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Author: Mr. Gagan Anand

Legacy > Articles posted by Mr. Gagan Anand

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

Disclaimer - This article was first published in Construction Law International in July 28, 2024 and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association. To read the article on IBA, click here 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...

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Construction, climate change mitigation and the right to be free from the adverse effects of climate change

Disclaimer - This article was first published in Construction Law International in July 28, 2024 and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association. To read the article on IBA, click here. ‘We know we are not on track to limit global warming to 1.5 degrees Celsius. The window for meaningful change is closing, and the time to act is now.’[1] In December 2023, in their meeting at the 28th United Nations Conference of Parties (COP28), over 198 signatory countries to the Paris Agreement, 2015 (the ‘Agreement’), resolved to undertake a ‘global stocktake’ and discuss...

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The story of the Tower of Babel inspires the present-day infrastructure industry in many ways

To read the article on Mondaq, click here. The story of the Tower of Babel inspires the present-day infrastructure industry in many ways. Where the biblical literature specifies that in order to deter the people from constructing a tower to heaven, God apparently caused confusion with respect to the languages of all the workers, thus rendering it impossible for them to understand one another, the ancient literature on the Tower of Babel offers an example into the modern-day project management failures on various levels. For Kenya, however, the construction of the Bunge Tower reprised the incident of the Tower of Babel, where...

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A Glimpse of the Draft Digital Personal Data Protection Rules in India

Disclaimer - This article was first published in Construction Law International on 12 February, 2025 and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association. To read the article on IBA, click here. Introduction On 3 January 2025, the Ministry of Electronics and Information Technology, as part of the Government of India, published the draft Digital Personal Data Protection Rules, 2025 (the ‘Draft DPDP Rules’), inviting comments and suggestions from the public until 18 February 2025. The Draft DPDP Rules are intended to supplement the Digital Personal Data Protection Act, 2023 (the ‘DPDP Act’), which was...

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Targeted Advertisements And Digital Personal Data Protection

To read the article on Mondaq, click here. A portion of the childhood memories of a substantial number of people of India is filled with beguiling jingles, which used to run on televisions, during the advertisement breaks between shows and cricket matches. In some cases, these tiny songs or parodies, being the primary method to promote goods and services at the time, became the identity of many brands, and became so closely associated with such brands so as to be continually used alongside their names. As time progressed, advancements in technology took place and the means to promote goods and services changed...

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The Management Of Construction & Demolition Waste And Viksit Bharat

To read the article on Mondaq, click here. Introduction It is an undeniable fact that the Construction and Infrastructure (C&I) sector plays an integral role in driving the economy of any developing country. For India, which has recently adopted a vision of attaining a 'Viksit Bharat', this role played by the C&I sector has attained a refreshed importance. One of the significant drawbacks, however, connected with robust construction activities is the substantial amount of solid waste generated on a daily basis, which has the direct effect on increasing the carbon footprint of not only the industry, but also the nation altogether. Recently, during the...

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The Revolutionary Chat GPT and its Legal Policies

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

Disclaimer - This article was first published in Construction Law International in July 28, 2024 and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association. To read the article on IBA, click here 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...

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New parameters on public procurement and project management

Disclaimer - This article was first published in Construction Law International in July 28, 2024 and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association. To read the article on IBA, click here 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 Finance2 (MoF), 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...

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The Validity Of An Unstamped Arbitration Agreement: The NN Global Judgment

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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