Lex Juris

*IMPORTANT PROVISION OF THE DAY*

Section 3 in The Environment (Protection) Act, 1986---Power of Central Government to take measures to protect and improve environment. �

The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section (5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures.

*CASE REFERENCE*

_Vellore Citizens’ Welfare Forum v Union of India,WP 914/1991 (1996.04.26)_

The Supreme Court has directed the central government to constitute the ‘authority’ for the implementation of powers under section 3(3). Thus, the Court directed while keeping in the notice about the degrading quality of the environment that authorities should implement the ‘precautionary principle’ and ‘pollution pay principle’.

*WORD OF THE DAY*

Adscititious (adjective)--- acquired something from outside or extrinsic

*Synonyms*---- adventitious, additional, incidental

*Antonym*--- Intrinsic

*Example*---When releasing the second edition of the novel, the publisher included an *adscititious* chapter that wasn’t included the first time.

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*IMPORTANT PROVISION OF THE DAY*

Section 3(4) Competition Act,2002---- Any agreement amongst enterprises or persons at different stages or levels of the production chain in different markets, in respect of production, supply, distribution, storage, sale or price of, or trade in goods or provision of services, including—

(a) tie-in arrangement;
(b) exclusive supply agreement;
(c) exclusive distribution agreement;
(d) refusal to deal;
(e) resale price maintenance, shall be an agreement in contravention of sub-section

*CASE REFERENCE*

_Sodhi Transport Co. v. State Of U.P._

The apex court has interpreted ‘shall be presumed’ as a presumption and not evidence itself, but merely indicative on whom burden of proof lies. Further, vertical agreements relating to activities referred to under Section 3(4) of the Competition Act on the other hand have to be analyzed in accordance with the rule of reason analysis under the Competition Act.
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