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Coal India vs. Competition Commission of India: Case Analysis

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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A Glimpse into the Provisions under the Competition (Amendment) Act, 2023

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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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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India’s 2030 goals: a sustainable and technologically sound construction nation

To read the article on the IBA website, click  here As a developing country with the second largest population in the world, India is arguably highly dependent on construction. According to the submission made by the Ministry of Environment, Forests and Climate Change (MoEFCC) of India to the United Nations Framework Convention on Climate Change (UNFCCC) dated November 2022, the nation’s buildings account for 40 per cent of the country’s total energy consumption, with such energy use expected to increase at an annual rate of eight per cent. The MoEFCC further predicts the development and construction of over 900 million square...

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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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Attorney Client Privilege In The AI Era

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

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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Can # Hashtags be protected as Intellectual Property in India?

To read the article on Mondaq, click  hereIn an ever-evolving era of digitization and mobile telephony, social media has become a quintessential platform for business development and marketing. Companies and stakeholders swear upon the dependency of businesses on social media marketing in the present times. Businesses are jumping on the band-wagon of  social networking websites like Twitter, Facebook, Instagram, etc. for increasing their outreach to prospective consumers around the world in ways, one more innovative than the other.One such way is the usage of hashtags (#) to coin a new word or expression which can potentially connect large number of...

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

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

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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