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Legacy > Blog (Page 3)

Analysis Of The 2019 Amendments To The Citizenship Act (1955) And The 2024 Amendment To The Citizenship Rules 2009

To read the article on Mondaq, click here. The Central Government has on March 11, 2024 notified the Citizenship Amendment Rules 2024 pending which the provisions of the Citizenship (Amendment) Act, 2019 could not be given effect to, even after receiving assent of the Parliament in December 2019. These rules lay down the procedural aspect of implementing the provisions of Citizenship Amendment Act, 2019. They are a handmaid to the Citizenship Amendments specially introduced in favor of according Indian citizenship status to certain persons. A brief discussion on the Citizenship Amendment Act, 2019 is necessary to understand the purpose of the...

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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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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 Rise Of Artificial Intelligence & The Future Of Personality Rights

To read the article on Mondaq, click here. "Artificial intelligence is growing up fast, as are robots whose facial expressions can elicit empathy and make your mirror neurons quiver." – Diane Ackerman Artificial intelligence (AI) has a long history that can be traced back to the eighth century BCE when Hephaestus created "attendants made of gold, which seemed like living maidens," as depicted in Homer's Iliad. The term "artificial intelligence" itself, however, was not coined until the 1950s, when John McCarthy defined it in 1955. AI systems use algorithms to process input data to predict outcomes, solve problems, and initiate actions. Historically, AI...

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Securing A Claim For Bonus In Arbitration: A Contractor’s Guide

To read the article on Mondaq, click here. The Clause for Early Completion Bonus ('Bonus') is provided in works contracts with the intention to reduce the time taken for completion that would normally be required. This is done by incentivising the contractor with a right to claim a certain percentage of the contract price as a bonus in case the actual completion date precedes the scheduled completion date. The contract may provide for such Bonus on early completion of a milestone, substantial work, or the complete project itself before the scheduled completion date. The advantage of inserting such a provision in a...

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Securities And Exchange Board Of India (SEBI) Tightens Insider Trading Regulations By Broadening The Definition Of ‘Connected Persons’ And Introducing The Definition Of ‘Relatives’.

To read the article on Mondaq, click here. After SEBI's quarterly board meeting, held on September 30, 2024, the regulator has, strengthened its anti-insider trading rules i.e. the SEBI (Prohibition of Insider Trading) Regulations, 20151 (the "PIT Regulations"), by broadening the definitions of 'connected persons' and 'immediate relatives'. The PIT Regulations, which came into effect in May, 2015, were designed to level the playing field for all investors by preventing insider trading activities. However, lately, there has been growing cases of individuals & entities exploiting their access to UPSI to gain an unfair advantage in the securities market. Presently, under the PIT Regulations,...

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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 Collision Of Marks: Decoding Trademark Disputes In The Indigo-Mahindra Saga

To read the article on Mondaq, click here. In the realm of commerce and industry, a trademark serves as much more than a mere identifier of goods or services; it is a symbol of the reputation, trust, and goodwill accrued by its proprietor. The significance of trademarks in maintaining a distinct identity within the marketplace has led to the establishment of stringent legal frameworks to safeguard these intellectual property rights. The dispute between InterGlobe Aviation Limited (operating under the brand name "Indigo") and Mahindra Electric Automobile Limited (a subsidiary of Mahindra & Mahindra) over the use of the alphanumeric identifier "6E"...

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Stamp Duty And Corporate Restructuring Regime In India: A Glimpse

To read the article on Mondaq, click here. Stamp Duty Legislation and its Significance in State Revenue With an outgrowth in mergers and amalgamations happening across the Indian market, the State Government has been exercising its power to levy specific stamp duties on these transactions under the Indian Stamp Act, 1899. The Hon'ble Supreme Court of India has classified mergers, demergers, amalgamations, and other corporate transactions within the category of 'conveyance', defined under Section 2(10) of the Indian Stamp Act, 1899 and has provided that State Government may prescribe/levy specific stamp duty rates in different States based on market value of the...

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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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