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INDIAN STUDENT LAW REVIEW (ISLR) MODE OF CITATION- ISLR 2012 (<VOL. NO.>) <PAGE NO.> THIS EDITION SHALL BE CITED AS- ISLR 2012 (1) <PAGE NO> A Publication of THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY "Poompozhil", 5, Dr. DGS Dinakaran Salai, Chennai - 600 028 Tel: 044- 2464 1212; Fax: 044- 24617996; Email: www.tndalu.ac.in Published by: The Tamil Nadu Dr. Ambedkar Law University, ‘Poompozhil‘, 5, Dr. DGS Dinakaran Salai, Chennai- 600 028, India. ISLR 2012 © The Tamil Nadu Dr. Ambedkar Law University, Chennai. All rights reserved. No part of this publication may be reproduced, stored, in a retrieval system, or transmitted in any form or by any means, any electronic, mechanical, photocopying, recording, or otherwise without prior written permission of the Publisher / the Editorial Board. DISCLAIMER The views expressed in the papers incorporated in the journal are part of the authors and not necessarily of the Publisher. Price: Rs. 300/- per volume. Printed at: Mani Printers, Velappanchavadi, Chennai- 600077 EDITORIAL BOARD – ISLR 2012 CHIEF PATRON PROF. DR. V. VIJAYAKUMAR VICE- CHANCELLOR, TAMILNADU DR AMBEDKAR LAW UNIVERSITY PATRON PROF. DR. M. S. SOUNDARA PANDIAN DIRECTOR, SCHOOL OF EXCELLENCE IN LAW EDITOR-IN-CHIEF VARUN SRINIVASAN EXECUTIVE EDITORS SURASIKA PARTHASARATHY KASHYAP VENKATRAMANI SHARANYA VAIDYANATHAN ASSOCIATE EDITOR KARTHIK RAM MOHAN ASSISTANT EDITORS ARUN SUGAVANESHVAR HIRANMAYI NARAYANAN SHLOKA NARAYANAN PRASHAANTH . B FAIZA SAIT ASHWINI RAJU FACULTY ADVISORS PROF. DR. RAGHUNATHA REDDY (CHIEF FACULTY ADVISOR) ASSISTANT PROF. C. ELAIYARAJA ASSISTANT PROF. A. VIJAYALAKSHMI ASSISTANT PROF. DR. V. VASANTHA KUMAR HONORARY BOARD OF ADVISORS HON’BLE MR. JUSTICE P. HON’BLE MR. JUSTICE F.M. SATHASIVAM IBRAHIM KALIFULLA JUDGE, JUDGE, SUPREME COURT OF INDIA SUPREME COURT OF INDIA HON’BLE MR. JUSTICE HON’BLE MR. JUSTICE MARKANDEY KATJU M.N. VENKATACHALIAH CHAIRMAN, PRESS COUNCIL OF INDIA FORMER CHIEF JUSTICE OF INDIA, FORMER JUDGE, SUPREME COURT OF SUPREME COURT OF INDIA INDIA HON’BLE MR. JUSTICE HON’BLE MR. JUSTICE S. MURALIDHAR K. KANNAN JUDGE, JUDGE, DELHI HIGH COURT PUNJAB & HARYANA HIGH COURT HON’BLE MRS. JUSTICE PROFESSOR JOHN CERONE PRABHA SRIDEVAN DIRECTOR, CHAIRMAN, INTELLECTUAL CENTER FOR INTERNATIONAL LAW PROPERTY APPELLATE BOARD AND HUMAN RIGHTS, FORMER JUDGE, MADRAS HIGH NEW ENGLAND LAW SCHOOL, COURT BOSTON, USA MR. RAJU RAMACHANDRAN MR. ARVIND DATAR SENIOR ADVOCATE, SENIOR ADVOCATE, SUPREME COURT OF INDIA MADRAS HIGH COURT MR. R. KRISHNAMOORTHY PROFESSOR V. UMAKANTH SENIOR ADVOCATE, ASSISTANT PROFESSOR OF LAW, MADRAS HIGH COURT NATIONAL UNIVERSITY OF SINGAPORE HONORARY BOARD OF EDITORS MR. SANKARANARAYANAN MR. LAKSHMINARAYANAN EDITOR OF CTC JOURNAL (CURRENT DEPUTY EDITOR-IN-CHIEF, MLJ TAMILNADU CASES) (MADRAS LAW JOURNAL) ADVOCATE, MADRAS HIGH COURT ADVOCATE, MADRAS HIGH COURT MS. SWETHAA BALLAKRISHNEN MR. VISHNUVARDHAN SHANKAR LLM (HARVARD), COMMONWEALTH SCHOLAR, PHD (STANFORD) (CANDIDATE) BCL (OXFORD), LLM (HARVARD), ASSOCIATE, COVINGTON & BURLING LLP, LONDON MR. V. NIRANJAN MR. ANIRUDH KRISHNAN RHODES SCHOLAR, BCL(OXFORD) BCL(OXFORD), QUALIFIED AS A SOLICITOR OF ADVOCATE, ENGLAND AND WALES MADRAS HIGH COURT ADVOCATE, MADRAS HIGH COURT MR. NITHYAESH NATRAJ MR. V. VAIBHAV RANGARAJAN BA.B.L. (HONS.) BA.B.L (HONS.), ADVOCATE, LLM (UNIVERSITY OF CALIFORNIA, SUPREME COURT OF INDIA BERKELEY) PANEL OF EXPERT CONSULTANTS MR.T.R.RAJAGOPALAN MR. A. RAMESH SENIOR ADVOCATE, SENIOR ADVOCATE, MADRAS HIGH COURT MADRAS HIGH COURT MR. S. PARTHASARATHY MR. N.V. SRINIVASAN SENIOR ADVOCATE, MANAGING PARTNER, MADRAS HIGH COURT NVS & ASSOCIATES ADVOCATES & LEGAL CONSULTANTS MR. RAJESH NARAIN GUPTA MR. R. VENKATESH MANAGING PARTNER, PARTNER, AKKCA SNG & PARTNERS CHARTERED ACCOUNTANT ADVOCATES & SOLICITORS MR. N. DAMODARAN MR. R.S. VARDHARAJAN ADVOCATE, ADVOCATE, MADRAS HIGH COURT MADRAS HIGH COURT MR. A.VENKATRAMANI MR. N.L. RAJAH SANRAA MEDIA ADVOCATE, MADRAS HIGH COURT MR. SATHYANARAYANA MS. VINITHRA SRINIVASAN TAX CONSULTANTS DIRECTOR – OPERATIONS, NVS MACS PVT. LTD. TABLE OF CONTENTS Content Author No. Foreword Justice B.S. Chauhan i Message from the Chief Patron Dr. V. Vijayakumar iii Editorial Varun Srinivasan v Lecture: Hari Krishnan Endowment Lectures On Justice P. Sathasivam 1 Corporate Law Articles: Law Day And The Evolution Of Our Justice F.M. Ibrahim Kalifulla 22 Constitution Changing Dimensions In The Concept Of Justice M. Jaichandren 57 Corporate Social Responsibility Mediation - An Overview Sriram Panchu 76 Surrogate Motherhood: An Indian Legal Dr. Soundara Pandian 101 Perspective Legality Of Put Option Under The Securities Harshad Pathak 128 Contract Regulation Act, 1956 Patentability of Micro-Organism with Special Utkarsh Bhatnagar & 156 Harendar Neel Reference to The Indian Scenario Third World Approaches To International Law Priyadharshani Sinha 176 Military Unions and the Right to Collective Sahil Arora & Anchal Basu 199 Bargaining: A Case for Unionization in the Indian Armed Forces The Fair Dealing Doctrine & Safe Harbour Divya Srinivasan 215 Provisions for Intermediaries as Exceptions to Copyright Infringement: Steps in the Right Direction? Note: Arbitrability of Bribery Claims Nadja Al Kanawati & Krisztina 235 Balogh Case Comment: Offences by Companies: An Analysis on Aneeta Mihir Naniwadekar 249 Hada v. Godfather Travels Book Review: An Insider's View of the Kesavananda Bharati Alok Prasanna Kumar 259 Case: Book Review of the TR Andhyarujina's "The Kesavananda Bharati Case: The Untold Story of Struggle for Supremacy by The Supreme Court and The Parliament" 3. Janpath New Delhi-110011 Tel. :23012708 April 5, 2013 FOREWORD With the launch of this edition, The Indian Student Law Review is taking yet another step forward towards its goal of improving the flow of ideas, knowledge and information. The Law Journal in its second year, has made an attempt to expand its reach by circulating this edition internationally, thereby reaching out to the avid learners of Indian law, world-over. At the outset, such an effort is commendable and deserves great praise. The most significant literature in the legal profession is in the hands of law students. It is my belief that a law school journal must act as a forum for the expression of views and ideas on issues, which need careful deliberation and discussion. It must inspire and train further, students, to undertake serious research and writing that will make a difference to them and to the society. The Indian Student Law Review is an entirely student driven initiative as the same has been conceptualised, formulated and executed by students. The Journal provides an annual opportunity to not only consider a range of legal issues, but also to think about the numerous ways in which we may argue about, and study the law. This publication is an opportunity for the students to enhance the depth of their understanding and knowledge of the law, and to push their academic and intellectual boundaries. i This edition carries in it, lectures, articles, notes, case comments and book reviews of a very wide spectrum from different fields of law. Justice P.Sathasivam, Judge, Supreme Court of India's, lecture on the Companies Act, provides a detailed picture about the prospective Companies Bill 2011, the social responsibilities of companies and also as regards the Competition Act, 2002. Justice F.M. Ibrahim Kalifulla, Judge, Supreme Court of India, has emphasised the significance and essence of ‘Law Day', through his article titled, "Law Day & the Evolution of our Constitution", by charting out the evolution of our Constitution, by way of analysing our great constituent assembly debates. Justice M. Jaichandren, Judge, Madras High Court, makes an excellent presentation of how the Corporate Social Responsibility model can be made effective and can aid people with disabilities. The combined work of the aforementioned distinguished academicians, legal luminaries and students, gives us a reason to believe, that the Indian Student Law Review will become an important forum for discourse in the field of law, combining years of wisdom and experience, with the vigour of youth and fresh thinking. I look forward to the Indian Student Law Review's contribution to the legal field, and am confident that in the future, this journal will invite the attention of legal scholars and experts from across the globe. I convey my congratulations to the Editorial board for all their efforts in bringing out this edition and wish them the best in their future endeavours. (DR. JUSTICE B.S. CHAUHAN) ii MESSAGE FROM THE CHIEF PATRON At the outset I am very glad to know that the Second Volume of the Indian Student Law Review (ISLR) published by the students of the School of Excellence in Law of the Tamil Nadu Dr. Ambedkar Law University is ready for release. The maiden issue of the Indian Student Law Review has made such a nice impact that the Tamil Nadu Dr. Ambedkar Law University Journal (ALUJ) has taken a clue and formatted its publication on the lines of the Indian Student Law Review. On a positive note, this indicates the spontaneous move to change on the part of the Editorial Board of the ALUJ on one side as well as the quest for improving the standards of publications from the Tamil Nadu Dr. Ambedkar Law University. In this regard, I would like to place on record my sincere appreciation to the Editorial Boards of both the ALUJ and the Indian Student Law Review. The Second volume of the Indian Student Law Review has an article based on the Special Lecture delivered by Mr. Justice P. Sathasivam, Judge, Supreme Court of India, on the first C. Hari Krishnan Endowment Lecture on Corporate Law at the University last year. I sincerely hope that the best practice of publishing articles based on the special lectures organised at the Tamil Nadu Dr. Ambedkar Law University by eminent persons and experts get periodically published, both in the ALUJ and the Indian Student Law Review. Similarly, there is an article written by Mr. Justice F. M. Ibrahim Kalifulla to instil in the minds of young students of law and lawyers about the significance and essence of the ‘Law Day’.