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Author: Mr. Gagan Anand

Legacy > Articles posted by Mr. Gagan Anand (Page 2)
05 June
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Coal India vs. Competition Commission Of India: Case Analysis

Posted by Mr. Gagan Anand
in Published Articles

To read the article on Mondaq, click here. One of the basic rules of interpretation states that no provision of a statute should be read in isolation to the other statutes and that while interpreting a law, it should be presumed that the Parliament, at the time of making such law, was well aware of the existence of all the other laws in force in India. This rule, also known as the ‘rule of harmonious construction', being one of the cardinal principles of interpretation of statutes, recently formed the basis of the decision in the recent case of Coal India Limited &...

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

Posted by Mr. Gagan Anand
in Published Articles

To read this 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....

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05 June
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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

Posted by Mr. Gagan Anand
in Published Articles

To read the article on Mondaq, 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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20 May
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Complex construction arbitrations and duty of care of arbitrators: Satluj v Jaiprakash Hyundai case analysis

Posted by Mr. Gagan Anand
in Published Articles

Disclaimer - This article was first published in Construction Law International on 20 December, 2023 and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association. To read the article on IBA, click here. In the recent case of Satluj Jal Vidyut Nigam Ltd v Jaiprakash Hyundai Consortium & Ors[1] (hereinafter referred to as ‘Satluj v Jaiprakash’), the Hon’ble High Court of Delhi, while dealing with a challenge to an award passed in a construction-related dispute, observed that in the context of construction contracts, the amounts involved are usually astronomical. The judgment, passed on 12 July 2023, sought...

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10 February
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Supreme Court upholds NGT’s ruling, orders the illegal construction to be razed: Everything that went wrong with a PPP project

Posted by Mr. Gagan Anand
in Articles, Legal Advice

“If human society is to stay within the bounds of critical ecological thresholds, it is imperative that environmental laws are widely understood, respected and enforced and the benefits of environmental protection are enjoyed by people and the planet.”[i]   The Supreme Court vide its judgment dated January 12, 2021 has upheld the ruling of the National Green Tribunal (“NGT”) passed in 2016 regarding demolition of an illegal hotel-cum-restaurant structure built on forest land for the Himachal Pradesh Bus Stand Management and Development Authority (“HPBSM & DA”), the appellant in the instant case. The Court held that the construction constitutes a brazen violation...

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25 January
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The Merchant Shipping Bill, 2020: A step forward

Posted by Mr. Gagan Anand
in Legal Advice
blog

The Merchant Shipping Bill, 2020: A step forward "We can't control the wind, but we can direct the sail." India has a strategic location on the world's shipping routes, being the sixth largest maritime country in the world, with a coastline of approximately 7,517 km. According to the Ministry of Ports, Shipping and Waterways (the Ministry), India's 95 % trade by volume and around 70 % trade by value is done through maritime transport. This indicates how the Shipping Industry plays a predominant and valuable role in sustaining growth in the country's trade and commerce. Relying on the Indian Government's vital...

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