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Author: legacy

Legacy > Articles posted by legacy (Page 3)
05 June
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Simplyifying the Commercial Courts Act, 2015

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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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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

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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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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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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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