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Legacy > Blog (Page 3)

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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AI In Construction – Calculating The Risks And The Laws

To read the article on Mondaq, click here. Artificial Intelligence (AI) is the 'new thing' that will transform every economy. It has the capability of streamlining processes, the manner of thinking, and the performances of each sector. However, there still remain a number of wrinkles, which need ironing in terms of the widespread adoption of AI and other machine learning data driven technologies, including the need for legislations, or ratification of international treatises for governing the use and scope of the technologies as well as the determination of responsibilities in case of a default committed on account of such use. Construction and...

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A Grim Tale Of Two Towers – Apex And Ceyane

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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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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Dawn Of The SEBI – Certified ESG Rating Firms: Bridging The Gap Between Governance And Sustainable Investment

To read the article on Mondaq, click here. Introduction As the global financial markets undergo a seismic shift towards sustainable investments and finance, Environmental, Social, and Governance (ESG) considerations have evolved from a peripheral concern to a defining pillar in corporate strategy built on sustainable and responsible business practices. Today, ESG is no longer a choice or a mere checkbox for the sake of compliance- it is turning into an indispensable element of businesses of the modern day, serving as an indicator of systemic risk mitigation and long-term financial resilience, shaping investment decisions and corporate governance. However, despite the increase in ESG-driven...

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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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Bournvita Controversy: Losing The ‘Health Drink’ Tag

To read the article on Legal500, click here. A spark that surfaced recently on social media platforms has kindled a new contentious discussion in India. Our childhood favourite ‘Bournvita’ is being examined for its claim of being a ‘health drink’ for youngsters. The row surfaced when, in April 2023, Revant Himatsingka, who was holding a prominent finance job in the US, sacrificed his lucrative salary and returned to India to spearhead a ‘nutrition revolution’. Revant, who had around 1000 followers then, uploaded a video to his social media handle targeting Bournvita and claiming that the ‘health drink’ contains dangerously excessive amounts of...

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Concurrent Delays In Infrastructure Projects & The Indian Contract Act, 1872

To read the article on Mondaq, click here. "Delay" in infrastructure projects has become the norm, whereas timely completion of the project has become the exception. During the execution of an infrastructure project, the parties may encounter several events which delay the execution and completion of the Project. Delay in completion of projects brings with itself a host of questions left to be determined by contract administrators, courts and tribunals. At its core, lies the question - who is responsible for the delay? & consequences thereof! If the delay is occasioned by any act of the Employer ("Employer's Delay Event"), the Contractor will...

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