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Author: legacy

Legacy > Articles posted by legacy
02 August
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Liquidated damages Gagan Anand

Posted by legacy
in Liquidated damages, Published Articles

Note: This article was originally published in Asia Pacific Regional Forum News, Volume 21 No. 2, August 2014 of the Newsletter and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association. To read the original article, click here Liquidated damages are an area of law that seems to mystify many legal scholars. In 1854, a New York Court of Appeals judge remarked that even the ‘ablest judges have declared that they felt themselves embarrassed in ascertaining the principle on which the decisions… were founded.’ This comment has remained strikingly valid. Simply stated, the courts continue...

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25 June
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India’s parliament introduces Bill to alter Arbitration Law: attempt to put an end to fraudulent practices

Posted by legacy
in Laws Of Surveillance, Published Articles

To read the article on IBA net,   click here India’s laws relating to arbitration are largely based on the English Common Law. The Indian arbitration regime is governed and regulated by the Arbitration and Conciliation Act 1996 (the ‘Principal Act’), which derives its basis from the 1985 United Nations Commission on International Trade Law (UNCITRAL) Model on International Commercial Arbitration and the UNCITRAL Arbitration Rules of 1976. The Principal Act was passed to consolidate the laws relating to domestic arbitration, international and commercial arbitration, enforcement of foreign arbitral awards, and the law relating to conciliation. Since its inception, the Principal Act...

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28 June
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The consolidation of India’s construction laws: a long overdue reform

Posted by legacy
in Construction Laws

To read the Article on International Bar Association, click here Gagan Anand Legacy Law Offices, India Shivani Anand Legacy Law Offices, India   India’s construction sector is a manifestation of scattered legislation and uncertainty in interpretation, leading to disputes and lingering litigation. Construction laws in India are governed by various legislation, ranging from the 1872 Contract Act, to extensive statutory provisions in labour laws including a few specific laws, such as the Building and Other Construction Workers Act, 1996 and other state-specific laws and regulations. The need for amalgamated construction law arises from the lack of a uniform format for construction contracts. This in turn creates problems of...

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27 April
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Automated Smart Meters: The New-Gen system of electricity regulation

Posted by legacy
in Automated Smart Meters

To read the Article on IJPIEL, click here “A massive revolution in the electricity utility of our daily lives is going to inevitable.” We live in a world where everything is almost too easily automated and technologically fuelled. With the advent of our environment becoming more self-operating and sustaining, our utilities have not been ignored from the picture. The Maharashtra State Electricity Distribution Company Limited(“MSEDCL”), earlier this year floated tenders for the installation of 10 lakh smart meters for domestic electricity users in the State. This radical initiative started way back in 2020, when our Finance Minister, Ms. Nirmala Sitharaman announced that...

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29 November
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Haryana Land Pooling Policy, 2019 – A step towards Partnership in Infrastructural Development

Posted by legacy
in Construction Laws, Uncategorized

To read the article on Mondaq,  click here Government land acquisition techniques have undergone substantial developments and amendments. Whether it be in the form of full-fletched enactments or policies, the topic of land acquisition has maintained its position on the stance of priority on account of its importance in the infrastructural development of the State. While these policies and enactments have been diverse, their implementation has faced certain obstructions due to reasons ranging from the unavailability of land to the inability to purchase the same on account of extravagant quotation of prices by the landowners. The cumulative effect of these reasons has...

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29 November
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Curbing Misleading Advertisements – A Birdview of the New Guidelines

Posted by legacy
in Laws Of Surveillance

To read the article on Mondaq,  click hereIntroductionThe Consumer Bill of Rights lists 6 important Consumer rights which are the Right to Safety, the Right to be Informed, the Right to Choose, the Right to be Heard, the Right to Seek Redressal and the Right to Consumer Education. As advertisements are an important and significant source of information related to the product and service quality & purpose, it becomes necessary that they give correct and true information to the intended consumer and are not mere baits to trap consumers to make them part with their hard earned money in exchange for...

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24 January
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Can # Hashtags be protected as Intellectual Property in India?

Posted by legacy
in Property, Uncategorized

To read the article on Mondaq, click  hereIn an ever-evolving era of digitization and mobile telephony, social media has become a quintessential platform for business development and marketing. Companies and stakeholders swear upon the dependency of businesses on social media marketing in the present times. Businesses are jumping on the band-wagon of  social networking websites like Twitter, Facebook, Instagram, etc. for increasing their outreach to prospective consumers around the world in ways, one more innovative than the other.One such way is the usage of hashtags (#) to coin a new word or expression which can potentially connect large number of...

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28 July
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India’s 2030 goals: a sustainable and technologically sound construction nation

Posted by legacy
in Laws Of Surveillance, Uncategorized

To read the article on the IBA website, click  here As a developing country with the second largest population in the world, India is arguably highly dependent on construction. According to the submission made by the Ministry of Environment, Forests and Climate Change (MoEFCC) of India to the United Nations Framework Convention on Climate Change (UNFCCC) dated November 2022, the nation’s buildings account for 40 per cent of the country’s total energy consumption, with such energy use expected to increase at an annual rate of eight per cent. The MoEFCC further predicts the development and construction of over 900 million square...

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07 March
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Determining the seat of arbitration

Posted by legacy
in Laws Of Surveillance, Published Articles

To read the article on the IBA Website, click here. The alternative dispute resolution mechanism of arbitration has been widely preferred by the parties owing to its accessibility and expedited procedures. In recent years, this preference has also extended to the sectors of commercial- and construction-related disputes, whether domestic or international. With an open option to mutually decide on the method, the dispute adjudicator, the applicable laws or even the place, arbitration has developed the reputation of actually serving its purpose of attaining an amicable settlement of disputes. However, owing to such a high number of decisions which have to be undertaken...

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07 March
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India: The need for climate-resilient infrastructure in disaster-prone India

Posted by legacy
in Laws Of Surveillance

To read the article on the IBA Website, click here. Climate change is undermining hard-earned development gains, trapping the poorest and most vulnerable in poverty, increasing malnutrition and exacerbating inequality.[1] The Covid-19 pandemic and economic crisis have been devastating, and as we support countries to respond to the ongoing crisis and build back, there is an urgent need to integrate climate and development strategies to deliver green, resilient, and inclusive development.[2] In September 2023, India hosted 19 countries and the European Union for the G20 Summit, held in the national capital of Delhi. In light of its increasing environmental conscience, the country...

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