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Author: legacy

Legacy > Articles posted by legacy (Page 3)
05 June
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Automated Smart Meters: The New-Gen System of Electricity Regulation

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To read the article on Mondaq, click here "A massive revolution in the electricity utility of our daily lives is going to be 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...

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05 June
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A Grim Tale Of Two Towers – Apex And Ceyane

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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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05 June
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Recorded Consent Of Both Parties Enough For Courts To Remand The Matter To The Same Sole Arbitrator

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To read the article on Mondaq, click here Under the Arbitration and Conciliation Act, 1996 ("the Arbitration Act"), there is a recourse available to parties to challenge the arbitral award passed. Section 34 of the Arbitration and Conciliation Act, 1996 has witnessed many interpretations and judgments that shape the ambit under which an award can be challenged. This Section holds great accord for party autonomy and minimal interference from the judiciary. It may also be stated that party autonomy is the soul of arbitration. Recent development in the law in the form of the Supreme Court holding in Mutha Constructions v Strategic Brand...

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05 June
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Simplifying The Commercial Courts Act, 2015: III. Order XIII-A: Summary Judgment

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To read the article on Mondaq, click here. 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 admitted monetary liability. Now, by the addition...

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05 June
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Simplifying The Commercial Courts Act, 2015: IV. Defence To A Civil Suit

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

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05 June
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Simplifying The Commercial Courts Act, 2015: II. Order XI: Disclosure Discovery And Inspection Of Documents In Suit Before The Commercial Division Of A High Court Or A Commercial Court

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To read the article on Mondaq, click here. 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 is necessary to start the discussion by referring to the last Rule 7 of this Order. Under Rule 7: Certain provisions of the Code of...

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05 June
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Boosting Infrastructure – Budget 2022-23

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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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20 May
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A Grim Tale Of Two Towers – Apex And Ceyane

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To read the article on Mondaq, click here On 28th February, 2022, the Supreme Court was informed how the demolition of two 40-storied towers, T-16 and T-17 namely Apex and Ceyane belonging to the Emerald Court Project of Supertech Builders would be carried out in phased manner with the use of specialized blasting procedure. During the demolition, the area would be declared a no-fly zone and would be completely evacuated. The demolition would be completed by May 22, 2022. Background of Dispute: The Emerald Court Owner Resident Welfare Association had approached the Allahabad High Court in 2012 alleging that the Developer was constructing...

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19 May
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Legacy Law Offices LLP acts on EMS Limited IPO

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in Press Release

EMS Limited, earlier known as EMS Infracon Private Limited, a Delhi National Capital Region (NCR) based company has filed its draft red herring prospectus (DRHP) with the Securities and Exchange Board of India (SEBI). The company is making its first public offer to raise funds through an initial public offering (IPO) for a fresh issue of equity shares worth up to Rs. 180 crores ($ 21.9 million) and an offer-for-sale (OFS) of up to 82.94 lakh shares by the promoter of the company, Ramveer Singh. At present, Singh holds a 97.81 per cent stake in the company. The company, EMS Limited,...

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

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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. The company on its part...

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