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Author: legacy

Legacy > Articles posted by legacy (Page 2)
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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08 March
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SIMPLIFYING THE COMMERCIAL COURTS ACT, 2015

Posted by legacy
in Laws Of Surveillance, Published Articles
SIMPLIFYING THE COMMERCIAL COURTS ACT, 2015-IV

To read the article on Mondaq, click here. I. The Ban List: CPC, 1908 provision not applicable to Commercial Suits filed under the Commercial Courts Act, 2015 The Commercial Courts Act, 2015 (“Act of 2015”) is an improvement over the Code of Civil Procedure, 1908 (“Act of 1908”) in respect of commercial disputes. This Act is a handmaid to the Act of 1908 to provide speedy disposal of commercial suits. Various amendments have been made to the Act of 1908 in furtherance of the objectives of the Commercial Courts Act. Commercial suits are those where cause of action is arising out of a...

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08 March
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SIMPLIFYING THE COMMERCIAL COURTS ACT, 2015-II

Posted by legacy
in Laws Of Surveillance, Published Articles
SIMPLIFYING THE COMMERCIAL COURTS ACT, 2015-IV

To read the article on Mondaq, click here. II. Order XI : Disclosure Discovery and Inspection of Documents in Suit before the Commercial Division of A High Court or a Commercial Court The Order XI of Civil Procedure Code applicable to commercial disputes of specified value as introduced by the Commercial Courts Act, 2015 is different from the Order XI of Civil Procedure Code applicable to other Civil Disputes in material ways. This order has 7 rules divided into sub-rules and sub-sub-rules as opposed to 23 rules in the Order XI applicable to other civil suits. A brief, Rule-wise discussion is given .It...

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08 March
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SIMPLIFYING THE COMMERCIAL COURTS ACT, 2015-III

Posted by legacy
in Laws Of Surveillance, Published Articles
SIMPLIFYING THE COMMERCIAL COURTS ACT, 2015-IV

To read the article on Mondaq, click here. III. Order XIII-A: SUMMARY JUDGMENT Introduction A summary procedure of pronouncing judgment has been introduced through the addition of Order XIII-A applicable to the commercial suits of specified value. 1 It may be mentioned here that commercial suits involve monetary litigation between parties to a commercial contract and involve complex questions of facts and law often times requiring special attention of the Court. So far the remedy of summary procedure was available under Order XXXVII most commonly known as ‘Suits for Recovery’ where the lis involved recovery of amount due on a negotiable instrument or an...

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08 March
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SIMPLIFYING THE COMMERCIAL COURTS ACT, 2015-IV

Posted by legacy
in Laws Of Surveillance, Published Articles
SIMPLIFYING THE COMMERCIAL COURTS ACT, 2015-IV

To read the article on Mondaq, click here. IV. DEFENCE TO A CIVIL SUIT The Order IV: Institution of Suits of the Code of Civil Procedure, 1908 (hereinafter CPC) specifies that a suit shall be instituted by presentation of Plaint. The Order VI Rule 1 of the CPC 1 stipulates that pleading shall mean Plaint or Written Statement. The significance of a Written Statement filed by the Defendant is very well understood. A Suit becomes meaningful when it is contested on the basis of a well drafted Written Statement. The Commercial Court Act has added by way of amendment Rule 3A in Order VI, which...

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20 May
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Analysis Of The 2019 Amendments To The Citizenship Act (1955) And The 2024 Amendment To The Citizenship Rules 2009

Posted by legacy
in Published Articles

To read the article on Mondaq, click here. The Central Government has on March 11, 2024 notified the Citizenship Amendment Rules 2024 pending which the provisions of the Citizenship (Amendment) Act, 2019 could not be given effect to, even after receiving assent of the Parliament in December 2019. These rules lay down the procedural aspect of implementing the provisions of Citizenship Amendment Act, 2019. They are a handmaid to the Citizenship Amendments specially introduced in favor of according Indian citizenship status to certain persons. A brief discussion on the Citizenship Amendment Act, 2019 is necessary to understand the purpose of the...

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05 June
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Securing A Claim For Bonus In Arbitration: A Contractor’s Guide

Posted by legacy
in Published Articles

To read the article on Mondaq, click here. The Clause for Early Completion Bonus ('Bonus') is provided in works contracts with the intention to reduce the time taken for completion that would normally be required. This is done by incentivising the contractor with a right to claim a certain percentage of the contract price as a bonus in case the actual completion date precedes the scheduled completion date. The contract may provide for such Bonus on early completion of a milestone, substantial work, or the complete project itself before the scheduled completion date. The advantage of inserting such a provision in a...

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