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Author: legacy

Legacy > Articles posted by legacy (Page 5)
29 August
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A Glimpse into the Provisions under the Competition (Amendment) Act, 2023

Posted by legacy
in Laws Of Surveillance

To read the article on Mondaq, click here.The Competition Act, 2002, (hereinafter referred to as ‘Principal Act’) came into force on March 31, 2003, and has since undergone few amendments, thus leaving a wide scope for the progressive ways in which the anti-trust regime in India can be enforced.In lieu of such a dire need felt by the legislature, the Competition (Amendment) Act, 2023 (hereinafter referred to as ‘Act of 2023’) was published in the Indian Gazette after receiving the President’s assent on April 11, 2023. Through the enactment, robust reforms were brought within the law in order to bring...

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29 August
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The Validity of an Unstamped Arbitration Agreement: The NN Global Judgment

Posted by legacy
in Laws Of Surveillance

To read the article on Mondaq, click here.The Arbitration & Conciliation Act, 1996 (Arbitration Act) is a state-of-the art legislation based on the UNCITRAL Model Law on International Commercial Arbitration, 1985, and enforced with the objective of providing an alternative remedy to disputes in India. Being a well thought-out piece of legislation, the Act has been designed to preclude judicial scrutiny, except in certain limited circumstances, including where the existence of the arbitration agreement in itself, is put to question. In any other case, the Act has been repeatedly upheld to hold a preceding position as compared to other laws. The...

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17 April
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The Revolutionary Chat GPT And Its Legal Policies

Posted by legacy
in Laws Of Surveillance

To read the article on Mondaq, click  here The year 2022 marked a fresh and innovative beginning for the field of artificial intelligence (AI), wherein the technology was re-introduced in a more accessible and usable form to the public. While the roots of AI date way back to the era when Alan Turing's machine decoded the German code ‘enigma', it is needful to mention that the developments in the field since that war have been manifold. The most recent development was the introduction of a downloadable web application which acted as a chat-bot for people who were either curious about or...

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17 April
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Attorney Client Privilege In The AI Era

Posted by legacy
in Laws Of Surveillance

To read the article on Mondaq, click  here Recently, the world has seen landmark advancements in the field of artificial intelligence where one of the most popular innovation, has been the release of an application called Chat GPT, which has been described as an artificially intelligent chat-bot which generates user specific, human-like results for an individual. Chat GPT was designed by a company called Open AI, which is an AI research and deployment company based in the United States of America. Other than the said radical technology, the company was also responsible for the development of other artificially intelligent applications known...

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17 February
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Prices of Residential Plots in Panchkula Crash: No Construction Above Third Floor

Posted by legacy
in Property
Panchkula 4th Floor News

The recent announcement by the Haryana Government and HSVP regarding ban on construction of stilt plus 4 floor building in Panchkula District has not only provided respite for the residents of HSVP developed sectors protesting against apartmentalization of residential plots, it has also simultaneously provided relief to the bonafide purchasers of residential properties by way of making available plots and houses at affordable prices. The builders who had resorted to construction of stilt plus 4 floor apartments at residential plots meant to be independent dwelling units were making hefty profit by selling 4 apartments constructed over residential plots across Panchkula. It...

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14 December
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The Trending Moonlighting Era: Reflecting the light for a New Perspective

Posted by legacy
in Chamunda Ropeway Project Concessionaire

To read the article on Legal 500,  click here “It all started with a second pandemic, and the moon kept shining thereon” The year 2020 became infamous for several reasons and the most significant one being the Covid-19 pandemic that led to never-ending, exhausting, and draining lockdowns. These lockdowns not only gave a glimpse into what an apocalypse may appear like but also put an embargo on usual social interactions and confined individuals to their homes by hindering their access to the outside world. Under such unprecedented circumstances, the economy was dwindling and fading away into the melancholy and void created by...

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14 December
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Mahanadi Coalfields Ltd. And Another v. IVRCL AMR Joint Venture – Supreme Court On The Relevancy Of ‘Words’ And ‘Meaning’ In Interpreting An Arbitration Agreement

Posted by legacy
in Tenancy Laws

To read the article on Mondaq, click here Intent combined with commitment brings clarity of thought, which is a prerequisite for drafting an error-free arbitration clause in an agreement or contract. In cases where judges have to deal with an ambiguous arbitration clause, it poses a number of interpretive challenges. In a recent case of Mahanadi Coalfields Ltd. and Another v. IVRCL AMR Joint Venture1, the Court rendered an excellent judgment on the relevance of "words" and "meaning" in interpreting an arbitration agreement. The crux of the matter is, that it is quintessential for the courts to examine the validity...

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29 November
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3P|2.0 – Will the dream come true for India?

Posted by legacy
in Budget

To read the article on IJPIEL, click hereAbstractThe Public Private Partnership Framework of India is in dire need of robust Governmental intervention at a policy and implementation level. Considering this, the 3P India Plan by Late Mr. Arun Jaitley germinated in 2014. This Plan would be responsible for the regulation, management, and financial structures of Public Private Partnership Projects in India. Although the 3P India Plan’s building blocks were laid via the 2016 Budget, the same remained incomplete due to lackluster efforts by the then Government. However, efforts for this Plan were renewed via the 2019 Budget, whose results are...

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29 November
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Recorded Consent of Both Parties Enough for Courts to Remand the Matter to Same Sole Arbitrator

Posted by legacy
in Laws Of Surveillance

To read the Article on Mondaq, click hereUnder 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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28 July
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New parameters on public procurement and project management Gagan Anand

Posted by legacy
in Public Procurement

Note: This article was first published in Construction Law International, Vol 17 No 2, June 2022, and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association. Introduction The Central Vigilance Commission (CVC), the Comptroller and Auditor General (CAG) of India and the National Institution for Transforming India (NITI Aayog) [1], in cooperation with the Ministry of Finance (MoF) [2], have opened the way to the reorganisation of procurement and project management in India. India’s infrastructure has always been sluggish in terms of cost and time overruns and delays,    necessitating a review of procurement and project management...

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