.


Author(s):  
KAMARUL AFENDEY BIN HAMIMI ◽  
AHMAD ZULLAILI BIN ZAMRI

Kertas kerja ini menganalisis peranan Ustaz Abu Bakar al-Baqir iaitu lama reformis tempatan yang konsisten menentang British sehingga terpenjara pada 1948. Beliau turut menubuhkan Maahad al-Ehya Assyariff untuk memodenkan sistem pendidikan pondok di samping meniupkan semangat kemerdekaan kepada pelajar dan masyarakat di sekelilingnya. Objektif kajian ini adalah untuk mengetengahkan sumbangan Ustaz Abu Bakar al-Baqir sebagai seorang ulama dan pejuang kemerdekaan menentang British sekitar 1934 sehingga 1957 di Perak. Kajian ini berbentuk historiografi yang menggunakan kaedah kualitatif dengan pendekatan analisis kandungan. Dua jenis sumber digunakan dalam kajian ini iaitu sumber primer dan sekunder. Sumber primer adalah seperti mendapatkan dokumen dan fail di Arkib Negara Malaysia, sumber pejabat kolonial British di samping menemu bual ahli keluarga dan murid Ustaz Abu Bakar al-Baqir. Sumber sekunder pula diperoleh melalui buku, surat khabar dan kertas kerja seminar yang berkaitan dengan perjuangan beliau. Hasil kajian mendapati para pelajarnya terdedah dengan semangat kemerdekaan ini ekoran guru-guru reformis dari Indonesia yang terdedah dengan perjuangan menentang Belanda mengajar di Maahad al-Ehya Assyariff. Selain itu, hubungan baik Ustaz Abu Bakar al-Baqir dengan Ibrahim Yaakub selaku penggerak Kesatuan Melayu Muda (KMM) dan Dr. Burhanuddin al-Helmy yang memimpin Parti Kebangsaan Melayu Muda (PKMM) menjadikan Maahad al-Ehya Assyariff sebagai markas politik menentang British sehingga tertubuhnya Parti Hizbul Muslimin di bawah pimpinan Ustaz Abu Bakar al-Baqir. Kata kunci: Maahad al-Ehya Assyariff, Hizbul Muslimin, British, Kaum Muda, Parti Kebangsaan Melayu Malaya (PKMM), Kesatuan Melayu Muda (KMM). This paper attempts to analyze the role played by Ustaz Abu Bakar al-Baqir, a local reformist religious leader who consistently opposed the British until he was imprisoned by them in 1948. He established the Maahad al-Ehya Assyariff with the aim of modernizing the religious education system besides stoking the spirit of freedom among his students and the society around him. The objective of this study is to highlight the contributions of Ustaz Abu Bakar al-Baqir as a religious leader as well as a freedom fighter who opposed British rule in Perak from around 1934 until 1957. This is a historiographical research which uses qualitative methodology with a content analysis approach. Two different sources of information are used for this study namely primary and secondary sources. Primary sources include documents and files from the Malaysian National Archives and official documents from the British Colonial office, besides interviewing family members as well as former students of Ustaz Abu Bakar al-Baqir. On the other hand, secondary sources include books, newspapers and seminar report relating to his struggle. The findings of the study show that his students were exposed to the struggle for Independence through the direct influence of the reformist teachers from Indonesia who were teaching at the Maahad al-Ehya Assyariff. These teachers had already been involved in the fight against the Dutch colonialists in Indonesia. In addition to this, the close relationship of Ustaz Abu Bakar al-Baqir with Ibrahim Yaakub, the primemover of Kesatuan Melayu Muda (KMM) and Dr. Burhanuddin al-Helmy, the leader of Parti Kebangsaan Melayu Muda (PKMM), projected Maahadal-Ehya Assyariff as the political front that opposed British rule until the founding of the Parti Hizbul Muslimin under the leadership of Ustaz Abu Bakar al-Baqir. Keywords: Maahad al-Ehya Assyariff, Hizbul Muslimin, British, Kaum Muda, Malay Nationalist Party (MNP), Young Malays Union.


2021 ◽  
Vol 29 ((S2)) ◽  
pp. 221-248
Author(s):  
Mst. Rezwana Karim

This study aims to evaluate the provisions concerning the protection of elderly parents in the international and national legal framework and also in major religious scriptures in the context of Bangladesh. Based on the secondary sources of information, the study has observed that in spite of ample provisions, parents are not fully protected from abuse. Besides international conventions, the Parents’ Maintenance Act (PMA) 2013 and Islamic principles concerning parents are the key sources providing sufficient guidance for the protection of elderly parents in the Muslim majority Bangladesh. Although there are provisions of punishment for failing to provide parents’ maintenance in the existing law, very little improvement is observed concerning their maintenance. This study suggests the incorporation of the provision to enforce children to return the property of their parent, in the event they failed or declined to take care of their elderly parents. The study has emphasized the need to increase awareness pertaining to maintenance and related laws amongst citizens through mass campaigns. The further initiative should be undertaken to ignite the young generation with religious and moral values. Early implementation of the PMA’s draft rule is suggested for the assurance of parent’s maintenance in Bangladesh. 


2021 ◽  
pp. 147-151
Author(s):  
Roberta Varriale ◽  
Fabiana Rocci ◽  
Orietta Luzi

In recent years, the Italian national institute of statistics (Istat), together with most National Statistical Institutes, is progressively moving from traditional production models based on the use of primary source of information - represented by direct surveys - to new production strategies based on the combined use of different primary and secondary sources of information. As result, new multisource statistical processes have been built, that guarantee a major improvement of both amount and quality of information about several phenomena of public interest. In this context, the Total Process Error (TPE) framework has been recently proposed in literature for assessing the quality of multisource processes. The TPE framework represents an evolution of the Zhang’s two-phase life-cycle approach and it additionally includes an operational tool to connect the steps of the multisource production process to the phases of the quality evaluation framework. TPE framework can be used both to support a multisource process design and to monitor an entire production process, in order to provide key elements to assess the quality of both the processes and their statistical outputs. In the present work, we describe as a case study in the new context of Istat production of official statistics the use of the TPE framework to support the process design of the Register for Public Administrations.


2019 ◽  
Vol 4 (2) ◽  
pp. 132-148
Author(s):  
Badri Nath Bhatta

The study areas of anthropology have been growing day by day. Therefore, it has concerned with various parts of society such as sanitation, water supply, poverty, traditional practice, folk music, tourism etc as multidisciplinary areas. In fact, anthropology and tourism are co-evolutionary process in the path of their developments because they help each other in many ways. Traditionally, tourism and tourist are major anthropological sources of information to analyse the situation of then and present society and culture. Similarly, tourist can enjoy visiting any places by learning anthropological knowledge and findings. Methodologically, this is based on field observation, interview and other secondary sources to analyse the scenario. After the introduction of democracy in Nepal, she has been opened to outsiders. As a result, Sir Edmund Hillary as foreigner visited Nepal. Hillary with Tenzing Norgy Sherpa successfully climbed the Mount Everest in 29 May, 1953 at the first time. Then the glorious name of Nepal has become famous in the world. The tourism industries have been initiated from Thamel, Solukhumbo, Pokhara and then gradually extended in other parts of the country. Tourism at present period has popular pursuit in several parts of Nepal involving from hotel, lodge, guide, restaurant, expedition to home stay and other businesses. Lamjung has own identity in tourism perspective. The Ghalegaun is famous in SAARC level as model program for the home stay concept. From perennial snow peaks, biodiversity to natural forest of rhododendron in mountain to hill parts in the north and plain narrow valley in the south to develop cultural lives can be observed there. Lamjung has been enriched in different culture, fest and festivals. Paudure dance among the Kumal, bees hunting in steep slope rocky hills to Rodi in the Gurung have their own identity popular in the district.


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