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Author: legacy

Legacy > Articles posted by legacy (Page 2)
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

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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

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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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05 June
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Simplyifying the Commercial Courts Act, 2015

Posted by legacy
in Published Articles

To read the article on Mondaq, click here. 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...

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05 June
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The Changing Phases Of Arbitration Laws In India

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in Published Articles

To read the article on Mondaq, click here Arbitration Law in India is governed chiefly by Arbitration & Conciliation Act, 1996 (Act) which is based on the UNCITRAL model and came into force on August 22, 1996. This Act's primary objective is to provide speedy and effective dispute resolution for both International & Domestic commercial arbitration, Conciliation and Enforcement of Foreign Awards in India. Significantly, filing of an application under section 34 provided automatic stay of Awards by convention till 2015 Amendment came into picture. The Act is an evolving legislation and has gone through major amendments in 2015, 2019 and more...

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05 June
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Quoting Identical Prices In Tender Not Itself A Conclusive Proof Of Bid Rigging

Posted by legacy
in Published Articles

To read the article on Mondaq, click here. Introduction In respect of an open tender for surgical tapes dated 26.05.2016 invited by the All India Institute of Medical Sciences (AIIMS) (hereinafter, referred as the "Tender"), the Competition Commission of India (CCI) on a letter received by it dated 26.05.2016 from the Assistant Store Officer of AIIMS, took suo moto cognizance on the allegation of cartelization between two of the thirteen bidders of the Tender, namely, Romsons Scientific & Surgical Industrial Private Limited (hereinafter, referred as "Romsons") and BSN Medical Private Limited, now Essity India Private Limited (hereinafter, referred as "BSN" or "Essity"). It was noted by the CCI...

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05 June
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E-Commerce Rules 2020, A Boon Or A Bane?

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in Published Articles

To read the article on Mondaq, click here. Introduction: Buying products off of an online marketplace or an e- commerce ecosystem might seem a bit daunting of a task especially after all the recent reports of scams and unfair trade practices that users of such platforms are falling prey to. In order to deal with such an issue, the Government had to take certain steps in order to protect the consumer from such malpractices and to reinstate their trust in such online ecosystems and to enable its care-free utilisation. Keeping that in mind, the Consumer Protection (E- Commerce) Rules, 2020 ("Act") have been...

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