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Author: legacy

Legacy > Articles posted by legacy (Page 2)

Supreme Court Elucidates Registration Act: Production Of Original Copy Of Power Of Attorney Not Mandatory For Sale & Registration Of Property

To read the Article on Mondaq, click here The Hon'ble Supreme Court in its recent judgment has clarified the interpretation of the Registration Act, 1908 ("Reg Act") in terms of production of original Power of Attorney ("PoA") to facilitate sale of property. It was strongly observed that there is no need to produce the original copy of the PoA to sell the property and register the same, merely producing a copy of the PoA shall suffice. This fair warning comes to light through the case of Amar Nath Vs Gian Chand1 which was adjudged by a bench of Justices K.M. Joseph and P.S. Narasima...

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High Court of Himachal Pradesh grants relief to Himani – Chamunda Ropeway Project Concessionaire

To read the Article on AsiaLaw, click here In a relief to the concessionaire company engaged to develop the Himani-Chamunda Ropeway project at Kangra district the Hon’ble High Court of Himachal Pradesh has granted relief to the company by way of issuing stay on encashment of the bank guarantee. The High Court in its order directed that the respondents including the concessioning authority for the project which is the state department of tourism and civil aviation are restrained from encashing the bank guarantee. Earlier, the department had issued notice of termination to Usha Breco Chamunda Devi Ropeway Private Limited citing default by the company....

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Boosting Infrastructure – Budget 2022-23

To read the Article on AsiaLaw, click here It would be apt to term the Budget, 2022-23 presented by the Hon’ble Finance Minister as “Atmanirbhar Bharat- Revisited”. Notably, the “Budget 2022” has been welcomed warm heartedly by the Infrastructure Industry. It has been heartening to see that the Government has made an attempt to deliver a “nation-building Budget” which primarily focusses on “core infrastructure” which is important for economic growth. It is clear that emphasis has been specifically laid on the Infrastructure industry and to look for better and efficient ways of recovery from the COVID-19 Pandemic. Overall, the Budget 2022-23 appears to achieve...

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Creating Funds For Infrastructure Projects: Govt’s NMP To Raise Capital Through Monetising Brownfield Assets

To read the Article on Mondaq, click here The government of India on 23rd August 2021 launched the National Monetisation Pipeline ("NMP") in consultation with NITI Aayog and secretaries of infrastructure ministries keeping in mind the mandate for asset monetisation under the Union Budget 2021-22. This pipeline of assets that the government shall monetise with the help of core assets has the potential to generate capital of 6 lakh crores from Financial Year ("FY") 2022 to FY 2025. This serious decision about investment is to cater to infrastructure projects that are currently planned and to additionally create a firm foundation for future projects. In...

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Setting aside of arbitral award only if against public policy: Supreme Court clarifies the extent of the role played by High Courts in hearing appeals

In a recent case bought before the Apex Court, it has been evidently defined that an arbitral award can only be set aside if the award is against the public policy of India. The case, Haryana Tourism Limited (“Appellant” or “Corporation”) V. M/s Kandhari Beverages Limited (“Respondents” or “Company”) is the product of a dispute that arose between both the parties in a transaction that dates back to 2001. The present appeal was heard and adjudged by a bench of Justices M.S. Shah and B V Nagarathna on 11 Jan 2022, filed by the Appellant against an order of the...

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National Capital To Witness Change In Tenancy Laws: Centre To Repeal Delhi Rent Control Act And Enact New Act Based On Model Tenancy Act

To read the Article on Legal500, click here “Real estate cannot be lost or stolen, nor can it be carried away. Purchased with common sense, paid for in full, and managed with reasonable care, it is about the safest investment in the world.”  – Franklin D Roosevelt   The urbanized parts of India are an oasis to the deserted opportunities and lifestyle in the rest of the sub-tropical nation. Urban housing has always been demanding owing to the constant migration of rural populations to cities in hopes of jobs and better lifestyles. The rapid increase in the urban population has led to the inevitable...

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Pegasus project – a conspectus of laws of surveillance and the concerns over privacy

To read the Article on International Bar Association, click here Gagan Anand Legacy Law Offices, New Delhi, Delhi anand@legacylawoffices.com Shreya Pahwa Legacy Law Offices, New Delhi, Delhi ​​​​​​​shreya.pahwa@legacylawoffices.com   The Pegasus Project investigation was brought to light by the Paris-based, non-profit media group, Forbidden Stories and Amnesty International. The reports have revealed a widespread misuse of NSO Group Technologies’ spyware, Pegasus. As per NSO, Pegasus was developed to be sold exclusively to vetted governments to aid law enforcement agencies and intelligence departments to fight crime and avoid terrorism. Yet, according to the leaked data, the spyware was being used as hacking software instead of its conventional use as...

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

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

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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Liquidated damages Gagan Anand

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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