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Legacy > Blog

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

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

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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Curbing Misleading Advertisements – A Birdview of the New Guidelines

To read the article on Mondaq,  click hereIntroductionThe Consumer Bill of Rights lists 6 important Consumer rights which are the Right to Safety, the Right to be Informed, the Right to Choose, the Right to be Heard, the Right to Seek Redressal and the Right to Consumer Education. As advertisements are an important and significant source of information related to the product and service quality & purpose, it becomes necessary that they give correct and true information to the intended consumer and are not mere baits to trap consumers to make them part with their hard earned money in exchange for...

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Haryana Land Pooling Policy, 2019 – A step towards Partnership in Infrastructural Development

To read the article on Mondaq,  click hereGovernment land acquisition techniques have undergone substantial developments and amendments. Whether it be in the form of full-fletched enactments or policies, the topic of land acquisition has maintained its position on the stance of priority on account of its importance in the infrastructural development of the State.While these policies and enactments have been diverse, their implementation has faced certain obstructions due to reasons ranging from the unavailability of land to the inability to purchase the same on account of extravagant quotation of prices by the landowners. The cumulative effect of these reasons has...

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New parameters on public procurement and project management Gagan Anand

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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Automated Smart Meters: The New-Gen system of electricity regulation

To read the Article on IJPIEL, click here “A massive revolution in the electricity utility of our daily lives is going to 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 announced that...

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Supreme Court Elucidates Registration Act: Production Of Original Copy Of Power Of Attorney Not Mandatory For Sale & Registration Of Property

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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High Court of Himachal Pradesh grants relief to Himani – Chamunda Ropeway Project Concessionaire

To read the Article on AsiaLaw, click here In a relief to the concessionaire company engaged to develop the Himani-Chamunda Ropeway project at Kangra district the Hon’ble High Court of Himachal Pradesh has granted relief to the company by way of issuing stay on encashment of the bank guarantee. The High Court in its order directed that the respondents including the concessioning authority for the project which is the state department of tourism and civil aviation are restrained from encashing the bank guarantee. Earlier, the department had issued notice of termination to Usha Breco Chamunda Devi Ropeway Private Limited citing default by the company....

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