CatchNbowl

What is the parameter to measure success or failure of a cooperative? Search must be driven by differences with IOF, a normal corporate set up under company law in India, to a cooperative rather than looking at similarities. The spirit of cooperation transcends from stakeholders down to the front line of a successful cooperative organization. Organization structure if not rigid provides flexibility. Social physics of human collaboration is too complex to be mechanically embedded as in concrete reality or oriented on autonomous logic independent of environment and history such as propounded by neo-classical economics pervasive in business today. US agricultural cooperatives are successful, and many have their market value higher than the book value in many cases. Success for a cooperative however is more to do with the contribution to the community of interests (e.g., for an agriculture cooperative- education, information dissemination, farm inputs, infrastructure, market developm...

Government is formulating a new policy for cooperative sector. Dialogue seems to be restricted on issues like legal framework, identification of regulatory policy, operational barriers, level playing field to cooperatives, account keeping and auditing. Parliamentary standing committee advises to exercise prudence while chalking out activities so that federal features are not impinged upon. Cooperative is primarily a state subject in India as per the seventh schedule of constitution. A Multi-State Cooperative Act 1980 introduced at Centre for a purpose, last amended in 2002 by the center government, is likely to be tweaked once again. It seems necessary for improved operations in multiple states while providing a boost to action in this domain for higher investment. Cooperatives were under the administrative control of Ministry of Agriculture till July 2021. A structural shift has happened at top from a subset to an independent set up, a right move to unshackle from agriculture. New m...

Decision of respective Doctors in 2003 to let conjoint individuals live must have been challenging. The environment in which they were allowed to grow after their parents raised their hands too is creditworthy. Hats off to Sohna and Mohana to take on the society on its terms and emerge winner as they are successful in getting employed and have aspirations to contribute. Many challenges however open up in terms of Law and legal provisions. For example they have two votes but one salary? Two identities were given in society to a person in 2003 where going by mythology Ravan had one name but ten heads? There are few who would consider decision of Doctors, not to do required surgery such that the individual would have little chanllenges to live in a society so enamoured on physicallity , a question to debate. Furthermore is this event opening a new chapter in human evolution?

Human population has grown to billions and land mass is shrinking. Should we revisit the logic of ownership and inheritance? Recently High Court in India dumped a case from seemingly legal heir of Lal Kila (Red Fort) in India saying you are 157 years late. The property is being used by unlawful hands ( dispute is being raised for due process of compensation not followed). If law goes by a time bar, then justification of cause is suspect. No body owns a piece of land. Human take birth, live life and die. Government is using it for public good. The concept should be expanded to entire land mass. How laws of land can provide for exclusion of land by private ownership and then provide for succession in a family at huge cost to rest of community. Needless chaos is pervading on account of property ownerships and related disputes. Land is for public good. Humans can be happier if ownership of land is shared as a community like a cooperative. There should be a thought for future. Actions for...

  The EU has made its stance clear that investment arbitration in intra EU BITs are incompatible with EU law after the preliminary ruling by the CJEU in the case of Slovakische Republic Vs Achmea (C284/16) . This is also evident from the recent termination of the intra EU BITs by most of the member states by a Plurilateral Treaty which provides in Article 2 and 3 that the sunset clauses contained in those treaties shall not produce legal effect. However, the Plurilateral Treaty is not applicable to Energy Charter Treaty (ECT), which is a multilateral treaty to which the EU and as well as its member states, except Italy, are contracting parties. The ISDS provision in the ECT continues to be a legal basis for initiation of arbitration proceedings. Nonetheless, a situation can be seen as emerging, although hypothetical, that the Achmea ruling and the Plurilateral Treaty are applicable to the ECT and as a consequence of which investment arbitration is not available to foreign investor...

 Pandemic has struck few irrevocable marks on our collaboration potentials. Spirit of human intervention however shall remain undiminished. Few changes are of course inevitable in the way we work. Contracts and work from home concepts are in demand as never before. Save on fixed costs, utilize experienced resources with all due care of confidentiality. Technology and network accessibility has made it possible to procure work from any part of globe. Law firms, Arbitrators, Corporates can approach us for services on legal drafting such that they can focus on issues and make good use of  professional outreach and build on the bottom line. You may also contribute with your views , reviews, your opinion on current legal environment around you.👍 

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